| Association of Consulting Engineers Botswana - Byelaws |
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| A: Rules of Professional Conduct |
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| 1. |
Members of the Association and their Representatives shall uphold the integrity and dignity of the engineering profession, discharging faithfully and with full regard to the public interest all duties in accordance with these Byelaws and the rules of the professional institutions to which they belong. They shall not conduct themselves in a manner, nor act in any capacity, nor hold any appointment, which prejudices the standing of a Consulting Engineer or the interests of the Association. |
| 2. |
A Member shall act for his Client as a faithful agent Shall; |
| 2.1 |
At the onset of negotiations leading to his employment or Re-employment, disclose to his Client or prospective Client the nature of his association with any other person who, or organisation which, might gain financial advantage from his employment. |
| 2.2 |
Recommend to a client a person with whom, or an Organisation in which, he has a financial interest only when he informs his Client of his interest. |
| 2.3 |
Render only the professional service for which he is qualified by training and experience, engaging or recommending the engagement of specialists when this is in the best interest of his Client. |
| 2.4 |
Not misrepresent his qualifications to his Client or prospective Client. |
| 2.5 |
Not, without his Client's authority, divulge confidential information concerning his business affairs or technical processes. |
| 3. |
A member shall not: |
| 3.1 |
Injure or attempt to injure, whether directly or indirectly, the professional reputation, prospects or business of another Member; provided that this rule shall not be taken as prohibiting the expression of technical opinion on behalf of his Client before a tribunal or in a commissioned report, or of lodging a complaint of the conduct of another Member to a competent body which lays down the rules of conduct. |
| 3.2 |
Attempt to supplant another Member in a professional engagement, nor shall he review or take over the professional work of another Member except with the consent of that Member or until he has been notified by the client that the connection of the other Member with the work has been terminated and his outstanding fees have been paid, unless the client can show just cause for their having been withheld in part or full. |
| 3.3 |
Approach Members of staff of other Members, without the knowledge of their employers, in order to induce them to leave and enter their own service, and shall require agents working for them to behave similarly. |
| 4. |
Without the written authority of his client and all other Parties concerned, a Member shall not accept: |
| 4.1 |
Remuneration for his services from anyone other than his client. |
| 4.2 |
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| 4.3 |
Any royalty, gratuity, discount or commission or any transaction, article or process connected with his work for his Client. |
| 5. |
In his professional employment, a Member acts as the agent of his Client, and shall accept tenders or place orders only with the specific authority of his Client. He shall certify sums due to others for his Client to make payment but shall not himself make payment on his Client's behalf unless the Client gives good reason for requesting this. |
| 6. |
A Member shall not knowingly compete with another Member on the basis of professional charges, unless the competitive offers submitted are in accordance with procedures which have been endorsed by the Council and which include the requirements that: |
| 6.1 |
Quality of service shall be a primary factor in the selection process. |
| 6.2 |
The nature and scope of the duties shall be so defined as to ensure the principle of equity between competitors. |
| 6.3 |
Any fee proposal once made, shall not be revised prior to the award of the commission. |
| 7. |
Where a Member practises under the name of a company incorporated with unlimited liability of the directors shall be equivalent to that of the partners in a partnership and the control, and a majority of not less than two-thirds of the voting rights, of the company shall vest in directors eligible for membership of the Association as member's Representatives. |
| 8. |
An organisation in which a Member has a financial interest but which provides only technical services and not professional advice: |
| 8.1 |
May operate as a limited liability company. |
| 8.2 |
May have as its directors Representatives of the Member only on condition that it shall not advertise nor solicit work for itself nor for the Member having an interest in it and that its Articles of Association require that the conduct of company operations conforms to standards of professional conduct acceptable to the Association. |
| 8.3 |
Shall be recommended to a client by any Member having a financial interest in it only when he inform the Client of his interest. |
| 9. |
A member shall not improperly, directly or indirectly solicit professional employment nor give any reward for the introduction of employment. In compliance with this rule: |
| 9.1 |
Advertising shall be limited to entries in directories; these shall be confined to a normal style of the directory. |
| 9.2 |
A Member may write articles for the technical press describing engineering projects for which he is or has been responsible provided that there is no solicitation of professional work contained or implied in such articles. |
| 9.3 |
A Member may grant press or radio interviews in connection with engineering projects with which he has been involved. In such interviews the emphasis shall be on the technical aspects of the project, and not on publicising the Member involved, although it is permissible to mention the name of the Member. |
| 9.4 |
A Member's name may be included in a captain to a photograph of an engineering project published in the press either in the editorial section or in a contractor's advertisement, but it is not permissible to pay for such an insertion. |
| 9.5 |
The names of Members may appear on approved notice boards at works in course of construction and on commemorative tables at completed works. |
| 9.6 |
The issue of brochures detailing factually the capabilities and experience of Members is permissible. |
| 9.7 |
It is permissible to state the name and address of a Member when advertising for staff or for tenders in the press but this should not be unduly prominent. Self-laudatory phrases such as "leading firm of Consultants" are not permissible. |
| 9.8 |
Clients for whom the Member has previously worked may be advised of the opening of branch offices, changes of address, and changes among partners, directors, Consultants or Associates within the firm. |
| 10. |
A Member operating in another country in which standards of professional conduct are laid down by an association recognised by the Federation Internationale des Ingenieurs Conseils shall order his conduct according to such standards. |
| 11. |
Members are required to secure appropriate levels of Professional Indemnity Insurance in accordance with the scope of services offered to clients and the value of works undertaken. |
