INTRODUCTION

The purpose of this document is to provide a framework for acceptable behaviour for SATiBA and all SATiBA Members who hereby pledge to adhere to these Codes and Principals.

It applies to:

• Directors
• Both ordinary and associate members of SATiBA

(All persons listed above are individually and/or collectively referred to as “Members” hereafter)

This document consists of guidelines more fully set out in the following sections:

• Principles of Conduct
• Personal Code of Conduct
• Communications Confidentiality
• Ethical Standards of behaviour
• Code of competitive behaviour
• Values
• Vision & Mission statement

PRINCIPLES OF CONDUCT

SATiBA operates in a transparent, accountable and ethical manner in all its dealings. Our principles of conduct apply to every aspect of our organisation.

• We are committed to upholding the highest standard of integrity, credibility, dignity and confidentiality in respect of our business practices for our Members and our industry.
• We ensure that there is a proper understanding and observation of our principles amongst our Members and staff.
• We have a reputation for integrity and responsible behaviour which underlines our performance through the motivation of our members and the building of trust and goodwill.
• We are committed to good corporate governance, transparency and fair dealing.
• We share knowledge and advances that may improve the quality, safety and effectiveness of our industry.
• We are committed to treating Members at all levels with respect and consideration, to supporting their development and to ensuring that their businesses are not restricted by discrimination or other barriers.
• We strive to provide Members with opportunities to improve their knowledge, skills and abilities. Thus enabling them to develop fulfilling careers, opportunities and to maximise their contribution to society.
• We strive for mutually beneficial long term relationships with our Members based on fair, ethical and collaborative practices.
• We expect our Members to treat the patient, donor and next of kin with respect and dignity and maximise tissue procurement through collaboration.
• We expect our Members to respect human dignity and the rights of individuals and communities.
• We expect our Members to perform their duties conscientiously, honestly and with due regard for their responsibilities to SATiBA, fellow Members and their patients/clients.
• We comply with all laws and regulations applicable to our organisation.
• We are vehemently opposed to corruption and will not offer, pay or accept bribes in any of our dealings nor will we tolerate any such behaviour by our Members.
• We recognize and respect the global principles banning the trade of organs, tissues and cells or their constituents, and will strive to enforce these principles amongst our Members and business partners.
• We promote the application of our principles by those with whom we do business. Their willingness to accept these principles is an important factor in our decision to enter into a relationship with them.
• We encourage Members to take personal responsibility for ensuring that our conduct complies with these principles.

PERSONAL CODE OF CONDUCT

Members are obliged to:

• Follow the rules and adhere to the code of conduct of SATiBA
• Uphold the values and maintain the good reputation of SATiBA and fellow members
• To strongly support tissue donation and informed choice
• Adhere to the standards set out by SATiBA and the relevant local government and regulators etc
• Carry out their activities with the highest level of integrity, good faith, truth and honesty
• Respect the confidentiality of information sensitive to SATiBA, its members and their patients/donors/clients.

SATiBA requires high standards of business ethics, morals, honesty and integrity from all Members at all times:

• Fraud, dishonesty or deception by any member is totally unacceptable and will not be tolerated at any level and under any circumstances.
• Confidential information acquired in the course of a Members work, must not be disclosed to any person who is not a Member of SATiBA, nor should the information be used improperly or for personal gain or profit by the Member.
• Information with regard to any confidential process, product, plan or personal information regarding members, financially or otherwise, must not be disclosed by any member unless and until proper authorisation for such disclosure has been obtained.
• Participation in gossip and/or behaviour encouraging negative relationships and/or perceptions is unacceptable and will not be tolerated.
• Members who become aware of any activity or behaviour that negatively impacts on the wellbeing of SATiBA, its Members their patients or clients, must immediately report it to the SATiBA board of directors.

Member’s anonymity will be respected in such situations.

• Members are to take personal responsibility to avoid any conflict, or the appearance of conflict, with any member, or do anything that could damage or erode the trust our business partners place in SATiBA and its members. Although conflict is at times unavoidable and confrontation is occasionally necessary in order for certain issues to be addressed, it is to be handled in a professional, respectful and mature manner.
• Only SATiBA Directors or a designated spokesperson for SATiBA may communicate publicly or with the media regarding SATiBA’s position on any issue
• Electronic Media and services provided by SATiBA are SATiBA’s property and their purpose is to facilitate SATiBA business. They are not to be used for knowingly transmitting, retrieving or storage of any communications which are:
  • For any purpose which is illegal
  • Against company policy
  • Contrary to SATiBA’s interest or that of the Members and/or the industry
• Whilst representing SATiBA, Members must at all times conduct themselves in a manner so as not to bring disrepute to SATiBA or tarnish SATiBA’s image or bring the industry and/or other Members into disrepute
• All Members are required to present themselves in a professional manner consistent with the nature of our business.
• All Members are expected to behave in a manner that is morally sound and conducive to a professional working environment.
• SATiBA will not tolerate the abuse of any Member by any other Member. Such behaviour negates the disciplinary code and is detrimental to the organisational values and the professional environment.
• Members who become aware of, or suspect, a contravention of SATiBA’s Code of Conduct, have an obligation to report this to the board.
• If a Member feels that their own actions have, or may have, contravened this Code, they should either advise their company representative or board of SATiBA.
• Compliance with SATiBA’s Code of Conduct is mandatory for all Members. A contravention of the Code is a serious matter and may result in termination of membership.
• Certain breaches of this Code, i.e. those relating to theft, fraud, defalcation and misappropriation of property, and/or services, may result in civil or criminal proceedings.

COMMUNICATIONS CONFIDENTIALITY

• As stewards of the gifts of donation, we are responsible for acting in accordance with the wishes of donors and their families and treat all donor information with respect and the utmost of confidentiality.
• Members cooperate with colleagues to assure a coordinated approach in seeking and verifying consent documentation and necessary medical background in order to screen donors.
• Members will protect the confidentiality of donors, their families and recipients by releasing information only with proper consent or as may be required to support public safety and legal obligations.
• Individual Members are personally responsible for the safe-keeping and appropriate restriction of information which flows to them in the forms of reports, correspondence or work schedules. Members are accountable for the dissemination of information on a “need-to-know” basis and the periodic destruction of old records within the parameters defined.
• SATiBA information, whether in writing or verbal form, is private.
• SATiBA activities and plans which have not been publicly announced are not to be disclosed to persons outside of the parties such information is restricted to.
• SATiBA’s working relationship with third parties and consultants, often requires disclosure of information. Disclosure to third parties should only be made after the party has given a written commitment to professional confidentiality and the board of SATiBA has approved such written commitment.
• All SATiBA Members should observe the restricted channels whereby information regarding SATiBA is communicated beyond the confines of its business. When in doubt, media enquiries and questions of confidentiality should be referred to the Chairman of the board.
• SATiBA’s public communication, in whatever form, must avoid criticism of opposition companies and services.

ETHICAL STANDARDS OF BEHAVIOUR

SATiBA binds itself to a set of ethical standards which govern the Member’s behaviour at all times. To this end, all SATiBA Members undertake the following:

Behaviour towards competitors:

• SATiBA Members treat fellow members and industry partners with respect and act with the highest level of integrity and commit to fair, just, equitable and legal standards of behaviour in all relationships.
• Members will not denigrate its competitors or its competitors’ services;
• Members will not denigrate any persons employed by competitors;
• Members will not attempt to gain competitive advantage through the use of personal attacks on competitors.

Behaviour towards the public:

• SATiBA Members will be governed at all times by the laws of South Africa;
• Members will strongly support voluntary tissue donation. Members will support public education and informed consent to encourage informed decisions and provide information regarding donation and transplant options.
• Members will respect the decisions of donors and the family of deceased donors.
• Members will recover cells and tissue in a manner that respects the expectation they will be used as indicated by the consent documentation.
• Members will treat and distribute tissue in ways that maximize usefulness to the patient community and avoid distributing tissue in a discriminatory manner.
• Members will seek the cooperation of health care professionals in donation and recovery activities in a manner that will not diminish public confidence in donation.
• Members, in all marketing and advertising campaigns, will not engage in misleading or deceptive advertising of any kind.
• Members will consider carefully the public perception of the advertising and avoid terms that cheapen the concept of the “gift of life”.
• Members will carefully consider the impact of their advertising on public confidence in tissue banking.
• Members will be truthful, provide accurate information, and avoid unfounded or misleading statements.
• Members will emphasize community support for, and avoid advertisements that undermine community support of, tissue donation.

The above principles will govern the members commercial and ethical behaviour at all times. The Member commits itself to these principles as an expression of its professional good faith, its belief in a healthy competitive environment and in acknowledgement of its corporate and ethical social responsibility.

CODE OF COMPETITIVE PRACTICE

SATiBA believes that the continuation of competition is vital for the correct functioning of a free enterprise economy, encouraging enterprise, efficiency, quality and choice. The oppression of competition whether by public regulation, or through private initiative, is detrimental to public interest.

SATiBA is aware of the fact that a paradox may arise, in the everyday conduct of business affairs, whereby the goal of striving for greater market share, may simultaneously be viewed as anti-competitive behaviour as the effect of such action is to weaken the market power of competitors. In acknowledgment of this paradox, the Member declares that its actions, at all times, will be aimed at winning market share through superior product and service performance and not through direct attacks on the opposition.

While the Members reserve the right to engage in vigorous competition with opposition companies, and to respond to any challenges posed by them, the Members undertake to avoid any business practices where the intention is to lessen competition to the detriment of patients.

Members will not participate in price fixing, market sharing or collusive tendering with any members or organisations.