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Disciplinary procedures: Member misconduct

As the self-regulatory body of commercial forensic practitioners in South Africa, the Institute’s core obligation to the public and industry is the regulation of its members.  In terms of this regulatory obligation, members must at all times adhere to the values of the Constitution of the Republic of South Africa, applicable legislation and the law in general, as well as the Code of Ethics of the Institute in the execution of their duties.

Duties of members

In addition to this, members should also act with care, diligence and competence in the performance of their work and are expected to apply and uphold the principles of integrity, objectivity, confidentiality, competency and legality as set out in the ICFP Code of Ethics.  These principles include:

  • The establishment of trust through their integrity and thus provides the basis for reliance on their professional services and advice.
  • The exhibition of the highest level of professional objectivity in gathering, evaluating, and communicating information about the activity or process being examined.  Balanced assessment should be made of all the relevant circumstances and are not unduly influenced by their own interests or by others in drawing inferences and conclusions.
  • The upholding of the right to privacy, respect the value and ownership of information they receive and do not disclose information without appropriate authority unless there is a legal or professional obligation to do so.
  • The application of knowledge, skills, and experience needed in the performance of commercial forensic services.
  • Respecting and applying the law as applicable to the profession and in particular the fundamental rights of all persons as set out in the Constitution of the Republic of South Africa.

Regulatory sanctions

Sanctions, which can be imposed by the Institute based on the misconduct of members, include censure, suspension, the termination of the membership, the revocation of the member’s relevant designation, etc. Member misconduct includes:

  • the violation of the Code of Ethics;
  • any conduct which brings the profession and / or the Institute into disrepute;
  • improper, unprofessional or unethical conduct in the performance of commercial forensic functions;
  • factors affecting the member’s status as a person fit and proper to be a member of the Institute (such as previous relevant and/or serious criminal convictions; being an unrehabilitated insolvent; having been removed  from a position of trust on account of misbehaviour; Being disqualified from being a director of companies; etc);
  • Other extraneous issues reflecting adversely on the member concerned and being potentially detrimental to the image of the Institute; etc.

ICFP MOI & Code of Ethics

The ICFP MOI sets out the duties on members (such as the Code of Ethics) and the disciplinary procedures (such as complaints, appeals and reviews related to member misconduct). For further details, please refer to the MOI.