R2K ACTIVIST CODE OF CONDUCT

(As adopted by 2020 National Summit)

A4 Poster here. Also see Sexual Harassment Policy & Anti-Corruption Policy.

1 Preamble

The R2K seeks to create a country and a world where we all have the right to know – that is to be free to access and to share information. This right is fundamental to any democracy that is open, accountable, participatory and responsive; able to deliver the social, political, economic, gender and environmental justice we need. On this foundation, we will build a society and an international community in which we all live free from want, free from fear, in equality and in dignity.
The R2K recognises the inherent dignity of all people – regardless of race, colour, creed, gender, sexual orientation, political opinion or origin.
We recognise that we come to the R2K with differences in access to power and privilege and different Life experiences. We confirm that these shape how we engage with the world and with each other.
Furthermore, we recognise that the issues that motivate us to struggle and that we seek to change are important and our pursuit of them is informed by our commitment to make a positive change in our own life, in that of our community and of the country.
We recognise and encourage a robust contestation of ideas, for it is in that contest that our new solutions lie.
We recognise that we do our best work when we work in solidarity with others, despite the surface differences constructed by society. In working together, shoulder to shoulder, we strengthen each other, building resilience and reliance on ourselves.
THEREFORE, we commit ourselves to creating a shared space for our activism that is welcoming, safe for all and reflective of our shared values and principles listed below.
We also commit to holding each other and ourselves accountable to these values and principles and to take action when we undermine or break them, without fear, favour or discrimination.

2 Mutual Respect

We affirm that all people have inherent human dignity and are worthy of our respect.
We commit to treat each other with respect at all times regardless of race, gender, class or age;
We commit to treat each other with respect and humanity especially when we differ in our opinions;
We understand that respect is mutual and must be given as well as demanded;
We commit not to discriminate against any member of the collective on any prohibited ground or on any arbitrary ground.
We agree to subject ourselves to the sanction of the collective should we fail to uphold this value.
Freedom of Expression
We affirm the right of every activist to express themselves and their opinions freely and openly;
We equally encourage activists to consider the impact of their opinions or expression on other members of the collective;
We will defend the expression of opinion or statements that may be uncomfortable, provocative or even offensive to some; or may be hurtful in the expression, so long as the statement is true and/or is not said with the intention to harm another activist or the collective;
We will not tolerate expression that amounts to hatred of another based on race, gender, ethnicity or religion;
We will not tolerate speech that is violent in nature, inflammatory or intended to incite violence against another;
We will also not tolerate any misinformation, disinformation or outright lies;
We will hold any activist to account for statements or expressions that seek to divide our collective, undermine our collective action, are derogatory of another fellow activist or which infringes on the inherent human dignity of another.
We agree to subject ourselves to the sanction of the collective should we fail to uphold this value.

3 Access to Information

We affirm our commitment to being transparent and open about our decision-making and decision-taking;
We affirm our commitment to providing access to information about R2K, its activities, its structures, its campaigns and organisation to activists within the R2K both proactively and upon demand;
We recognise and affirm our obligations to protect the personal information of activists and staff of the R2K;
Furthermore, we also commit to respect the confidentiality of information obtained during the course of R2K business and only to share the same with the express permission of the affected parties;
We recognise that the sharing of information is done in spirit of trust, and that violating the confidentiality of personal or organisational information breaks that trust.
We agree to subject ourselves to the sanction of the collective should we fail to uphold this value.
Participatory Democracy
We affirm our commitment to meaningful engagement and enabling the full participation of all activists (including the staff of the R2K) in all processes and platforms of the R2K;
We affirm the inherent equality of all activists in our meetings and platforms in respect of voice and opinion;
It remains the responsibility of each activist on an R2K platform to ensure that the space is created for all activists; this includes checking their own use of speaking time or space;
It remains the responsibility of each and every activist to ensure that they are adequately informed of the issues in order to make the best contribution;
We commit ourselves to contributing positively to build the Right2Know actively in whatever way we can;
We commit ourselves to ensuring that socially marginalised voices are recognised and encouraged to contribute;
We commit ourselves to meeting procedures that encourage meaningful engagement, the constructive expression of ideas and enable good dialogue;
We commit ourselves to seeking consensus as far as possible where there are decisions to be taken. In the absence of consensus, the matter may be settled by a significant majority (66%) of the meeting;
We agree to subject ourselves to the sanction of the collective, regardless of platform, should we fail to uphold this value.

4 Ethical Leadership

We recognise that every activist on our platforms is a potential leader; anyone who steps forward to contribute to taking action forward in support of our goals, is a leader;
In addition, we recognise that we may select/elect leaders to represent us as a collective and with a specific mandate. Such leaders always remain accountable to the general body of activists who have given them such a mandate regardless of the platform;
The policies and procedures of the organisation bind everyone within the R2K;
We commit ourselves to know and observe the policies, principles and Constitution of the organisation, and take responsibility for ensuring these policies are respected and upheld by others;
It is the fiduciary responsibility of all activists to take care of the resources of the R2K in service of the collective objectives;
There is a special fiduciary duty on those activists in formal leadership roles;
Wherever an activist finds themselves in a potential conflict of interest – whether relating to money or an undisclosed relationship or interest – they must declare the same immediately. Failure to do so may invite disciplinary sanction

Disciplinary Procedure for Activists.

1 Principles

The purpose of discipline is to correct unacceptable behaviour in terms of the R2K Activist Code of Conduct and not merely to punish transgressions. As far as possible, we will seek to restore comradely relationships. However, we recognise that some behaviours constitute a fundamental breach of our collective values or trust that may necessitate a termination of the relationship in order to maintain the integrity of our collective space.
Everyone has the right to be heard. No formal disciplinary action regarding a major/serious offence shall be taken before an enquiry has been convened to hear the case where the charged member shall have the right to state her/his case and to be represented.
Where found guilty, a member shall have the right of appeal in line with the disciplinary procedure below and within the stipulated time-frames. The implementation of the disciplinary action will be suspended until such appeal has been finalized.
All offences shall be dealt with in terms of the procedures set out below.

2 Provincial Level

Where a provincial structure has determined to discipline an activist member for a serious breach of the Activist Code of Conduct, the provincial structure shall determine the most appropriate form of the Enquiry.
A provincial enquiry may be conducted by:
1. A single Presiding Officer of the Enquiry duly nominated by the provincial structure; or
2. A Disciplinary Committee consisting of no more than 3 members, one of whom should be an elected Coordinator – unless the person alleged to have committed a breach of the Activist Code is a Coordinator.
The Provincial Disciplinary Enquiry may be conducted
1. On the papers, with any and all interested parties submitting their statements, arguments and any evidence in writing to the Chairperson or the Committee within such timeframes as may be determined by the Enquiry; or
2. By calling witnesses, cross-examining witnesses and the presentation of oral evidence and argument in a hearing.
A decision by a Provincial Disciplinary Committee shall be submitted in writing to the Provincial Structure and the Activist against whom the complaint was made within 14 days of the conclusion of the hearing or the closing date for submission of documents in (a) above.

3 Appeal against a decision of the Provincial Structure

An Activist who has been found guilty of a breach of the Activist Code of Conduct by either a Presiding Officer of an Enquiry or a Provincial Disciplinary Enquiry and whose sanction consists of either a suspension from the Province, the imposition of a fine or similar or partial or total expulsion from the Campaign, may appeal to the NWG in writing within 7 calendar days.
The Activist concerned must lodge the appeal in writing detailing the grounds for the appeal which may include:
1. That the Presiding Officer/Disciplinary Committee made a mistake – in relation to the governing R2K Policies or in relation to the facts of the matter; or
2. That the Presiding Officer/Disciplinary Committee conducted the disciplinary hearing in a manner that was procedurally unfair; or
3. That the sanction imposed by the Presiding Officer / Disciplinary Committee was too harsh or was inappropriate and the reasons for such a claim; or
4. That new evidence that was not considered at the disciplinary enquiry had subsequently arisen and should be considered
The Presiding Officer/Disciplinary Committee will be given 48hrs to respond to the grounds of the appeal as submitted by the Activist.
The NWG will mandate either a single Presiding Officer or a team of no more than 3 members with a Chairperson to hear the Appeal on the papers. The Presiding Officer / members of the original provincial Disciplinary Committee of the Disciplinary Enquiry cannot be part of the Appeal Team.
The Presiding Officer or Team considering the appeal will then consider the submissions and will make a written finding within 72 hours.
This decision on the appeal will be final; there can be no further internal appeal.

4 Appeal against a decision at National Level

Where the National Working Group has determined to discipline an activist member of a national structure for a serious breach of the Activist Code of Conduct, the NWG shall determine the most appropriate form of the Enquiry.
A national enquiry may be conducted by:
1. A single Presiding Officer of the Enquiry duly nominated by the national structure; or
2. A Disciplinary Committee consisting of no more than 3 members. In the first instance, the Committee should constitute members of the NWG; the Committee may also comprise external members brought in to help the Committee with their specific expertise.
The National Disciplinary Enquiry may be conducted
1. On the papers, with any and all interested parties submitting their statements, arguments and any evidence in writing to the Chairperson or the Committee within such timeframes as may be determined by the Enquiry; or
2. By calling witnesses, cross-examining witnesses and the presentation of oral evidence and argument in a hearing.
A decision by either the Presiding Officer of the Enquiry or a National Disciplinary Committee shall be submitted in writing to the NWG and the Activist against whom the complaint was made within 30 days of the conclusion of the hearing or the closing date for submission of documents in (a) above.

5 Appeal against a decision of the National Working Group

An Activist who has been found guilty of a breach of the Activist Code of Conduct by either a Presiding Officer of an Enquiry or a National Disciplinary Enquiry and whose sanction consists of either a suspension from the National Structure , the imposition of a fine or similar or partial or total expulsion from the Campaign, may appeal against such a decision to the NWG in writing within 14 calendar days of the decision of the Disciplinary Enquiry being made known.
The Activist concerned must lodge the appeal in writing detailing the grounds for the appeal which may include:
1. That the Presiding Officer/Disciplinary Committee made a mistake – in relation to the governing R2K Policies or in relation to the facts of the matter; or
2. That the Presiding Officer/Disciplinary Committee conducted the disciplinary hearing in a manner that was procedurally unfair; or
3. That the sanction imposed by the Presiding Officer / Disciplinary Committee was too harsh or was inappropriate and the reasons for such a claim; or
4. That new evidence that was not considered at the disciplinary enquiry had subsequently arisen and should be considered
The Presiding Officer/Disciplinary Committee will be given 7 calendar days to respond to the grounds of the appeal as submitted by the Activist. The Presiding Officer / Disciplinary Committee may elect not to respond further, in which case the Appeal structure will consider fully the Disciplinary Enquiry Report.
The Appeal structure will not be the NWG but rather, an independent appeals tribunal appointed for that purpose by the NWG annually.
The Independent Appeals Tribunal will consist of 1 or 3 members appointed by the NWG within the first month of their term of office and will serve in that capacity for the duration of the term of the NWG. The members will be drawn randomly from up to 3 names per province proposed by the provinces. The members of the Independent Appeals Tribunal shall have experience in conducting disciplinary processes in either workplace or activist spaces.
The Independent Appeals Tribunal will be competent to hear appeals from either the member or from the NWG if similarly, the latter believes:
1. That the Presiding Officer/Disciplinary Committee made a mistake – in relation to the governing R2K Policies or in relation to the facts of the matter; or
2. That the Presiding Officer/Disciplinary Committee conducted the disciplinary hearing in a manner that was procedurally unfair; or
3. That the sanction imposed by the Presiding Officer / Disciplinary Committee was too harsh or was inappropriate and the reasons for such a claim; or
4. That new evidence that was not considered at the disciplinary enquiry had subsequently arisen and should be considered
Where the NWG seeks to appeal the outcome of the enquiry, similar time-frames as contained above will apply.
The Independent Appeals Tribunal will convene within 7 days of the submission of the response by the Presiding Officer / Disciplinary Committee and will attend to the appeal either
1. On the papers; or
2. By calling for oral submissions from any interested party.
The Independent Appeals Tribunal will then consider the submissions and will make a written finding/decision within 14 days of receipt of all written and/or oral submissions.
This decision on the appeal will be final; there can be no further internal appeal.

6 Precautionary Suspension of Activists

Any R2K Provincial or National structure may suspend an Activist from that structure pending an investigation as a precautionary measure if any of the following is present:
1. The Activist is alleged to have committed a serious breach of the Activist Code of Conduct; and
2. The continued participation/presence of the Activist concerned may interfere with the investigation and/or inquiry; or
3. The continued participation/presence of the Activist may threaten/endanger the wellbeing or safety of any person within the Campaign either in the province or nationally; or
4. There is a risk that the Activist is likely to repeat the same or similar offence in the period of the investigation and/or disciplinary enquiry.
The Provincial Coordination structure or the NWG (whichever is the appropriate structure) must consider such reasons.
Should those reasons submitted by the Activist not be accepted, a suspension notice will be sent to the him/her in writing (including electronically) within 24 hours.
The suspension will include all activities and attendance at all meetings of the provincial and/or national structure (as is appropriate). The suspension notice will include the level of activities from which the Activist is suspended as well as the duration of the suspension.
The Activist remains subject to the Activist Code of Conduct of the Campaign for as long as s/he identifies her-/himself as a member of the Campaign. As such s/he must cooperate with any investigation and respond to any instruction during the suspension.
A disciplinary hearing will be convened as quickly as possible should the investigation indicate that disciplinary action should be taken.
The Provincial or National structure that issued the suspension notice may lift the suspension before the expiry of the suspension period if the relevant factors in 1 above no longer apply.

7 Schedule of offences and sanctions

The National Summit resolved that the Schedule of offences be finalised and adopted within 3 months of the Summit. This Schedule will be used a guideline in applying the Activist Code and Disciplinary Procedure.

The purpose of disciplining a comrade is to correct behaviour that undermines the collective in the first place. The intention is to ensure that the collective spaces are safe enough to hold everyone and resilient enough to allow for robust contestation, debate and interaction in a spirit of comradeship.

Category	Misconduct	1st Offence	2nd Offence	3rd Offence

Uncomradely behaviour	Use of foul, derogatory, insulting language, signs or clothes
	Poor timekeeping that amounts to disrespect


	Bringing the R2K into disrepute	Warning	Suspension	Expulsion
Freedom of Expression
	Abuse of the social media and other communication channels
	Hate Speech

Dishonesty	Theft
	Misappropriation of funds
	Unauthorised possession of R2K/someone else’s property
	Falsifying reimbursement claims
	Misrepresentation

Violence	Assaulting a fellow activist	Mandatory Suspension	Expulsion from the R2K
	Incitement to do violence	Warning/ Suspension	Expulsion
	Intimidation	Warning	Suspension
	Bullying
	Harassment on a prohibited ground	Mandatory Suspension	Expulsion
	Sexual Harassment	Mandatory Suspension	Expulsion from the R2K
Breach of duty to act in good faith

R2K Activist Code of Conduct