Sunday, March 27, 2011

MDC’s code of ethics and values

Preamble
 Article 3 of the MDC Constitution captures the values of the Party; of solidarity, justice, equality, liberty, freedom, transparency, humble and obedient leadership and accountability as its core founding values,

Further, the Movement seeks to pursue the values of social liberation, social justice and democratic empowerment and the transformation of Zimbabwe
Pursuant to the above values, the movement has come up with a code of conduct
The Party now adopts this code
SECTION 1
1)    Title
This code may be cited as the Movement for Democratic Change Code of Conduct 2010, hereinafter referred to as The Real Change Code of Ethics and Values.
2)    Application
This code shall apply to all elected, appointed or deployed officials of the Movement for Democratic Change serving in the Party, Government, local authorities, any institution receiving public funds, parastatals, voluntary associations and any other public or private body howsoever defined.

3)    Objectives of the Real Change Code of Conduct.

3.1.0.    To regulate the conduct of all officials holding public positions.

3.1.1.    To set and determine standards for elected, appointed and deployed officials holding office.

3.1.2.    To make all officials of the MDC accountable to certain ethical and moral standards  of excellence that recognizes  values of the Party and the interests of the public to be at the centre of their conduct and operations.
3.1.3.    To maintain public confidence and trust in the integrity of elected or appointed or representatives officials of the MDC individually and the respect and confidence that society places on our offices as their institutions.

3.1.4.    To provide a legitimate and transparent measurement and yardstick for the evaluation of all elected, appointed or representatives of the MDC.

3.1.5.    To provide for greater certainty and guidance for elected, appointed, deployed or representatives of the MDC in how to reconcile their private life with their public duties in pursuit of excellence.

3.1.6.    To foster consensus among elected officials of the MDC by establishing common rules and by providing the means by which questions relating to proper conduct maybe answered.

  SECTION 2

4)    Principles
All elected, appointed, deployed or representatives of the MDC are expected to uphold the following principles.
4.1.0.    Upholding the MDC Constitution.
MDC elected, appointed, deployed or representatives of the MDC shall uphold the Constitution of the Party and be loyal to the values, aims and objects of the same so as to maintain and enhance public confidence and trust in the integrity of the Party and offices that they hold.
4.1.1.    Public Scrutiny.
 MDC elected, appointed or deployed officials shall perform their official duties and arrange their private affairs in a manner that allows the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.

4.1.2.    Independence.
MDC elected, appointed or deployed officials shall take care to avoid placing themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their duties. Particular vigilance should be exercised when dealing with paid lobbyists.

4.1.3.    Primacy of the Public interest.
Upon election, appointment or deployment to office, MDC officials shall arrange their private affairs so that foreseeable real or apparent conflicts of interests may be prevented from arising, but if a conflict does arise, it shall   be resolved in a manner that protects the interests of the public.

4.1.4.    Gifts and Personal Benefits.
MDC elected, appointed, deployed or representatives of the MDC shall not accept any gift on behalf of the MDC that may reasonably be seen to compromise their personal judgment or integrity.

4.1.5.    Respect for the law and the Party
MDC elected, appointed or deployed officials shall be bound by the provisions of Article 4 of the Prevention of Corruption Act read with the necessary modifications.

4.1.6.    Objectivity
In carrying out public business, including making public appointments, awarding contracts, or anything with commercial interests, recommending individuals for rewards or benefits, MDC elected, appointed, deployed or representatives officials shall make choices on merit.
4.1.7.    Leadership.  
MDC elected, appointed or deployed officials shall promote and sustain these principles by leadership and by example.

5.1.0    The Real Change Code.

5.1.1     Disclosure
All MDC public officials shall at by the 13th of January of each year deposit with a known Legal Firm a list of immovable property, movable property, liabilities in and outside Zimabawe.
6.1.2.     Disclosure of conflict of interest.
a)    MDC elected officials shall take all reasonable steps to declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their duties and all the boards and organizations for which they sit.

b)    A conflict of interest does not exist where an official is only affected as a member of the public or a member of a broad class.
6.1.3 Transitional Clause
Within 30 days of the adoption of the Real Change Code by the National Council, all MDC appointed, deployed or elected officials must deposit with the legal firm defined in Section 2.6.1.1 a record of items defined in the same.
6.1.4. Bribery.
MDC elected, appointed  deployed or representatives of the MDC shall not promote any matter, vote on any bill or resolution, or ask any questions in return for a payment or any other financial benefit.
6.1.5. Gifts
(a)  MDC elected, appointed or deployed officials must declare all gifts and benefits of a value above $US50 received in connection with their official duties, in accordance with the requirements for the disclosure of pecuniary interests.

(b)  MDC elected officials must not accept gifts that may pose a conflict of interest or which might give the appearance of an attempt to corruptly influence the member in the exercise of his or her duties.
6.1.6. Use of Public Resources.
 MDC elected, appointed or deployed officials must use the public resources to which they are granted access according to any guidelines or rules about the use of those resources.
6.1.7     Use of confidential information
MDC elected, appointed or deployed officials must not knowingly and improperly use official information which is not in the public domain, or information obtained in confidence in the course of their official duties, for the private benefit of themselves or others.
SECTION .3
6.1.0 To the extent that that MDC has a clear position on land and conservancies or commercial interests, it shall be a breach of this code if any elected, deployed or appointed member of the Party should acquire any land or conservancy in a manner which is inconsistent with the position of the Party.
6.1.1 Disciplinary procedures.
All disciplinary cases and procedures shall be dealt with in terms of the Constitution provided that, notwithstanding any provision in the Constitution, the Party shall have the right to suspend or dismiss any official in breach of this Real Change Code after due process has been followed.
6.1.2.     Enforcement mechanisms.
6.1.3 Schedule of offences
Schedule 1 (Very serious offenses)
a)    Receipt or acquisition of assets in breach of the position of the Party.
b)    Fraud
c)    Extortion.
d)    Corruption.
e)    Bribery.
f)    Nepotism.
g)    Failure to disclose conflict of interest.
h)    Theft.
i)    Rape.
j)    Factionalism
k)    Malicious gossiping.
l)    Use of abusive language.
m)    Murder.
n)    Violence.
o)    Tribalism and racism.
p)    Failure to disclose assets fully.
q)    Sexual harassment.
r)    Domestic violence.
s)    If one is convicted and sentenced to a period of more than 6 months without the option of a fine by a competent court.

Schedule 2 (moderate offenses)
a)    Violence
b)    Threat of physical harm.

Schedule 3 (Light offences)

a)    Unbecoming behavior in public.
b)    Drunken driving.
c)    Loan sharking

Declaration
I…………………………………………………………………………………………................, the elected members of the Movement for Democratic Change, individually  agree to abide by the principles, rules and obligations of this Code of Conduct.


(Signed)…

Full name ……………………………………………… Signature ……………………………………….
Date …………………………………………

Witness (on behalf of the Party)…………………………………… Signature ……………………...

Date ……………………………………………

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