Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Financial and Accounting Services Sector Education and Training Authority (FASSET)10. Code of Conduct |
| 10.1 | Constituents, representatives of the management board, executive committee, working committees, and employees of Fasset are subject to Fasset’s code of conduct, a copy of which will be made available on request, and are expected to comply with both the letter and the spirit of the code. |
| 10.2 | Policy |
Fasset is committed to a policy of fair dealing and integrity in the conduct of its business. This commitment, which is actively endorsed by the management board, is based on a fundamental belief that Fasset’s affairs should be conducted honestly, fairly and legally. Fasset expects all constituents, representatives and employees to share in its commitment to high moral, ethical and legal standards and be aware of and adhere to Fasset’s Code of Conduct policy.
A constituent, representative or employee must, in the exercise of his responsibilities:
| 10.2.1.1 | comply with all applicable laws and regulations which relate to his activities for and behalf of Fasset; |
| 10.2.1.2 | act honestly and in good faith; |
| 10.2.1.3 | perform duties conscientiously and in the best interests of Fasset; |
| 10.2.1.4 | ensure that a conflict or an appearance of conflict does not arise between Fasset’s interests and their personal interests; |
| 10.2.1.5 | declare any such conflicts of interests as provided for in 10.3; |
| 10.2.1.6 | exercise reasonable care and diligence; |
| 10.2.1.7 | not make any improper use of any information acquired as a constituent, representative or employee; and |
| 10.2.1.8 | promote the interests and advance the objects of Fasset. |
| 10.3 | Disclosure of interests |
A constituent, representative or employee of Fasset who is directly or indirectly interested in any business of Fasset or the committee of which he is a member, or who holds any office or possesses any property which might cause a conflict of interest or duties or such possible perception, must declare such interest or potential conflict.
A constituent, representative or employee of Fasset or of any committee must disclose any conflict of interest or duties, or such possible perception, to the management board as soon as practicable after he becomes aware of the relevant facts and shall not partake in the discussion or decision in relation thereto.
A constituent, representative or employee must not take part in any transaction between Fasset and any company, firm or enterprise in which he, or any member of his family, has an interest without declaring such interest and having been specifically authorised by the management board to do so.
All disclosures made to a meeting of the management board, must be recorded in the minutes of such meeting as well as the related decision and motivation therefore.
| 10.4 | Confidentiality and non-disclosure |
A constituent, representative or employee shall not, while he is a constituent,representative or employee of Fasset, or thereafter:
| • | disclose to any person any information, which he acquired while exercising or performing any functions or duties, which is confidential to Fasset, any of its committees, or any other constituent or to any employer or employee in the sector. Such information may only be disclosed if it must be disclosed in terms of the Act, the Skills Development Levies Act, any other applicable law or an order of court; |
| • | copy or reproduce, by any means, such secret or confidential information for use otherwise than by the officials of Fasset unless authorised or instructed to do so by the management board. |
Hand over of documents
A constituent, representative or employee shall hand over to the chief executive officer, upon the termination of his participation, term of office or employment, all papers, drawings, plans, recording tapes, samples, models and any other information, equipment or accessories in his possession or under his control which may contain secret or confidential information or which relates to or are in any way connected to the business and affairs of Fasset or any of Fasset's constituents.
| 10.5 | Assignment of patent rights to Fasset |
A constituent, representative or employee of Fasset will be required, free of any consideration, forthwith to disclose to Fasset all discoveries, processes and inventions and assign to Fasset all his rights in and to such discoveries, processes and inventions made or conceived by him in the course and within the scope of his involvement in any of the affairs of Fasset and whether alone or in conjunction with others, relating to or useful to any business carried out by Fasset.