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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 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. 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. 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 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 THE NATIONAL COUNCIL AND ITS FUNCTION National Council 4.1 There
shall be National Council of the Party, which shall consist of one hundred
(100) members, seventy five (75) of whom shall be elected by Party Structures. 4.2 Of
the seventy five (75) elected members, thirty nine (39) of them shall be
directly elected at an elective Annual General Conference by duly appointed
delegates and shall comprise five (5) National Office Bearers and thirty four (34)
committee members as follows: [a] President
of the Party; [b] National
Chairperson; [c] Deputy
National Chairperson; [d] Secretary-General; [e] Deputy
Secretary-General; and [f] Thirty
four (34) committee members to be directly elected in the Annual General
Conference according to the formula to be determined by National Council and
which ensures geographical spread across provinces weighted according to the
numerical strength of membership in each province. 4.3 Of
the seventy five (75) elected members, thirty six (36) shall have been elected
by Party Structures outside the Annual General Conference as follows: [a] A
Chairperson and Secretary of each of the nine (9) provincial executive
committees thus totalling eighteen (18)
members; [b] A
national executive committee of the Women’s Brigade thus totalling nine
(9) members; and [c] A
national executive committee of the Youth Brigade thus totalling nine (9)
members. 4.4 The remaining twenty five (25) members
shall be appointed by the Party President in order to, among others, make
available to the National Council special talents, expertise and abilities the
Party may need. 4.5 The term of the National Council shall
be three (3) years. Vacancies shall be filled in terms of this section and only
for the balance of the term of office. National
Executive Committee 4.6 There shall be an Executive Committee
of the National Council which shall consist of the following members: [a] President
of the Party; [b] National
Chairperson; [c] Deputy
National Chairperson; [d] Secretary-General; [e] Deputy
Secretary-General; [f] Treasurer-General; [g] Administrative
Secretary; [h] National
Organiser; [i] National
Chairperson of the Women’s Brigade; [j] National
Secretary of the Women’s Brigade; [k] National
Chairperson of the Youth Brigade; [l] National
Secretary of the Youth Brigade; and [m] Four
(4) persons to be appointed by the President. 4.7 The term of office of the National
Executive Committee shall coincide with that of the office bearers. Functions of the National Executive
Committee
4.8 The
National Executive Committee shall: [a] Attend to the day to day logistic and operational
matters of the Party; [b]
Implement Party policies and resolutions as passed by the National Council
and/or the Annual General Conferences; [c] Assist the President and the
Secretary-General in the day to day management of the Party; and [d] Take policy decisions between
sessions of the National Council, and such decisions shall be brought to the
following National Council meeting for ratification. Election of the President 4.9 On the basis of proposals received
from Provinces and Districts, the National Council shall recommend to the
Annual General Conference one or more candidates for the position of President,
provided that such Conference may elect another Member. 4.10 The term of office of the President
shall be five (5) years. Election of the National Chairperson and
Deputy National Chairperson 4.11 On
the basis of proposals received from Provinces and Districts, the National
Council shall recommend to the Annual General Conference one or more candidates
for the position of National Chairperson and Deputy National Chairperson,
provided that such Conference may elect another Member. 4.12 The
term of office of the National Chairperson and Deputy National Chairperson shall
be five (5) years. Election of Secretary-General and Deputy
Secretary-General 4.13 On
the basis of proposals received from Provinces and Districts, the National
Council shall recommend to the Annual General Conference one or more candidates
for the position of Secretary-General and Deputy Secretary-General, provided
that such Conference may elect another Member. 4.14 The term of office of the
Secretary-General and Deputy Secretary-General shall be five (5) years. Election
of Treasurer-General 4.15 The
Treasurer-General shall be elected by the National Council.. 4.16 The term of office of the Treasurer-General shall be five (5)
years. Resignation of a member of the National
Council 4.17 The
President of the Party may, by writing under his or her hand addressed to the
National Chairperson, indicate his or her intention to resign from office,
giving reasons therefore for submission to the National Council. 4.18 A
member of the National Council (other than the President) may by writing under
his or her hand addressed to the President or Secretary-General give notice of
his or her intention to resign from office giving reasons therefore, and such
notice shall be put on the agenda of the next meeting of the National Council.
A Provincial Chairperson or representative shall notify the National Council
that his or her resignation has been accepted by the Provincial Council or a
special committee thereof. 4.19 In
the event of a member of the National Council (other than the President) ceasing
to hold office because of resignation, incapacitation, death or other cause,
the National Council shall cause the vacancy to be filled by an acting member
until the next election, provided that the filling of the position held by a Provincial
Chairperson or representative shall be made by the Provincial Council concerned,
or by the National Council on a temporary basis only pending a meeting of the
Provincial Council. Functioning of the National Council 4.20 The
National Council shall meet at such time and place as determined by the
President, the National Chairperson or, when so requested by twenty (20) members
of the Council, by the Secretary-General.
Notice of meetings of the National Council shall be given in the form
and manner determined by the Secretary-General, subject to the power of the
National Council to determine the date of its next meeting in lieu of notice. 4.21 The
National Council shall be validly constituted when at least half of its members
are in attendance at the declared opening of its meeting. Subject to this Constitution, the National
Council shall adopt resolutions with the support of the majority of its members
present. Powers and Functions of the National
Council 4.22 The
National Council shall: [a] implement
the policies of the Party at national level and provide co-ordination of
provincial policies; [b] programme
policies of the Party as formulated by the Annual General Conference for
implementation at national level or by the Provinces autonomously; [c] exercise
final control over all Officials; [d] control
or regulate activities and the disciplining of all officials at National
Headquarters, and make recommendations in this respect to Provincial, District,
Constituency, Branch or other levels of the Party; [e] summon
regular or extraordinary meetings of the National Council or General
Conferences in accordance with the standing orders; [f] assume
responsibility for the proper maintenance of financial records at National
Headquarters, and ensure that such responsibility is fulfilled by the
Provinces, and, when necessary under the circumstances, by District,
Constituency, Branch and other levels of the Party; [g] employ
a firm of registered accountants to audit the financial statements kept at
National Headquarters. [h] appoint
agents to perform administrative and financial functions on its behalf; [i] select
members of the Party to undertake visits to other countries on behalf of the
Party; [j] make
all members of the National Council responsible for the organisational efficiency
of Districts and/or Constituencies of the Party as shall be allocated to them
by the National Council and ensure that such members report progress to the National
Council; [k] develop
the policies of the Party, informing and controlling the activities of the
Party’s representatives in the national Parliament and Cabinet, and
liaise closely and regularly with the IFP Parliamentary Caucus; [l] solicit
and receive reports from the Party’s representatives in the national
Parliament and Cabinet; [m] select
and propose candidates to Parliament, provided that the recommendation of the
relevant District or Constituency shall first be obtained in respect of
Constituency candidates; and [n] take
any action or make any resolution which is designed to promote the objects,
ideals and interests of the Party or to help it in the attainment thereof. National Headquarters 4.23 The
members of the National Council shall be the principal officials of the Party
at National Headquarters. 4.24 The
activities and organisation of the Party shall be supervised from National
Headquarters of the Party. Duties of the President 4.25 The
President of the Party shall: [a] be
the principal officer of the Party and, when present, preside over meetings of
the National Council; [b] be
the principal spokesperson of the Party on national and international affairs; [c] have
the power to convene meetings of the National Council; [d] have
the power to give instructions to any official of the Party on any matter
affecting the Party; [e] have
the power to receive any grievance or complaint related to any organisational,
administrative or political matter relating to the Party from members and
non-members and may assign with or without recommendation such grievance or
complaint to any officials or office of the Party at any level for report to
the President or to any Party structure for resolution; [f] empower
any member of the Party to exercise any power or specified function for and on
behalf of the President or the Secretary-General, or the National Council; [g] have
the power of appointing ad hoc and/or
standing committees on any matter whatsoever; and [h] have
the power to promote any disciplinary action against any member of the Party and,
at his or her discretion, to suspend or temporarily replace any other national
office bearer, subject to the ratification of the National Council. Duties of the National Chairperson and the
Deputy National Chairperson 4.26 The
National Chairperson shall: [a] act
as the President in the absence of the President; [b] chair
meetings of the National Council, Conferences and national rallies of the Party;
and [c] carry
out any duties of the Party as directed by the President. 4.27 The Deputy National Chairperson shall
have the same duties, powers and prerogatives as the National Chairperson to be
exercised in co-ordination with the National Chairperson. Duties of the Secretary-General
and Deputy Secretary-General 4.28 The
Secretary-General shall: [a] be the Chief Executive Officer of the Party in charge of
co-ordination of all the political structures of the Party and of controlling
the political offices of the Party at National level; [b] promote
the formulation and oversee the implementation of the policies of the Party; [c] communicate
inter alia with the Provincial, District and other officials of the
Party in connection with the affairs of the Party; [d] have
the power to direct and control all national structures and employees of the
Party; [e] have
the power to give instructions on any matter affecting the Party to any
official of the Party, and to ask for reports and information from any Party
official or Party structure, excluding the President of the Party and the
National Chairperson, and [f] exercise
any other powers and prerogatives as directed by the President. 4.29 The
Deputy Secretary-General shall assist the Secretary-General in the performance
of his or her duties and shall perform any other duties delegated to him or her
by the President, the Secretary-General and the National Council. Duties of the Treasurer-General 4.30 The Treasurer-General shall: [a] be the Chief Accounting Officer of
the finances of the Party; [b] report to the President of the Party,
the National Finance Committee and to the National Council; [c] administer and supervise the finances
of the Party, including fundraising, budgeting and spending; and [d] the Treasurer-General may, in
conjunction with the relevant Provincial Executive Committee, review the
financial administration of any Province. Duties of the Administrative Secretary 4.31 There shall be an
Administrative Secretary who shall be appointed by the National Council as a
full-time employee of the Party based at Head Office. The Administrative Secretary shall: [a] be the Chief Administrative Officer
of the Party at National Head Office in charge of day to day administration of
the Party; [b] have the power to direct and control
all field offices and employees of the Party; [c] exercise any other duties as directed
by the President, Secretary-General and the National Council; and [d] Shall be an ex officio member of the
National Council and the National Executive Committee. Duties of the National Organiser 4.32 There shall be a
National Organiser appointed by the National Council in consultation with the
Secretary-General as a full-time employee of the Party in the office of the
Secretary-General. [a] He or she will attend to the
organisation and mobilisation of Party structures; and [b] the National Organiser shall be an ex
officio member of the National Council and National Executive Committee. WOMEN'S AND YOUTH BRIGADES The Women's Brigade 5.1 The
Women's Brigade shall play an instructive role in the mobilisation of women and
in the upbringing of children in the values and objectives of the Party. 5.2 The
Women's Brigade shall perform the specific function of identifying, analysing,
developing and advocating women's issues, including promoting an awareness of
such issues in the Party and in the country. 5.3 There
shall be a National Executive Committee of the Women's Brigade to be composed of: [a] the
Chairperson and Deputy Chairperson of the Women’s Brigade; [b] on
the basis of proposal s received from Women’s structures in the provinces
and districts, the National Executive of the Women’s Brigade shall submit
to National Council for its consideration two lists of up to three candidates
each for the position of Women’s Brigade National Chairperson and
Women’s Brigade Deputy National Chairperson. National Council shall select from each list
one or more candidates for submission to the applicable Annual Conference of
the Women’s Brigade, provided that the Conference may elect another
member; [c] the
Secretary, the Treasurer, Publicity Secretary and four other officers of the
Women's Brigade; and [d] the
term of office of the officials of the National Executive Committee shall be
three (3) years. The Duties of the Chairperson and Deputy
Chairperson of the Women's Brigade 5.4 The
Women's Brigade Chairperson shall: [a] supervise
the activities of the Women's Brigade of the Party; [b] formulate
and execute plans for the activities of the women of the Party; [c] act
with the advice of the President or the National Women's Council and in
accordance with approved policy; [d] under
the control of the Treasurer-General be entitled to [i] conduct
its own fund-raising activities [ii] administer
its finances through its treasurer [iii] hold
its own assets and resources; [e] subject
to this Constitution, be entitled to organisational autonomy. 5.5
As requested
by the Chairperson, the Deputy Chairperson shall assist the Chairperson in the
discharge of her functions and responsibilities, and shall assume such
functions and responsibilities when the Chairperson is unable to discharge them
because of absence, incapacitation or other impediment. 5.6
There
shall be a National Women’s Council of the Women’s Brigade to be
composed of: [a] Members
of the National Executive Committee of the Women’s Brigade; [b] Provincial
Committees of the Women's Brigade; [c] District
Chairpersons of the Women’s Brigade; [d] District
Secretaries of the Women’s Brigade. 5.7 District,
Constituency, Branch and other units of the Women's Brigade of the Party may be
established and function side by side with the main Constituencies, Branches
and other units of the Party described in Chapter VI. The Youth Brigade 5.8 The
Youth Brigade of the Party shall fall under the auspices of the President and
shall consist of: [a] people
between the ages of 18 and 40 who shall join by paying the ordinary membership
fee; [b] people
under the age of 18 years who shall join by paying a reduced membership fee. 5.9 The
Youth Brigade shall play a vanguard role while upholding and consolidating the existing
policies and gains of the Party. The
Youth Brigade shall support Branch activities and may conduct its own
initiatives in harmony with each Branch structure. 5.10 There
shall be a National Executive Committee of the Youth Brigade whose composition
shall be as follows: [a] the
National Chairperson and Deputy National Chairperson; [b] on
the basis of proposals received from Youth structures in the Provinces and
Districts, the National Executive of the Youth Brigade shall submit to National
Council for its consideration two lists of up to three candidates each for the
position of Youth Brigade Chairperson and Youth Brigade Deputy National
Chairperson; [c] the
Secretary, Treasurer, Publicity Secretary and four other officers of the Youth
Brigade; and [d] the
term of office of the officials of the National Executive Committee shall be
three 93) years. The Duties of the Chairperson and Deputy
Chairperson of the Youth Brigade 5.11 The
Chairperson of the Youth Brigade shall; [a] supervise
the activities of the Youth Brigade of the Party; [b] formulate
and execute plans for the activities of the youth in the Party; [c] act
in accordance with the directions of the President or of the National Council
and in accordance with approved policy. [d] under
the control of the Treasurer-General be entitled to [i] conduct
its own fund-raising activities [ii] administer
its finances through its Treasurer [iii] hold
its own assets and resources [e] subject
to this Constitution, be entitled to organisational autonomy. 5.12
As
requested by the Chairperson, the Deputy Chairperson shall assist the
Chairperson in the discharge of his or her functions and responsibilities, and
shall assume such functions and responsibilities when the Chairperson is unable
to discharge them because of absence, incapacitation or other impediment. 5.13 There
shall be a National Youth Council of the Youth Brigade whose composition shall
be as follows: [a] Members
of the National Executive Committee of the Youth Brigade; [b] Provincial
Youth Brigade Committees; [c] District
Chairpersons of the Youth Brigade; [d] District
Secretaries of the Youth Brigade. 5.14 Provincial,
District, Constituency, Branch and other units of the Youth Brigade of the
Party shall be established to function side by side with the main Provincial, District,
Constituency and Branch units of the Party described in Chapter VI. ORGANISATION OF THE PARTY AT PROVINCIAL, DISTRICT
AND LOWER LEVELS Provincial Headquarters 6.1 There
shall be a Provincial Headquarters for each Province in each Province. Provincial
Council 6.2 There
shall be a Provincial Council to be composed of: [a] the
Provincial Executive; [b] the
Provincial Chairperson and Provincial Secretary of the Women's Brigade; [c] the
Provincial Chairperson and Provincial Secretary of the Youth Brigade; [d] the
District Chairpersons; [e] a
number of delegates from the Districts, if any, as determined by the Provincial
Council; and [f] members
of the provincial Parliament and Cabinet. Provincial
Executive Committee 6.3 Unless
otherwise determined by a Provincial Conference, there shall be a Provincial
Executive Committee elected by the Provincial Conference which shall report to
and be fully accountable to the Provincial Council, composed of: [a] the
Provincial Chairperson; [b] the
Provincial Deputy Chairperson; [c] the
Provincial Secretary; [d] the
Provincial Deputy Secretary; [e] the
Provincial Treasurer; [f] the
Provincial Deputy Treasurer; [g] the
Provincial Publicity Secretary; [h] the
Provincial Deputy Public Secretary; [i] the
Provincial Chairperson of the Women's Brigade; [j] the
Provincial Secretary of the Women's Brigade; [k] the
Provincial Chairperson of the Youth Brigade; [l] the
Provincial Secretary of the Youth Brigade; and [m] three
other members selected by the rest of the Provincial Executive from under-represented
constituencies or to provide the Executive with required skills. Powers and Functions of the
Provincial Executive Committee 6.4
The
Provincial Executive Committee shall: [a] attend to the day to day logistical and operational
matters of the Party in the Province; [b] implement Party policies and resolutions as passed by the
Provincial Council, the National Council or the Annual General Conference
including extra-ordinary General Conferences; [c] assist the Provincial Chairperson and the Provincial
Secretary in the day to day management of the Party; [d] take policy decisions between sessions of the Provincial
Council, and such decisions shall be brought to the following Provincial
Council meetings for ratification in consultation with the Secretary-General. [e] raise funds for the Party in the Province; [f] operate a banking account on behalf of the Provincial
Council in accordance with clause 8.8 of this Constitution provided that the
Provincial Chairperson, the Provincial Secretary and the Provincial Treasurer
shall be three officials authorised to sign cheques drawn on the
Province’s banking account; [g] through the Provincial Treasurer ensure that proper
financial records are kept; and [h] implement from time to time directives
from the President and the Secretary-General. Election of Provincial Chairpersons 6.5 On
the basis of proposals from Districts, Constituencies and Branches, each Provincial
Council shall recommend the name of a candidate for the position of Provincial
Chairperson of the Party, to be submitted to the Provincial Conferences,
provided that such Conferences may elect a different Member. 6.6 The
term of office of Provincial Chairpersons shall be three (3) years. Resignation of a Provincial Chairperson or
member of a Provincial Council 6.7 A
Provincial Chairperson may, by writing under his or her hand addressed to his
or her relevant Provincial Deputy Chairperson, indicate his or her intention to
resign from office giving reasons for such resignation, and the Provincial
Deputy Chairperson shall forthwith convene a meeting of the Provincial Council. 6.8 A
member of a Provincial Council (other than the Provincial Chairperson) may by
writing under his or her hand addressed to his or her Provincial Chairperson
give notice of his or her intention to resign from office giving reasons
therefor, and such notice shall be put on the agenda of the next meeting of the
relevant Provincial Council. 6.9 In
the event of a member of the Provincial Council (other than the Provincial Chairperson)
resigning, being incapacitated, dying or otherwise ceasing to be a member of
the Provincial Council, the Provincial Council shall cause the vacancy to be
filled. Functioning of the Provincial Council 6.10 Members
of the Provincial Council shall meet at such time and place as the Provincial
Chairperson shall determine or at the request of not less than seven members. 6.11 The
quorum at meetings of the Provincial Council shall be one half of the
membership, provided that one of the members present shall be either the
Provincial Chairperson or the Provincial Deputy Chairperson or a person
properly acting on behalf of one of them. Powers and functions of the Provincial
Council 6.12 The
Provincial Council in performing its powers and functions shall: [a] implement
the policies of the Party in the Province and develop policies to meet the
specific needs of the Province, within the framework of the policies of the
Party; [b] plan
the implementation of the policy of the Party as formulated by the National
Council and the Annual General Conference, and shall implement provincial
polices as formulated by the Provincial Conference; [c] exercise
complete control over all Provincial officials; [d] control
or regulate the activities and disciplining of all officials at the Provincial,
District, Constituency and Branch levels of the Party; [e] summon
regular or extraordinary meetings of a Provincial Council or Provincial
Conferences in accordance with standing orders; [f] supervise
and control the proper maintenance of books of account at Provincial
Headquarters, District, Constituency, and Branch levels of the Party; [g] develop
the policies of the Party, informing and controlling the activities of the
Party’s representatives in the Parliament and Cabinet of its Province and
liaise closely and regularly with the caucus of such Parliament; [h] solicit
and receive reports from the Party’s representatives in Parliament and
Cabinet of its Province; [i] make
all members of the Provincial Council responsible for the organisational
efficiency of Constituencies and/or Districts of the Party as shall be
allocated to them by the Provincial Council; [j] report
progress at every meeting of the Provincial Council or once a month; [k] inspect
the relevant Branch office's minutes, bank records, receipts and membership
registers before inaugurating and renewing a Branch; and [l] take
any action designed to promote the objectives, ideals and interests of the
Party or to help the attainment thereof. Provincial Headquarters 6.13 Members
of the Provincial Council shall be the principal officials of the Party at
Provincial Headquarters. 6.14 The
Provincial activities and Provincial organisation of the Party shall be
controlled from the Provincial Headquarters of the Party. Duties of a Provincial Chairperson and Deputy
Provincial Chairperson 6.15 The
Provincial Chairperson shall: [a] be
the principal officer of the Party in the Province and shall, when present,
preside over meetings of the Provincial Council; [b] have
the power to convene meetings of the Provincial Council; [c] be
the principal spokesperson of the Party on Provincial policies and affairs and
shall oversee the implementation of the national and provincial policy of the
Party in the Province; [d] communicate
inter alia with District and other officials of the Party in connection
with the affairs of the Party; [e] within
the competence of the Province, have the power to give instructions on any
matter affecting the Party to any official of the Party in the Province; [f] empower
any member of the Party to exercise any powers or specified functions for and
on behalf of the Provincial Chairperson or the Provincial Council; [g] have
the power to appoint ad hoc and/or standing
committees to advise the Party within the Province on any matter whatsoever;
and [h] have
the power to take any disciplinary action against any member of the Party in
the Province and, at his or her discretion, to suspend or temporarily replace
any other Provincial office bearer, subject to the ratification of the
Provincial Council. Duties of the Provincial
Secretary and Deputy Provincial Secretary 6.16 The Provincial
Secretary shall: [a] be in charge of co-ordination, implementation and overall
political and administrative affairs of the Party at Provincial level; [b] communicate
inter alia with the Provincial,
District and other officials of the Party in connection with the affairs of the
Party; [c] have
the power to direct and control all Provincial structures and employees of the
Party; [d] have
the power to give instructions on any matter affecting the Party to any
official of the Party at Provincial and lower levels of the Party, and to ask
for reports and information from any Provincial or lower level Party official
or Party structure, excluding the Provincial Chairperson and the Deputy
Provincial Chairperson; [e] prepare
quarterly administrative reports to be dispatched to the Secretary-General; and
[f] exercise
any other powers and prerogatives as directed by the Provincial Chairperson. The Provincial Conference 6.17 There
shall be an Annual Provincial Conference to be chaired by the Provincial
Chairperson, which shall be constituted as follows: [a] Members
of the Provincial Council; [b] Provincial
members of the national and provincial Parliaments; [c] each
District executive; [d] each
Constituency executive; and [e] three
(3) delegates from each Branch. Duties and Powers of the
Provincial Conference 6.18 The Provincial Conference shall: [a] promote and implement the decisions
and policies of the Annual General Conference,
the National Council and the National Executive Committee, and shall
consider whatever recommendations are referred to it by the National Council,
the National Executive Committee, the President and the Secretary-General. [b] receive and consider reports by the
Provincial Executive Committee, in particular the Provincial
Chairperson’s address and the Provincial Secretary’s and Provincial
Treasurer’s Annual reports; [c] elect Provincial Executive Members; [d] receive and consider reports from the
Districts; [e] adopt resolutions to be submitted to
the Annual General Conference; and [f] develop and implement provincial
policy programmes. Districts 6.19 Each
Province shall have Districts, provided that, when not practicable, the
functions of one or more Districts shall be exercised by the Province or
assigned by the Province to another District, or to one or more Constituencies
or Branches within the district municipality concerned. District Headquarters 6.20 There
shall be District Headquarters for each District. 6.21 There
shall be a District Conference constituted as follows: [a] each
Constituency executive; [b] at
least five (5) delegates per branch; [c] the
District Women’s Brigade Executive; [d] the
District Youth Brigade Executive; [e] District
members of the national and provincial Parliaments; and [f] all
councillors of the local and district municipalities. 6.22 There
shall be a District Executive which shall be constituted as follows: [a] District
Chairperson; [b] District
Deputy Chairperson; [c] District
Secretary; [d] District
Deputy Secretary; [e] District
Treasurer; [f] District
Deputy Treasurer; [g] District
Publicity Secretary; [h] District
Deputy Publicity Secretary; [i] District
Chairperson of the Women’s Brigade; [j] District
Secretary of the Women’s Brigade; [k] District
Chairperson of the Youth Brigade; [l] District
Secretary of the Youth Brigade; and [m] three
(3) other members selected by the rest of the District Executive from
under-represented constituencies or to provide the Executive with required
skills. 6.23 All District Officials shall be elected
by the District Conference, and shall hold office for three (3) years. 6.24 The
District Executive shall: [a] develop
the policies of the Party, informing and controlling the activities of the
Party’s representatives in the relevant municipality (district and
metropolitan), and liaise closely and regularly with the caucus of such
council; [b] solicit
and receive reports from the Party’s representatives in the
municipalities; [c] select
and propose candidates to be elected to municipal councils; [d] organise
and mobilise people on broad issues, promote Party membership and supervise the
annual renewal of membership; [e] raise
funds for the Party; [f] carry
out efficiently any instruction or directive from Provincial Headquarters; [g] publicise
and support the Party's candidate or candidates in the District in any general
and local government elections; [h] supervise
the work and activities of the Constituencies and Branches in the District; [i] give
active support to the programmes of the Party's development plans; and [j] inform
Members about the activities and policies of the Party by: [i] organising
public meetings; [ii] forming
Economic Committees to arrange discussions and seminars on problems of regional
and national development; [iii] forming
Political Committees to arrange discussions and seminars on current national or
international political problems; and [iv] promoting
activities in all the Branches and Constituencies in the District. 6.25 District
Chairpersons shall have overall responsibility for the units of the Party in
the District and shall preside over meetings of the District Executive and the District
Annual Conference. 6.26 District Chairpersons shall forward
reports on district activities every month to the Provincial Headquarters of
the Party. Duties of District Officials 6.27 The
responsible District Official shall: [a] convene
and preside over meetings of the District Council when deemed necessary; [b] perform
functions of the District Chairperson in the absence of the latter; [c] have
responsibility, subject to the direction of the District Chairperson and the District
Executive, over the Constituencies and Branches in his or her District and keep
a District Membership Register; [d] keep
a record of proceedings at all District meetings and shall compile and send a
monthly report on the activities of the District to the District Chairperson
for onward transmission to the Provincial Headquarters; [e] have,
in consultation with the District Chairperson, power to call any meeting in the
District; [f] receive
or collect monies from Constituencies and issue receipts for same; [g] have
control over any funds received, kept or spent by the District Headquarters; [h] be
responsible for funds coming through his or her office to the District Chairperson
who shall forward the same to the Provincial Headquarters; [i] authorise
petty cash expenditure in consultation with the District Chairperson when
deemed necessary; [j] not
authorise payment of regional staff wages except where a provision shall be
made by special warrant from Provincial Headquarters, such payment to be
supported by vouchers signed by the payee; and [k] keep
a set of books of account for use by the District and, where necessary he or she
shall be required, together with the District Officials, to explain any
financial problem in a formal statement. 6.28 The
District Women's Brigade Chairperson shall: [a] in
consultation with the District Secretary, be in charge of organising the
Women's Brigade in her District; [b] with
the approval of the District Women's Conferences’ Executive Committee
call meetings or rallies to strengthen the Women's Brigade; [c] in
consultation with the District Secretary, deal with correspondence regarding
Women's Brigade matters; and [d] perform
all duties necessary to enhance the prestige of the Party in the area and to
improve the structure of the Party. 6.29 The
District Youth Chairperson shall: [a] be
in charge of organising the youth in the District; [b] with
the approval of the District Executive, call District Youth Conferences and
rallies to strengthen the youth; [c] publicise
such news items as may be necessary in the interest of the Party in the District;
and [d] be
responsible for District news and communications to Constituencies. Constituencies 6.30 There
shall be Constituencies in each District which shall be registered at the
Provincial and National headquarters, provided that when not practicable, the
function of one or more Constituencies shall be exercised by the District or
Province if applicable, or assigned by the District or Province if applicable
to another Constituency or to a Branch located within that local municipality. 6.31 A Constituency
Committee shall be elected every three years and shall be composed of a: [a] Chairperson; [b] Deputy
Chairperson; [c] Secretary; [d] Deputy
Secretary; [e] Treasurer; [f] Deputy
Treasurer; [g] Publicity
Secretary; and [h] Deputy
Publicity Secretary. 6.32 Each
Constituency Committee shall: [a] organise
and mobilise Members and promote Party membership; [b] develop
the policies of the Party, informing and controlling the activities of the
Party’s representatives in the relevant local municipality, and liaise
closely and regularly with the caucus of such council; [c] solicit
and receive reports from the Party’s representatives in the
municipalities; [d] select
and propose candidates in local municipal elections; [e] raise
funds for the Party by obtaining membership subscriptions; [f] co-operate
with the District Officials in the promotion of the objectives, ideals and
interests of the Party, in accordance with the Constitution and with the rules
of the Party; [g] encourage
members of the Party to work collectively in order to advance the economic
interests of the country; [h] publicise
the candidates in any parliamentary or local government election; [i] be
responsible for all Branches in the Constituency; and [j] be
elected at the Constituency Annual Conference and shall hold office for three (3)
years. 6.33 Each
Constituency shall hold an Annual Conference comprising: [a] the
Constituency Executive; [b] the
Executive of each Branch; [c] three
representatives of the Women’s Brigade component of each Branch; [d] three
representatives of the Youth Brigade component of each Branch; [e] Members
of the national and provincial Parliaments resident in the Constituency; [f] District
Councillors resident in the Constituency; and [g] councillors
of that local municipality. 6.34 Constituency
elections shall be conducted by a member of National Council. 6.35 The
Constituency Committee shall meet from time to time to review the activities of
the Party in the Constituency. 6.36 The Constituency Committee may, in
consultation with the District Executive, suspend a Branch Committee. Duties of Constituency Officials 6.37 The
Constituency Chairperson shall: [a] preside
at all meetings of the Constituency; [b] with
the Executive, supervise all Party activities in the Constituency; and [c] exercise
a casting vote. 6.38 The
Constituency Deputy Chairperson shall deputise in the absence of the
Chairperson. 6.39 The
Constituency Secretary and in his or her absence the Constituency Deputy Secretary
shall: [a] keep
all books of account, documents and other things pertaining to the Constituency
office; [b] perform
all duties devolving upon him or her under this Constitution; [c] conduct
correspondence for the Constituency; and [d] keep
minutes of Constituency meetings and forward copies thereof to the District Secretary
within seven (7) days. 6.40 The
Constituency Treasurer and in his or her absence the Constituency Deputy Treasurer
shall: [a] keep
a detailed account of all the monies collected and received by him or her and
from Branches and forward the same to District Headquarters; [b] send
to the District Headquarters a monthly financial return; and [c] keep
records of all property held by the Branches in his or her Constituency. 6.41 The
Constituency Publicity Secretary and the Deputy Constituency Publicity
Secretary shall: [a] be
responsible for the propaganda and publicity of the Party's activities in the Constituency;
and [b] send
to the District Headquarters a monthly report on the propaganda and the publicity
of the Party's activities in the Constituency. Branches 6.42 There shall be one or more branches
in each Ward of a local municipality. A Branch shall comprise fifty (50) or
more members, save that in respect of individual cases motivated by the Secretary-General,
National Council may accept a lower figure. 6.43 There
shall be an Executive Committee for each Branch elected annually by secret
ballot of the members. The Executive shall consist of: [a] the
Chairperson; [b] the
Deputy Chairperson; [c] the
Secretary; [d] the
Deputy Secretary; [e] the
Treasurer; [f] the
Deputy Treasurer; [g] the
Publicity Secretary; [h] the
Deputy Publicity Secretary; and [i] three
(3) additional members to be co-opted by the Executive Committee in order to,
among others, make available to the Executive Committee special talents,
expertise and abilities. 6.44 Each
Branch Committee shall: [a] organise
members of the Party and recruit new members; [b] raise
funds for the Party by obtaining members' subscriptions; [c] co-operate
with the Constituency Officials in the promotion of the objectives, ideals and
interests of the Party in accordance with the Constitution and in accordance
with the rules of the Party; [d] encourage
members of the Party to work collectively in order to advance the political and
economic interests of the country; [e] publicise
a candidate or candidates in any parliamentary or local government elections; [f] select
and propose candidates for election in local government wards; and [g] carry
out the activities determined for it by the Constituency Committee. 6.45 Constituency
Officials shall have direct responsibility over Branches within their
Constituencies. 6.46 The
formation of every duly formed Branch shall be reported to the District Secretary
of the Party who shall inform the Secretary-General. 6.47 The
Secretary-General, upon the Branch being approved by the National Council,
shall ensure that a certificate of registration is issued timeously to the
Branch, subject to the power of the National Chairperson to at any time
withdraw such certification for good cause. Branch Committees 6.48 A
Provincial or District Executive may, in consultation with the Constituency
Committee, suspend a Branch Committee of the Party, whereupon all the officials
concerned shall cease to hold office and all the funds and property held by the
Branch or its Officials shall vest in the District, subject to the election of
a new Branch Committee, provided however that the Provincial Council be
informed. 6.49 The
Branch Committee shall have power to call an ordinary or special meeting of the
whole Branch when necessary. 6.50 Regular
meetings of the Branch Executive Committee shall be held from time to time and
at least once a fortnight. The quorum shall be one-half of the Members of the
Committee. Duties of Branch Officials 6.51 The
Branch Chairperson shall: [a] preside
at all meetings of the Branch Committee; [b] call
meetings of the Branch; and [c] mobilise
members in support of Party activities and objectives. 6.52 The
Branch Deputy Chairperson shall assist the Branch Chairperson in conducting the
business of the Branch and preside over Branch meetings in the Chairperson's
absence. 6.53 The
Branch Secretary and in his or her absence the Deputy Secretary shall: [a] keep
all books of account, documents and other things pertaining to his or her
office; [b] perform
all duties devolving upon him or her under this Constitution; [c] conduct
the correspondence of the Branch; [d] write
and keep minutes of such meetings and forward copies thereof to the
Constituency Secretary within seven days; [e] forward
to the Constituency Secretary by the first week of April every year a brief
report on the activities of the Branch during the past year; [f] report
briefly on any matter for discussion at Provincial and National Annual
Conferences; [g] forward
the names of Branch Officials elected to represent the Branch at the District
Annual Conference to the District Executive; and [h] compile
a monthly membership return and forward it to the Constituency Secretary every
month. 6.54 The
Branch Treasurer shall: [a] be
responsible for collecting funds and remitting all monies so collected to the
Constituency Treasurer, and shall keep a detailed account of the monies
received or sent by him or her; [b] issue
receipts for all monies collected and received by him or her; [c] keep
and issue membership cards and be responsible for all the Branch property; and [d] submit
monthly financial returns to the Constituency Headquarters. 6.55 The
Branch Publicity Secretary shall: [a] be
responsible for propaganda and for publicity of the Party's activities in the Branch;
and [b] send
to the Constituency Headquarters a monthly report on the Party's propaganda and
publicity activity in the Branch. CHAPTER
VII ANNUAL GENERAL CONFERENCE 7.1 An
Annual General Conference of the Party shall be held once every year. 7.2 The
President, in consultation with the National Council, may summon an
Extraordinary General Conference, which shall have the same powers as the
Annual General Conference. 7.3 The
Annual General Conference shall be held in accordance with the regulations of
the Party and in accordance with instructions issued by the President in
consultation with the National Council with regard to place, time and procedure
of the Conference. 7.4
Delegates
to the Annual General Conference of the Party, who must be members of the
Party, shall be as follows: [a] Two (2) delegates (or their alternates) from each Branch;; [c] the Executive Committee of each
Constituency; [d] the Executive Committee of each
District; [e] the Executive Committee of each
Province; [f] all members of the National Council; [g] the National Executive Committee of
the Youth Brigade; [h] the National Executive Committee of
the Women’s Brigade; and [i] Party
public representatives in all the three spheres of government. 7.5 Voting
at the Annual General Conference shall be by secret ballot or by such other
method as the President may recommend and the Conference approve. 7.6 The
programme for the Annual General Conference shall be prepared by the National
Council on the basis of proposals received from the Districts and the Provinces. Each District or Province shall have the
right to table matters for discussion and resolution by the Conference. 7.7 The
Annual General Conference of the Party shall be empowered to consider, review
or change any policy of the Party. FINANCIAL PROVISIONS 8.1 The
Party's funds shall be derived from: [a] monies
received from membership subscriptions; [b] grants,
loans, donations or levies which the Party may receive from time to time; and [c] any
other method of raising funds within the general provisions of this
Constitution. 8.2 The
income and property of the Party shall be applied solely towards paying the
expenses of the Party incurred in the furtherance of its aims and objectives,
and no part thereof shall be distributed amongst the members as a dividend or
share of profits or otherwise whatsoever. 8.3 The
Party shall utilise its funds solely in the furtherance of its aims and
objectives, and shall invest such excess funds as it may have in the manner
directed by the National and Provincial Councils. 8.4 Expenditure
of the Party shall be approved by the appropriate, constitutionally authorised
structure or office. 8.5 The
Party shall not be responsible for any liabilities incurred by any Province, District
or other Party structure, none of which shall have the power to bind the Party
in any financial respect, including inter alia contracts,
quasi-contracts and delict, unless they are specifically authorised to do so on
an ad hoc basis. Provinces may assume rights and liabilities in their
own name. Subject to the provisions of this Constitution, Provinces may
determine the financial status of, and relations with, and the financial
responsibility of the District structures and other subordinate Party
structures. 8.6 If
for any reason the Party is wound up, liquidated or in any way dissolved and
there remains after satisfaction of its liabilities, any assets whatsoever, the
same shall not be distributed amongst the members, but shall be transferred to
such other society or association in the Republic of South Africa, as the
members shall in general meeting decide, which is exempt from Income Tax and
which is engaged in or promotes activities of a cultural nature. 8.7 If
for any reason a Province is wound up, liquidated or in any way dissolved and
there remains after satisfaction of its liabilities, any assets whatsoever, the
same shall not be distributed amongst the members, but shall be transferred to
the Party's National Headquarters. 8.8 The
Party shall operate different banking accounts for the National and Provincial
organisational and administrative levels - provided that Districts,
Constituencies and Branches may operate their respective banking accounts on
authorisation of the Province concerned. All banking accounts are to be held
with any commercial bank, and cheques drawn on the Party's banking accounts
shall be signed by at least two of three authorised officials of the Party. 8.9 The
Party's financial year shall be the twelve month period beginning on 1 January
in each year. 8.10 The
Party's National and Provincial accounts shall be audited annually by
independent qualified auditors. 8.11 The
audited accounts of the Party at National and Provincial levels, together with
the Auditor's Report, shall be presented to the National Council, provided that
provincial audited accounts are to be submitted to the Provincial Council
concerned for prior approval. A Province may elect to integrate its finances
with those of National Headquarters and be audited as a part of the national
structure of the Party. 8.12 There
shall be paid out of the Party's funds of each of the Party's administrative
and organisational levels concerned, the following expenses: [a] allowances
and salaries of the staff and full-time officials of the Party; [b] travelling
allowances; [c] purchase
of office furniture, stationery and other useful equipment; [d] educational
and business grants and other grants; [e] expenses
of meetings and conferences; [f] legal
fees for litigation when sanctioned by the National Council; [g] audit
fees; and [h] any
other expenditure as shall be approved by the National Council. MISCELLANEOUS Standing Orders 9.1 Standing
Orders may be made by the National Council in respect of any subject for the
purpose of facilitating the implementation of the provisions of this
Constitution. 9.2 Standing
Orders made by the National Council shall be submitted to the next Annual General
Conference for ratification, and those of a Provincial Executive to the
Provincial Conference. 9.3 Standing
Orders shall have force and effect subject to this Constitution, and may be
amended, rescinded or altered as provided for herein, provided that the
relevant Council may amend or rescind them subject to ratification at the
subsequent relevant Conference. Amendment of the Constitution and Rules 9.4 This
Constitution may be amended by a General Conference of the Party provided that: [a] a
notice of the proposed amendment has been circulated to Members of the National
Council not less than one month before the meeting of the National Council; and [b] the
proposed amendment is subsequently approved by a two-thirds majority at the
Annual General Conference of the Party. 9.5 In
the case of an Extraordinary General Conference the provisions of clause 9.4
will be deemed to have been complied with if: [a] at
least seven (7) clear days' notice of the proposed amendment is given to Members
of the National Council; and [b] at
least twenty-four hours' notice is given to the delegates to the General
Conference. 9.6 Subject
to the provisions of this Constitution, the National Council, the Provincial Councils
or any District, Constituency and Branch Committees of the Party and all other
units of the Party shall be bound by this Constitution and all amendments
thereto. General Provisions 9.7 The Party may make
rules and regulations designed to educate members of the Party in matters
relating to Party policy, the policy of the Government, international affairs
and other matters of national interest.
For this purpose the National Council may issue from time to time detailed
regulations for the operation of the Economic and Political Committee of each
District. The National Council may
arrange seminars in Districts and Provinces to strengthen the work of Political
and Economic Committees, and provide external travel grants to leading Party
officials to visit places of interest domestically and in foreign countries. DISCIPLINARY PROCEDURE RULES Discipline 10.1 Discipline in the Party shall be
strictly enforced by Disciplinary Committees responsible for discipline at the
following levels: [a] Constituency; [b] District; [c] Province;
and [d] National
Council. 10.2 All the structures in 10.1 will have the
right to employ qualified professionals to assist them in the execution of
their disciplinary functions such as a sheriff for the service of documents and
attorney or advocate as prosecutor. 10.3 Party members who appear before a
disciplinary or appeal committee will be entitled to legal representation at
their own cost. 10.4 Where public representatives are
involved, decisions of a disciplinary committee shall be enforced by the
Political Oversight Committee. 10.5 Constituency Disciplinary Committee
shall be responsible for maintaining and enforcing discipline in the Branches
and Constituencies and shall have disciplinary powers over Party representatives
in local municipalities. Appeals from the Constituency Disciplinary Committee
shall lie with the District Appeal Committee.
A Constituency Disciplinary Committee shall consist of the Constituency
Chairperson, Secretary and three other members from the Constituency appointed
at a Constituency Committee meeting. 10.6 The District Disciplinary Committee
shall be responsible for maintaining and enforcing discipline in the District
and shall ensure that Party representatives in District Municipalities, are
carrying out their functions properly.
Appeals from a District Disciplinary Committee shall lie with the
Provincial Appeals Committee. A District
Disciplinary Committee shall consist of the District Chairperson, District
Secretary and three other members from the District appointed at a District
Committee meeting. 10.7 Provincial Disciplinary Committees shall
be responsible for maintaining and enforcing discipline in the Provinces, and
shall hear appeals against first instance decisions taken by the District
Disciplinary Committees. A Provincial
Disciplinary Committee shall consist of the Provincial Chairperson, Provincial
Secretary and three other members from the Provincial Executive appointed at a
Provincial Committee meeting. 10.8
The National Council shall appoint a
National Disciplinary Committee and a separate National Appeal Committee each
consisting of five (5) members and five (5) alternates. The National Disciplinary Committee shall be
responsible for maintaining and enforcing discipline at national level and the
National Appeal Committee shall hear appeals against first instance decisions
taken by Provincial Disciplinary Committees. 10.9 Notwithstanding anything else in this
Constitution in its absolute discretion by resolution adopted by two-thirds of
its members present, and after having received a report on the relevant facts
and heard the affected Member, the National Council may impose any disciplinary
sanction against such Member, including but not limited to his or her immediate
expulsion from the Party or may revoke or commute any sanction imposed by any
Disciplinary Committee. 10.10 An Appeal Committee shall hear appeals from a Disciplinary
Committee only when leave to appeal is granted by the Disciplinary
Committee. Any appellant shall have only
a single right to appeal. Appeals from
the Districts lie with the Provincial Appeal Committee; from the Provinces with
the National Appeal Committee and appeals against decisions of the National Disciplinary
Committee lie with the National Appeal Committee. 10.11 Appeal Committees shall be composed in
exactly the same manner as Disciplinary Committees. It will be mandatory to constitute
Disciplinary/Appeal Committees according to the provisions of this chapter but
if one or two members are not present on any day of the hearing, this will not
invalidate the proceedings provided that decisions are adopted by at least two
thirds majority. 10.12 An Appeal Committee and a Disciplinary
Committee of the first instance shall have discretion to grant or reject leave
to appeal depending on the nature and validity of the grounds for appeal. In
the same vein an appellant who is adversely affected by the rejection of his or
her application shall have the right to apply to a higher structure for leave
to appeal. 10.13 A higher Party structure shall have
jurisdiction to hear all disciplinary cases that fall within the jurisdiction
of lower Party structures. However, the
Political Oversight Committee shall advance reasons for approaching a higher
structure if a lower structure has jurisdiction, and such reasons shall be
approved by the National Council. 10.14 Decisions of the Disciplinary and/or
Appeal Committees shall come into effect immediately, or, where the respondent
was tried in absentia after he or she has been informed of such decision, and
an application of appeal shall not suspend the enforcement of such decisions. Time-Limit for Appeals 10.15 Appeals against a decision of the
Disciplinary Committee must be in writing and lodged with the relevant
Disciplinary Committee within fourteen (14) days from the date that leave to
appeal was granted. The Appeal Committee shall have discretion to hear any
appeal where such appeal was not lodged within the prescribed time. 10.16 The Disciplinary Committee shall forward to
the Appellate Committee a copy of the typed record of the proceedings and the
full reasons for the Disciplinary Committee’s decision with the written
application for appeal and at the same time shall make available a copy thereto
to the Appellant. The appeal shall be
based solely on these documents unless the Appeal Committee deems it necessary
to lead further evidence. 10.17 The
appropriate Chairperson of a Disciplinary Committee may from time to time
adjourn the hearing or appeal and may extend the time for doing anything in
terms of this section. In the event of either party to the appeal failing to
comply with the provisions of these Rules, a Chairperson of a Committee may,
notwithstanding such failure, set down the case or the appeal for hearing and,
upon giving the parties no less than seven days written notice, proceed to hear
the appeal or the case and make such decision thereon as it may, if the
circumstances of the case seem just. Disciplinary Rules 10.18 These
Rules may be cited as Disciplinary Rules of the Party. 10.19 All
the members of the Party are subject to these Rules and any member who commits
an offence against the Party is liable to disciplinary action as provided in
the Rules. 10.20 Offences
against the Party include: [a] violation
of the Constitution of the Party, including but not limited to assuming any
title of office not provided for in this Constitution, acting in an official
capacity to which a member is not either elected or appointed as provided in
this Constitution; [b] breach
of any rules or regulations of the Party; [c] acting
in a manner likely to bring the name of the Party into ridicule or contempt; [d] disobeying
relevant rulings, directions, orders or instructions of any organ of the Party; [e] being
in a state of drunkenness at a Party meeting in the case of an ordinary member
of the Party and in the case of an official of the Party being in a state of
drunkenness on any public occasion; [f] being
party to any fraudulent or dishonest practice which tends to embarrass or
disgrace the Party, or participating in any act of bribery or corruption; [g] giving
out any confidential information of the Party without the proper authorisation
of the Party to do so; [h] carrying
on false information or propaganda which tends to injure the reputation of the
Party or any of its officials; [i] defaming
the Party or any of its officials at any meeting of the Party; [j] giving
false information to any organ of the Party or any of its officials with intent
to deceive or mislead; [k] defrauding
the Party or any of its officials; [l] deliberate
irregularities in attendance at meetings of the Party; [m] publishing
or causing to be published, orally or in writing, any matter which in the
opinion of the National Council is an attack on the Party or an attack on a
member or official of the Party in relation to the discharge of his or her
functions as a member or official of the Party; [n] collecting
funds in the name of the Party without issuing proper receipts or without authority
from the Treasurer-General; and [o] violating
of the provisions of a code of conduct applicable to elected political
representatives by virtue of their position or adopted by resolution of
two-thirds of the members present of the National Council. 10.21 The
sanction on a disciplinary action will be in accordance with the seriousness of
the offence of which the member is guilty. The gravity of the offence and the
related standard of care shall be determined also with regard to the position
held by the member within the Party structures, requiring compliance with the
strictest duty of care and Party discipline for member of legislatures and
cabinets. 10.22 The
sanction on a disciplinary action may be any one or more of the following: [a] caution
and discharge; [b] censure; [c] payment
of a fine; [d] dismissal
from office; [e] debarring
from holding office; [f] suspension
from membership and/or office; [g] expulsion
from the Party; or [h] any
other sanction to be imposed with the agreement of the party concerned Provided that dismissal from office and/or expulsion
from the Party shall not be enforced before it is ratified by the National
Executive Committee on behalf of the National Council. 10.23 National
Headquarters shall keep records of disciplinary actions taken by the Party and
the National Council shall be notified of all such actions. 10.24 An
expelled member may be re-admitted into the Party if on a petition of penitence
by him or her to the President, the National Council may decide to re-admit him
or her. The President and/or the National Council may, however, reserve such
decision for the Annual General Conference. 10.25 Any
member of the Party charged with a criminal act or accused of fraudulent
behaviour or profiteering shall have the privileges of his or her membership
automatically suspended until such time as the National Disciplinary Committee
has dealt with the matter and laid its recommendations before the National
Council. ___________________________________________ |