A
CODE OF CONDUCT TO GUIDE THE WORK OF THE COMMISSION ON GENDER
EQUALITY
1. INTRODUCTION
1.1. The following code of conduct is designed
to ensure that the operations of the Commission on Gender Equality
(established in terms of Section 119 of the Constitution of the
Republic of South Africa and functioning under the Commission
on Gender Equality Act of 1996) will be in the best interests
of the public.
1.2. The statutory and practical role of the
Commission on Gender Equality (CGE) is to serve the public interest
with integrity, honesty, impartiality and objectivity, in the
promotion and protection of gender equality.
1.3. These guidelines are intended to build
each individual Commissioner's personal code, which should include,
inter alia, honesty, truthfulness, trustworthiness, a sense of
justice and fairness, integrity and a commitment to gender equality.
1.4. The code of conduct provides operational
guidelines within the context of the powers, duties and responsibilities
of the CGE, as set out in the Commission on Gender Equality Act
(no. 39 of 1996), as a key institution in advancing democracy.
1.5. These guidelines are neither detailed,
nor exhaustive. Other necessary details can be found in the Operational
Guidelines, Regulations and Procedures document of the CGE.
2. PRINCIPLES OF PUBLIC LIFE WHICH GUIDE
THE CGE
2.1 Integrity
The integrity of the CGE should be upheld and
protected at all times. Commissioners should not abuse their position,
in the CGE to promote or prejudice the interests of any political
party. Commissioners should not place themselves under any financial
or other obligations to outside individuals or organisations,
that might influence them in the performance of their official
duties, or affect the independence of the CGE.
2.2. Accountability
In addition to the statutory requirements for
accounting to the President and Parliament (contained in Section
15 (2) of the Commission on Gender equality Act), the CGE will
ensure that it is accountable to the public, and must submit itself
to whatever scrutiny is appropriate to its office.
2.3. Impartiality
In the execution of their duties, Commissioners
should serve the public in an unbiased and impartial manner, and
should not unfairly discriminate against any person on the grounds
of race, gender, sex, marital status, sexual orientation, age,
disability, religion, conscience, belief, culture, language or
birth.
2.4. Transparency
Commissioners should be as open as possible
with regard to all decisions and actions taken in the performance
of their functions. The CGE should give the rationale for all
decisions, and restrict information only when it does not serve
the wider public interest.
2.5. Consultation and Participation
2.6. Accessibility
Commissioners must ensure that they are accessible
to the public, that their work and activities are easily understood,
and that information on programmes is widely disseminated.
2.7. Objectivity
In carrying out the functions of the CGE, decisions
must be made according to objective criteria and considerations
of equity. All decisions must reflect adequate and appropriate
justification, e.g.: making public appointments; awarding contracts;
or recommending individuals for rewards, benefits and sanctions.
2.8. Ethics/Anti-corruption Measures
Commissioners have a duty to declare any private
interests relating to their public duties. Should any conflict
of interests arise, steps should be taken to resolve this in a
manner which does not bring the CGE, its office bearer, or its
work into disrepute. In ensuring good professional standards,
the CGE shall promote anti-corruption measures both within the
Commission and in society.
2.9. Mutual Respect and Support
Interaction between Commissioners, staff, and
with the public must be based on mutual respect, support, and
the need to promote unity of purpose and solidarity in the pursuit
of the goals of the CGE.
2.10. Confidentiality
The right of confidentiality of Commissioners,
and of members of the public must be respected.
2.11. Leadership
Commissioners should promote and support these
principles and lead by example. The CGE should promote a participatory,
interactive and democratic style of leadership, directed towards
the attainment of the vision, mission and goals, and away from
self-promotion and personal prestige.
2.12. Selflessness
Decisions should not be taken in order to gain
financial or other benefits for Commissioners, their families
or friends. Commissioners should serve in the interests of society
as a whole, not for personal gain.
2.13. Modesty
The style and mode of operation of Commissioners
should be modest, and geared towards building a learning organisation
and an enabling environment.
3. PROFESSIONAL STANDARDS
3.1. Efficiency
Commissioners should perform their duties and
responsibilities in the most time- and cost-effective manner.
Public resources must be used in such a manner as to benefit those
in the greatest need. Duties should be executed in a professional
and competent manner.
3.2. Responsiveness
Commissioners are obliged to respond to the
public in accordance with their roles. They should exercise punctuality
in the execution of their duties at all times. The response to
the public should be informed by the need to be service-oriented,
rather than rules-driven.
3.3. Delivery
Commissioners must ensure that they are able
to deliver in accordance with the POA and agreed needs. Delivery
should be based on ensuring that resources are used in the interests
of the public need, and not to promote existing hierarchies and
systems of power.
3.4. Self-development
Commissioners must avail themselves of ongoing
training and development throughout their period with the CGE.
They should strive for excellence in their performance and social
relations.
3.5. Equity in Input and Output
Commissioners should ensure that the workload
is evenly distributed in terms of the time and effort contributed
by each Commissioner, to ensure the smooth functioning of the
CGE.
3.6. Self and Peer Evaluation
The CGE should embrace the principle of self
and peer evaluation. Such evaluation will at all times be constructive,
and aimed solely at improving the quality of work and developing
Commissioners to their full potential.
4. MODE OF BEHAVIOUR
4.1. The code reinforces the need for accountability
to Parliament, and includes the duty to give Parliament and the
public as much information as possible regarding the policies,
decisions and actions taken on gender issues. No commissioner
should deceive or knowingly mislead Parliament and the public.
4.2. Commissioners must not use public resources
for purposes outside of CGE work.
4.3. It is the duty of Commissioners to uphold
the political impartiality of the CGE.
4.4. Commissioners should endeavour to deal
with the affairs of the public sympathetically, efficiently and
promptly, without bias or maladministration.
4.5. Commissioners should not misuse their official
position, or information acquired in the course of their official
duties, to further their private interests, or the interests of
their friends and family. They should not receive benefits of
any kind from a third party, which might reasonably be seen to
compromise their personal judgement or integrity.
4.6. Commissioners should conduct themselves
in such a manner as to deserve and retain the confidence of Parliament
and the public they serve.
4.7. Where a commissioner believes he or she
is being required to act in a way which:
- is illegal, improper or unethical;
- is in breach of Constitutional convention or professional
code;
- may involve maladministration;
- is otherwise inconsistent with the code of conduct or best
practice he or she should report the matter in accordance
with agreed procedures. A Commissioner should also report
to the authorities, if required to do so.
4.8. Commissioners facing public scrutiny in
a matter of legal, financial, or any other impropriety should
accept the personal responsibility of responding in a manner which
at all times deflects negative publicity from the CGE.
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