The Zimbabwean Democrat Constitution
1. The
name of the party shall be the Zimbabwean Democrat (ZD) or any abbreviated form thereof.
2. It is provided
that the party shall be a Federation of constituent Province or Territory branches consisting of not more than one branch
from each Province or Territory of the Republic of Zimbabwe.
3. Each Province (hereinafter
including Territory) branch shall be named that Province Branch of the Zimbabwean Democrat.
4. The members shall
be those eligible to vote in the elections, those are deemed by the Zimbabwean Democrat to be of like spirit and to identify
with the principles, objectives and platform of the ZD. They shall attend ZD meetings, contribute to the funds, canvass for
new members, assist with elections, vote for ZD candidates in elections or otherwise declare their association, loyalty and
support.
Perspective
5. The Zimbabwean
Democrat shall promote the political, social and economic order of the decentralist nation-community as a preferred alternative
to the authoritarian rigidities of socialist-centralist control and the libertarian extremes of the capitalist global market.
6. The Zimbabwean
Democrat shall embrace principles, which are distributist, or decentralist, in basic tenet and which call for practical
social justice, the widest possible distribution of political, social and economic power and a decentralised society.
7. Zimbabwean Democrat policy
shall be formulated to favour the smaller unit of responsibility and decision-making, rather than the larger, in government,
business and community affairs.
8. In social policy
the Zimbabwean Democrat shall recognise that rights and responsibilities that rest with individuals, families and the
local community ought not to be relegated to larger social agencies or the Province.
9. In economic policy
the Zimbabwean Democrat shall acknowledge that the smaller unit in industry, commerce and the farming sector deserves
protection from unfair competition or takeover by larger, more capitalised concerns.
10.
The Zimbabwean Democrat shall insist that functions of federal government should be exercised without encroachment on
the rightful responsibilities of Province and local administrations, or the communities they serve.
Principles
11. The Zimbabwean democrat shall
uphold principles of democracy intended to maintain -
a. responsible
government, representative parliaments, the fundamental liberties of conscience, equality, justice and the rule of law;
b. a decent
and secure livelihood for all, through wage justice, fair rewards for enterprise, adequate social security and equity in the
determination of prices, interest rates and the level of taxation;
c. limits upon
centralism in government and upon the concentrations of power in corporate business, financial institutions, trade unions
and the communications media;
d. protection
of the constitutional sovereignty of the people of Zimbabwe, and of each Zimbabwean Province against outside political
interference, economic coercion or external aggression;
e. resistance
to the spread of totalitarian, supranationalist and other anti-democratic ideologies, and cautious realism in dealings with
the regimes, movements and fronts that derive from them.
12.
The Zimbabwean Democrat shall uphold principles of liberty intended to affirm -
a. orthodox
values and traditions and the ethic of civic responsibility as the foundation for genuine human freedoms and the common good;
b. the sacredness
of human life, from its inception until natural death, as the fundamental basis for all human rights;
c. the historical
indispensability of the family as the primary guardian of personal freedoms vis-a-vis the Province;
d. the authority
of just law as paramount in the protection of community interests against exploitation, violence or threat from self-serving,
coercive-ideological and lawless agents or groups;
e. distributive
democracy as the means to advance the welfare, status and development of the people and support basic freedoms and rights.
13.
The Zimbabwean Democrat shall uphold principles of peace intended to promote -
a. personal
security, harmony and trust within families, mutual tolerance and respect among all peoples and communities and the right
to lawful national self-determination;
b. development
of co-operative links between nations in matters of mutual interest, including foreign aid, migration and refugees, scientific
and cultural exchanges, trade and essential defence alliances;
c. preparedness
for legitimate self-defence against external aggression or threat to the nation and its regional or global interests, through
the maintenance of a flexible and effective deterrent capability;
d. multilateral
armaments reduction which is balanced, verifiable and progressive;
e. vigilance
against unilateralism, pacifism and appeasement and the strategic instabilities they abet.
Objectives
14.
To establish, under Almighty God, the political, legal, social and economic foundations for a just, free and democratic society
and for a self-reliant and secure Zimbabwe.
15.
To decentralise, to the maximum extent practicable, the ownership, management and control of the means of production, distribution
and exchange.
16.
To protect the fundamental and inalienable rights of each person embodied in the common law, statute and tradition - to life,
to the essential liberties of conscience, to equality and natural justice, to ownership of property and to a livelihood that
enhances the dignity, status and security of the person.
17.
To advance the rights, welfare and status of the natural family, founded in traditional marriage, as the primary provider
in the nurturing, rearing and educating of the young and in the care of the infirm and the aged.
18.
To assert the right of governments to supervise the nation's economy, maintain the rule of law and protect the welfare of
the less privileged.
19.
To make a just contribution to the liberties and welfare of the peoples of other nations and to work for international understanding,
regional stability and peace.
20.
To promote the principles, objectives and policies of the Zimbabwean democrat, through education, organisation and the selection
suitable men and women as candidates in federal, Province and municipal elections.
Organisation
21.
Local Branches: Until the Federal Executive otherwise decides, Local Branches of the Zimbabwean Democrat shall
organise on a basis of one per federal electorate and consist of ten or more members (or fewer, with Province Executive approval)
who shall elect a President, Secretary and Assistant Secretary/Treasurer. The Local Branch Executive shall liaise with the
Province Executive and shall carry out the work of the party, as directed. Any reference in the Constitution and Rules to
a "Local Branch" may be taken to include a deemed Local Branch or a Regional Branch.
22.
Deemed Local Branches: In any federal electorate, individual members not yet formally constituted as a Local Branch
may be deemed by the Province Executive, for purposes of representation at Province Conference, to be a Local Branch.
23.
Regional Branches: With Province Executive approval, several Local Branches may merge to form a Regional Branch without
reducing their separate entitlements to representation at Province Conference or Province Executive meetings.
24.
Support Groups: A Support Group shall include members with a community-group association or interest (e.g. women, youth,
taxpayers, occupational or small business groups, community volunteers, students and the like) active in promoting the principles
and platform of the Zimbabwean democrat. Support Groups may organise in parallel with the Province Branch organisation through
an annual conference, a central executive body and local electorate branches.
25.
Affiliated Organisations: The Province Conference may admit as an Affiliated Organisation any properly constituted body
upholding principles, objectives and policy positions consistent with those of the Zimbabwean Democrat and prepared to
give active support to ZD candidates in election campaigns.
26.
Divisions: A reference in the Constitution and Rules to a "division" of the Zimbabwean Democrat may include a Province
Branch, a Local Branch, a Support Group or an Affiliated Organisation, as appropriate.
27.
Province Conference: The Province Conference shall be the supreme governing body of the Zimbabwean Democrat within
each Province. It shall meet annually, or as otherwise required by the Province Executive or requested by a majority of Province
Branch divisions. A Province Conference may be convened by way of correspondence or by postal vote. In the case of a postal
vote, a copy of relevant motions, a succinct Provincement, where practicable, of arguments for and against and a ballot paper
to be marked "Yes" or "No" for any questions shall be posted to delegates. Delegates shall mark, sign and return their ballot
papers to the Province Executive by a stipulated date, and all votes, for and against, shall be counted and minuted with the
names of the voting delegates. Resolutions so determined shall have the full effect of Province Conference decisions.
28.
Representation at Province Conference: Each Local Branch, Support Group and Affiliated Organisation, shall be represented
at the Province Conference in proportion to its membership, as follows:
100 members or under - 3 delegates;
101 to 300 members
- 4 delegates;
301 to 900 members - 5 delegates, and 1 for each trebling of
the number of members thereafter, or
part thereof;
and the Province Secretary, or a proxy
from the Province Branch, and the Zimbabwean Democrat leader and deputy leader in each House of the Province Parliament
shall be ex officio delegates.
29.
Province Conference Procedure: The first item of business at Province Conference, upon delegates being credentialled,
shall be, without debate, to appoint a Minutes Secretary and, as required, a Returning Officer and assistant(s) and committees
of three to determine on the procedures for the election of Province Executive officers and Federal Conference delegates,
the hearing of appeals against suspension of membership or affiliation, the resolution of disputes, the times of sitting,
the business agenda and the standing orders for debate.
30.
Province Executive: The Province Executive shall be the ruling authority of the Province Branch between each Province
Conference, shall meet monthly, or at other agreed intervals and shall comprise the officers elected by an annual Province
Conference and, with notice of attendance given, other members delegated in accordance with the representation provisions
applying for Province Conference.
31.
Province Executive Officers: Office-bearers to be elected to the Province Executive shall be as follows:
a. President;
b. First Vice-President;
c. Second Vice-President;
d. Secretary;
e. Assistant Secretary;
f. Treasurer.
32.
Election of Province Executive and Delegates to Federal Conference: Nominations, in an approved form, for election as
a Province Executive officer or Federal Conference delegate shall be lodged with the Returning Officer, by nominees, before
the notified close of nominations at an annual Province Conference. Any vote required shall be conducted by secret ballot
and the members shall be informed of the closing time thereof. The applicable method of voting shall be optional quota/preferential.
Newly elected office-bearers and delegates may be installed at a convenient time before the close of Conference.
33.
Province Executive Sub-Committees: After an annual Province Conference, the Province Executive, as needed, shall appoint
sub-committees of three to five members to assist in conducting Province Branch business pertaining to -
a. Publicity and public relations;
b. Recruitment and training of members;
c. Fundraising and election organisation;
d. Other undertakings and projects;
and in making reports and recommendations,
thereon, to the Province Executive. Province Executive sub-committees shall also include, as ex officio members, the President
and Secretary of the Province Branch.
34.
Federal Conference: The supreme governing body of the Zimbabwean Democrat (ZD) shall be the Federal Conference,
meeting at the earliest practicable opportunity in the period between each federal election or as otherwise required by the
Federal Executive or requested by a majority of the Province Branches. The Federal Executive may convene a Federal Conference
by way of correspondence or by postal vote in the same manner applicable to a Province Conference. Any questions resolved
in this manner shall have the full effect of Federal Conference decisions.
35.
Representation at Federal Conference: Each Province Branch of the party shall be represented at Federal Conference by
delegates of the Province Branch in proportion to its membership, as follows:
100 members or under - 3 delegates;
101 to 300 members -
4 delegates;
301 to 900 members - 5 delegates, and 1 for each trebling of
the number of members thereafter, or
part thereof;
and each Federal/Province Secretary,
or a proxy from the respective Executives, and the Zimbabwean Democrat leader and deputy leader in each House of the
Federal Parliament shall be ex officio delegates.
36.
Procedure at Federal Conference: As applicable for Province Conference.
37.
Federal Executive: The Federal Executive shall be the ruling authority to administer the Zimbabwean Democrat,
interpret the Constitution and Rules and implement policy, in accordance with decisions of the Federal Conference. It shall
meet annually, or at other agreed intervals, and shall comprise the officers elected by the previous Federal Conference, each
Province Secretary, or a proxy from the Province Executive, and the Zimbabwean Democrat leader and deputy leader in each
House of the Federal Parliament.
38.
Federal Executive Officers: As for Province Executive Officers.
39.
Election of Federal Executive: As for Election of Province Executive
40.
Officials: The Federal/Province Executive at the respective level may appoint as salaried officials, and fix their conditions
of employment, any officer, or other member, to perform the work of the Zimbabwean Democrat, as directed.
Management and Decisions
41.
The management and control of the Zimbabwean Democrat, at any level of the organisation, and the development of policy shall
be entirely in the hands of the members. The Federal/Province Conference shall be the supreme policy-making body at the respective
federal/Province level and the policy platform shall be decided, in conformity with the Constitution and Rules, by a democratic
vote.
42.
In accordance with the Constitution and Rules, the members of the Zimbabwean Democrat, voting at the respective Federal/Province
Conference, shall be the final arbiters in all matters for decision within the party.
Public Comment
43.
Unless unavailable, the respective Federal/Province Secretary of the Zimbabwean Democrat shall be the sole officer to
make public comment on behalf of the Federal/Province organisation. The Federal/Province President may act instead, or be
further replaced, as the Federal/Province Executive may decide.
44.
Zimbabwean Democrat endorsed candidates and officers authorised by Local Branches, Support Groups or Affiliated Organisations
to represent their own domains may propagate the principles, policies and officially Provinced views of the Zimbabwean Democrat.
No member may comment publicly on another member, or on matters of organisation, election strategy or the voting ticket order
of preference, except as the respective Federal/Province Executive may decide.
Forming a Branch or Support Group
45.
With Province Executive approval, any member of the party may convene a meeting to form a Local Branch or Support Group, which
shall be constituted where the members present adopt a motion to the effect, "That this meeting supports the principles, objectives
and platform of the Zimbabwean Democrat and agrees to establish the . . .
. . . . . . . . . . . . . . Branch/Support Group, under the Constitution and Rules". Nominations shall be then sought and
an election conducted for the office-bearers of the Local Branch/Support Group formed.
Membership
46.
Except as the Federal Executive permits, a member of another political party must serve two years after formal resignation
from that party before making any application to join the Zimbabwean democrat. Local Branches, Support Groups and Affiliated
Organisations may otherwise invite applications, in an approved form, from supporters wishing to join. Where no division of
a Province Branch operates, application may be effected through the Province Secretary. The Province Executive may accept,
reject or reconsider any application and, where it reconsiders, its decision shall be final and conclusive.
47.
Except as the Province Executive may otherwise decide, office-bearers and party delegates and the members of selection committees
for Zimbabwean Democrat candidates for public office shall first have served one year as ZD members.
48.
Except as the Constitution and Rules may otherwise permit, office-bearers and party delegates and the members of selection
committees for Zimbabwean Democrat candidates shall have paid the annual membership fee and any arrears.
Affiliation
49.
Application for admission as an Affiliated Organisation shall be made through the Province Secretary, in an approved form.
The Province Executive may accept, reject or reconsider an application, and a decision to reject an application, after reconsideration,
shall be final and conclusive. Where any application is accepted, the Province Executive shall recommend to the next scheduled
Province Conference that the applicant be admitted as an Affiliated Organisation. The decision thereupon made shall be final
and conclusive.
Delegates
50.
Local Branches, Support Groups and Affiliated Organisations shall nominate delegates to attend the Province Conference and
Province Executive meetings. Where nominations exceed the number allowable, under the Constitution and Rules, an election
shall be held. Delegates to an annual Province Conference may further nominate for election as Province Executive officers
or as Federal Conference delegates. Delegates unable to attend a Federal/Province Conference may appoint a proxy, in a form
approved by the respective Federal/Province Executive.
Candidates and Elections
51.
As early as practicable, before any federal, Province or municipal election, the Province Executive may seek nominations from
intending Zimbabwean Democrat candidates in such elections. The Province Executive shall establish the rules for nominating
candidates and for conducting any selection ballot required, and shall have sole power to grant, withhold or withdraw ZD endorsement.
52.
The Federal/Province Executive shall have sole power to determine the order of preferences for any Zimbabwean Democrat how-to-vote
recommendation and the format of any how-to-vote ticket to be used in the respective federal/Province elections. The Province
Executive shall decide likewise in relation to municipal elections.
Finance
53.
Membership Fees: An annual membership fee shall be set, varied or waived by the Federal Executive for (a) single members and
(b) married couples, and, where due, shall be paid by the members through a Local Branch, Support Group or Affiliated Organisation.
Members not otherwise served by a division of a Province Branch may make payment to the Province Executive.
54.
Affiliation Fees: Delegates from Affiliated Organisations shall be members of the Zimbabwean Democrat and shall pay the
annual membership fee. For each delegate entitled to attend the Province Conference an Affiliated Organisation shall pay an
annual affiliation fee equal to its membership fee multiplied by the number of members represented by its delegates and further
multiplied by a fractional factor uniformly set by the Province Executive.
55.
Funds: All funds received by the Zimbabwean Democrat shall be deposited in a central account in the name of a recipient
Province Branch, with a financial institution approved by the Federal Executive. The funds shall be withdrawn by cheque or
order signed by any two of the (a) President, (b) Secretary and (c) Treasurer of the Province Branch or by transfers authorised
by the Province Executive. The Federal Executive shall hold only those funds transferred from each Province Branch as Federal
Conference Fees. Local Branches, Support Groups and Province Executive sub-committees shall retain only those funds returned,
transferred or reimbursed by the Province Branch for general administration and incidentals and held, as required, in "expense
accounts" operated by each Local Branch, Support Group or Province Executive sub-committee, in the name of the Province Branch.
Federal Executive and "expense accounts" shall be approved and operated as for the central accounts of Province Branches.
56.
Levies: As required, for election campaigns and other purposes, the Province Executive shall uniformly levy a percentage of
all funds collectable for the party by each Local Branch, Support Group or Affiliated Organisation.
57.
Federal Conference Fees: Entitlement to participate in any Federal Conference or Federal Executive meeting shall be subject
to the payment, by each Province Branch, of amounts set as Federal Conference Fees for delegates eligible to attend. The Federal
Executive shall set or adjust the level of such fees and shall give notice to each Province Branch of any amounts due.
58.
Audit: In accordance with a relevant approved standard, the Federal/Province Executive shall submit an annual financial report
and/or balance sheet to the respective Federal/Province Conference. Within three months from the close of the financial year,
Province Branch divisions and sub-committees shall submit a finance and/or membership report to the Province Executive, as
required.
Duties of Members
59.
The Federal/Province President shall preside at the respective Federal/Province Conference and Federal/Province Executive
meetings and be relieved by the First and Second Vice-President or immediate Past President, in that order. Where none of
these is available, the Conference or meeting shall elect a Chairman pro tem. The President/Chairman shall be responsible
for the maintenance of order, the proper conduct of business and observance of the Constitution and Rules. As far as applicable,
meetings at other levels of the Zimbabwean democrat organisation shall conform to this rule.
60.
The Federal/Province Secretary shall keep accurate account of all receipts and expenditure and prepare an annual financial
report and balance sheet for the respective Federal/Province Conference and Federal/Province Executive, maintain the record
of Conference resolutions and Executive business and remain current with general administration, correspondence and the notification
of any party Conferences or meetings to those eligible to attend. The Secretary of any Local Branch, Support Group or Affiliated
Organisation shall have comparable duties and may be directed by the Province Executive in the conduct thereof.
61.
The Assistant Secretary and Treasurer at any level of the party organisation shall assist the Secretary. The Secretary/Assistant
Secretary/Treasurer shall bank all monies collected, issue a receipt/membership ticket for every amount received and shall
return all financial records to the Province Executive, as required.
62.
Ordinary members of the Zimbabwean Democrat, according to their individual circumstances, shall be asked to donate to election
appeals, to distribute election material and to assist with the organisation of workers at polling booths. Articulate members
shall be urged to promote Zimbabwean Democrat policy in personal conversation or in short letters or comment to newspaper
editors and other media. All members may be asked to help in some way.
63.
Members active in any Local Branch, Support Group or Affiliated Organisation may organise on a regular basis, preferably in
pairs arranged at a meeting, to (a) contact and inform other members on activities and issues, (b) make new contacts, (c)
collect membership fees and (d) invite new members to join.
64.
At any meeting of a Local Branch, Support Group or Affiliated Organisation, members shall be encouraged to (a) report on issues
of social or political concern, (b) identify the Zimbabwean Democrat principles relevant to the issues, (c) instigate
action on the issues and/or (d) propose organisational or policy motions for the agenda at any subsequent Province Conference.
Arrangements for Conference
65.
The respective Federal/Province Executive shall set a date for any Federal/Province Conference required to be held. As near
as practicable to four months before Conference, the Federal/Province Executive shall notify the respective divisions of the
Federal/Province organisation and request that any motions for inclusion on the official agenda be submitted within two months,
or such other period as to allow reasonable time for the compiling of composite motions that may be required for effective
and expeditious proceedings.
66.
The respective Federal/Province Executive shall settle the official agenda and arrange for its printing and distribution to
the relevant divisions of the Federal/Province organisation as near as practicable to one month before the date of any Conference.
Members not served by an operational division of a Province Branch, but otherwise eligible to attend a Province Conference,
shall be entitled, upon request, to receive a copy of the agenda.
67.
The respective Federal/Province Executive shall anticipate need, at Conference, for the appointment of committees to determine
on matters pertaining to the credentials of delegates, the conduct of elections, appeals and disputes, the times of sitting,
the order of business and the standing orders for debate.
Attendance at Conference and Meetings
68.
The credentials of all delegates who shall attend a Federal Conference shall be submitted by each Province Secretary to the
Federal Secretary at least two months before the Conference, or by a later time fairly permitted by the Federal Executive.
69.
The credentials of delegates entitled to attend a Province Conference shall be submitted by the Secretary of each Local Branch,
Support Group or Affiliated Organisation to the Province Secretary at least two months before Conference, or by a later time
fairly permitted by the Province Executive. Members not served by an operative division of a Province Branch, but otherwise
eligible to attend, shall give corresponding notice of attendance.
70.
Any member, in accordance with the representation provisions which apply for Province Conference, may attend Province Executive
meetings and, where notice of attendance is given to the Secretary at least two weeks before, or later, if fairness permits,
shall be entitled to vote on any question arising therein. Where notice is not given, a member absent without apology at the
preceding meeting shall not vote on a question where objection is raised on the ground of such absence. The effect of this
rule shall apply to the meetings of any Local Branch or Support Group and the members thereof.
71.
All persons attending a Zimbabwean Democrat Conference or meeting shall be members, or visitors vouched for by members
or approved by the Conference or meeting. Where a member's credentials are in dispute, the member shall stand aside until
the matter is otherwise resolved by the Conference or meeting. A Conference or meeting may cause to be removed any visitor
for any reason.
Quorum
72.
A Federal/Province Conference of the Zimbabwean Democrat shall be constituted with a quorum of not less than one-half
of the delegates credentialled and entered on the attendance roll, plus one, and shall not otherwise proceed.
73.
Meetings of the Federal/Province Executive, of any Local Branch or Support Group or of any Zimbabwean Democrat sub-committee
shall be comprised of a quorum of not less than one-half of the number of office-bearers at the respective level, plus one.
Agenda at Conference and Meetings
74.
The business of Federal/Province Conferences, Federal/Province Executive meetings and meetings at other levels of the Zimbabwean
Democrat organisation shall be confined to matters required to be dealt with under the Constitution and Rules, to urgency
motions taking precedence in the order of business and to motions given on notice or entered on the official agenda. No new
business shall be considered unless leave is granted or, where leave is not granted, upon a three-fourths majority of eligible
members voting to suspend so much of the standing orders as may prevent such business being considered.
75.
A motion contrary to the Constitution and Rules or to a decision of a prior Conference or meeting of the Zimbabwean Democrat shall
not be entertained at a later Conference or meeting at that level, or at a subsidiary level of the party. This shall not preclude
consideration of a proposal to rescind a decision at the same level or to urge reconsideration or review of a matter decided
by a Conference or meeting at a higher level.
76.
A question resolved at any session of a Federal/Province Conference or other meeting of the Zimbabwean Democrat shall
not be reconsidered at the same Conference or meeting except with leave of the Conference or meeting or, if leave is not granted,
upon a three-fourths majority voting to suspend so much of the standing orders as may prevent the question being reconsidered.
Decisions at Conference and Meetings
77.
Except as the Constitution and Rules otherwise provide, any decision, ruling, consent, resolution, determination, agreement,
approval or the like, of a Conference or meeting, shall be by vote of a majority, which shall comprise not less than one-half
of the members present and entitled to vote, plus one.
78.
A majority of the Province Branches represented at any Federal Conference of the Zimbabwean Democrat may veto the
adoption of any decision not supported by a three-fourths majority of the delegates present and entitled to vote, where immediate
objection is raised.
79.
At any Conference or meeting, a question involving an interpretation of the Constitution and Rules, policy platform or official
directives to members in accordance with the principles of the Zimbabwean Democrat shall be decided first on a ruling
by the Chairman. Upon one-tenth of delegates or members present dissenting therefrom, and rising in their seats, the Chairman
shall vacate the Chair and move to the effect, "That the ruling from the Chair be upheld". The member first to dissent, or
one other, may speak in opposition, and the former Chairman shall have a right of reply. If the ruling fails to be upheld,
a motion asserting the alternative interpretation shall then be decided, without further debate, by resolution of a three-fourths
majority of the members present, failing which, the original ruling shall stand.
80.
At any Conference or meeting of the Zimbabwean Democrat, any protocol or procedure, whether or not in accordance with
the standing orders, shall be permitted, where leave of the Conference or meeting is granted. Leave shall be unanimous and
may be granted only where no objection is raised.
Notice of Motion
81.
At a Federal/Province Conference, Federal/Province Executive meeting or any other meeting of the Zimbabwean Democrat, notice of motion shall first have been required for otherwise new business to
be considered, unless the matter is urgent. Where given, such notice shall have been in writing, handed to the Secretary or
agenda committee, or minuted, and announced by the President or Chairman on a prior day of Conference or at a respective preceding
meeting.
Executive Recommendation
82.
A recommendation contained in a report from the Federal/Province Executive and put as a motion for resolution at a respective
Federal/Province Conference shall be supported, without amendment, or rejected. All members or delegates of the respective
Federal/Province Executive who voted on the recommendation, at the prior Executive meeting, shall support the recommendation
at Conference.
Divisions of Party to be Bound
83.
The Constitution and Rules and the standing decisions of any Federal/Province Conference of the Zimbabwean Democrat shall
be binding on the respective Federal/Province organisations, subsidiary divisions and the members thereof.
84.
A subsidiary division of the Zimbabwean Democrat shall not make a decision contradicting a policy resolution, directive
or ruling of a higher authority in the party. Such a decision shall breach the Constitution and Rules.
Order of Business
85.
Conferences of the Zimbabwean Democrat shall proceed in accordance with the extended order of business as follows:
a. Confirmation and adoption of credentials;
b. Pro tem and ad hoc appointments;
c. Timetable and announcements;
d. Notice of charges and appeals;
e. Prayer;
f. President's remarks or address;
g. Recording of attendance and apologies;
h. Confirmation and adoption of minutes;
i. Correspondence;
j. Finance report;
k. Executive report;
l. Other reports;
m. Questions and replies without discussion or debate;
n. General business agenda (including urgency motions);
o. Nomination for election of office-bearers and delegates;
p. Election and installation of office-bearers and delegates;
q. Notices of motion;
r. Adjournment;
provided that the order of business
may be abridged or varied in accordance with the standing orders. Meetings of the Federal/Province Executive, Local Branches
and Support Groups shall adapt the order of business, as required.
Standing Orders
86.
Conferences and meetings of the Zimbabwean democrat shall be conducted in accordance with the Constitution and Rules
and the standing orders.
87.
Conferences and meetings of the Zimbabwean Democrat shall make available, for reference, a copy of the Constitution and
Rules.
88.
A majority of the delegates or members entitled to vote at a Conference or meeting may abridge, vary or suspend the order
of business and the standing orders, pro tem, as far as the Constitution and Rules allow.
89.
Any reference in the standing orders to the President shall be taken also to include the Chairman for the time being.
90.
The President shall be responsible for the maintenance of order, the proper conduct of business and the observance of the
Constitution and Rules.
91.
Any member exhibiting unruly or disorderly conduct may be expelled from any meeting by the President.
92.
The President may participate in the debate on any question, but shall vacate the Chair for the duration of that debate and
the resolution thereof.
93.
The business of a Conference or meeting shall be confined to matters required to be dealt with in accordance with the Constitution
and Rules.
94.
Matters arising from the formal agenda of any Conference or meeting may be deferred for consideration under general business,
as convenient.
95.
An urgency motion may be proposed where leave is granted, or upon one-tenth of delegates or members present standing to indicate
support.
96.
A motion for suspension of the standing orders to vary the order of business or to constitute a Conference or meeting as a
committee shall contain the time for resumption of the standing orders, and shall be put without debate.
97.
No business at a Conference or meeting shall be introduced by way of personal correspondence but the subject matter of such
correspondence may be otherwise admitted as a matter for report.
98.
The allotted time for any report shall be ten minutes, with such extension of time as a presenter of a report may request
and the members present approve. An Executive report or a report of any Executive sub-committees may include recommendations
for resolution by a Conference or meeting.
99.
No discussion shall be allowed except on a motion duly proposed and seconded. Where no member rises to oppose or amend the
motion, the President shall at once proceed to take the vote.
100.
All substantive motions and amendments to motions shall be in writing and handed to the Secretary or agenda committee before
being moved and seconded.
101.
A motion on notice shall lapse at the time scheduled for its consideration where a mover or seconder fail to appear. Any motion
shall lapse for the want of a seconder.
102.
Any member proposing a motion or amendment, or otherwise seeking to speak on a matter being considered, shall rise and shall
address the President when duly called. Where two or more members rise at the same time the President shall call on the member
deemed first to rise.
103.
Any question pertaining to the business of a Conference or meeting shall be asked through the Chair.
104.
Any member speaking shall at once be seated if the President rises to speak or if a point of order is raised, and shall not
resume speaking before the President is again seated or the point of order is decided.
105.
The discussion on a question shall not exceed one hour except upon a motion, put without debate and carried, to the effect,
"That the time be extended". Thereupon, time shall be extended by one half hour. On expiry of the hour, or further time, the
question shall be then put, as the standing orders provide.
106.
A motion for the adjournment of a Conference or meeting, or of a debate, may be proposed at any time and shall not be discussed
or amended, except as to any time of resumption that differs from the ordinary course.
107.
A motion duly proposed and seconded, "That the question be now put", shall be put without debate. On being carried, the time
shall expire for debate on the original question, which shall be then put, as the standing orders provide.
108.
Not more than two members in succession may speak either for or against any motion or amendment. If no member rises on the
other side, after any second speaker, for or against, the time for debate shall expire and the motion and any amendment shall
be then put, as the standing orders provide.
109.
The seconder of any motion or amendment will be deemed to have spoken for the motion or amendment unless having expressly
reserved the right to speak.
110.
All motions proposed shall be (a) of an affirmative character, (b) withdrawn only by leave and debate thereon may be (c) adjourned
at intervals until a decision is reached.
111.
A motion may be amended at any time during debate thereon by (a) striking out certain words, (b) adding certain words or (c)
striking out certain words and substituting others, without altering the essential intent of the motion.
112.
Any speaker for or against a motion or an amendment shall have five minutes to address the question; but upon a motion being
carried, "That the speaker's time be extended", may speak for three minutes more. The mover of an original motion spoken against
shall have a right of three minutes for reply.
113.
No member shall propose more than one amendment or speak more than once on the same question, which shall include the motion
and all amendments thereto, except (a) in reply, on an original motion, (b) in explanation or correction of matter raised
in the debate, (c) on a point of order raised during the debate or (d) on a motion being carried, without debate, "That the
member be now heard".
114.
An amendment to a motion, once proposed and seconded, shall be the business before the Chair, but shall not preclude comment
on the original motion.
115.
A motion and an amendment having each been proposed and seconded, no further amendment shall be received until the disposal
of one of the former, but any member rising to speak to the question may announce further amendments, which shall be moved
and seconded in turn, without comment, after the vote is taken on the preceding amendment.
116.
An amendment, having been carried, shall replace the original motion and may be then further amended until a decision is reached.
117.
No vote may be taken on any question, whether or not the time has expired or the debate is otherwise terminated, until the
mover of the original motion spoken against has had the right of reply.
118.
The President shall put all questions in a clear and audible voice to the members present by asking the "Ayes" to vote first,
and then the "Noes", and shall declare which has the majority. Where one-tenth of the members present rise to demand a division
the President shall again take the vote, asking the "Ayes" to pass to the right and the "Noes" to the left, and the names
of all members present, and the direction of their vote, shall be minuted.
119.
No discussion shall be permitted on any question after it has been put to a vote, or during a division, except on a point
of order.
120.
Every member present during a division must vote, or be counted with the side on which seated.
121.
A member shall not vote during a division on any question if not present when the motion was first put.
122.
The President shall have a deliberative but not a casting vote, and, where a vote is tied, it shall be decided in the negative.
Consolidation
123.
After each Federal/Province Conference, the respective Federal/Province Executive shall incorporate any new policy decisions
into the party platform, with such consequential amendments as the decisions and satisfactory drafting require, without altering
the tenor or intent of the decisions, or of standing policy.
Disputes
124.
The Federal Executive may deal with and settle, as it thinks fit, any dispute between two or more Province Branches, subject
to any right of appeal to the Federal Conference.
125.
Subject to any appeal to the Province Conference, the Province Executive may deal with and settle, as it thinks fit, any dispute
involving two or more Local Branches, Support Groups or Affiliated Organisations, or where within any single division of the
Province Branch an urgent resolution is required.
Discipline
126.
Zimbabwean Democrat office-bearers, Federal/Province Conference delegates, and members selecting, or being selected as,
ZD candidates for public office shall pledge to uphold the principles, objectives and policy platform of the party and to
abide by its Constitution and Rules. They shall be members of no other political party and shall give no support to any candidate
for public office standing against one endorsed by the ZD. All members shall be deemed to have so pledged and to be so bound.
127.
The Executive of any division within a Province Branch may decide that an act or conduct of one of its members is contrary
to the party interest, and shall advise the member accordingly. Where the act or conduct is repeated, or is likely to be repeated,
the Executive of that division shall report the matter to the Province Executive and shall promptly inform the member. Subject
to the right of appeal, the Province Executive shall have power to deal with and settle a matter of discipline as it thinks
fit.
128.
A member, group of members or constituted division of the Zimbabwean Democrat deliberately breaching the Constitution
and Rules or engaging in acts or conduct contrary to the principles, platform and solidarity of the party, at federal or Province
level, shall incur such reprimand, suspension, expulsion, disaffiliation or dissolution as the respective Federal/Province
Executive may decide. A member, group or division to be so disciplined shall be promptly informed of the decision, and of
any reasons, and shall have a right, within one month therefrom, to lodge with the relevant Executive a written denial, apology
or explanation, and a request for reconsideration of the decision. At its first meeting after formally receiving such request
the Executive shall reconsider its original decision and shall promptly inform the member, group or division of its later
decision, and of any reasons. Upon notice of appeal being lodged within one month therefrom, with that Executive, there shall
be a right of appeal to the respective Federal/Province Conference next held, whose decision in the matter shall be final
and conclusive.
129.
The Federal Executive shall not discipline a division of a Province Branch, or member thereof, without the prior agreement
of the relevant Province Executive, but, in a disputed case, may take steps to intervene in the management of the Province
Branch, as far as the Constitution and Rules provide.
130.
Where a Province Branch of the Zimbabwean Democrat, or a constituted division thereof, acts in breach of the Constitution
and Rules or otherwise against party solidarity or the principles of democracy, justice and fairness, the Federal Executive,
where requested in accordance with the Constitution and Rules, shall convene a Province Conference, chaired by the Federal
President, to resolve an issue of confidence in the Province Executive. The Province President, or another member of the Province
Executive in stead, shall commence debate by moving to the effect, "That this Province Branch of the Zimbabwean Democrat has
confidence in the Province Executive". If the motion is lost, each position on the Province Executive, and for delegates to
the Federal Conference, shall immediately become vacant, and the Conference shall thereupon elect a new Province Executive
and delegates. Where the motion is carried, or where a new Province Executive becomes installed, the Federal Executive shall
withdraw, and the Province Branch shall resume control of its own affairs.
131.
Where a Province Branch of the Zimbabwean Democrat, or a constituted division thereof, acts in breach of the Constitution
and Rules or otherwise against party solidarity or the principles of democracy, justice and fairness, the Federal Executive,
requested by a majority of Province Branches, may suspend the Province Branch and thereupon order its expulsion from the Federation,
subject to an appeal to a Federal Conference called as soon as practicable within twelve months from the date of due notice
of appeal being lodged with the Federal Executive. Delegates from the suspended Province Branch shall have the right to vote
at the Conference but upon any decision upholding the expulsion shall immediately withdraw. The former Province Branch shall
thereupon forfeit all rights to use the records, funds, assets and name of the Zimbabwean Democrat and a new Province
Branch may be established in its place.
132.
Where a Local Branch, Support Group or Affiliated Organisation acts in breach of the Constitution and Rules or otherwise against
party solidarity or the principles of democracy, justice and fairness, the Province Executive shall have power to suspend
the division and to implement dissolution or disaffiliation, subject to appeal to a Province Conference called as soon as
practicable within twelve months of due notice of appeal being lodged with the Province Executive. Delegates from the suspended
division shall retain their right to vote at the Conference, but upon a decision upholding the dissolution or disaffiliation
shall immediately withdraw. Upon its dissolution or disaffiliation the former division shall forfeit all rights to use the
records, funds, assets and name of the Zimbabwean Democrat and a new Local Branch or Support Group may be established
in place of one dissolved.
133.
Any member, group of members or constituted division of the Zimbabwean Democrat disciplined by the Federal/Province Executive
shall have a right to appeal to the respective Federal/Province Conference, on notice of appeal being lodged with the respective
Federal/Province Executive within one month following the notification of the decision to be appealed against. An appeals
committee of the Conference may consider only succinct written submissions on the issue in question and shall make its recommendation
on the matter, by way of motion to the Conference. The decision of the Conference shall be final and conclusive.
Members Suspended or Expelled
134.
A member or group of members suspended or expelled (except as a constituted division of the Zimbabwean Democrat) shall forfeit
the right to attend any Conference or meeting of the party whilst the suspension or expulsion is in place. Where due notice
of appeal has been lodged, the suspended or expelled member or members shall have the right, at a Conference hearing the appeal,
to present a succinct written submission to an appeals committee and to be represented by other members present, in oral argument
or debate, as far as the standing orders provide.
Members of Parliament
135.
The Federal/Province Executive shall not instruct Zimbabwean Democrat Members of Parliament but may draw their attention
to the policy of the party and any act or conduct of a Member which it considers to be in breach thereof.
136.
Members of Parliament shall not be bound by any decision of a Federal/Province Conference inconsistent with the policy platform
of the party at the time of the previous election.
137.
Where a dispute arises between the Federal/Province parliamentary party and the respective Federal/Province Conference, a
joint Conference, consisting of an equal number of members from either side in the dispute and chaired by the respective Federal/Province
President, shall decide the matter in question. The President in any such case shall have a casting vote only.
Privilege
138.
The holder of any office or position of trust, at any level in the Zimbabwean Democrat organisation, shall keep confidential
any knowledge gained through holding such office or position of trust and shall make no disclosure about the party organisation,
its deliberations or its members without proper authority.
Trustees
139.
Until otherwise determined, in accordance with the Constitution and Rules, the Province Executive officers shall be the trustees
of any records, funds and assets of a Province Branch of the Zimbabwean Democrat.
140.
The Federal Executive officers, as trustees, shall administer the records, funds and assets of any Province Branch of the
party in temporary recess.
141.
Where a Province Branch ceases to exist and reconstitution of the Branch is not practicable, the Federal Executive officers,
as trustees, may distribute the records, funds and assets to the remaining Province Branches, in furtherance of the principles
and objectives of the party.
142.
Where a single remaining Province Branch of the Zimbabwean Democrat ceases to exist and its reconstitution is not practicable,
the former Province Executive officers of that Branch shall continue as trustees until having disposed of all the records,
funds and assets of the party, in such manner as would be in furtherance of the principles and objectives the party has upheld.
Alteration of Constitution and Rules
143.
Before coming into effect, an amendment to the Constitution and Rules of the Zimbabwean Democrat (ZD) shall first be
adopted by a Federal Conference where a majority of Province Branches have supported the amendment and where, at the preceding
Province Conference of each Province Branch comprising that majority, a three-fourths majority of the Province Conference
delegates approved the alteration proposed.
144.
Rules specific to any Province Branch and not contrary to the Constitution and Rules may be added, deleted or altered by that
Province Branch and shall apply to the Province Branch in question. Notwithstanding, where a Province Branch rule is inconsistent
with a relevant protocol or procedure adopted by the Federal organisation, the latter shall prevail.
145.
A proposal to amend the Constitution and Rules shall be disallowed where the proposal is contradictory to any fundamental
principle or objective of the Zimbabwean Democrat, whether or not expressly Provinced in the Constitution and Rules.
146.
The Federal Executive may transpose and re-number the clauses or sub-clauses of the Constitution and Rules, and may delete
or insert explanative headings, for purposes of a revision adopted by a Federal Conference, or a re-printing, but shall make
no other change.
Savings
147.
Until the reconstitution of a Branch of the Zimbabwean Democrat (ZD) of Zimbabwe in a Province other than Harare,
a three-fourths majority of a Province Conference of the Harare Branch shall be competent to adopt an amendment to the Constitution
and Rules. At any time, the effect of this rule shall apply, mutatis mutandis, to any single remaining Province Branch.
148.
Until the reconstitution of a Branch of the Zimbabwean Democrat (ZD) in a Province other than Harare, decisions of the
Province Conference and Province Executive of the Harare Branch shall have respective standing as Federal Conference and Federal
Executive decisions, to the extent of their relevance to the federal context. At any time, the effect of this rule shall apply,
mutatis mutandis, to any single remaining Province Branch.
149. The Constitution and Rules of the Zimbabwean Democrat (ZD) shall
be administered according to the letter, as far as it goes and, where the letter fails, according to its spirit.
