Act & Regulations October 1998

RULES OF CONDUCT

Published By The Zimbabwe Institution of Engineers 256 Samora Machel Avenue P O Box 660 Harare Telephone 746821 zie@zarnet.ac.zw

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RULES OF CONDUCT In accordance with Section 58 of the Zimbabwe Institution of Engineers Regulations, 1987, the Council of the Institution has by resolution at its meeting held on the 28 October 1998 made the following Rules of Conduct. In terms of the Regulations, it is incumbent on every member of the Institution to observe these rules in so far as they apply to him. A code of professional conduct designed to cover all eventualities must necessarily be written in general terms expressing broad ethical principles. Almost every case of doubt as to the proper course of action required to conform to a code of professional conduct arises from a conflict between a member's personal interest and his duty to others. Rules issued by the Council indicate the manner in which members are required to conduct themselves in a number of situations that are frequently encountered. In other situations, members are required to order their conduct in accordance with the principle that, in any conflict between a member's personal interest and fair and honest dealing with other members of the community, his duty to the community must prevail. In these rules 'member' means a member of any grade, excluding Affiliated Organisation, referred to in Section 3 of the Zimbabwe Institution of Engineers Regulations, 1987. In terms of the Regulations the Council of the Institution will consider all cases of breach of these Rules that are brought before it. Rule 1.0. A member, in the course of his employment and in

pursuance of his profession, shall have due regard for the public interest.

Rule 1.1. A member, in the course of his employment and in

pursuance of his profession, shall have due regard to the Environmental Code of Professional Practice approved by the Council of the Institution.

Rule 2.0. A member shall act for his employer or for his client as a

faithful agent and trustee and shall discharge his duties with integrity.

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Rule 2.1. A member whose professional advice is not accepted

shall take all reasonable steps to ensure that the person overruling or neglecting his advice is aware of any danger which the member believes may result from such overruling or neglect.

Rule 2.2. A member shall not misrepresent his qualifications to a prospective employer or client and shall render only such professional service for which he is qualified by training and experience.

Rule 2.3. A member, without disclosing the fact to his employer in

writing, shall not be a director of, nor have financial interest in, nor be agent for, any company, firm, association, partnership, syndicate, any other association of persons which is not a body corporate or person carrying on any business which is or may be involved in the work to which his employment relates; nor shall he receive remuneration for his services from more than one source for the same service or work.

Rule 2.4. A member shall pay due regard to the intellectual property

of any other party. Rule 3.0 . A member shall act in a manner to uphold the honour,

dignity, integrity and reputation of the profession. Rule 3.1. A member shall take all reasonable steps to maintain and

develop his professional competence by attention to new developments in science and engineering relevant to his field of professional activity and shall assist persons working under his supervision to do so.

Rule 3.2. A member shall not publicly express an opinion on an

engineering subject unless he is informed of the facts relating to that subject and has disclosed to the person or persons to whom the opinion is directed any association he may have with any party which may benefit from his statement, and then only when founded on adequate knowledge and honest conviction.

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Rule 3.3. A member shall not, in self-laudatory language or in any

manner derogatory to the dignity of the profession, advertise or write articles for publication, nor shall he authorise any such advertisement or article to be written or published by another person.

Rule 4.0. A member shall not falsely, maliciously or recklessly injure

or attempt to injure whether directly or indirectly the professional reputation, prospects or business of another member of the engineering profession.

“Extract from Zimbabwe Institution of Engineers Regulations, 1987” “Statutory Instrument 88 of 1987”

PART X DISCIPLINE OF MEMBERS Professional Conduct of Members 58. (1) Every member shall so order his conduct as to uphold the

status of the Institution and the dignity of his profession or calling and shall act in a strictly fiduciary manner towards his clients, employers and others with whom his work is connected and towards other members and generally in a manner consistent with the best interest of the Institution.

(2) Without prejudice to the generality of subsection (1) and for the

purpose of ensuring compliance with its provisions, the Council may--

a) make rules to be observed by members with regard to

their conduct in any respect that may be relevant to their position as members of the Institution; and

b) give directions as to the conduct of members in specific

situations; and may at any time amend or rescind any such rule or direction.

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(3) The Council shall ensure that rules or directions in terms of

subsection (2) are published or notified to members in such manner as the Council considers will best ensure their dissemination to members affected by them.

(4) It shall be the duty of every member to acquaint himself with and

abide by all rules and directions made or given in terms of subsection (3), in so far as such rules or directions apply to him.

Inquiries in terms of sections 24 of Act 59. (1) If an allegation is made to the Council, or the Council

otherwise has reason to suspect, that -- a) a member has been convicted of an offence and

sentenced to imprisonment without the option of a fine; or b) the estate of a member has been declared insolvent; or c) a member has been guilty of unworthy or unprofessional

or dishonourable conduct; the Council shall forthwith either conduct such investigations into

the matter as it thinks appropriate or if it considers it expedient to do so, appoint a committee to investigate the matter and report to the Council thereon.

(2) After conducting an investigation or receiving a report from a

committee appointed in terms of subsection (1), the Council may resolve that there is substance in the allegation against the member concerned:

Provided that before so resolving the Council shall give the

member an opportunity to appear before the Council in person and with such legal representation as he may desire in order to state his case and meet any allegations against him.

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(3) The costs of any legal representation incurred by a member in connection with any inquiry or investigation in terms of this section shall be borne by such member.

(4) If the Council resolves that there is substance in an allegation

against a member, it may apply to the High Court in terms of section 24 of the Act for the suspension of the member or for the removal of his name from the Register.