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ASAQS Code of Conduct
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THE ASSOCIATION OF SOUTH AFRICAN QUANTITY SURVEYORS

CODE OF CONDUCT     


1          DEFINITIONS AND INTERPRETATIONS

 

1.1       Where words and phrases are bold in the text of this code of conduct they shall bear the meaning assigned to them in this clause and where such words or phrases are not bold they shall bear the meaning consistent with the context

 

1.2    Act means the Quantity Surveying Profession Act (Act 49 of 2000, as amended), together with any regulations promulgated thereunder including any notice, rule or order issued or made thereunder

 

 1.3       Association means The Association of South African Quantity Surveyors, an association of natural persons engaged in quantity surveying

 

1.4        “Board means the board of the association from time to time, established in terms of the constitution

 

1.5    By-laws” means the by-laws of the association with such amendments, modifications, alterations and additions thereto as may be made by the board from time to time

 

1.6     Code of Conduct means this code of conduct of the association with such amendments, modifications, alterations and additions thereto as may be made by the board from time to time

 

 1.7       Constitution” means the constitution of the association

 

1.8       “Council” means the South African Council for the Quantity Surveying Profession established in terms of the act

 

1.9       “Day” means a calendar day inclusive of Saturdays, Sundays and public holidays.  Where it is necessary to calculate any notice period such calculation shall be exclusive of the day on which the notice is given and inclusive of the last day of the notice period

 

1.10      “Member” means any person admitted as a member of the association in any of the membership categories defined in the by-laws

 

1.11     Practice means an established quantity surveying practice or branch office of a quantity surveying practice or the quantity surveying division of a multidisciplinary professional practice

 

1.12     Prescribed” means prescribed in the constitution, the by-laws and/or by the board

 

1.13     Professional member means any member registered with the council as a professional quantity surveyor

 

1.14     In this code of conduct, unless it appears to the contrary, the singular shall include the plural and vice versa. Any reference to any gender shall also include the other genders and any reference to a natural person shall include a juristic person

 

1.15     The headings of clauses are for reference purposes only and shall not be used in the interpretation thereof

 

1.16     The definitions shall be considered to be substantive provisions of this code of conduct

 

 

2           GENERAL

2.1       A member shall order his conduct so as to:

2.1.1          have full regard to the public interest, public safety and public health;

2.1.2          uphold the dignity, standing and reputation of the quantity surveying profession;

2.1.3          comply with the laws and regulations of the country in which he operates;

2.1.4         discharge his duties to his employers, colleagues or clients with efficiency, competence, integrity, honesty, confidentiality, fidelity and without undue delay;

2.1.5          be fair and impartial in the provision of advice and judgement to an employer or client or any other party to a construction  agreement in which he is involved;

2.1.6          disclose to his employers or clients any known conflicts of interest and shall take all steps necessary to resolve such conflicts;

2.1.7          maintain, develop and employ appropriate levels of knowledge and skills for the services for which he is employed and

2.1.8          respect the reputations, prospects, skills and practices of other members

 

3             PROFESSIONAL BUSINESS PRACTICE

3.1             A member shall:

3.1.1        notify the association in writing of any change in personal and practice details within thirty days of such change;

3.1.2    display on all letterheads, brochures and in electronic media the names and locations of principals and associates so as to clearly indicate to the public the full extent of the business entity;

3.1.3       ensure that any advertisement of his professional services is not self-laudatory, is true, factual, dignified and creditable to the quantity surveying profession, is not misleading and does not imply in any manner that another practice would render a lesser service;

3.1.4      notify the board in writing of his entering into or dissolving any professional partnership, trust, shareholding or association or becoming a member or ceasing to be a member of a company or close corporation offering quantity surveying services;

3.1.5        notify the board when entering into any partnership or association to provide quantity surveying services with any person other than a professional member;

3.1.6       ensure that the name of his practice or his practice in association with another practice or of the company or close corporation of which he is a member is not misleading;

3.1.7      ensure that any office or branch office maintained for the purpose of providing quantity surveying services in a private professional consulting practice is under the fulltime control and supervision of a professional member and that no indication is given that his practice extends to any other office or branch office which is not similarly controlled or compliant with these regulations and

 

3.1.8    maintain control of a practice by a two thirds majority of professional members in terms of numbers, shareholding and voting power

3.2          At the discretion of the board a multidisciplinary professional practice, that also provides quantity surveying services, shall not be subject to 3.1.8 above but may be controlled by registered members of closely allied built environment professionals with the quantity surveying division/section under the fulltime supervision of a professional member

 

4           COMPETITIVE ETHICS

 

4.1      A member shall:

4.1.1   refrain from reviewing, for a particular client, the services rendered by another practice of which he is not a member except:

4.1.1.1      with such practice having knowledge of the review and being afforded the opportunity of submitting comments on the findings of the review before submission to the client;

4.1.1.2       when the employment of such practice has been terminated or

4.1.1.3       when the review is intended for purposes of court or legal proceedings

 

4.1.2   refrain from establishing or maintaining a relationship with a client, prospective client or third party or indulge in any activity which may be deemed to be corrupt or be deemed to influence in a corrupt manner the provision of his quantity surveying services or lead to fraud being committed

 

5          TECHNICAL COMPETENCE

5.1         A member shall:

5.1.1   endeavour to stay abreast of technical and professional developments of the industry, environment and/or profession in which he operates by means of continuing professional development as prescribed by the board;

5.1.2   maintain and retain original records in hard or electronic copy of technical and contractual documents verifying services rendered for a period of five years after completion of a project and completion of the final account and make such documents available to relevant and responsible parties upon reasonable request;

5.1.3   only undertake work for the execution of which his training and experience has rendered him competent and employ only adequately qualified personnel as demanded by the services for which  he is employed;

5.1.4   display his  name or the name of his practice or the name of the company or of the close corporation of which he is a member on all bills of quantities, specifications, final accounts, certificates or other professional documents in respect of services rendered by him or by some person in  his employ or by any member or employee of the company or of the close corporation of which he is a member and 

5.1.5   refrain from either personally or through the agency of another person, whether or not such person is in his employ, make or offer to make by way of commission, incentive, bribe or otherwise, payment or other consideration for the obtaining of professional appointments

 

 

6           EXTRA-PROFESSIONAL ACTIVITIES

6.1        A professional member in private practice shall:

6.1.1     Disclose to his respective employers or clients, or prospective employers or clients, in writing:

 6.1.1.1   any interest, whether financial or otherwise, which he may have in any company, firm or organisation, or with any person, which is related to the work for which he has been or may be employed and

6.1.1.2   particulars or any royalty or other benefit which accrues or may accrue to him as a result of such work

6.1.2    Not either directly or indirectly deal in building or construction work and/or property development for his own account or for any consideration where :

 6.1.2.2   such dealings in building or construction work and/or property development conflict with his responsibilities to his client or employer or

6.1.2.3   he has privileged or confidential information concerning such building or construction work and/or property development as a result or any quantity surveying work undertaken by him : provided further that he shall not make any personal use of or divulge to others, privileged or confidential information related to the quantity surveying work undertaken by him

6.2          A member shall, while serving as an employee or a director or in any like capacity in any company, firm or undertaking indulging in any contracting, supplying or manufacturing business involved in building or construction work, or while having a financial interest in any such company, firm or undertaking other than an entity listed on the securities exchange:

6.2.1   refrain from doing or holding himself out to do the work of a quantity surveyor whether for reward or otherwise, except only for such company, firm or undertaking;

6.2.2   refrain from holding himself out to be in private consulting practice as a quantity surveyor to give independent advice on matters of contract, management or cost and

6.2.3   refrain from allowing his professional designation to be used on brochures or advertisements issued by such company, firm or undertaking or by any other means in a manner which states or implies that an independent quantity surveying service can be provided

Notwithstanding the above, a member who is involved in facilities management and/or other non-quantity surveying business ventures (other than contracting, supplying or manufacturing in terms of clause 6.2 above) and in such capacity has an interest in building or construction related services, shall not be bound by the provision of this clause.  Such member shall nevertheless abide by the provisions of clause 2.1.6 above

 

7              DISCIPLINARY ACTION

 

7.1        Failure to adhere to any of the above provisions may result in disciplinary action being instituted against the member in terms of the by-laws

 

 

8              EFFECTIVE DATE

 

   8.1          The effective date of this code of conduct is19th October 2016

 


Code of Conduct

Item Name Posted By Date Posted
ASAQS Code of Conduct - 2016 PDF (45.05 KB)  more ] Administration 2017-03-15
ASAQS Code of Conduct - 2005 PDF (46.55 KB) Administration 2017-03-09