Group Code of ConductLast published: 14 April 2023
Our ValuesOur code of conduct goes beyond the necessary industry standard guiding principles by creating internal and external awareness of our business and personal values amongst our employees, management and business partners. The following values from our core business values underpin our Group Code of Conduct:
Accountability: We hold ourselves and others in the industry to good practice, we strive for competence and consistency.
Integrity: We pride ourselves on clean and transparent business practices.
Meaning: We are not just profit-orientated, we are purpose-driven and conduct reflects this principle.
Employee code of conductEmployees are required to treat client’s and personnel with respect and dignity and to act in a manner consistent to Cometa’s disciplinary code and core values;Employees are required to adhere to a strict but fair Disciplinary Code of Conduct as stipulated in each employment contract, which they have read, understood and signed;Employees are required to disclose any previous criminal offences, convictions or disciplinary procedures held against them;Employees are responsible to act in a manner that exhibits a duty of care and responsibility by reporting any incidents of child labour, forced labour or any other acts reasonably believed to be in contravention of the Modern Slavery Act 2015, as set out under the relevant legislation in “Annexure A”;Employees are prohibited from carrying out any activities, conduct or behaviour that is or may reasonably be believed or considered to be insider trading. Insider trading is the buying, selling or relaying confidential information, obtained in the course of the employee’s employment, to external parties (ie. family, friends, competitors).Permitting that –
Written or verbal permission contained in the disclosure must be obtained by the board of directors;
No such disclosure will adversely affect the company’s interests in any manner, nor amount to a conflict of interest;
No such disclosure will transgress or violate any rule of law in South Africa; or cantonal Geneva (noting that in some jurisdictions it is a criminal offence to buy, sell or otherwise deal in relevant securities while you have inside information.)
Employees must actively ensure confidential data or information from clients and their associates is not disclosed to any other party, unless otherwise permitted by law or regulation. This does not include information or knowledge that can reasonably be assumed to be freely available in the public domain. Employees must adhere to the Confidentiality clause in their contract as Cometa protects its client’s confidentiality.Employees shall not engage in acts of corruption and bribery.Employees shall not make any payments, as either direct or indirect payments in the nature of a bribe or payoff to secure or maintain business, or for any other purpose, to any person or organisation, including to any government official or employee, or to the representatives of any customer, supplier or competitor.Employees shall not pay a facilitation payment in any jurisdiction, as such activities can carry personal fines and corporate penalties.Employees shall ensure that all payments to third parties will only be made for services or products properly provided.Employees must comply with Cometa’s ESG Standards and in return we expect them to hold us accountable, by following our internal due process and accountability procedures.Workplace Equality, Diversity and InclusionCometa is an Equal Opportunity Employer as it develops and promotes hiring based on merit and we do not tolerate any form of unlawful discrimination. Unlawful discrimination against a person based on personal attributes unrelated to job performance, such as race, gender identity, sexual orientation, intersex status, physical or mental disability, relationship status, religion, political opinion, pregnancy, breastfeeding or family responsibilities is prohibited.We strive to be inclusive, collaborative and supportive and treat employees fairly and with respect. We consider the relevant cultural nuances and demonstrate respect when working with colleagues from diverse cultural backgrounds.We are working and striving towards full BBBEE certification across the group.We employ all relevant equality, inclusivity and diversity sections of the Basic Conditions of Employment Act 1997 (last amended in 2018) and the Labour Relations Act, 1995.Sexual Harassment, Bullying and Discrimination:A zero tolerance policy is enforced where there is a claim of sexual harassment and bullying or discrimination of any kind that claim is substantiated by an internal investigation following due process as stipulated in theamended sections of the Labour Relations Act, as per “Annexure A”. The sanctions are severe and any employee charged with this form of conduct will face an automatic disciplinary procedure as outlined in the Disciplinary Code of Conduct.Sexual harassment is an unwelcome sexual advance, unwelcome for sexual favours or other unwelcome conduct of a sexual nature, which may make a person feel offended, humiliated intimidated. may include unwelcome touching, suggestive insults of a sexual nature, sensual acts of a sexual nature, or sending sexually explicit emails or messages. The impact of the action or behaviour on the recipient, not the intent, is considered when determining whether the action or behaviour is harassment. Sexual harassment is not always obvious, repeated or continuous. Whilst bullying is characterised by repeated behaviour, sexual harassment can be a on o incident. Workplace equality and inclusion Bullying is repeated unreasonable behaviour directed towards a worker (or group of workers) that creates a risk to health and safety. Unreasonable behaviour is behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating, offensive or threatening.Suppliers code of conductSuppliers who provide Cometa with either goods or services are expected to operate with the same degree and duty of care and respect for the rule of law, business ethics and human rights, as we employ in our own business. Suppliers are not authorised to engage in bribery or corruption on our behalf or otherwise. To manage our bribery and corruption exposure associated with our business partners, Cometa strives to implement a range of controls and processes including screening, due diligence and monitoring, using a risk-based approach.Cometa employs additional controls for suppliers located in high-risk areas or any suppliers we enter into joint ventures with partners, lobbyists, consultants or advisers interacting with public officials on our behalf. We conduct a detailed risk-based assessment prior to entering into these types of relationships, to enable us to identify, assess and mitigate the corruption risk presented by the engagements. Where appropriate, we also conduct ongoing monitoring, regular reporting and in the case of non-compliance request relevant documentation and site visits from time to time.Suppliers must:
Be VAT Registered and tax compliant, please refer to our ESG Standards on our tax policies;
Supply information necessary for Cometa or its customers to comply with laws and regulations regarding the composition and quality of the product supplied. Suppliers shall reasonably cooperate with to provide such requested information in a timely manner and reasonable format;
Comply with industry acceptable domestic and international health and safety standards including but not limited to: controlling hazards, providing clean, safe facilities, providing the appropriate protective equipment.
Comply with the relevant legislation pertaining to the South African coal mining industry as listed in “Annexure A”;
Act in a manner consistent with Cometa’s ESG Standards;
Not engage in any act that may constitute a contravention of the Modern Slavery Act 2015 (and its amendments) or commit any act that may contravene the child labour protections as set out in both domestic and international labour laws;
Meet and comply with Cometa’s quality specifications, regular inspections, product testing and transport standards (such as cargo seals, vehicle maintenance, cargo tracking etc.)
Port partner code of conductWe value who we partner with at port. Port Partners are therefore expected to operate with the same degree and duty of care and respect for the rule of law, business ethics and human rights, as we employ in our own business-Port Partners are not authorised to engage in bribery or corruption on our behalf or otherwise. To manage our bribery and corruption exposure associated with our business partners, Cometa strives to implement a range of controls and processes including screening, due diligence and monitoring, using a risk-based approach.Cometa employs additional controls for Port Partners who we enter into joint ventures with as partners or lobbyists, consultants or advisers interacting with public officials on our behalf. We conduct a detailed risk-based assessment prior to entering into these types of relationships, to enable us to identify, assess and mitigate the corruption risk presented by the engagements. Where appropriate, we also conduct ongoing monitoring, regular reporting and in the case of non-compliance request relevant documentation and port allocation and/or storage facility visits from time to time.Port partners must:
Be VAT Registered and tax compliant, please refer to our ESG Standards on our tax policies;
Transnet Port Terminal regulations and all local port terminal regulations;
Supply information necessary for Cometa or its customers to comply with laws and regulations regarding the composition and quality of the product supplied. Port Partners shall reasonably cooperate with to provide such requested information in a timely manner and reasonable format;
Comply with industry acceptable domestic and international health and safety standards including but not limited to: controlling hazards, providing clean, safe facilities, providing the appropriate protective equipment;
Comply with the relevant legislation pertaining to export and customs as listed under “Annexure A”;
Not engage in any act that may constitute a contravention of the Modern Slavery Act 2015 (and its amendments) or commit any act that may contravene the child labour protections as set out in both domestic and international labour laws;
Act in a manner consistent with Cometa’s ESG Standards.
Business Ethics, Human Rights and Anti-Modern SlaveryBusiness EthicsCometa strives to operate on a risk-based Know Your Counterparty and Customer practice to manage our bribery and corruption exposure to any external business partners, we will implement a range of controls and processes including screening, due diligence and monitoring,using a risk-based approach. Please refer to our policies on anti-money laundering, anti-bribery and anti-corruption, which we expect our Suppliers and Port Partners to comply with in order to maintain a successful business relationship with Cometa.Human Rights and Anti-Modern Slavery Safeguarding human rights across Cometa’s entire supply chain is critical to the sustainability of our business. Cometa is committed to upholding international and domestic human rights principles and standards. Through our ESG Committee’s implementation of human rights standards we strive to ensure the realisation and respect for universally accepted human rights principles, for our employees and the community we work with. These rights extend but are not limited to: freedom, equality, human dignity, safety and security.Cometa explicitly prohibits child labour, forced labour and any form of modern slavery, in line with the UK Modern Slavery Act 2015 and sections 43, 44, 46, 48 of the Basic Conditions of Employment Act 1997 (last amended in 2018) Regulations on Hazardous Work by Children in South Africa No. 32862. Cometa and its employees acknowledge its duty and responsibility to report any such related incidents to the ESG Committee and local authorities should Cometa or its employees become aware of such incidents or reasonably believe that such incidents are taking place.Cometa explicitly prohibits working conditions that amount to any form of forced labour, debt bondage/slavery and keeps a proper record of its employees, including their immigration or work status, their age and other personal information protected by our privacy and personal data policy. Cometa mitigates its environmental and social impact on communities through appropriate community engagement aligned with the relevant and applicable domestic laws. Please see further our Environmental policies.Cometa does not operate in areas of conflict and therefore no ancillary conflict regulations and compliance apply. Cometa reduces its risk of operating with contractors in areas of conflict.Operational IntegrityCometa maintains operational integrity throughout its supply chain by putting in place regular review mechanisms, as we grow, we envision adopting external review mechanisms were appropriate, in addition to the external mechanisms we already have in place as required by law. Cometa maintains its operational integrity through the enforcement and implementation of its Company Code of Conduct, which provides a wide range of directives. We refer you to our various ESG Standards for further detail on how Cometa enforces and implements its Company Code of Conduct process, procedures and controls. Environmental, Mining and Labour
Constitution of the Republic of South Africa, 1996 (where applicable);
Mine Health and Safety Act, 1996 (MHSA);
Mining Titles Registration Act, 1967; and
Mineral and Petroleum Resources Royalty Act, 2008 (Royalty Act);
Spatial Planning and Land Use Management Act, 2013;
Minerals Act, 1991 (where applicable)
Carbon Tax Act, 2019 (where applicable)
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter) (being the third iteration of this document), which regulates black economic empowerment (BEE) in the South African mining industry, was published on 27 September 2018.
National Water Act, 1998;
Labour Relations Act, 1995;
National Environmental Management Act, 1998;
National Environmental Management: Air Quality Act, 2004;
National Environmental Management: Waste Act, 2008;
relevant provincial and local government legislation, such as municipal by-laws.
Basic Conditions of Employment Act 1997 (last amended in 2018).
International Protocols and Conventions The below international conventions, protocols, international and domestic legislation serves to provide the basis for all Cometa’s Governance policies concerned: Organisation for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax AdministrationsData and Privacy: