Tanzania
Public Service Act
Local Government Service (Staff Code of Conduct) Regulations, 2000
Government Notice 279 of 2000
- Published in Tanzania Government Gazette
- Commenced on 4 August 2000
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (regs 1-3)
1. Citation
These Regulations may be cited as the Local Government Service (Staff Code of Conduct) Regulations.2. Application
These Regulations shall apply to all Local Government Authorities established in accordance with section 5 of the Local Government (District Authorities) Act 1, and section 5 of the Local Government (Urban Authorities) Act 2, and shall be read together with the Local Government Staff Regulations.3. Interpretation
In these Regulations unless the context requires otherwise—"Act" means the Local Government Service Act 3;"Commissioner" means the Ethics Commissioner appointed under section 20 of the Public Leadership Code of Ethics Act 4;"complaint" means a complaint made against a staff member of the council regarding his conduct and duly filed with committee responsible for staff ethics under these Regulations;"conflict of interest" means a situation where a person who has a responsibility to be involved in making an impartial, or unbiased decision is himself a part to, or has a direct or indirect pecuniary or personal interest upon which one will benefit or expect to benefit from the decision to be reached;"corrupt practice" means and includes any dishonest behaviour done by a local government officer acting in public office or on his or her own behalf which involves corruptly soliciting, receiving, giving or agreeing to receive any gift, loan, fee, reward or advantage in consideration of doing or forbearing to do anything in connection with the council;"councillor" means a member of the council;"Director" means a District Executive Director of a district council or a Director of a town, municipal, or city council;"disclosure" means and includes revealing a fact or information known to oneself that is required to be revealed in accordance with these regulations;"Ethics Committee" means a committee of the council responsible for ethics under these Regulations;"Local Government Act"—(a)when used in relation to district authorities means the Local Government (District Authorities) Act 5; and(b)when used in relation to Urban Authorities means the Local Government (Urban Authorities) Act 6;"local government authority" means a District Council or an Urban Council;"local government office" means an office of emolument in the Local Government Service;"local government officer" means a person holding or acting in a local government office but does not include employees in auxiliary grades;"local government staff" means an employee who is employed by or is in the service of a local government authority but does not include a casual labourer;"local government staff regulations" means regulations made by the Minister pursuant to the provisions of section 33A of the Act;"maladministration" means and includes a failure or negligence to properly discharge public responsibility or a breach or abuse of laid down procedures;"management functions" means the functions the implementation of which calls for technical knowledge, experience or speciality;"member" means a member of a council elected in pursuance of the provisions of the Local Government (Elections) Act 7, and includes a member of Parliament and other members of the council who are members pursuant to the provisions of the Local Government Acts 8;"Minister" means the Minister for the time being responsible for local government;"misconduct" includes any act done without reasonable excuse by a local government officer which amounts to a failure to perform in a proper manner any duty imposed on him or displaying behaviour prejudicial to the efficient conduct of council affair or tends to bring the council into disrepute or damage the integrity or confidence of the public in the council;"Political party" means a political party registered under as such in accordance with the provisions of the Political Parties Act 9;"standards" means the standards set by the Council in conformity with National Standards.Part II – Government principles, vision, mission and objectives (regs 4-7)
4. Vision
A local government officer shall in the discharge of his responsibilities be guided by principles of efficiency, effectiveness, diligence, discipline, honesty and should be client service oriented.5. Mission
The mission of local government staff shall be to implement council policies, programmes and decisions and to assist councillors in a professional, technical and effective manner in carrying out their representative and decision making functions.6. Objective
The objective of these Regulations is to prescribe rules of conduct which will enable local government staff to discharge their responsibilities in an ethical, efficient and effective manner.7. General principles to be invoked by the code
A local government officer shall at all times exhibit the highest standards of personal conduct in the performance of his duties and shall observe the following principles of conduct namely:Part III – Personal attributes (regs 8-11)
8. Openness, honesty and integrity
A local government officer shall—9. Ethical behaviour
For the purposes of enhancing public confidence a local government officer shall observe the highest standard of ethical behaviour at all times when he remains a council employee.10. Liabilities and personal associates
A local government officer shall not abuse his public trust and confidence by:11. Sexual relationship
Part IV – Performance standards and Modus operandi (regs 12-19)
12. Adherence to established standards
A local government officer shall be required to understand the established performance indicators, means, procedures and system of measuring those indicators and adhere to, and work towards the achievement of the standards set out nationally and by the Council.13. Officers' conduct and performance of duties
14. Officers to be efficient and effective in their work
15. Achievement of performance standards
In discharging his duties a local government officer shall conduct himself in a manner as to ensure that he—16. Rules of conduct, merit and integrity
17. Privileged, confidential, classified and secret information
18. Disclosure of information and communication with the press
19. Compliance with other Code of Conduct
Local government staff shall understand and abide by these Regulations, Code of Ethics and Code of Conduct for the Public Servants and any other professional code of ethics relevant to his or her profession.Part V – Council property, transparency and accountability (regs 20-22)
20. Council property and resources
Local government staff shall safeguard properties and other resources of the council and ensure efficiency and cost effectiveness in the use of council resources by avoiding and preventing damage, loss or misappropriation of the council property and resources.21. Use of Council properties and resources
Local government staff shall ensure that council funds, resources or other property are applied and used for the following purposes:22. Transparency and accountability
In the day to day discharge or exercise of responsibilities in the delivery of services, a local government officer shall be—Part VI – Conflict of interest, integrity and political neutrality (regs 23-32)
23. Prohibition of conflicting activities
A local government officer shall not engage in business or professional activities, which would conflict with the activities assigned to him while his employment subsists.24. Respect of, and demarcation of roles
A local government officer shall not, while performing their advisory functions, assume policy and decision making powers of the council.25. Officer not to be interested in contracts
26. Conflict of interest
27. Disclosure of interest
28. Register
29. Political impartiality
30. Restriction in participating in political activities
31. Gift rewards and hospitality
A local government officer or any member of his family shall not receive gifts, presents in the form of goods, money entertainment or service that may be regarded as compromising his integrity or undermining his impartiality.32. Personal gain
A local government officer shall not use his public position or any legal relationship arising therefrom like privilege, trusteeship or confidentiality in order to—Part VIII – Breach of code and enforcement mechanism (regs 33-40)
33. Offences and breaches of these Regulations
A local government officer commits a breach of these Regulations if—34. General penalty
35. Committee responsible for personnel to be a body responsible for staff ethics
36. Who may complain
A complaint may be presented by any one or more of the following persons namely—37. Procedure for submitting complaint
38. Committee responsible for staff matters to adjudicate on complaints
39. Determination of complaints
Where the committee responsible for staff matters makes a determination of a complaint submitted before it and finds that the breach made by the staff is:40. Appeal
Any person aggrieved by a disciplinary action taken against him may appeal in accordance with procedure provided for under the Local Government Staff Regulations.History of this document
31 July 2002 this version
Consolidation
04 August 2000
Commenced