The Role Played by the Health Professions of South Africa ...

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

The Role Played by the Health Professions of South
Africa (HPCSA) Ethical Code of Conduct and the
Employment Equity Act (EEA) in Regulating

Professional, Legal and Ethical Conduct of Psychologists
in South Africa

Hillary Tomu

Department of Industrial Psychology, University of Fort Hare, King William’s Town Road, P.Bag,
X1314, Alice, 5700, South Africa
E-mail: [email protected]

Abstract

Unethical form of behaviour by Psychologists has of recent increased due to ignorance and a
weak regulation system. Many forms of unethical behaviour by Psychologists have been
brought to the attention of Board of Psychology recently. The Health Professions Council of
South Africa is tasked with the duty of ensuring that Psychologists adhere to the highest
standard of ethical and professional best practices. An ethical code of conduct for Psychologists
was introduced in order to guide Psychologists in their professional and scientific duties.
Furthermore, to ensure that the use of psychometric assessments is regulated by law, an
Employment Equity Act was introduced. The main purpose of the Act is to ensure that
psychometric tests used and interpreted by Psychologists, are applied fairly to all groups and
are used in an unbiased manner resulting in valid and reliable outcomes. Therefore, the paper
seeks to determine the role played by the Health Professions of South Africa (HPCSA) Ethical
Code of Conduct and the Employment Equity Act (EEA) in regulating professional, legal and
ethical conduct for Psychologists in South Africa.

Keywords: HPCSA Ethical Code of Conduct. Employment Equity Act. Professional, Legal and
Ethical Conduct. Psychologists

Introduction

A psychologist shall develop, maintain and encourage high standards of professional
competence to ensure that clients are protected from professional practises that fall short of
international best practises. Furthermore, a psychologist shall be accountable for professional
actions in all domains in his or her professional life (Health Professions Act, 1974). A
Psychologist is a trained professional whose professional actions are regulated and controlled
by the Healthy Professions Council of South Africa (HPCSA) Ethics Code of Conduct and the
Employment Equity Act (EEA). The HPCSA code of conduct and the EEA work together in
regulating the ethical conduct of a psychologist.

59 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

The HPCSA Code of conduct complements the professional codes and laws regulating test use
and employment conditions, and it assumes that tests being used are compliant with it. The
primary South African legislation governing occupational assessment is the Employment Equity
Act (EEA) (no. 55 of 1998), which has the dual objective of ensuring that only valid and reliable
assessments are used and that assessments are used in a fair manner that is free from bias
(Society for Industrial and Organisational Psychology of South Africa (SIOPSA) 2006). By
adhering to the ethics code and the EEA, it ensures that psychologists conduct their
professional and scientific duties in an ethical manner.

Psychologists make use of psychometric tests/assessments measures that tap the psychological
characteristics of individuals with the main purpose of making decisions about people.
Therefore assessment measures are valuable tools that aid decision making. This calls for a
Psychologist who has received enough training to use the Psychological tests in a proper and
responsible manner. According to Foxcroft and Roodt (2009), the item content of some
psychological assessment measures might tap into very personal information. This might cause
psychological trauma to the individual being assessed if a professionally trained and caring
professional in the form of a psychologist is not at hand to work through any traumatic reaction
during the course of the assessment. The HPCSA ethics code therefore endorses that only
appropriately trained professionals must control and use psychological tests.

According to the HPCSA ethics code of conduct (2006), a psychologist must maintain up to date
competency in his or her areas of practise through continued professional development,
consultation and other procedures in conformity with current standards. To achieve these
outcomes it is assumed that the Psychologist has the necessary competence including
knowledge and understanding of psychological tests and other assessment procedures that
inform and underpin this (SIOPSA) 2006). Such knowledge will ensure that psychometric tests
are conducted appropriately, professionally and ethically, with due regard to the needs, dignity,
rights of individuals involved in testing, and the reasons for the assessment.

The HPCSA ethics code and the EEA play a big role in psychometric assessment because it
guides and directs an assessment practitioner’s/Psychologist daily professional activities. The
provisions of the EEA and the code should be internalised and become part of practice for
Psychologists. Organisations that use assessment/psychological tools should formulate policies
that are guided by the EEA and the ethics code. Failure to abide by the EEA and the code is a
violation of legal and ethical rules respectively. Since the EEA and the code have a big role in
regulating the ethical conduct of Psychologists, it should therefore be applied in all assessment
activities all the time. The code and the EEA not only guide and regulate psychologists conduct,
but also directs all assessment practitioners, intern psychologist and other users of
psychological tests under the supervision of psychologists to practise and conduct assessment
in a fair and unbiased way.

60 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

Employment Equity Act (EEA)

Since the apartheid era, the South African labour legislation has entered a new transition. The
need for psychometric assessments that are valid, reliable, fair and unbiased towards any group
saw the introduction of the Employment Equity Act. According to Eckstein (1998), the
Employment Equity Act highlights the importance of the validation of any instruments to be
used for assessment and selection purposes. This idea is further supported by the HPCSA ethics
code which states that, “Psychologists who performs interventions or administers, score,
interpret or use assessment methods shall be familiar with the reliability, validation and related
standardisation or outcome studies and proper applications and uses of the methods they use
and recognise limits to the certainty with which diagnoses, findings or predictions can be made
about individuals, especially where linguistic, cultural and socio-economic variance exists.

According to Roodt (1998), one of the purposes of the Act is to ensure that psychometric tests
are used in an un-biased manner, resulting in fairness. According to the Employment Equity Act
No 55 (1998), Psychometric testing and other similar assessments of an employee are
prohibited unless the test or assessment being used;

 Has been scientifically shown to be valid and reliable.
 Can be applied fairly to employees.
 Is not biased against an employee or group.

Apparently it is compulsory for psychologists to use assessment tools/tests in line with the
provisions of the EEA. It is important to remember that a measure is only valid for the particular
purpose for which it was designed. When a measure is used in a different way, the validity must
be determined for the context in which it is to be used (Foxcroft and Roodt, 2009). For instance
the Differential Aptitude test (DAT L) was designed to measure the ability of Grade 12 learners.
It suits very well with adults who passed grade 12 and who are within the normal range of
intellectual functioning. However, if it is used to measure the ability level of pupils in grade 9,
the results are invalid. When interpreting assessment results, it is important to establish the
construct validity of the measure for a particular purpose, otherwise the results may be invalid
(Foxcroft and Roodt, 2009).

The Employment Equity Act (EEA) further provides a platform for promoting equal
opportunities in the workplace by eliminating unfair discrimination. Psychologists form part of
the workforce and they use psychological tests in recruitment and selection, organisational
development, training and development. The EEA calls for Psychologist not to discriminate
against an employee in any form of employment practise. According to the EEA, no person may
unfairly discriminate, directly or indirectly, against an employee, in any employment policy or
practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family
responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV
status, conscience, belief, political opinion, culture, language and birth. However, the EEA
accepts discrimination in certain circumstances. It is permissible to discriminate with the main

61 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

purpose of promoting affirmative action amongst previously disadvantaged employees such as
blacks, women coloureds and to a lesser extend Indians. In addition it is not illegal to
distinguish, exclude and prefer any person on the basis of an inherent requirement of a job.

Depending on the type and nature of the job, some organisations require candidates to go
through the process of medical and HIV testing. However, Medical and HIV testing of an
employee is prohibited by the EEA. Medical testing can only be carried out if the testing is
permitted by the legislation. Furthermore, testing can be done when it is justifiable in the light
of medical facts, employment conditions, social policy and the fair distribution of employee
benefits or the inherent requirements of the job. The EEA further prohibits HIV testing of any
employee. The testing of any employee to determine HIV status is prohibited unless such
testing is determined justifiable by the Labour court. The Code of Good Practise on HIV/AIDS
(2000) asserts that HIV/AIDS is still a disease surrounded by ignorance, prejudice, discrimination
and stigma. In the workplace unfair discrimination against people living with HIV and AIDS has
been perpetuated through practises such as pre-employment HIV testing, dismissals for being
HIV positive and the denial of employment benefits. Psychologists as professionals, who are
responsible for employees’ welfare, employee selection, determination of an employee’s
suitability for employment and promotion, should always abide to the provisions of the EEA on
medical and HIV testing.

A case law of Hoffmann vs SA Airways provides a dimension on the issue of HIV testing in the
workplace. Hoffmann had undergone a blood test as part of pre-employment testing and it had
shown that he was HIV positive. As a result, the medical report read that Hoffmann was “H.I.V.
positive” and therefore “unsuitable” for employment. The Court stated that people living with
HIV constituted a minority in our society. Society had, however, responded to their plight with
intense prejudice and had subjected them to systemic disadvantage and discrimination.

People living with HIV/AIDS were one of the most vulnerable groups in society. The Court
opined that in view of the prevailing prejudice against HIV positive people, any discrimination
against them could be interpreted as a fresh instance of stigmatisation and it considered that to
be an assault on their dignity. The impact of discrimination on HIV positive people was
devastating especially in the context of employment. It denied them the right to earn a living.
This led to the Court stressing that HIV positive employees enjoyed special protection in law.
Hoffmann was discriminated against because of his HIV status.

Psychologists and the Scope of Practice

There are five categories of registration in psychology for Psychologists. These are Clinical
Psychologists, Counselling Psychologists, Educational Psychologists, Industrial Psychologists and
Research Psychologists (Foxcroft, Paterson, Le Roux & Herbst, 2004). The above mentioned
categories have boundaries which limits their duties in relation to area of specialisation by each
category. A psychologist shall limit his or her practice to areas within the boundaries of his or
her competency based on his or her formal education, training, supervised experience and or
appropriate professional expirience(HPCSA Ethics Code of Conduct, 2006).

62 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

The Minister of Health has, under section 61 read with section 33 of the Health Professions Act,
1974 (Act No. 56 of 1974) and after consultation with the Health Professions Council of South
Africa, made the regulations concerning the scope of practice. The roles and area of focus for
each category has been defined. The first category of Clinical Psychologists assesses, diagnose
and intervene in order to alleviate or contain relatively serious forms of psychological distress
and psychopathology or what is commonly refered to as abnormal behaviour.

On the other hand, Counselling Psychologists assist relatively well-adjusted people in dealing
with normal problems of life concerning all stages and aspects of a person’s existence in order
to facilitate desirable psychological adjustment, growth and maturity.

The scope of practice further distinguishes the role of Educational Psychologists as performing
different functions as compared to other categories of psychology. Educational Psychologists
are responsible for assessing, diagnosing and intervening in order to facilitate the psychological
adjustment and development of children and adolescents within the context of family, school,
social or peer groups and communities. Psychologists in this category are more concerned with
children learning and development and they aim to bring about positive change for children.

Industrial Psychologists apply the principles of psychology to issues related to the work
situation of relatively well-adjusted adults in order to optimise individual, group and
organisational well-being and effectiveness. They focus on such issues as stress management,
organisational diagnosis and development, training, research and development, team work,
team building, group cohesiveness, solving of conflicts in the workplace with the main purpose
of boosting morale and improving overall organisational performance.

The last category of Research Psychologists addresses the Clinical, Counselling, Educational and
Industrial Psychology categories, not to render services to the public in that field, but to apply
research methods and techniques in order to contribute to the knowledge base of that
particular field.

Having the knowledge of the above categories, Psychologists are expected to practice their
profession within the boundaries of their competency. Boundary crossing is in itself a violation
of the code of ethics. For instance, it is unethical for an Industrial Psychologist to diagnose and
treat a patient suffering from catatonic schizophrenia. Schizophrenia is a mental disorder which
is relatively serious in nature and requires the services of a Clinical Psychologist. Industrial
Psychologists should focus their attention on problems facing individuals in the work context
such as stress and poor work performance. They should thrive to identify causes of poor
employee and organisational performance and recommend or implement solutions.

Ethics in Forensic Psychology

The involvement of psychologists as expert witnesses in legal proceedings has increased
steadily since psychologists first entered the courtroom about a century ago (Gudjonsson,

63 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

1991). Psychologist can be called in the court or any legal proceedings to give an expert
opinion. The court can subpoena a psychologist to stand in court to give evidence as an expert
witness.

A Psychologist can give evidence on many issues. Gudjonsson (1995) provides a number of
issues in which a Psychologist can be called to give evidence. These are questions about mental
state, psychological and/or social functioning, neuropsychological functioning, personality,
witness reliability, interrogative suggestibility and disputed confessions, malingering,
competence to stand trial, moral development and reasoning, post-traumatic stress disorder,
attitudes of offenders to their crime, sexual problems, anger problems and deception.
Furthermore, Psychologist may be called to give evidence concerning loss of earnings after an
individual has been involved in an accident.

The role of a psychologist as expert witness when called by the court is compulsory.
Additionally, a court order or any legislative requirement takes precedence over any other
obligations of a Psychologist. According to the HPCSA ethics code (2006), if a Psychologist
ethical responsibility conflict with the law or other legal authority, such Psychologist shall make
known his or her commitment to the ethical rules and take steps to resolve the conflict.
However, if the conflict referred above is unresolved via such means, a psychologist may
adhere to the requirements of the law or other legal authority. For instance if a psychologist is
required by the ethics code not to disclose confidential information about a client to anyone,
he/she is obliged not to disclose such information. However, if the information is required by
the court of law, the Psychologist concerned must disclose the information so required.
Furthermore, if a Psychologist is called to give evidence in court, he/she must leave all other
activities and give first preference to the court order.

According to Hess & Weiner (1999), Psychologists who serve as expert witnesses should strive
for objectivity and high scientific standards in order to ensure the credibility of their evidence.
Honesty, consistency and professional competency are the best policies when serving as an
expert witness. Regardless of expertise and experience, the psychologist acting as an expert
witness should prepare thoroughly and comprehensively before giving evidence in court
(Brodsky, Caputo & Domino, 2002).

The HPCSA Code of Ethics (2006), further states that a Psychologist shall testify truthfully,
honestly, candidly and consistently with applicable legal procedures and describe fairly the
basis for their testimony and conclusions in Psycho-legal testimony and reports. Moreover,
when a Psychologist is required by a court to appear as a fact witness, such Psychologist is
legally obliged to present evidence. However, a Psychologist may declare his or her reluctance
to appear as a fact witness by appearing as a witness under protest. Irrespective of whether a
psychologist appears as a witness under protest or not, such Psychologist shall serve as a
truthful and fully disclosing witness (HPCSA Code of Ethics, 2006). Therefore Psychologist as
experts in the forensic field should be trusted in their testimonies and should thrive to be as
truthful as much as possible.

64 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

Psychometric Assessment, Selection And Ethics

Psychologists use psychological tests as an integral part of their assessments. Psychological
assessments form the core function for Psychologists. They use psychometric testing for a
variety of purpose. Foxcroft & Roodt (2009) posits that psychometric assessments can help to
identify strengths and weaknesses, map development or progress, make decisions regarding
suitability for a job or a field of study, identify training and education needs and assist in a
diagnosis.

In selection, psychometric tests are useful in predicting future job performance of candidates
and their learning and developmental capabilities. However, this applies if they are used in a
responsible manner. This view is supported by Owen and Taljaard (1996), who argues that
psychometric tests can contribute to the efficiency of selection and placement in industry, if
used carefully and responsibly. In order to achieve this, Pope, Butcher, Seelen (2000)
recommend that psychometric tests should only be employed if the psychologist has sufficient
expertise and up-to-date training in its application.

Furthermore, Psychologists should be aware and familiar with the reliability, validation and
proper applications and uses of the methods they use according to the HPCSA Code of Ethics
(2006). In addition, Psychologists should ensure that psychometric tests are applied fairly to all
candidates without biasing any group for it is unethical to use tests that are invalid and
unreliable. For example an intelligent test that has been developed in the United States for the
American population is only valid for that particular group. However, if it is used to measure
intelligent level for the South African population, it becomes invalid.

It is also unethical for a Psychologist to use tests that are outdated and obsolete for its current
use. According to the HPCSA Code of ethics (2006), a psychologist shall not base his or her
assessment or intervention decision or recommendation on data or test results that are
outdated for the current purpose; or such a decision or recommendation on tests and
measures that are obsolete and not useful for the current purpose, but shall ensure that tests
used have been classified by the board and that other laws, such as the Employment Equity Act,
1998 (Act No. 55 of 1998) have been complied with. Moreover, Psychologists should always
maintain up to date competencies in their areas of practice through continuing professional
development and consultation (HPCSA Code of Ethics, 2006).

Conclusion

The paper was an evaluation of the role played by the HPCSA code of ethics and the
Employment Equity Act in ensuring that Psychologists adhere to their ethical and legal
principles. The discussion centred on the Employment Equity Act and the Ethics Code in order
to provide an awareness on ethics and legal principles to Psychologists. The boundaries of the
scope of practice for Psychologists were demarcated. Since Psychologists will be called to give
evidence in court, an overview of ethics in forensic psychology was highlighted. The discussion
was closed by looking at the ethics in psychometric assessment and selection.

65 www.hrmars.com

International Journal of Academic Research in Economics and Management Sciences
January 2013, Vol. 2, No. 1
ISSN: 2226-3624

Reference

Brodsky, S.L., Caputo, A.A. & Domino, M.L. (2002). The mental health professional in
Court: Leagla issues, research foundations, and effective testimony. In B. van Dorsten (Ed.),
Forensic psychology: From classroom to courtroom (pp. 17-33). New York: Kluwer
Academic/Plenum Publishers.

Code of good practice on key aspects of HIV/AIDS and employment (2000). Employment
Equity Act. (1998). No. 55. Department of Labour, RSA.

Eckstein, S. (1998). Testing Times. People Dynamics, 17(6), 54-55. Employment Equity Act.
(1998). No.55. Republic of South Africa.

Employment Equity Act, No 55, 1998. Republic of South Africa.
Foxcroft, C.D. & Roodt, G. (Eds.) (2009). An introduction to psychological assessment in
the South African context. Cape Town: Oxford University Press.
Foxcroft, C.D., Paterson, H., Le Roux, N., & Herbst, D. (2004). Psychological assessment in
South Africa: a needs analysis. Pretoria: Human Science Research Council.
Gudjonsson, G. (1991). The trial of psychiatry: Insanity in the twentieth century. In K.
Herbst & J. Gunn (Eds.), Mentally disordered offender. Oxford: Butterworth Heinemann.
Gudjonsson, G. (1995). Psychology and assessment. In D. Carson & R. Bull (Eds.),
Handbook of Psychology in legal contexts (pp. 55-66). Chichester: John Wiley & Sons.
Health Professions Act, Act 56 of 1974, Health Professions Council of South Africa
(HPCSA).
Hess, A.K. & Weiner, I.B. (1999). The Handbook of Forensic Psychology (2nd edition). New
York: John Wiley & Sons.
Hoffmann v South African Airways (2000) 21 ILJ2357 (CC).
Owen, K. & Taljaard, J.J. (1996). Handbook for the use of psychological and scholastic
tests of the HSRC. Pretoria: HSRC.
Pope, K.S., Butcher, J.N. & Seelen, J. (2000). MMPI/MMPI-2/MMPI-A in Court:
Assessment, Testimony, and Cross-Examination for Expert Witnesses and Attorneys (2nd
edition). Washington D.C.: American Psychological Association.
Roodt, G. (1998). Challenges in psychological assessment. People Dynamics, 16(11), 30-
34.
Society for Industrial Psychology (2006). Code of practice for psychological assessment for
the workplace in South Africa. Johannesburg: Society for Industrial Psychology of the
Psychological Society of South Africa.
The Health Professions of South Africa Board for Psychology Ethical Code of Conduct,
2006.

66 www.hrmars.com