Mavambo Proposed Constitution: Comment, Suggest, Discuss

Please feel free to comment on the Constitution Highlights Reproduced Below. Your comments are best put forward through the Comment Form at the bottom of the post, so that we may capture them permanently and they will be looked at by the sub-committe dealing with this matter for incorporation into the Constitution itself. Thanks a lot for your patience and your enthusiasm:

MKD DRAFT CONSTITUTION

CONSTITUTION HIGHLIGHTS

PREAMBLE: This gives the social, political and economic situation in Zimbabwe and hence the need to form a new Party of hope. The hope is expressed that Zimbabwe shall derive strength from the sovereignty founded out of the struggle for independence rather than it being the source of its failures.

ARTICLE1:NAME: After discussing the many names put forward at the National Co-ordinating Committee meeting, it was felt that the choice of name should come from the people.

The name should relate to the founding circumstances of the movement and also have strong Zimbabwean roots in the same way as Chama-Chamapinduzi of Tanzania

What name does each Province propose, which name should translate and embody the philosophy, aims and vision of the Party?

ARTICLE 2:PARTY SYMBOL, SLOGANS REGALIA: This is still work in progress by another sub-committee. However we strongly advise that the symbols and colours used in the March elections campaign be adopted as they closely relate to the indigenous name and the character of the new party. Does your Province have other suggestions?
ARTICLE 3: VISION: Our Vision is an inclusive Party that will focus on the turn-around of Zimbabwe. Do you agree?

ARTICLE 4: PHILOSOPHY, VALUES AND PRINCIPLES: Our Mission is to build a national consensus that offers, hope, renewal, national healing and justice and new opportunities to the young generation based on the following principles:-

1 Principles:
Supremacy of the Constitution
Separation of arms of government
Separation of powers and assets between Party and State
Limitation of tenures of office
Affirmative Action for disadvantaged groups and communities
Gender Equality
Separation of religion and State
Avoidance of manipulation of some sections of the population
by others.

What is the view of your Province on the above?


ARTICLE 5: AIMS AND OBJECTIVES: A party that will bring into being a government that is cognisant of the diversity of cultures, languages, religions and respect for the Rule of Law, equal access to the means of production and promotion of the private sector as the engine for National Economy
ARTICLE 6: MISSION : Our Mission is to build a national consensus that offers, hope, renewal, national healing and justice and new opportunities to the young generation

Do the above express the aspirations of the views of your Province?

ARTICLE 7: MEMBERSHIP:
Individual Membership: Open to all Zimbabwean citizens and permanent residents aged 16 and above who have not been convicted of any corrupt practices or are habitual criminals or have a criminal record under the 3rd Schedule of Offences and shall make a declaration to that effect. Membership will therefore incorporate both local and extra-territorial members
Institutional Membership: Organisations that subscribe to the philosophy of the Party shall be accorded affiliate status which will enable them to participate in Party discussions but shall have no voting rights and may not be voted into any positions in the structure of the Party.
It also spells out the Rights and Duties of Membership

Is your Province comfortable with these two types of Membership?


ARTICLES 8 & 9 : GENDER EQUALITY AND INCLUSION OF YOUTH, EMPOWERMENT & AFFIRMATIVE ACTION
The Party shall seek to achieve maximum inclusiveness of all sections of its membership by implementing programmes of affirmative action and reserved quotas for vulnerable sections of its membership.


ARTICLE 10: ORGANS OF THE PARTY: The draft proposes 20 organs of the party through which members can participate in the leadership of the Party.

The Branch shall be the smallest unit and shall be the point of entry for joining the Party with a minimum number of 25. However for most effective participation by members, the branch shall divide itself into cells of not more than 25 members each. Next will be the Ward which shall follow the Delimitation boundaries of the country and so also will the Districts and Provinces of the Party. The Branch and Ward shall comprise an Executive Council but the District, Provincial and National Councils shall have in addition a Management Committee
N.B. PLEASE NOTE THAT BOTH THE WOMEN AND YOUTH LEAGUES are incorporated into the mainstream body of the Constitution..

What is the opinion of your Province?

Party Institute: There shall be a Party Institute which shall act as a Think Tank of the Party and shall be composed of various experts who will devote their expertise for the development of the Party
Council of Elders: There shall also be a Council of Elders who will proffer their wisdom for the benefit of the Party. Members of the Council of Elders shall be drawn from those members whose wisdom and experience will have been accumulated through age and service in the Party.

Shall this Council of Elders be called the Council of Eminent Persons or Senior Advisors Portfolio?

Party Associations: Members of the Party who wish to form Party Associations in areas of specific shared interest and purpose will apply to the National Executive Council for them to form an association within the ambit of the Party. Such Associations will function as autonomous bodies within the overall structure of the Party, of which they will be an integral part, with their own constitutions, rules and regulations, provided that these shall not be in conflict with the Constitution and policies of the Party. They shall be entitled to send two (2) delegates to participate in the proceedings of the National Convention and National Conference but with no voting rights.

Highest Organ: The highest policy- making body shall be the National Convention which shall meet every five years. The constitution provides for National Executive Committee of 21 members which shall be the implementing organ of the National Convention. 15 of these shall comprise the National Management Committee which shall run the day-to-day business of the NEC.

(Note: it is held that 15 is too big for this purpose, and should be reduced to make it more nimble.)

Consultative Organ: There shall be a Consultative body that shall meet every year in between the National Conventions and shall be called the National Conference. 299 delegates shall attend the annual conference drawn from all levels of membership including no-office bearers.

National Elections Directorate: There shall be a National Elections Directorate drawn from Representatives from the ten Provinces which shall be charged with the nominations procedures and conducting elections at the National Convention, National Conferences and all other elections in the Party

Office Bearers: The constitution proposes to limit tenure of office as follows:
· Two terms of five years for all elected posts from provincial level upwards;
· Three terms of three years for such posts in the lower levels.

It is proposed that the four top positions, excepting the President, shall not be available for ministerial appointments, but may be elected into parliament. This is so that the party leadership remains intact even after the Party goes into government.


President
The President is the leader and Chief Spokesperson of the Party and accountable to the National Convention and National Conference for the vision, strategy, actions and omissions of the Party subject to this Constitution.

The constitution limits the term of office of the President to 2x5 years. Should the president lose a general election before the end of his tenure - two schools of thought:
1. he automatically steps down;
2. he faces an ENC where he may lose his position through election.

National Chairperson
It shall be the duty of the National Chairperson to:
chair the National Convention, the Annual National Consultative Conference, National Executive Council and the National Management Committee.


ARTICLE 12: DISCIPLINE: Disciplinary committees are provided for in the structures at every level of the Party. These are backstopped by the National Legal Committee which is comprised of legal experts.

ARTICLE14: Relations with other organizations: The party shall foster working relations and complimentality with local and international organizations that share the same values and aspirations with our party

ARTICLE 15: Party Finances: The party shall finance its programmes from membership fees, donations and fund-raising activities. The National Treasurer –General shall be in charge of all funds which shall be audited by independent auditors annually.


PREAMBLE

We, the founding members of the MKD, recognise that our society is polarized, that our leaders are alienated from the people and that the state resorts to violence to suppress dissent and dialogue. There is lack of respect for the law and disregard for basic human rights, gross abuse of state resources and corruption, privatization, and politicization of national institutions, resulting in poor accountability in the conduct of national affairs. There is no national vision and agenda around which to rally the nation for national reconciliation, revival and development. As a result, Zimbabwe’s economy has been undermined, with poverty affecting over 80% of our population and rampant unemployment especially among the youth. This has dispersed the population, generating a significant diaspora in which many Zimbabweans live in conditions of deprivation and want. The national and family fabric has been undermined by state ineptitude in social, political and economic management which have resulted in economic contraction, mega-inflation and massive declines in access to education, health, housing, water, sanitation, energy, transport and other goods and services.

We recognize that our national liberation struggle was successfully waged through co-operation and mobilization of our population and culminated in negotiations that brought about our independence. The current government has failed to dialogue successfully and generate workable solutions to the problems besetting the nation. We also recognize that the existing major parties have limited capacity to resolve national problems because of their philosophies, characteristics and approaches to national affairs. Therefore, as MKD, we have resolved to form a political party that will transcend the limitations of existing formations and mobilise Zimbabweans to build on the gains of our national liberation struggle, rededicate itself to the ideals of these struggles and embrace modern, fair and workable solutions to our national problems in the process of making Zimbabwe a prosperous, progressive and developed country.


ARTICLE 1 NAME

The name of the Party, which should reflect the vision, philosophy and values of the Party, shall be decided at the First National Consultative Conference. Until then we will use the name Mavambo Kusile Dawn (MKD). There is need for full consultation and the provinces will be asked to debate and make recommendations. The word “Alliance” was favoured as the Party was consciously and deliberately creating an alliance of different social groups.
ARTICLE 2 PARTY SYMBOL, SLOGANS AND REGALIA

2.1 The existing symbol of the rising sun, symbolising the re-birth of the nation of Zimbabwe from the depth of suffering, will be utilized until a new symbol is selected. Meanwhile Provinces will consult with their members to get more suggestions. The final decision will be made at the First National Consultative Conference.

2.2 Slogans will be decided at each annual conference and will be relevant to the thrust of the Party at that time, but will refrain from personal attacks.

2.3 The Party, in line with its values, will discourage the use of personal pictures or names on Party regalia.

ARTICLE 3 VISION

To build a stable, peaceful, united, progressive and developed Zimbabwe for the economic improvement, social upliftment, and physical welfare of the nation. We will promote the rights and freedoms of all citizens, within a culture that cultivates diversity of opinions as a process for building up a national consensus on the way forward.

ARTICLE 4 PHILOSOPHY, VALUES AND PRINCIPLES

We the founders of the Party believe and hold true the following philosophy, fundamental values and principles:

That all people are entitled to enjoy basic human rights and freedoms.
That all men are equal before the law, regardless of heir race, ethnicity, colour, sex, language, gender, religion, opinion, social origin or birth, health, social education or other status.

Other fundamental values are as follows:
Patriotism, transparency, integrity, honesty, pluralism, democracy, respect for universal human rights and freedoms, ethical leadership and membership, equality and fairness, meritocracy and national participation and representation, empowerment, entrepeneurship, the rule of law, openness and tolerance, accountability and balanced regional development.


4.1 Putting the interests of Zimbabwe first at all times and strive for balanced regional development.

4.2 Creating a just and equal society by
a. Providing equal access to quality education and training opportunities, health facilities, housing and sanitation, and other services, regardless of social class;
b. Providing economic opportunities based on capability and experience;
c. Ensuring that poverty is overcome, by generating socially valuable work that will develop the country’s infrastructure;
d. Strengthening the work ethic.

4.3 Establish the key role of the state in promoting economic and social development. The aim will be to enable the economy to grow based on real agricultural and industrial production rather than on monetary speculation. The role of the State will be to support national enterprises in the first instance and to promote investment from within and outside Zimbabwe.

4.4 Establishing the rule of law based on the United Nations Declaration of Human Rights.

4.5 Supporting and advancing women’s emancipation through political, social, legal and economic measures.

4.6 Establishing an ethical leadership and membership through which integrity and honesty will be respected. Transparency and accountability will be characteristics of the Party.

4.7 Nurturing and instituting democratic dialogue within the Party and the nation.

4.8 Harnessing and fully utilizing the strategic and natural resources of our country in environmentally friendly ways.


ARTICLE 5 AIMS AND OBJECTIVES

The Aims and objectives of the MKD are as follows:

5.1 To build support and mobilize the nation to develop a shared vision based on the values espoused by MKD. In this respect, MKD will put Zimbabwe first, cultivate her diverse cultures, customs, languages and religions as a basis for national healing, reconciliation and development.

5.2 To uphold the supremacy of the Zimbabwean Constitution and its provisions especially the separation of powers of state, upholding basic freedoms of expression and assembly.

5.3 To participate in constitutional and political processes to enable the Party to win power and to take charge of the affairs of state. The Party will at all times endeavour to influence national legislation and policies.



5.4 To be the party of choice that will appeal to all sections of the population.

5.5 To vigorously eradicate corruption in national life.

5.6 To build a party that is democratic, non-racial, non-sexist and promotes gender equality and the welfare of people with disabilities.

5.7 To make a clear distinction and separation between office bearers, functions, institutions and resources of the party and those of the state.

ARTILCE 6. Mission: Our Mission is to build a national consensus that offers, hope, renewal, national healing and justice and new opportunities to the young generation






ARTICLE 7 MEMBERSHIP

Individual Membership

6.1 Membership of the Party shall be open to all Zimbabweans and permanent residents in Zimbabwe irrespective of race, colour, gender or creed, who subscribe to the Party’s principles, policies and programmes and who abide by its rules and regulations.

6.2 On admission, a prospective member shall pay an annual subscription fee and be issued with a membership card. Subscription fees are paid yearly in advance and membership will lapse after two months of non-payment and after the member having been so notified in writing, but is renewable on payment of arrears.

6.3 People with a criminal record under the 3rd Schedule of Offences and habitual criminals shall specifically be excluded from holding Party office for a period of ten years from the time of their sentence.

6.4 RIGHTS AND DUTIES OF INDIVIDUAL MEMBERS

6.4.1 Rights:
i. Take a full and active part in the discussion, formulation and implementation of the policy of the Party.
ii. Receive and impart information on all aspects of its policy and activities.
iii. Offer constructive criticism of any member, official, policy programme or activity of the Party within its structures.
iv. Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the Party.
v. Submit proposals or statements to the branch, province, region or NEC, provided such proposals or statements are submitted through the appropriate structures.

6.4.2 Duties:
i. Belong to and take an active part in the life of his or her branch.
ii. Take all necessary steps to understand and carry out the aims, policy and programmes of the Party.
iii. Explain the aims, policy and programme of the Party to the people.
iv. Deepen his or her understanding of the social, cultural, political and economic problems of the country.
v. Combat propaganda detrimental to the interests of the Party and defend the policy, aims and programme of the Party.
vi. Fight against racism, tribal chauvinism, sexism, religious and political intolerance or any other form of discrimination or chauvinism.
vii. Observe discipline, behave honestly and carry out loyally decisions of the majority and decisions of higher bodies.
viii. Inform his or her branch of movement to any other area and report to the branch committee secretary on arriving at any new area.
ix. Refrain from publishing and/or distributing any media which purport to be the view of any organized grouping, faction or tendency within the Party without authorisation.
x. All members shall, if possible, register as voters in the constituency where they live.
xi Members who hold elective office in any sphere of governance at national, provincial or local level are required to be members of the appropriate caucus, to function within its rules and to abide by its decisions under the general provisions of this Constitution and the constitutional structures of the Party.
xii Report all cases of abuse of authority, position and/or party assets by any Party official or member to the relevant Party authorities.


6.5 INSTITUTIONAL MEMBERSHIP
Institutions which share the principles, aims and objectives of the Party can apply to the National Executive Committee for institutional membership. Institutional members are entitled to send two delegates to the meetings of the National Conventions and Annual National Conferences.

ARTICLE 8. GENDER EQUALITY AND INCLUSION OF YOUTH

7.1 The party subscribes to the values of age and gender equity and equality. In an endeavour to reach the objective of full representation of women and youth in all decision-making structures, the Party shall implement a programme of affirmative action, including the provision of a quota of not less than one third of youth and women in all its structures to enable such effective participation.

7.2 The method of such implementation will be addressed in all Party structures immediately and on a continuing basis.

7.3 In an endeavour to promote the participation of youth in the activities of the Party,
The party shall ensure that one in three of members of all organs, committees and other bodies of the party shall be young people. The Party defines youth as people under the age of 35 years of age.








ARTICLE 9 EMPOWERMENT & AFFIRMATIVE ACTION

Zimbabwe’s history of unequal development, which dis-empowers and disadvantages certain groups within society, makes it imperative that deliberate steps be taken to empower such groups through affirmative action. The Party seeks to incorporate programmes of affirmative action which will enable such disadvantaged groups to secure redress and enable them to participate fully in the life and advantages of this country. The Party’s empowerment and affirmative action programme includes:

8.1 Groups identified as historically disadvantaged.

8.2 However, those participating in empowerment and affirmative action programmes are expected to work hard consistently.

8.3 Empowerment and affirmative action will consist of education and training opportunities; scholarships; development grants and loans; equity in employment opportunities in the civil service and armed services and in the private sector; and opportunities for leadership roles.

8.4 The National Executive Committee (NEC) will report to the Annual Conference on progress and achievements of the Party’s Empowerment and Affirmative Action programmes. The NEC will also review on an annual basis which groups within society are being disempowered and recommend corrective action.





ARTICLE 10 ORGANS OF THE PARTY

11.1 The Party consists of the following organs:
i The National Conference
ii The National Executive Committee
iii National Management Committee
iv The Provincial Conference
v Provincial Executive Committee
vi The District Conference
vii District Executive Committee.
viii Ward Conference
ix Ward Executive Committee
x Branch
xi Branch Executive Committee.
xii The Party Institute.
xiii Council of Elders
xiv Party Associations

9.2 LIMITED TENURE OF OFFICE

9.2.1 The limited tenure of Office for Elected Officers at National and Provincial Levels shall be for two (2) consecutive terms of five (5) years each and at District, Ward and Branch Levels for three (3) consecutive terms of three (3) years each without a proviso of renewal
9.2.2 In order to ensure that leadership roles are renewed periodically, 40% of the leaders in each organ must retire at elections.

9.2.3 All positions will be elected by secret ballot.

9.3 THE ANNUAL NATIONAL CONFERENCE

9.3.1 The Annual National Conference shall be the decision and policy making body of the Party. It will be composed of the following:-

i Chairperson, Secretary, Treasurer and Organizing Secretary from the Provincial Executive Committees (4 x 10 = 40)
ii Chairperson and one elected member from each District Executive Committee (2 x 57 = 114)
iii 50 representatives from all Ward Executive Committees elected by secret ballot in proportion to the membership of each Ward
iv 50 representatives from all Branch Executive Committees elected by secret ballot in proportion to the membership of each Branch
v 2 members from the Party Institute.
vi 2 members from the Council of Elders
vii 1 member from each MKD Association (estimate of 6)

Total = about 280
ADD: President & his Deputy = 2
H.Q Staff = 10
NED MEMBERS = 13
Total Delegates = about 299

9.3.2 There shall be complete separation of powers between the State and the Party. Any member appointed to take a position either in the State or Local Government Authority shall vacate his or her post in the Party. Any paid up member, after following the correct nomination procedures, shall be eligible to contest the position of President or any post at National Conference level.

9.3.3 The National Conference shall meet once every five (5) years. However an Extraordinary Conference may be convened at any time in accordance with the provisions of this Constitution

9.3.4 The powers and functions of the National Conference shall be to :-

i Formulate the policies and principles of the Party
ii Supervise the implementation of policies, principles and programmes of the Party
iii Elect members to the National Executive Committee and National Management Committee.
iv Approve the audited financial statements of the Party and appoint or re-appoint auditors (goes to National Conference)
v Repeal or amend the Constitution in terms of this Constitution
vi Dissolve the Party in terms of this Constitution
vii Review, ratify, modify, alter or rescind any decision taken by any organ or official of the Party.

9.3.5 Notice to convene the National Conference

i A notice convening the National Conference shall be sent to all Provinces and organs of the party entitled to attend by the National Conference at least sixty (60) days before the date of the Conference
ii The notice convening the National Conference shall be published at least once in local and national newspapers thirty (30) days before the date of the Conference.

9.3.6 Notice of Extra-ordinary National Conference may be called:

i By a simple majority vote of the National Conference or two thirds vote of the National Executive Committee which vote shall be conducted by secret ballot.
ii Upon the written request received from at least one-third of the members entitled to attend the National Conference submitted to the Secretary-General; or
iii Upon the written request received from at least two-thirds of the Provincial Executive Committees submitted to the Secretary-General.

9.3.7 A notice convening the Extra-ordinary National Conference shall be sent to all members entitled to attend and to each branch by the National Conference at least one month before the date of the meeting.

9.3.8 The quorum of the National Conference shall be two-thirds of the members entitled to attend. If one hour after the stipulated time for commencement a quorum is not reached, the meeting will continue subject to those decisions being approved by an extra-ordinary National Conference called by the National Conference within six months of the date of the inquorate National Conference.
9.3.9 The interim Provincial Executive Committees shall have the power to call the Party’s inaugural National Conference.

9.4 ANNUAL CONFERENCE
9.4.1 There shall be an Annual Conference. It shall be composed of all those who are also members of the National Convention.
9.4.2 The functions of the Annual Conference shall be to:

i Receive reports from the Party Portfolio Secretaries;
ii Review and update policies;
iii Review progress of Party programmes between Conferences;
iv Fill any vacancy in the National Executive Committee caused through resignation, death or other causes;
v Approve the audited financial statements of the Party and appoint or re-appoint auditors;
vi Do all things necessary for the furtherance of Party interests which do not conflict with the powers of the National Conference.

9.5 COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE

The National Executive Committee except where stipulated shall be elected by secret ballot by the National Conference. It shall exercise all the functions of the National Conference in between meetings, but will have no power to make any decision in conflict with a standing decision of the National Conference

9,5.1 The National Executive Committee shall be comprised as follows:

i President
ii Deputy President
iii National Chairperson
iv Deputy National Chairperson
v Secretary General
vi Deputy Secretary General
vii Treasurer General
viii Deputy Treasurer General
ix Information & Publicity Secretary
x Deputy Information & Publicity Secretary
xi Organising Secretary
xii Deputy Organising Secretary
xiii One representative of each elected Provincial Executive Committee

Total Number of National Executive Committee = about 21

ARTICLE 9.6 POWERS OF THE NATIONAL EXECUTIVE COMMITTEE

9.6.1 The National Executive Committee shall be the Party’s main policy, administrative and implementing organ and shall be the authority to lead the organization and execute the aims and objectives of the Party. The powers of the National Executive Committee shall be to:
i. Implement the decisions and resolutions of the National Conference and Annual National Conference.
ii. Recommend party policies and programmes to the National Conference
iii. Formulate and implement the current programmes of the party within the framework of party policy and ensure that provinces, local Committees and branches and all other party structures such as parliamentary and local government caucuses carry out the decisions of the party.
iv. Ensure that the provincial, district, ward Committee and branch structures of the party function democratically and effectively.
v. Receive reports, supervise the work of, and delegate such functions to the Provincial Committees as it considers necessary.
vi. Engage and dismiss Secretariat staff where necessary.
vii. Establish departments and set up sub-committees as it considers appropriate.
viii. Suspend any member of the Party pending reference of the matter to the appropriate Disciplinary Committee. Any investigation and hearing related to a member’s case must be completed within the 3 months provided for suspension.
ix. Carry out investigations into any member’s alleged misconduct, draft and frame charges against any such member and prosecute the said member before the appropriate Disciplinary Committee.
x. Set up special Commissions of Inquiry or specialized Committees that shall be appointed for a specific purpose and once that Committee has submitted a written report thereon, it shall be dissolved unless reconstructed for further investigation or consideration in connection with the original task.
xi. Institute legal proceedings for and defend any legal proceedings against the Party.
xii. Open and operate books of accounts.
xiii. Maintain accurate registers of all the Party members and monitor, control and give guidance to all elected Party officers holding public positions.
xiv. Receive monthly reports from Party Secretaries in connection with their portfolios.

9.6.2 The National Executive Committee shall meet quarterly and two thirds of its members shall constitute a quorum.

9.7 THE NATIONAL MANAGEMENT COMMITTEE

9.7.1 The National Management Committee shall be drawn from members of the National Executive Committee and shall be composed of:

i. National Chairperson
ii. National Vice Chairperson
iii. Secretary General
iv. Deputy Secretary General
v. Treasurer General,
vi. Deputy Treasurer General
vii. National Organizing Secretary,
viii. Deputy National Organizing Secretary
ix Secretary for Information and Publicity
x Deputy Secretary for Information and Publicity
xi. The Management Commtee shall be served by the appropriate secretariat staff.

Total Number = about 15

9.7.2 The Committee shall be responsible for the day to day administration of the Party and shall report to the National Executive Committee and shall make no executive or policy decisions.

ARTICLE 9.8 THE PROVINCIAL CONFERENCE

9.8.1 For the purposes of inaugurating the Party, there shall be ten provisional provinces of the Party along the lines of the metropolitan and administrative provinces of Zimbabwe.

9.8.2 The Provincial Conference will be held annually and will comprise the Chairperson and one elected member of each District Executive Committee.

9.9 THE PROVINCIAL EXECUTIVE COMMITTEE
The Provincial Executive Committee shall be the highest organ of the
Party in each Province

9.9.1 The Provincial Executive Committee shall comprise the following:

i Chairperson
ii Vice Chairperson
iii Secretary
iv Deputy Secretary
v Treasurer
vi Deputy Treasurer
vii Organizing Secretary
viii Deputy Organizing Secretary
ix Portfolio Secretaries

Total Number = about 25

9.9.2 The Provincial Executive Committee shall be elected at a Provincial meeting held once every five years. The elections shall take place at least two months prior to each National Conference.

9.9.2 The quorum of the Provincial Committee meeting shall be two-thirds of its membership.

9.9.3 The main functions of the Provincial Committee shall be to:

i. Build the party in the Province;
ii. Organize elections of District Executive Committees and when absolutely necessary to organize Branch Meetings.
iii. Supervise the work of District Executive Committees in the Province concerned and to ensure they are functioning democratically, effectively and complying with this Constitution.
iv. Implement policies and principles of the Party in the Province, subject to the National Conference.
v. Carry out all such functions and duties as accepted by the National Conference.
vi. Maintain a registrar of party members in the Province.
vii. Select, choose or nominate candidates for national elections for consideration by the National Conference.
viii. Maintain bank accounts and books of accounts and keep an asset register of all party assets in the Province.
ix. Subject to approval by the National Conference, to suspend or dissolve a District or Branch Executive Committee provided that no such suspension shall last for more than 3 months. The affected District Executive Committee or that of the Branch shall have the right of appeal to the Appeals Tribunal against such a decision, within thirty (30) days of that such decision having been made. The investigation, hearing and decision must be made within those 3 months.

9.9.4 The tenure of Office for elected provincial officers shall be limited to two (2) consecutive terms of five (5) years each without option of further re-election.

9.9.5 Should a vacancy occur in the executive of any Provincial Committee by reason of death, resignation or expulsion, the Provincial Committee will have the power of co-opting any other member of the party into the said Provincial Executive Committee and further shall have the power of appointing any of its members to so act in any acting capacity provided that an election to fill the vacancy so created, shall be held at the next provincial Committee meeting.

9.9.6 The Provincial Executive Committee shall organize a quarterly meeting in a given year. An extra-ordinary meeting can be called when necessary.

xii The tenure of Office for elected Provincial Officers shall be limited to two (2) consecutive terms of five (5) years each without option of renewal


ARTICLE 9.10 THE DISTRICT CONFERENCE

9.10.1 Under each Province, there shall be District Conference whose membership shall comprise the chairperson and one elected member of each ward executive committee. The elected member should be of the opposite sex to the chairperson. A district conference will be held annually.

9.10.2 THE DISTRICT EXECUTIVE COMMITTEE

There shall be a District Executive Committee in every administratively designated District authority area, which shall meet at least once every three months and whose quorum shall be two thirds of its membership.

9.10.3 The District Executive Committee shall be elected at a District Conference meeting held once every three years. These elections shall take place at least two months prior to each Provincial Conference meeting held for elective purposes.

9.10.4 The District Executive Committee shall comprise the following:

i Chairperson
ii Deputy Chairperson;
iii Secretary
iv Deputy Secretary;
v Treasurer;
vi Deputy Treasurer
vii Organizing Secretary
viii Deputy Organizing Secretary;
ix District Director of Elections;
x Portfolio Secretaries

Total number = about 26


9.10.5 The District Executive Committee shall meet once a quarter.


9.10.6 The main functions of the District Executive Committee shall be to:

i. Build the Party in the district;
ii. Subject to the control of the Provincial Committee, implement the policies and principles of the Party in the district;
iii. Serve as a liaison between the wards in the district, and between the District Executive Committee and the Provincial Executive Committee.
iv. Keep and maintain an update register of all members of the Party in the district.
v. Identify and recommend to the Province persons to participate in national elections.
vi. Conduct the elections of Ward Executive Committees including any bye- elections.
vii. Maintain books of accounts and to open bank accounts for the District Committee.
viii. Keep and maintain a register of the Party assets.

9.10.6 Should a vacancy occur in the District Management Committee by reason of death, resignation or expulsion, the District Executive Committee will have the power of co-opting any other member of the party into the District Executive Committee. It shall also have the power of appointing any of its members in an acting capacity. However an election to fill the vacancy so created shall be held at the next District Executive Committee meeting.

9.10.7 The tenure of office of the District Executive Committee officers shall be limited to maximum consecutive terms of three (3) years each without option of renewal

9.11 WARD CONFERENCE

9.11.1 The Ward Conference shall comprise:

i. The Ward Executive Committee;
ii. The Chairperson and one other representative of the opposite sex from all branches making up the ward

9.11.2 The quorum of the Ward Conference shall be two thirds of its membership.

9.11.3 The purpose of the Ward Conference shall be to:

(i) Review the progress of Party programmes within the ward area;
(ii) Select and fill any vacancy that would have arisen in the Ward Executive Committee;
(iii) Subject to this Constitution and the powers of the Provincial Executive Committee, do all things necessary for the furtherance of Party interests and programmes.

9.12 COMPOSITION OF THE WARD EXECUTIVE COMMITTEE

9.12.1 The Ward Executive Committee shall comprise:

i Chairperson
ii Deputy Chairperson
iii Secretary
iv Deputy Secretary
v Treasurer
vi Deputy Treasurer
vii Organising Secretary
viii Deputy Organising Secretary
ix Five (5) Committee Members

Total = 13


ARTICLE 9.13. THE BRANCH

9.13.1 The minimum number of members for the establishment of a Branch shall be twenty five (25) and the maximum one hundred (100)

9.13.2 The Branch shall be:

i The basic unit of activity for members;
ii The place where members exercise their basic democratic rights to discuss and formulate policy.

9.13.2 No member shall be a member of more than one Branch or any other higher office on the hierarchical ladder.

9.13.3 The Branch General Meeting shall be composed of all members of the Party in the Branch and two thirds of the membership shall constitute a quorum.

9.13.4 The Branch Executive Committee shall be elected at a Branch General Meeting held once every three (3) years

9.13.5 BRANCH EXECUTIVE COMMITTEE

The Branch Executive Committee shall comprise the following:

i Chairperson
ii Vice Chairperson
iii Secretary
iv Deputy Secretary
v Treasurer
vi Deputy Treasurer
vii Organising Secretary
viii Deputy Organizing Secretary
ix Secretary for Information & Publicity
x Five (5) Committee Members

Total Number = 14

9.13.6 The Branch Executive Committee shall meet at least once every month and two thirds of the membership shall constitute a quorum.

9.13.7 The tenure of office for members of the Branch Executive Committee shall be limited to three (3) consecutive terms of three (3) years each without option of renewal

ARTICLE 9.14 OFFICE BEARERS, NATIONAL COMMITTEE AND ELECTION
PROCEDURES

9.14.1 The President

9.14.1 The tenure of office for the President shall be limited to two (2) consecutive years of five (5) years.

9.14..2 The President is the leader and chief spokesperson of the Party and accountable to the National Conference for the vision, strategy actions and omissions of the Party subject to this Constitution. The National Conference may therefore recall the President for such omissions or commissions. His duties are as follows:

i. Uphold and defend the Party Constitution;
ii. Uphold and defend the principles of the Party;
iii. Promote the principles of democratic discourse, participation and equality of all members within the Party;
iv. Present the reports to the National Conference, the Annual National Conference and the National Executive Committee; and
v. Perform such other functions and duties and exercise such powers as may be assigned to him or her within the provisions of this Constitution by the National Executive Committee.
vi. Have the power to convene any extraordinary meeting of the National Conference or Annual Conference.
vii To appoint a shadow cabinet drawn from the portfolio holders in the National Executive committee.

9.14.3 If the President of the Party fails to be elected at a national presidential election, an Extraordinary National Conference will be called at which new elections for the position of president will be held. The incumbent is free to stand again, within the limit of a maximum of ten years for any one person to hold this office.

9.15 Deputy President

9.15.1 It shall be the duty of the Deputy President to:

i Assist the President with the exercise of his or her powers, functions and administrative duties as provided for in this Constitution;
ii Act on behalf of the President whenever the President is absent from Zimbabwe or is for any reason unable to perform his or her powers, functions or administrative duties;
iii Perform such functions relating to the function of standing committees and other general matters as may be assigned to him or her by the National Conference.

9.16 National Chairperson

9.16.1 It shall be the duty of the National Chairperson to:

i Chair the National Conference, Annual Conference, National Executive Committee and National Management Committee.

9.16.2 National Vice Chairperson

It shall be the duty of the National Vice-Chairperson to:

i Assist the National Chairperson with the exercise of his or her powers, functions and administrative duties as provided for in this Constitution;
ii Act on behalf of the National Chairperson whenever the National Chairperson is absent from Zimbabwe or is for any reason unable to perform his or her powers, functions or administrative duties;
iii Perform such functions relating to the functioning of standing committees and other general matters as may be assigned to him or her by the National Chairperson or National Conference.

9.17 Secretary-General

The Secretary-General shall:

i. Under the supervision of the National Executive Committee convene and organize the meetings of the National Conferences in consultation with the National Chairperson;
ii. Primarily be responsible for the efficient organization and administration of the Party;
iii. Be responsible for all Party affairs in the National Secretariat;
iv. Ensure that meetings of the National Conference or Annual National Conference, National Executive Committee and National Management Committee are held as defined in this Constitution;
v. Be the custodian of all important Party documents, lists, papers and records;
vi. Present reports to the National Conference or Annual Conference, National Executive Committee and National Management Committee on general party affairs;
vii. Perform such other functions and duties and exercise such powers as may be assigned to him or her within the provisions of this Constitution by the National Chairperson or the National Executive Committee

9.18 Treasurer General

The Treasurer General shall:

i. Under the supervision of the National Executive Committee and in consultation with the National Chairperson open such bank accounts and maintain such financial records as may be necessary for the efficient custody of those funds;
ii. Be the chief custodian of all Party funds, monies and assets;
iii. Prepare and present to the National Executive Committee the annual budget of the Party;
iv. Provide the National Management Committee and the National Executive Committee with regular statements of income and expenditure;
v. Chair the Finance and Fundraising Committee;
vi. Supervise and co-ordinate fund raising activities of the Party;
vii. Perform such other functions and duties and exercise such power as may be assigned to him by the National Chairperson or the National Management Committee and the National Executive Committee provided that such assignment shall not include functional duties and powers vested in another person under and in terms of this Constitution.

9.19 Deputy Secretary General

The Deputy Secretary General shall:

i. Assist and deputise the Secretary General in the performance and exercise of his or her functions, duties and powers provided in this Constitution;
ii. Act on behalf of the Secretary General whenever the Secretary General is absent from Zimbabwe or is for any reason unable to perform or exercise his or her duties, functions or powers;
iii. Perform such other functions and duties and exercise such powers as may be assigned to him/her by the National Chairperson, the National Executive Committee or the National Management Committee provided that such assignment shall not include powers, duties or functions vested in someone else under the terms of this Constitution.

9.20 The National Organizing Secretary

The Organizing Secretary shall:

i Conduct or ensure that Party elections are conducted for all levels of the Party;
ii Supervise and co-ordinate the recruitment of members into the Party;
iii Be responsible for administering Party structures subject to the control of the National Executive Committee and subject to the provisions of this Constitution;
iv Ensure the correct establishment of Party structures and organs;
v Supervise and monitor the political programmes at all levels of the Party;
vi Be responsible for collating, gathering and collecting all lists of Party members;
vii Be responsible for the implementation of the Party’s programmes of action and advocacy including organizing all activities aimed at achieving the Party’s long and short term goals;
viii Be responsible for the Party’s educational programmes on the Party’s values and principles;
ix Perform any such other function and duties and exercise such powers as may be assigned to him or her by the National Chairperson, the National Executive Committee or National Management Committee provided that such a function shall not include functions duties, powers assigned to someone else under and in terms of this Constitution.

9.21 The Secretary for Information and Publicity

The Secretary for Information and Publicity shall:

i Under the supervision of the National Executive Committee act as the General Spokesperson of the Party on all Party affairs;
ii Supervise and co-ordinate the development of the Party’s communication and media strategies;
iii Ensure that the Party Policies are adequately communicated and explained to the public;
iv Be responsible for the preparation and approval of the Party’s Press releases and advertisement materials of whatever description;
v Perform such other duties and functions and such powers as may be assigned to him by the current Secretary General or the National Executive Committee or National Management Committee provided that such assignment shall not include powers, duties or functions vested in someone else under and in terms of this Constitution.

9.22 In order not to disrupt the work of the Party, the following positions, while they may contest parliamentary seats and be elected Members of Parliament, they however shal not be available for appointment to ministerial positions during their tenure of office:
i) the National Chairman and his deputy;
ii) the Secretary General and his deputy;
iii) the National Organizing Secretary and deputy;
iv) the Treasurer General and deputy;




9.22 Other Portfolio Secretaries

The functions, duties and powers of other Party Portfolio Secretaries not otherwise set out in this Constitution shall be as defined by the National Executive Committee in writing provided that the National Executive Committee in so doing shall not assign duties or functions or vest powers already vested in some other Party Officer under and in terms of this Constitution.


9.23 Party Secretariat

9.23.1 There shall be a National Secretariat consisting of paid employees of the Party with such structures and offices as defined by the National Conference and the Annual National Conference, provided that all employees in the Secretariat must:

i Subscribe to the values, principles, aims and objectives of the Party; and
ii Be vetted and approved by the National Management Committee and confirmed by the National Executive Committee.

9.24. Death or Resignation of Office Bearers

9.24.1 In the event of the death or resignation of the National Chairperson the National Vice Chairperson assumes the role of Acting National Chairperson.

9.24.2 In the event of the death or resignation of any other member at the national level, the Chairperson of the relevant affected organ shall, in consultation with the National Chairperson, appoint a person to act in that capacity pending the next Annual Conference.

9.24.3 At the next Annual Conference, the Conference shall have the power and duty to fill any post which may be vacant at that time .

9.25 Indemnity

9.25.1 Office bearers of the Party and other members of the National Committee shall not be liable to the Party and its members for any loss arising from any mistake or omission made in good faith.

9.25.2 Office bearers of the Party shall be entitled to an indemnity out of the assets of the Party (including future assets) against all costs, damages and expenses incurred by them, in respect of any liability incurred by them, in good faith, in the execution of their powers and duties.

9.26 PARTY STANDING COMMITTEES

9.26.1 The Standing Committees of the National Committee which are responsible for managing aspects of the Party's business on a national level are as follows:
i National Management Committee;
ii National Disciplinary Committee;
iii National Legal Committee;
iv Research and Policy Development Committee;
v National Conference Committee ( Still to be developed)

9.26.2 Save for the Disciplinary Committee, each committee shall consist of at least four other persons who are individual members of the Party appointed by the National Executive Committee. No committee shall make a decision in conflict with a standing decision of the National Executive Committee or with standing principles of the party.

9.26.3 The National Management Committee of the National Executive Committee may constitute and appoint such other committees as may be necessary from time to time.

ARTICLE 11 CAUCUSES

10.1 ESTABLISHMENT OF CAUCUSES

i All Party members of the Senate and House of Assembly are members of the Parliamentary Caucus of the Party.
ii All Party members the Senate and House of Assembly of each respective province are members of the Provincial Caucus of the Party in their province.
iii All Party members who are councillors in local authority areas are members of the Local Authority Caucus of the Party.

10.2 FUNCTIONING

i. Each caucus elects a chairperson and a whip from amongst its own members.
ii. Each caucus functions and takes decisions in absolute confidentiality.
iii. Members shall at all times adhere to and support decisions of the relevant caucus and shall not differ publicly from any decision once it has been taken except when it has been decided by the caucus that a member may on a question of conscience exercise a free vote.
iv. Members shall attend caucus meetings punctually and no member is excused from attending a caucus meeting except by leave of the whip.
v. Members shall at all times perform their duties in the relevant forum, their duties towards the voters and particularly their duties towards Party supporters diligently and to the level and standard required by the Party as set out in the applicable code.

10.3 DUTIES AND RESPONSIBILITIES OF CAUCUSES

i Caucuses are responsible for the proper functioning of the Party in the relevant forum and may, subject to this Constitution and subject to the relevant Party formations, formulate policy and oversee policy formulation by spokespersons.
ii Portfolio spokespersons shall be designated in each case by the Caucus leader.

10.4 DISCIPLINARY ACTION
i The NEC or the relevant caucus may refer a member to the applicable Disciplinary Committee for an enquiry on a charge of misconduct in terms of this Constitution.
ii Any caucus may, by majority decision, suspend a member from attending meetings of that caucus

10.5 CAUCUS RULES
i Each caucus shall draft and accept a set of Caucus Rules.
ii All Caucus Rules shall be submitted to the National Legal Committee.

ARTICLE 12 DISCIPLINE

11.1 Disciplinary proceedings against a member of the Party shall be based on the alleged violation of the Constitution as dealt with under the By Laws, Rules and Regulations.

11.2 The Management Committee of each constituent body shall constitute itself into a Disciplinary Committee in the event of any disciplinary proceedings and may by agreement either at a meeting or through a written notice signed by at least half of the members, appoint some of its members to constitute a Disciplinary Committee.

11.3 Any person facing disciplinary proceedings shall receive a written notice of the hearing and the precise allegations or charges against them and shall be afforded a reasonable opportunity to make and prosecute their defence and shall have the right to legal representation at their own expense.

11.4 Any person found guilty in a disciplinary proceeding has the right, within one month of the knowledge of the verdict, to appeal against the conviction or sentence, to the next higher constituent body of the Party.


ARTICLE 13: NATIONAL LEGAL COMMITTEE

12.1 The National Legal Committee has all powers as are necessary to exercise its functions in terms of this Constitution justly and expeditiously and shall, at the request of the National Chairperson, the National Executive Committee or the National Management Committee:

i. Interpret this Constitution and any subservient constitutions;
ii. Certify any subservient constitutions and any amendments thereto as being in accordance with this constitution;
iii. Determine any dispute referred to it;
iv. Decide on the legality or otherwise of any meeting, action, election or resolution by any Party structure;
v. Deal with appeals under this Constitution;
vi. Conduct an investigation to determine whether a public representative be removed from office on the grounds of incompetence, inefficiency or incapacity; and
vii. Conduct any enquiry referred to it.

ARTICLE 14 RELATIONSHIP WITH OTHER ORGANISATIONS

The Party fosters friendly relations and maintains bonds internationally with organisations and political parties that could promote the aims of the Party.
· Political Parties
· Professional Bodies
· Civil Society Organisations
· Community Based Organisations
· Other

ARTICLE 15 PARTY FINANCES

14.1 The Party shall be financed by membership contributions, donations, fundraising activities and any investments by the Party.

14.1.1 The Treasurer General shall be the custodian of Party funds.

14.1.2 The National Executive Committee shall prescribe the manner in which funds shall be kept and the manner in which money may be withdrawn for Party use, including a prescription of which officers shall be signatories to Party accounts.

14.1.3 There shall be an annual audit of Party funds by a firm of reputed auditors in Zimbabwe and a report of such audit shall be submitted annually to the National Committee and to the National Conference.

14.1.4 The finances and assets of Party shall be divided into two categories; those at Head Quarters under the control of the Treasurer General and those at Provincial level under the control of the Provincial Treasurer.

14.1.5 The Treasurer General shall be in charge of the central funds and property while the Provincial Treasurers shall be responsible of the finances and property of their respective provinces.

14.1.6 The Treasurer General shall keep the provinces informed about the state affairs of the central finances and property through their respective Treasurers.

14.1.7 The Provincial Treasurers shall, on a monthly basis, transmit the financial statements and the balance sheets of their respective provinces to the Treasurer General.

14.1.8 The Provinces shall remit 20% of all the subscription fees and donations paid to the respective provinces to the Treasurer General not later than fourteen (14) days of receipt by the Provincial Treasurer of such payment. Exceptions to this rule will be decided by the NEC.

ARTICLE 16 GENERAL PROVISIONS

15.3 NATIONAL ELECTIONS DIRECTORATE (NED)
15.3.1 A month prior to the Inaugural National Convention and the Annual Conference, the National Executive Committee (NEC) shall appoint officers who shall constitute a National Elections Directorate whose terms of reference shall be to circulate Convention and Conference material in advance, determine the precise procedure for the selection of delegates and indicate how the general membership can be assured that their concerns are on the agenda. The composition of the National Elections Directorate shall be as follows:-
i Three (3) persons elected by the National Executive Committee
ii One (1) Representative elected by each Provincial Committee
Total = 13.
The duties of the National Elections Directorate are covered under the By Laws, Rules and Regulations.
15.4 THE PARTY INSTITUTE

The Party Institute shall be headed by a Board of Advisors who will serve on an honorary basis and will provide direction for the research and development. It will have the following objectives and responsibilities:

15.4.1 Provide the intellectual, professional and technical foundation and back up for the Party institutions, principles, policies, and strategies.

15.4.2 Collect and undertake relevant research and development.

15.4.3 Employ a small number of full time staff paid for by the Party.

15.4.4 Organize seminars and workshops for Party members to enable them to obtain a better understanding of Party principles, policies and strategies. Such activities will be a means by which Party members’ views are sought on the important issues of the day and brought to the attention of the Party leadership. They enable members of the Party to engage in political debate on the big issues of the day and to influence the policies of the Party. They play a vital role within the Party and will be at the heart of our policy formulation and reform processes.

15.4.5 The Chairperson and one other representative selected by the Think Tank will be delegates with voting rights at the National and Annual Conferences.


15.5 ASSOCIATIONS OF THE PARTY

Members of the Party who wish to form Party Associations in areas of specific shared interest and purpose will apply to the National Executive Committee for approval. Such Associations will function as autonomous bodies within the overall structure of the Party, of which they will be an integral part, with their own constitutions, rules and regulations, provided that these shall not be in conflict with the Constitution and policies of the Party. An approved association will be entitled to have the Chairperson and one other representative as delegates with voting rights at the National and Annual Conferences.

15.6 MKD BUSINESS RELATIONS

i MKD Party understands and appreciates the vital role that businesses play in creating revenue for the fiscus, jobs, wealth and opportunity on which all else depends.
ii The MKD Business Relations shall provide a structure for listening to business effectively, and to increase the Party’s understanding of the policy concerns of Zimbabwean businesses. This will be a forum for allowing leaders of the business community to engage with the Party and discuss policy issues. Through a regular programme of sectoral and regional events, business leaders can discuss their concerns and ideas with key members of the Party.

15.7 AGREEMENT WITH OTHER PARTIES

An election or any other agreement with any other political party or independent candidate may not be entered into by:
i any member, aspirant candidate or public representative;
ii a branch, a constituency, a regional sub-structure, Local Committee or Provincial Committee;
iii any group of members of the Party;
without the prior consent of the National Executive Committee and disregard of this provision is deemed to be an act against the interests of the Party.

ARTICLE 17 BYE-LAWS, RULES AND REGULATIONS

16.1 The Constitution may be amended by a vote of a two thirds majority of all the delegates to the National Conference. At least thirty days written notice shall be given of such proposed amendment. On adoption such amendments must be released to the national news media.

16.1.2 Bye-laws of the Party shall be adopted to provide for the governance of the affairs of the Party in matters not provided for in this Constitution. Byelaws may be adopted or amended by a majority vote of the Annual Conference. Thirty days written notice of any proposed Bye-law or amendment must be given to all members of the National Conference.

16.1.3 The National Executive Committee shall maintain copies of all such rules and shall make them available upon request.

ARTICLE 18 MERGERS AND DISSOLUTION

Only the National Conference may amend this Constitution, or merge or dissolve the Party and consequently dispose of its assets, by vote of not fewer than two-thirds of the members, provided that notice of that proposal shall have been given to each Province not less than four weeks before that National Conference.



As adopted by the National Congress at
…………………on the day of……..in the month of
…………………in 2008.

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