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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

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.

Rule 2.2.

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.
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.

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