Author: Neftaly Malatjie

Almost everyone in computing is from time to time in the position of salesperson – either in direct contact with clients and customers, or with those who, because they are dependent on results from computing, are in the position of clients. Salespeople are normally direct employees of their companies, and it is implicit that whatever they promise to a customer should be delivered by the company. Salespersons must therefore act loyally and honestly as employees and should declare their status as representatives of the company. Payment by results in the form of commission to a salesperson is an accepted business practice; but in the selling of a continuing system it is probably desirable that some or all of such commission be tied to the proper performance of the work and the long term satisfaction of the customer. The member should act in a manner based on trust and good faith towards customers, to ensure that they receive lasting and profitable enjoyment of their purchase. For example :

– members should accept only such work as they believe the organisation can produce and deliver;
– members should ensure that any agreement with the customer is explicit, unambiguous and complete;
– members should obey the spirit as well as the letter of any contract and of the law;
– members should secure after-sales service where appropriate commensurate with the kind of product supplied and the price paid;

– members should ensure that the customer is aware of any contingencies under which supplementary charges may be payable and the basis of such charges;
– members should ensure that customers are aware of any significant risks e.g. imminent obsolescence, replacement or supercession of facilities, which could adversely affect their plans, and of any additional work or expense they will or may incur in using the service or product which is being offered to them;

– with the prior consent of the client, members should sub-contract only to responsible practitioners and organisations;

– members should avoid illegal “informal” price fixing and market sharing arrangements tending to falsify the process of tendering and open competition;
– members should not be party to any practice which could lead to commercial or other corruption;
– members should not use products commissioned and paid for by one client for another client, without the knowledge and agreement of the original client;

– members should not denigrate the honesty or competence of a fellow professional or competitor with intent to gain unfair advantage;

– members should not maliciously or recklessly injure or attempt to injure, directly or indirectly, the professional reputation, prospects or business of others;

– members should not exploit customer relations by using either the existence of any contract or any identifiable precis of work done in any advertising or publicity material without the permission of the client.

Advice given to a client can come from:

(a) Outside an organisation, either for a fee or as part of a supplier’s marketing effort or after-sales support;
(b) Within the organisation from business analysts or system designers working directly or indirectly for a user. Irrespective of conditions of employment, consultants are expected to give sound advice and honest opinions, and to help the client to a successful planned conclusion. The following points amplify the notes for guidance in respect for consultancy work.
Members should hold themselves accountable for the advice given to their client’s, and should ensure that all known limitations of their work are fully disclosed, documented and explained.
A member should not attempt to avoid the consequences of poor advice by making the language of any report incomprehensible to the layman by the use of computer jargon.
A member should ensure that the client is aware of all significant contingencies and risks which could adversely affect plans and the scale of the costs which may be incurred as a result of embarking on any particular computer strategy. During the course of the work, the member should bring to the client’s attention, at the earliest possible time, any risk that the stated objectives may not be achievable or any risk attaching to the objective of which the client may not be aware; and if the solution lies in the extension of the contract, best efforts should be used to make the necessary time available at an equitable fee. Where it is possible that decisions may be made as a result of a member’s efforts which could adversely affect the social benefits, work or career of any individual, the member should ensure that the clients are aware of their responsibilities to mitigate the effects of their decisions.
Members should always have regard to any factors arising during a professional assignment which might reflect adversely upon their integrity and objectivity. Members should declare to their client, before accepting instructions, all interests which may affect the proper performance of their functions. For example:

(a) a directorship or controlling interest in any business which is in competition with the client;
(b) a financial interest in any goods or services recommended to the client;
(c) a personal relationship with any person in a client’s employment who might influence, or be directly affected by, advice given. When undertaking consultancy work, a written agreement must be provided which clearly states the basis or amount of remuneration before undertaking the assignment. A member is expected not to structure fees in any way so as to offset impartiality; examples which have in the past been regarded as suspect include fee splitting, and payment by results.
A member should not invite any employee of a client to consider alternative employment without prior consent of that client. (An advertisement in the press is not considered to be an invitation to any particular person for the purpose of this rule.)

All members of the Society undertake to abide by the Society’s Code of Conduct. It will sometimes happen, however, that someone (member or non-member) wishes to lay a complaint against a member for infringement of the Code, and this note explains the Society’s procedures.
Professional workers exercise not only the skills which they have learned in formal education and training, but also mature personal judgement developed from the use of those skills, in the varying situations of day-to-day working life. The level of members’ professional objectives will be dependent on, amongst other things, their seniority, their position and their type of work.
Consultants carry additional professional obligations. A senior executive in charge of a major computer application or computer project is responsible for the accuracy of the information produced by the installation and for ensuring that those for whom it is prepared are fully aware of its limitations in relation to the purpose for which they intend to use it; a person cannot, however, be held responsible if it is used for a purpose of which they are unaware or for which it was not intended. The responsibility of senior systems analysts and programmers is also heightened because their work is so little understood by others and failures can have serious consequences. It must, however, be borne in mind that the more responsibility a member carries, the higher will be the standard expected of him or her, and the more rigorously may the Society’s sanctions have to be applied. In the interest of the public, the highest standard will be expected of those in public practice who by nature of their work accept personal responsibility for what they undertake. The Society has no legal standing between a member and his employer, whether an individual or a company. Its remedy lies in giving, where appropriate, fullest support for the stand taken by a member who loses a job, or is in danger of doing so, and of censuring the employer who seeks to place the member in a position which could cause violation of the Society’s Code of Conduct. The Society’s disciplinary regulations clearly set out the procedures to be followed. In essence, however, they provide for the processing of complaints against members, or former members of the Society, in two stages. Firstly: all complaints should be in writing and addressed to the Executive Director of the Society. These complaints may be lodged by any person, organisation or Chapter committee or where Council resolves to proceed against any member or former member for breach of the Code of Conduct. The complaint will then be investigated by a Committee of Enquiry which has the power to summon any member or former member, whom the committee believes may be able to provide information concerning the subject matter of the complaint, to appear before it. Should the Committee of Enquiry believe that a case of misconduct has been established then the member or former member 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, then the complaint will be referred to the Disciplinary Committee. Should the complaint be found, by the Committee of Enquiry, to be without substance, the complainant will be advised accordingly. Secondly: 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. If found guilty of the charge, the member may be cautioned or reprimanded, suspended from membership for a period or expelled from membership of the Society for life. Where the sentence is a caution and reprimand, the Council shall circularise all members setting out the nature of the circumstances and the result of the hearing but not the name of the member. Where the member has however been suspended or expelled, the Council shall, to the extend it deems expedient, advise all members of the fact and name of the member, for their exclusive and confidential information.

“A member will not engage in discriminatory practises in professional activities, on any basis whatsoever.” Professional people should ensure that their dealings with others are free from unfair discriminatory behaviour. 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. This implies hiring and remunerating on an equal opportunity basis.
Wherever possible, members should support and/or initiate programmes which encourage the development and training of professionals and managers on an equal opportunity basis.

“A member will not seek personal advantage to the detriment of the Society and will actively seek to enhance the image of the Society.” It is necessary to write this principle into the Code of Conduct to prevent misuse of the considerable influence that a professional society can have. Nevertheless, its impact is largely internal and the points that have been made should be read in that light.
A member should not bring the Society into disrepute by personal behaviour or acts when acknowledged or known to be a representative of the Society. A member should not misrepresent the views of the Society nor represent that the views of a segment or group of the Society constitutes the view of the Society as a whole. When acting or speaking on behalf of the Society members should, if faced with conflict of interest, declare their position. Members 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 representative of the Society, save as permitted by the Society following a full disclosure of all the facts. Members 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 qualifications of the Society and conduct which in any way undermines that confidence (e.g. a gross breach of a confidential relationship) is of deep concern to the Society. Members should conduct themselves with courtesy and consideration towards all with whom they come into contact in the course of their professional work.
A member should have regard to the great extent that professional and other bodies depend on voluntary effort and should consider what personal contribution can be made both to the public generally and to the Society, in order to enhance the image of the Society and the quality of work delivered by its members. In this regard the member will inter alia seek co-operation with related professional bodies. A member should avoid any behaviour which impinges on the reputation of any other member of the Society.