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  I F P Constitution

CONSTITUTION OF THE

INKATHA FREEDOM PARTY

 

[As amended by the 2006 Annual General Conference]

 

TABLE OF CONTENTS

 

 

PREAMBLE

STATEMENT OF BELIEF

CHAPTERS

I      THE AIMS AND OBJECTIVES OF THE PARTY

II     MEMBERSHIP – DUTIES, OBLIGATIONS AND RIGHTS

III   ORGANISATION OF THE PARTY AND POLICY FORMULATION

IV   THE NATIONAL COUNCIL AND ITS FUNCTIONS

V     WOMEN’S AND YOUTH BRIGADES

VI   ORGANISATION OF THE PARTY AT PROVINCIAL, DISTRICT AND

        LOWER LEVELS

VII  ANNUAL GENERAL CONFERENCE

VIII FINANCIAL PROVISIONS

IX   MISCELLANEOUS

X    DISCIPLINARY PROCEDURE RULES

 


CONSTITUTION OF INKATHA FREEDOM PARTY
(Hereinafter referred to as the Party)

 

 

PREAMBLE

 

1.           EMBRACING the principles of African humanism otherwise known as uBuntu/Botho and accepting that governments are instituted and maintained to promote and protect human dignity, personal growth and fulfilment, and the individual pursuit of happiness;

2.            INSPIRED by a political and constitutional vision that promotes and protects political, economic, social and cultural pluralism in an open society;

3.          BOUND by an unwavering and uncompromising political commitment to foster the establishment of a truly open, free, libertarian, equal-opportunity, and reconciled society with democratic safeguards for all people regarded both as individuals and as members of the social formations to which they belong;

4.           RECOGNISING the need to harness the great resources of the country to fight the real enemies of the people, namely: poverty, hunger, unemployment, disease, ignorance, insecurity, homelessness and moral decay;

5.           DESIRING to ensure a fair distribution of the wealth of the country for the benefit of all its people, by means of political and economic structures that encourage free enterprise and create wealth, while promoting social justice and social responsibility and solidarity throughout the country and within our communities, families and workplaces;

6.           WISHING to give our Party a type of internal organisation which reflects our pluralist, federalist, democratic and non-authoritarian ideals; and

7.            PLEDGING our Party to ensure the maintenance of a stable, peaceful society in which all people can pursue their individual and collective happiness, and realise their potential without fear or favour.

 

 

THEREFORE, SHARING A COMMON BELIEF AND VISION,

WE COMMIT OURSELVES TO THE AIMS AND OBJECTIVES OF THE INKATHA FREEDOM PARTY AS SET OUT IN THIS CONSTITUTION

AND WE PROCLAIM AND GIVE TO OURSELVES THIS CONSTITUTION

 

 

STATEMENT OF BELIEF

 

1.           We believe that the political stability and economic prosperity of our society must be founded on a humanistic culture of respect for the people, regarded both as individuals and as members of the social and cultural formations to which they belong.

 

2.            We believe in equality before the law, and in the intrinsic value of the rule of law as the cornerstone of a free and just society under the law. We are committed to eradicating the rule of man and substituting it with the rule of law. We believe in advanced constitutionalism and in the need for a justiciable, rigid and supreme constitution. We believe in the absolute integrity and impartiality of government’s institutions and in the separation between Party and State and between private and public interests.

 

3.            We believe that social justice is the main goal of organised societies. We believe that the achievement of social justice must express the value of the freedom of our people and promote the long-term social and economic development of our society as a whole, as well as the personal growth and development of our people. We believe that promoting social justice is both a collective and individual responsibility. Therefore, we believe in effective and real equal access to all available social, economic and political opportunities, and we reject any form of communism and autocratic populism.

 

4.            We believe that it is the duty of all governments to uplift society as a whole, paying special attention to the under-privileged and the victims of apartheid, while removing all social and economic hindrances preventing individuals from developing to the maximum their abilities and potential.

 

5.            We believe that individual and collective rights are the foundation of society, and that all human rights must be protected, made justiciable and entrenched in the constitution with respect to all relations under the control of government. We also believe that an advanced culture of human rights protection must be developed to redress not only old and well-known forms of abuse, but also to prevent new forms of abuse of the people by the actions of government and organisations which exercise control or power over the people.

 

6.           We believe in the value of pluralism as a political philosophy which promotes freedom, and as a technique of structuring government and governance in a diverse society.

 

7.             We believe that political pluralism in our country must be protected and promoted by means of strong federalism, protection of political minorities, a parliamentary system of government, the practice of direct and participatory democracy, accountability of political representatives, and efficient, transparent and good government and public administration.

 

8.            We believe that social and cultural pluralism must be protected and that to this end the integrity, preeminence and role of civil society must be constitutionally entrenched to ensure that it is government which serves society and not vice versa. We believe in the autonomy of social and cultural formations, ranging from family structures and traditional organisations to universities, professional associations, trade unions and associations of all types which shall be free from government control and interference.

 

9.            We believe that the self-identification of individuals within a particular social and cultural milieu is essential to their identity as South Africans, and that culture, religion, morality and societal organisation belong to the people and shall never become a business of government.

 

10.        We believe in a libertarian political culture of tolerance and non-violence which promotes the direct empowerment of the people, communities and social and cultural formations with the regulation and administration of their own interests, and which rejects all forms of authoritarianism, paternalism and centralism.

 

11.          We believe in economic pluralism based on a system of free-market enterprise which ensures that the resources and the wealth of our country belong, and are made accessible to all the people, and therefore, we also believe that government shall not directly participate in economic enterprises or activities in all cases in which the private sector can provide the required product or service.

 

12.         We believe that the role and scope of government must be limited to ensure the protection of corresponding areas of individual and collective freedom, liberty and autonomy.

 

13.         We believe therefore that the final transition from an unjust society to a just society will be a difficult one. We are committed to developing a culture of reconciliation, human respect and the promotion of personal growth, so as to redress the historical human and spiritual costs suffered by the people of our country because of apartheid and some stages of the liberation struggle.

 

14.          We believe in a free and open society based on respect and tolerance, in which men and women may pursue their happiness, nourish their values and appreciate the spiritual intangibles which make life a unique experience and a divine gift. We believe in the right and duty of any new generation to move the world forward in developing new ideas and challenging past social conventions, dogmas and superstitions.

 

15.          We believe that South Africa faces one of the greatest challenges ever posed to a country, and which will be won only if all South Africans join hands to free all the people from the slavery of poverty, ignorance, and social and cultural segregation, while respecting their individual and collective rights and diversity, and preserving the long-term viability of the economy by promoting a culture of excellence and individual reward for industriousness and achievement.

 

16.          We believe in the value of the culture of self-help and self-reliance as the engine through which each building block of our society may participate in improving South Africa, and call for an all-inclusive and perpetual revolution of goodwill which empowers people of goodwill in their families, workplaces, communities and relevant levels of government, to improve on their immediate social and economic conditions.

 

17.               We believe that it is the inalienable right and duty of the people to stand up at any time to fight for that which is right and against that which is wrong, and we believe that this is the fundamental and unchangeable mission statement of the Inkatha Freedom Party.

 

 


CHAPTER I

THE AIMS AND OBJECTIVES OF THE PARTY

 

1.1          To promote and encourage the development of the people spiritually, economically, educationally and politically.

 

1.2          To eradicate all forms of corruption, exploitation and intimidation of man by man, fighting and opposing the ancient as well as the modern evils of government and all forms of social injustice.

 

1.3          To bring about the transformation of our society and system of government to ensure the long-term protection of political, economic, social and cultural pluralism.

 

1.4          To ensure equal and effective access to all available social, economic and political opportunities and equal treatment for all people in all walks of life.

 

1.5          To co-operate with any movement or organisation acting for the improvement of the conditions of the people.

 

1.6          To reach the real and factual elimination from our society of all forms of discrimination based on race, origin, sex, colour or creed.

 

1.7          To protect, encourage and promote free trade, commerce, industry and agriculture, along with the conservation and rational use of natural resources.

 

1.8          To encourage all citizens to actively participate in all sectors of the economy and social life, and to promote the concept of participatory democracy with respect to the activities of any government.

 

1.9          To maintain and entrench a justiciable Bill of Rights reflecting the highest standards of individual and collective human rights’ protection.

 

1.10        To foster a consciousness of patriotism and a strong sense of national unity in diversity based on a common loyalty to our land.

 

1.11        To propagate among our people the spirit of self-help and self-reliance.

 

1.12       To co-operate locally and internationally with all parties and organisations working for international peace and a world-wide open society based on the complete eradication of all forms of national and international oppression and on the recognition of cultural and national diversities.

 

1.13        To promote and support worthy customs and cultures of all South Africans, protecting the plural nature of our society.

 

1.14        To give effect to the principles approved from time to time by the appropriate organs of the Party.

 

1.15        To carry out any other activities which, in the opinion of the Party, are conducive to the attainment of the aims and objectives of the Party.

 

 

CHAPTER II

MEMBERSHIP - DUTIES, OBLIGATIONS AND RIGHTS

 

Membership

2.1         Membership of the Party shall be voluntary and open to all South African citizens who fully subscribe to the Preamble, Statement of Belief and accept the aims and objectives and rules of the Party.

 

2.2          An application for membership shall be submitted orally or in writing to the appropriate Party official at specified offices of the Party and it should specify the ward in which he or she intends to perform his or her political activity.

 

2.3         Membership shall be conferred to an applicant upon payment of a prescribed subscription fee and shall ordinarily be valid for one (1) calendar year commencing on the 1st January and ending on the 31st December of each year. This will apply even where a member subscribes after January unless payment has been made for a specified period.

 

2.4             A member shall be eligible to occupy an official position in the structure only after serving for a period not shorter than twelve (12) months as an ordinary member unless the relevant structure is newly established.

 

 

2.5          Members shall be eighteen years of age or older and subscribe to the conditions of membership.

 

2.6         Membership fees shall be determined from time to time by the National Council on the basis of proposals to it from the Treasurer-General after consultation with the Finance Committee.

 

Duties and Obligations

2.7            Every member shall be obliged to promote the unity of the Party at all times and on all levels and shall refrain from any activity that creates disunity, sectarianism and disruption of the services of the Party.

 

2.8            Every member shall swear to uphold the principles and policies of the Party as enshrined in this Constitution and shall pledge himself/herself to voluntarily join expecting nothing in return by way of personal gain and/or position.

 

Rights

2.9          A member of the Party shall enjoy the following rights:

[a]           to elect and to be elected to any office of the Party at any level;

[b]           to elect and to be elected to any Committee of the Party at all levels;

[c]           to criticise any shortcomings in the Party at its meetings when there are due reasons and grounds;

[d]           to attend in person meetings of the Party that discuss and pass decisions on his or her activities and work;

[e]           to request the Committee of the Party at all levels up to and including the National Council to consider any questions or petitions;

[f]            to freely take part in discussions on the work and policies of the Party;

[g]           a member may stand for and hold any position in the Party, save that one may not simultaneously hold more than one office bearer position, i.e. one derived from a direct election from a Party structure.  Positions held in an ex officio capacity or held by virtue of one’s office or as a Member of the National Council or as nominated by the National Council are exempt from this rule;

[h]           a Party Office Bearer may also hold office in government, save that one may not simultaneously be a Chairperson of a Constituency and a Mayor of a Local Municipality or a Chairperson of a District and a Mayor of a District Municipality or Metropolitan Municipality.

 

 

CHAPTER III

ORGANISATION OF THE PARTY

 

Party Structures

3.1              The Party is a juristic person, which, subject to this Constitution, shall have the power to sue and be sued in its name.  Subject to this Constitution, each Province is a distinct juristic person responsible for its activities in respect of which it may sue and be sued in its name.

 

3.2              The Party shall be organised in National, Provincial, District, Constituency and Branch structures, each of which shall be primarily responsible for its own organisation and administration.

 

3.3              The Party’s organisation shall be based on a differentiation between the roles, offices and functions which are political and those which are administrative, provided that:

[a]           this shall not preclude those involved in political activities and roles from fulfilling their duty to contribute to the administration of the Party, and

[b]           both those involved in political activities and those attending to administration shall respect and promote the principle that Party structures are to serve and support all relevant Party leaders and constituencies equally and without favour, bias or prejudice.

 

3.4              There shall be one or more branch in each ward of a local municipality.  In Traditional areas a branch shall comprise the area of the Induna’s/Headman’s ward.  In the suburbs and the rest of the country polling stations or sections of a township could be considered in the demarcation of branches in the ward. A Constituency shall comprise the territory of a local municipality, a District the territory of a district municipality or metropolitan municipality, and a Province the territory of a province, provided that a Province may elect to establish sub-provinces as approved by the Secretary-General and the National Council.

 

3.5             District, Constituency and Branch organisation and administration shall be primarily accountable to, and report within Provincial structures. Branches shall report to the relevant Constituency, Constituencies to the District, and the Districts to the Province.  On a regular basis each Province shall send a report to the President, the National Chairperson, the Secretary-General  and the National Organiser on its administration and organisation which shall also include information obtained from Districts and Constituencies.

 

3.6              Any elected Committee/Officer of the Party shall remain in office for a reasonable period after the expiry of their term to allow for the next election to take place.

 

3.7               On the recommendation of the Treasurer-General after consultation with the Finance Committee, the National Council shall develop general criteria to ensure that membership fees and nationally available resources are directly made available to the Province in which they have been raised or to which they pertain, provided that

[a]           predetermined resources shall be devolved on an annual basis to the national structure to support its organisation and administration;

[b]           the national structure may direct special resources towards one or more Province for purposes of equalisation or political promotion in that Province; and

[c]           in administering its available resources each Province shall ensure that membership fees and nationally available resources are made available to each District in which they have been raised, subject to the two foregoing subsections which, mutatis mutandis, shall apply to the Provinces.

 

National Finance Committee

3.8          There shall be a National Finance Committee of the Party which shall consist of the following:

[a]           no fewer than seven members appointed by the National Council from among its members;

[b]           Treasurers of each Province;

[c]           National Treasurer of the Women’s Brigade;

[d]           National Treasurer of the Youth Brigade;

[e]           Treasurer-General; and

[f]            Secretary-General.

 

Functions of the National Finance Committee

3.9          The National Finance Committee shall be accountable to the National Council and its functions shall include the following:

[a]           formulation of policy with regards to revenue and expenditure of the Party’s funds;

[b]           ensuring that there is equity and fairness in the distribution of resources among and between various structures and organs of the Party;

[c]           formulation of broad guidelines to govern fundraising activities at all levels of the Party;

[d]         monitoring adherence by all structures and organs of the Party to agreed policy and guidelines with regards to financial matters;

[e]           ensuring adherence by all structures and organs of the Party to high standards of financial management;

[f]         to act as a clearing house for all investment business and financial proposals and advise the National Council accordingly; and

[g]           to meet on a regular basis and to submit reports to the National Council at least on a quarterly basis.

 

3.10        Each level of Party organisation may inspect and make recommendations with respect to any organisational, administrative and financial matter related to a structure immediately below it.

 

3.11        National and Provincial organs of the Party shall be fiscally and financially autonomous. Districts and Constituencies shall follow fiscal and financial guidelines as determined by the Province concerned.

 

Political Oversight Committee and its Functions

3.12        The National Council shall establish a Political Oversight Committee which shall consist of not less than ten (10) members and no more than fifteen (15) members who are knowledgeable about Party policies and governance matters.

 

3.13        The Political Oversight Committee shall:

[a]         provide political oversights over Party members, appointees of the Party, political office bearers and public representatives at all three levels of government;

[b]           ensure that where applicable IFP Members, office bearers, appointees and public representatives fulfil their respective responsibilities and obligations to the Party; and where appropriate to institutions of government and ultimately, to the electorate; and

[c]           assist and stimulate the Party in holding its representatives accountable to it and the electorate for their performance and conduct.

 

3.14        Members, office bearers, appointees and public representatives have extensive responsibilities and obligations to the Party; and where appropriate to institutions of government and ultimately, to the public as the electorate. The Party accordingly has a clear obligation and mandate to hold its representatives accountable to it for their performance and conduct.

 

3.15        In the exercise of its mandate the Political Oversight Committee shall:

[a]           ensure that the Party representatives function at an optimal level and within the political culture of the Party;

[b]           liaise with the IEC on the deployment and removal of Party representatives at all levels of the government;

[c]         investigate alleged breaches of code of conduct and infringements of any law or regulation by the Party’s public representatives in the performance of their responsibilities, and to refer these to disciplinary processes where necessary;

[d]           implement disciplinary decisions from various disciplinary tribunals;

[e]           deploy members to various Party structures and nominate candidates (after consultation with relevant stakeholders) as political office bearers and senior managers at all three levels of government; and

[f]           attend to any other matters of political relevance that may be referred to it by the Party President or Secretary-General.

 

3.16        Political Oversight Committee shall report to the National Council.      

 

Bodies not provided for in this Constitution

3.17        Each of the individual or collegial offices provided for in this Constitution may establish any other individual or collegial, political or administrative office provided that such new office:

[a]          may not exercise any power or prerogative which under this Constitution does not belong to the office which    established it; and

[b]           shall serve at the pleasure of, and shall report and be fully accountable to the office which established it.

 

Policy Formulation and Portfolios

3.18        Policy formulation shall be the result of co-operation between the National and Provincial levels. National policies shall bind each Province, but shall remain sufficiently general with respect to provincial affairs that they can be implemented in each Province so as to adjust them to the specific needs and policy aspirations of that Province.

 

3.19        Any reasonable and legitimate doubt between National and Provincial competence in a policy matter should be solved in favour of the preeminence of National policy, provided that any doubt between National and Provincial competence in an administrative, organisational or financial matter should be solved in favour of provincial autonomy.

 

3.20        The National and each Provincial Council shall establish standing committees divided on the basis of subject matter competence (Portfolios) which, inter alia, are to report to the President, the National Chairperson and the Secretary-General. The Portfolios shall have

[a]           the primary responsibility of formulating policy recommendations on topics of their competence; and

[b]           the responsibility of directing, conducting and monitoring the Party's activities related to the implementation of Party policies connected with their competencies.

 

3.21        Under the co-ordination and direction of the President, the National Chairperson and the Secretary-General, each Portfolio shall seek to co-ordinate its activities with IFP study groups in the National or Provincial Parliaments, as the case may be, as well as with fora and research groups established within the Party or within affiliated organisations. When possible, all Portfolios related to a same subject matter shall have joint meetings and programmes under the direction of an elected Chairperson who shall preferably and ordinarily be a member of the parliamentary study group. The Portfolios shall include, but shall not be limited to the following subject matters, some of which, when required, may be grouped into one Portfolio:

[a]           Party Organisation and Development

[b]           National Security

[c]           Constitutional and Legislative Affairs, including the Party's constitutional matters

[d]           Publicity and Information

[e]           Economic and Financial Affairs

[f]            Fiscal and Budgetary Matters

[g]           Housing

[h]           Local Government

[i]            Community Development

[j]            Welfare

[k]           Education

[l]            Health

[m]          Sports and Recreation

[n]           Cultural Affairs and Research

[o]           Land Affairs

[p]           Environment

[q]           Labour Relations and Trade Unionism

[r]            Women’s Affairs

[s]            Youth Affairs

[t]            Senior Citizens

[u]           Substance Addiction and Social Degradation

[v]           Foreign Relations

[w]          Defence

[x]           Ethics and Party Discipline

[y]           Traditional Affairs