Code of Conduct and Ethics

Code of Conduct and Ethics2017-11-06T06:52:35+00:00

Code of Conduct and Ethics for the B-BBEE ICT Sector Council’
1. Preamble
The Code of Ethics is embodied into the Code of Conduct as six Ethical Principles, each of which
is expanded into the Code of Conduct.

2. Ethical Principles
A Councillor or employee of the B-BBEE ICT Sector Council:

1. Will behave at all times with integrity. A councillor or employee will not knowingly lay
claim to a level of competence not possessed and will at all times exercise competence
at least to the level claimed.
2. Will act with complete loyalty towards a stakeholder when entrusted with confidential
information.
3. Will act with impartiality when purporting to give independent advice and must disclose
any relevant interests.
4. Will accept full responsibility for any work undertaken and will construct and deliver
that which has been agreed to.
5. Will not seek personal advantage to the detriment of the Council and will actively seek
to enhance the image of the Council.
6. Will not engage in discriminatory practices on any basis whatsoever.

3. Notes for Guidance
The six ethical principles set out above form the underlying foundation of the B-BBEE ICT Sector
Council Code of Conduct and Ethics, and each Councillor and employee, as a condition of
appointment, undertakes to adhere to these ethical principles. The ethical principles are clear,
but have an inevitable appearance of generality. In the following pages each ethical principle is
supported by a number of notes for guidance which will help in specific interpretation. Councillors
and employees will readily appreciate that continued evidence of the determination to abide by
the Code will ensure the public trust and confidence in the Council.

The Council is ready at all times to give guidance in the application of the Code of Conduct and
Ethics. In cases where informal resolution of difficulties is not possible, the Council will invoke
disciplinary procedures.

These procedures involve initial discussion to establish the background for a formal complaint,
the appointment of a Committee of Enquiry and, if the latter find a case to answer, a Disciplinary
Committee. The Disciplinary Committee is empowered to exclude from the Council; to suspend
from membership for a given period; to reprimand; to admonish or; of course, to dismiss the
case.
NOTE: In case of conflict in the interpretation of any provision contained in this document, the
English version will prevail.

4. Terminology:
The following conventions apply to the reading of this Code:
1. “Councillor” includes all persons appointed to the B-BBEE ICT Sector Council.
2. “Employee” is any person employed in any capacity by the Council.
3. “Stakeholder” is any person, department or organisation having business with the
Council, including but not limited to measured entities, organs of state, enterprises
operating within the ICT sector, their owners and employees.

5. Ethical Principle 1 – Integrity:
“A Councillor or employee will behave at all times with integrity. A member will not knowingly lay
claim to a level of competence not possessed, and will at all times exercise competence at least
to the level claimed.”
1. Integrity implies wholeness, soundness, completeness: anything the Councillor or
employee does should be done competently. Where necessary, additional guidance or
expertise should be obtained from qualified advisers.
2. While claims to competence should not be made lightly, a Councillor or employee shall
not shelter behind this principle to avoid being helpful and co-operative; any guidance or
advice that can be provided from experience should be readily given.
3. A Councillor or employee should act in a manner based on trust and good faith towards
stakeholders and towards others with whom he or she is associated.
4. A Councillor or employee should express an opinion on a subject only when it is
founded on adequate knowledge and honest conviction, and will properly qualify any
opinion expressed outside the level of professional competence attained.
5. A Councillor or employee should not deliberately make false or exaggerated
statements as to the state of affairs existing or expected regarding any aspect of the
transformation of the ICT Sector.
6. A Councillor or employee should comply with the Code of Practice and any other codes
that are applicable and ensure that stakeholders are aware of the significance of his or
her work.
7. A Councillor or employee has an obligation to be aware of relevant developments in
the ICT sector, particularly as may be relevant to transformation.
8. A Councillor or employee should not engage in any illegal activities

6. Ethical Principle 2 – Confidentiality:
“A Councillor or employee will act with complete loyalty towards a stakeholder when entrusted
with confidential information.”
1. A Councillor or employee shall take adequate measures to ensure the confidentiality of
a stakeholder’s information.
2. A Councillor or employee should not disclose, or permit to be disclosed, or use to
personal advantage, any confidential information relating to the affairs of Council or its
stakeholders without their prior permission. The principle covers the need to protect
confidential data.
3. Various kinds of information can be considered by a stakeholder to be confidential.
Even the fact that a project exists may be sensitive. Business plans, trade secrets,
personal information are all examples of confidential data.

7. Ethical Principle 3 – Impartiality:
“A Councillor or employee will act with impartiality when purporting to give independent advice
and will disclose any relevant interests.”
1. This principle is primarily directed to the case where a Councillor or employee or their
relatives or friends may make a private profit if the stakeholder follows advice given. Any
such interest should be disclosed in advance.

8. Ethical Principle 4 – Responsibility:
“A Councillor or employee will accept full responsibility for any work undertaken and will construct
and deliver that which has been agreed to.”
1. Trust and responsibility are at the heart of professionalism. A Councillor or employee
should seek out responsibility and discharge it with integrity. A Councillor or employee
should complete the work accepted within the agreed time and budget. If that which has
been promised cannot be achieved then the stakeholder must be alerted at the earliest
possible time so that corrective action can be taken.
2. Councillors and employees should have regard to the effect of B-BBEE Codes of
Practice insofar as they are known to them, on the basic human rights of individuals,
whether within the organisation, its stakeholders, or among the general public.
3. Subject to the confidential relationship between themselves and their stakeholders,
Councillors and employees are expected to transmit the benefit of information acquired
during the operations of the Council, as a result of technical knowledge, to alleviate any
situation that may harm or seriously affect a third party.
4. A Councillor or employee should combat ignorance about transformation wherever it is
found.

9. Ethical Principle 5 – Relationship to the Council:
“A Councillor or employee will not seek personal advantage to the detriment of the Council and
will actively seek to enhance the image of the Council.”
1. It is necessary to write this principle into the Code of Conduct and Ethics to prevent
misuse of the considerable influence that a Council can have. Nevertheless, its impact is
largely internal and the points that have been made should be read in that light.
2. A Councillor or employee should not bring the Council into disrepute by personal
behaviour or acts when acknowledged or known to be a representative of the Council.
3. A Councillor or employee should not misrepresent the views of the Council nor
represent that the views of an individual or group of the Council constitutes the view of
the Council as a whole. When acting or speaking on behalf of the Council, Councillors and
employees should, if faced with conflict of interest, declare their position. Councillors
should not serve their own pecuniary interests or those of the company which normally
employs them when purporting to act in an independent manner as representatives of
the Council, save as permitted by the Council following a full disclosure of all the facts.
4. Councillors and employees are expected to apply the same high standard of behaviour
in their social life as is demanded of them in their professional activities insofar as these
interact. Confidence is at the root of the validity of the reputation of the Council and
conduct which in any way undermines that confidence (e.g. a gross breach of a
confidential relationship) is of deep concern to the Council.
5. Councillors and employees should conduct themselves with courtesy and
consideration towards everyone they come into contact with in the course of their
professional work.

10. Ethical Principle 6 – Non-discrimination:
“A Councillor or employee will not engage in discriminatory practices in professional activities, on
any basis whatsoever.”
1. Councillors and employees should ensure that their dealings with others are at all
times entirely professional and free from unfair discriminatory behaviour.
2. Wherever they have the opportunity to control or influence the hiring and management
of employees, their decisions should be based solely on the skills, experience and
performance of the employee within the context of meeting the transformation objectives
of the ICT sector and the country.

11. Disciplinary Procedure
1. All Councillors and employees undertake to abide by the Council’s Code of Conduct
and Ethics. It will happen on occasion, however, that someone wishes to lay a complaint
against a Councillor or employee for infringement of the Code, and this note explains the
Institute’s procedures.
2. Processing Stages
The Council’s disciplinary regulations provide for the processing of complaints against
Councillors or employees, or former Councillors or employees, in two stages:

1. All complaints should be in writing and addressed to the Council. These
complaints may be lodged by any person, organisation or stakeholder or where
Council resolves to proceed against any Councillor or employee or former
Councillor or employee for breach of the Code of Conduct and Ethics. The
complaint will then be investigated by a Committee of Enquiry that has the power
to summon any Councillor or employee or former Councillor or employee, whom
the committee believes may be able to provide information concerning the
subject matter of the complaint, to appear before it.
2. Should the Committee of Enquiry believe that a case of misconduct has been
established, then the Councillor or employee or former Councillor or employee will
be given 21 days notice to answer the complaint. If no written representation is
received, or if the committee is not satisfied that the complaint has been
answered, and then the complaint will be referred to the Disciplinary Committee.
Should the Committee of Enquiry find that the complaint is without substance,
the complainant will be advised accordingly.
3. Where the complaint is referred to the Disciplinary Committee, a formal
hearing of the charge will be arranged. Witnesses may be called but no legal
representation will be permitted at the hearing and all proceedings will be held in
camera.
4. If found guilty of the charge, the Councillor or employee may receive a warning,
be reprimanded, suspended from membership for a period or expelled from the
Council.
Where the sentence is a warning and reprimand, the Council shall circularise all
Councillors and employees setting out the nature of the circumstances and the
result of the hearing but not the name of the Councillor or employee. Where the
Councillor or employee has however been suspended or expelled, the Council
shall, to the extent it deems expedient, advise all Councillors and employees of
the facts and name of the Councillor or employee, for their exclusive and
confidential information.

The Codes of Ethics has been agreed to and adopted by the following signatories:
Ms Nokuzola Ehrens
Mr Raletlhogonolo Andile Tlhoaele
Ms Sarah-Jane Capazario
Mr Mduduzi Mkhonza
Mr Gavin Pieterse
Mr Adrian Schofield
Ms Pheladi Gwangwa
Mr Frank Awuah
Ms Katharina Pillay
Mr. Lucky Masilela
Mr Thulani Tshefuta
Mr Richard Charles Poulton
Mr Tshepang Lesiba
Ms Morwesi Ramonyai
Ms Petronella Linders
Mr Norman Munzhelele