MEMSA Code of Ethical Conduct

MEMSA Members are committed to adhere to the Members’ Code of Ethical Conduct, as adopted on 16 March 2018.

The full text follows below:

CODE OF ETHICAL CONDUCT FOR MEMBERS

Mining Equipment Manufacturers of South Africa NPC  (MEMSA)

Purpose

The purpose of this Code of Ethics (hereinafter “The Code”) is to provide guidance to members of MEMSA in terms of acceptable, ethical behaviour.  The Code sets agreed ethical standards, aligned with international best practice and South African legislative requirements to which each member must consistently adhere. By doing so, members will help build an effective cluster which embraces cooperation and competition, with an outstanding reputation for honesty, integrity and trustworthiness.

Vision

Our combined vision is to position South African (SA) mining capital goods, components and product manufacturers as a cost competitive, innovative and transformative industrial cluster which is the preferred supplier to the local, regional and global markets.  Because we, the members, are committed to this vision, we will embrace and apply the ethical principles and standards contained in this Code.

Good standing

Because we are committed to being members of good standing, we will:

  • Participate actively in a minimum of fifty percent (50%) of MEMSA Cluster meetings;
  • Pay our membership fees in a timely prescribed manner;
  • Provide accurate and timely information to MEMSA when required to submit relevant records, where such requests have been deemed reasonable by the Board;
  • Resolve conflict between members amicably and in an expedited manner without, unnecessarily, involving other members; and
  • At all times, engage honestly and in good faith with MEMSA.

Ethical business practices

Because we are committed to conducting our business in an ethical manner, we will:

  • Build sound working relationships with MEMSA members in such a manner that business is conducted with integrity;
  • Be honest about our companies, our products and our competitors;
  • Not apply negative selling techniques against any other MEMSA member company, its products or services;
  • Refrain from any actions that could undermine trust and co-operation between members;
  • Not conduct our business in any way that could have a negative impact on the reputation of MEMSA or the industry;
  • Adhere to the laws governing businesses in South Africa in general and our industry specifically, together with relevant regulations, product standards, specifications and certifications;
  • Consistently respect contracts and agreements with our suppliers, customers and business partners; as well as any obligations arising from these documents;
  • Respect fundamental human rights as enshrined in the Constitution of South Africa and the United Nations Global Compact;
  • Be environmentally responsible and ensure healthy and safe working conditions at our companies for all employees; and
  • Facilitate and encourage responsible product design, use, re-use, recycling and disposal of our products.

Transformation

Because transformation is part of our Vision, we commit to work towards transformation in

  • Our companies and the broader industry; and
  • Our supply chains through enterprise development as per the BBBEE Act.

Transparency

Because we value honest and transparent business conduct, we will:

  • Avoid anti-competitive behaviour as defined by the South African Competition Act no. 89 of 1998;
  • Not collude with MEMSA members, MEMSA and non-MEMSA companies on price or engage in trade practices which undermine a competitive economy;
  • Not offer favours or gratuities in return for invitations to tender, award of contracts, orders or confidential client information; and, in addition,
  • Not engage in any form of corruption, bribery and other illegal activities.

Fair dealing

Because we embrace fairness, we will:

  • Treat our employees, suppliers, contractors, competitors and member companies in a fair manner;
  • Not take unfair advantage of members through manipulation, concealment, abuse of privileged information, misrepresentation of material facts or any other unfair dealing practices;
  • Refrain from poaching employees from other member companies, especially with the aim of obtaining confidential member information from them.

Conflicts of interest

Because we are committed to impartial business practices, we will:

  • Remain objective and free from undue influence in all our decisions relating to MEMSA;
  • Avoid actual, perceived and potential conflicts of interest, and disclose to the MEMSA CEO or his nominated delegate when such conflicts emerge and update disclosures when circumstances change; and
  • Recuse ourselves from MEMSA meetings if a conflict of interest exists or could arise.

 Confidentiality

Because we value the confidentiality and privacy of information, we will:

  • Not disclose information or documents described as confidential and acquired through membership of MEMSA, other than as required by law or where agreed by decision of the relevant members; and
  • Not use or share undisclosed information about member companies for share trading purposes until such information has been fully disclosed into the public domain.

Intellectual property

Because we acknowledge the importance and value of intellectual property, we will:

  • Comply with all intellectual property legislation;
  • Actively pursue (where applicable) the protection (statutory or other) of own intellectual property;
  • Recognise other members’ rights to and ownership of their registered intellectual property;
  • Refrain from supplying parts that are fraudulently labeled;
  • When collaborating, agree to enter into project specific intellectual property agreements wherein the intellectual property owned by the contracting parties is predefined and acknowledged (background intellectual property); and
  • Strive to collaborate in the development and/or co-development of new intellectual property in order to advance the vision of MEMSA.

Reporting of concerns

Members have an active responsibility to ensure prompt and consistent action is taken against any violations of The Code by one or more other member(s) by reporting such violation to the Board of MEMSA.

Protection of the Code of Ethics

In order for this Code of Ethics to be effective, it will need to be protected by means of an acceptable enforcement procedure. See the Memorandum of Incorporation for more detail in this regard.

Effective date

This Code is effective from 16 March 2018.