The Constitution of the Truth and Reconciliation Party of South Africa may be modelled on that of "NADECO "
Modeled on NADECO with a couple of exceptions ,....................
CURRENTLY PROPOSED as.......... 1 . Truth & Reconcilation Party of South Africa
2. AIMS AND OBJECTIVES
3. RIGHTS OF MEMBERS
4. ORGANIZATION OF THE PARTY
5. CODE OF CONDUCT FOR PUBLIC REPRESENTATIVES
6. AMENDMENT PROCEDURE AND PETITIONS
2 THE NAME, LOGO AND FLAG NAME The Name of the organization, which will be registered as an official political party in South Africa, will be Truth & Reconcilation Party of South Africa hereinafter referred to as TRPSA or as “the Party”. LOGO AND FLAG
The logo of TRPSA shall be that of a African Springbok in a jumping posture and shall be superimposed on a background of white..
PREAMBLE Truth & Reconcilation Party of South Africa
1.1 Acknowledges the great strides that have been made to entrench democracy, the rule of law and social justice in our country.
1.2 Recognizes however, that democracy and the rule of law are never invulnerable achievements.
1.3 Accepts that for democracy and the rule of law to flourish and develop, the involvement of the population is necessary.
1.4 Realizes that the achievement of greater levels of social justice depends on popular involvement.
1.5 We, therefore, accept the inalienable dignity and natural equality of every human being, and regard every woman and man as a unique individual who is irreplaceable, and free by nature.
1.6 We, however, accept that each human being within society depends on others, and must accept constraints and responsibilities necessary to ensure respect for the fundamental rights and freedoms of other individuals in the community.
1.7 We believe, therefore, that free and interdependent members of society are responsible for protecting and building our nation.
3 1.8 We, therefore, commit ourselves to a system of governance that is underpinned by the principles of uBuntu Botho, where respect is extended to people as individuals and as members of the social formations to which they belong and participate in.
1.9 We, therefore, acknowledge that the critical role of the family, the community, religious, cultural and other organizations of civil society, must be strengthened if our society is to flourish.
1.10 In keeping with the foretasted, our political and moral agenda is underpinned by principles which promote and reinforce good social values, the practice of democratic norms, and a market-based developmental state.
BY SUBSCRIBING TO THIS COMMON VISION, Truth & Reconcilation Party of South Africa DEDICATES ITSELF TOWARDS “BUILDING A BETTER SOUTH AFRICA TOMORROW, TOGETHER”
2. AIMS AND OBJECTIVES:
2.1 To become a leading and significantly influential political party in South Africa.
2.2 To adhere to the basic principles of internal democratic decision making, nonracialism, and non-sexism.
2.3 To advocate for a strong and guiding moral perspective within the national political arena.
2.4 To respect and adhere to the universal moral agenda found in all of the world’s great religions.
2.5 To serve as the voice of the voiceless poor and destitute when they are inadequately served and cared for by the State.
2.6 To accommodate cultural diversity and all official languages in the functioning of the Party and the production of its policies.
4 2.7 To acknowledge the unique struggles of South Africa’s past, but to be a party rooted in the realities South Africans face today, and are likely to face in the future.
2.8 To be a Party whose public representatives place service to society, and the stated principles and policies of the organization, above individual and political expedience.
2.9 To be a Party which stands for an electoral system whereby optimal public accountability is achieved.
2.10 To be a party who applauds other political organizations when deserved and criticizes them when necessary, but desists from incessant, confrontational, attention grabbing, petty point scores at the expense of nation building.
2.11 To be a party which does not place its desire to grow in popularity above considerations, concerning unethical political competition and conduct.
2.12 To mobilize and unite the South African public behind the ideal of a clean and corrupt free government.
2.13 To advocate for a free-market-based developmental state that prioritizes education, health and welfare programmes.
2.14 To promote and propagate the spirit of self-reliance and entrepreneurship.
2.15 To encourage the ruling party in the furtherance of a socio-economic transformation agenda which might benefit South Africa.
2.16 To further the interests of disadvantaged people of South and Southern Africa, with respect to economic, education, health and social stability.
5 3. RIGHTS OF MEMBERS
3.1 This Rights of Members is the cornerstone of internal democracy in our Party. This includes the rights, duties and obligations of all members of the Party.
3.2 All organs of the Party must respect, protect, and promote the rights of members in terms of this Constitution. All decisions by every organ of the Party must adhere to the relevant provisions of the Constitution.
3.3 The relevant provisions in this Constitution may only be amended by a duly constituted Federal Conference of the Party, where at least two-thirds of the members present support such an amendment or amendments.
3.4 Any member who believes his, or her rights have been infringed by any organ of the Party may approach the next highest Party organ to seek redress. If still dissatisfied they are free to appeal to the Provincial Disciplinary Committee in their Province. If the Federal Council or Federal Conference is accused of infringing a member’s right the member may seek redress from the Federal Disciplinary Committee. The above does not prevent members exercising their rights in terms of this Constitution regarding the submission of petitions.
3.5 When a structure is called on to assess any alleged infringement of these Rights it should take account of: a. The promotion of values that underlie the fostering of an open, democratic organization b. Any broader precedents that may arise from the specific matter at hand c. The Constitution of the Republic of South Africa, and any other pertinent legislation. 3.6 Any rights members may enjoy in terms of common law, customary law and legislation are not diminished in any way by the existence of these Rights and members are entitled to take whatever legal recourse they deem fit if they deem 6 their rights have been infringed, but in the interests of Party unity internal remedies in terms of S 3.4 should be exhausted first.
3.7 Membership is open to all residents of South Africa who subscribe to the ideas, vision and beliefs of the Party as enshrined in this Constitution.
3.8 Membership shall not be restricted on the basis of age, although only those who qualify as voters may serve as office bearers in all structures of the Party, excepting youth structures.
3.9 The only grounds in terms of which a structure may refuse a members request for membership is if: a. The individual is a member of another political organization b. The individual has been declared of unsound mind by a South African court c. The individual has been permanently expelled from the Party d. The individual is unwilling to pay the membership fees as determined by the appropriate Provincial Council
3.10 Subject to S 3.8 any member shall be free to elect and be elected to any office or committee of the Party in the Province they reside.
3.11 Members of all provinces may also, where applicable, elect and be elected to hold any office at the Federal level.
3.12 Members have the right to free and regular elections of Party structures 7 3.13 Members may freely participate in the work of the structures of the Party and are entitled to receive regular information on the activities of structures of the Party.
3.14 Members have the right to debate issues freely within Party structures without censure or fear. Members must, however, desist from taking such internal debates to the media or other forums without the approval of the appropriate Party structure.
3.15 Members have the rights regarding the submission of petitions as set out in this constitution.
3.16 Members have the right to fair disciplinary hearings as set out in this constitution.
3.17 Members are free to attend, or make representation to, any meeting of any organ of the Party that addresses any aspect of his, or her, work or performance.
3.18 Members have the right to be protected from all forms of discrimination, including, but not limited to, discrimination based on race, ethnicity, religious belief, gender, disability, or medical condition.
3.19 All members no matter the position held, if any, are entitled to equal protection in terms of this Constitution and all must be accorded equal dignity.
3.20 These rights may not be limited or restricted in any way.
OBLIGATIONS AND RESPONSIBILITIES
3.21 Members will be expected to make a positive contribution to the furtherance of the Aims and Objectives of the Party. 8 3.22 All members shall abide by the provisions of this Constitution, including the respect of the rights other members are entitled to.
3.23 Any holder of public office is expected to adhere to the Code of Conduct for Public Representatives at all times.
3.24 Members will be required, from time to time, to partake in training to upgrade their skills to enable the organization to perform optimally.
3.25 All members are required to desist from any activity that will bring the organization into disrepute; this includes, but is not limited, to not violating any of the laws of the country.
3.26 All members must obey any relevant ruling, direction, or instruction of any organ of the Party that acted competently.
3.27 Members are obliged to respect the confidentiality of any discussion of any organ that was not for public consumption.
3.28 Any member found to have violated S3.22, S3.23, S3.25, S3.26, and S3.27 of the Constitution will be subject to disciplinary procedures for allegedly committing an offence.
3.29 Any member who refuses to partake in any training envisaged in S3.24 without having submitted a reasonable apology in writing will also be subject to disciplinary procedures.
3.30 Other offences shall include: a) Becoming an office bearer by fraudulent means, including any form of electoral fraud. 9 b) Retaining a position as an office bearer once ones term has expired or one is no longer eligible to hold such office. c) Defrauding the Party in any manner, including the non-transferal of funds received for the Party, the acceptance of funds without issuing proper receipts, the falsification of membership records or any other documentation, the incurrence of debt on behalf of the Party without due authorization, and using ones membership of the Party as a means for any form of dishonest or corrupt self-enrichment. d) Engaging in practices designed to negatively impact on the image of the Party, including disseminating false information or propaganda regarding the Party e) Attending any meeting of the Party, or in the case of public office bearers – any meeting connected with his, or her, duties whilst under the influence of any intoxicating substance.
3.31 A member accused of having committed a disciplinary offence will be required to appear before a disciplinary committee.
3.32 A member so accused will have the right to be accompanied by a legal representative of his or her choice, at his or her expense, should he so desire.
3.33 All structures of the Party will have their own Disciplinary Committees, and an accused shall appear before the disciplinary committee of the structure where the alleged infringement took place.
3.34 An accused found guilty may request the structure that found him guilty to grant him leave to appeal the decision to the next highest structure. This may be granted or refused. If granted the next highest structure must hear the appeal accordingly. If refused the accused may petition the next highest structure for leave to appeal. If refused the matter is concluded. If granted the appeal will be heard and decided upon. Once an appeal is heard and a decision made that concludes the matter, no further appeals will be allowed. The decision to grant or refuse an appeal will be based on the likelihood as to whether a different Disciplinary Committee would have reached a substantially different decision.
10 3.35 In all cases where an appeal has been heard and decided upon an accused can, however, petition the Provincial Disciplinary Committee to review the appeal decision, unless the Provincial Disciplinary Committee heard the disciplinary hearing or appeal in which case the Federal Disciplinary Committee will deal with the matter. The Provincial Disciplinary Committee, or Federal Disciplinary Committee, as the case may be, can agree or refuse to review such an appeal. If it agrees to review the appeal it will do so on the basis of the documentary records of the appeal and will not hear any evidence or argument in reaching its decision.
3.36 In the case of an accused having to face a disciplinary hearing before the Federal Disciplinary Committee, his or her appeal would be to the Federal Conference, who would appoint members to deal with such an appeal. In such a case a petition to review the decision of any appeal so heard would be decided on by the Federal Chairperson in consultation with all Provincial Chairpersons.
3.37 At all structural levels disciplinary hearings shall consist of five members of the Relevant Executive Committee where the hearing is taking place. Provided that the structure Chairperson is not a member of such a Disciplinary Committee. Provided further that no individual directly implicated in the matter is part of the Disciplinary Committee. Decisions will require a majority of three members of the Disciplinary Committee.
3.38 All appeals shall consist of three members of the Executive of the structure where the appeal is being heard. Provided that the relevant Chairperson is not a member of such an Appeal, and provided that no one implicated in the matter or involved in the initial hearing is included. Decisions will be made when two-thirds of the members concur.
11 3.39 Reviews of any decision will consist of three individuals who will decide by means of a two-thirds majority, except in the case of S3.36 where the composition will differ but the decision will still be made in terms of a two-thirds majority. 3.40 In the case of all disciplinary hearings where the accused is acquitted the Chairperson of the relevant structure has the right to ask the Disciplinary Committee that heard the matter to grant him leave to appeal the decision on behalf of the Party. This may be refused or granted. If refused the chairperson may petition the next highest structure, which may agree to hear the appeal or refuse. 3.41 The Chairperson of any structure that heard an appeal on a disciplinary hearing may petition the Provincial Disciplinary Committee to review the appeal decision, unless the Provincial Disciplinary Committee was the structure that heard the Disciplinary hearing or appeal, in which case the Federal Disciplinary Committee will look into the matter. 3.42 All requests to grant the right to appeal must be lodged in writing within fourteen calendar days of the decision of the Disciplinary Committee. The decision as to whether to grant such a leave to appeal must be given within fourteen calendar days of the receipt of the request. All petitions for leave to appeal must be lodged within fourteen calendar days of a request to grant the right to appeal being refused. All requests to review an appeal decision must be lodged within fourteen days of the appeal being decided. The Provincial or Federal Disciplinary Committee must decide if it is to review the matter within fourteen days. If it agrees to review the matter then it must conclude its work and reach a decision within a month of the date it agreed to review the decision. 3.43 In the case of the Federal Conference having to deal with an appeal the procedure shall be as follows: All time frames for granting leave to appeal shall be as set out in S 3.42. If this is refused, any petition for leave to appeal must still be lodged in the timeframe set out in S3.42, but will only be decided on at the next scheduled conference unless the party seeking the appeal can demonstrate to the Federal 12 Council why this would result in a grave injustice in which case the Federal Council must determine if an urgent Federal Conference must be called to determine if such an appeal should be heard. A Federal Conference, or an urgent Federal Conference so called, if it agrees an appeal should be heard has two months to process the appeal using members duly appointed by the Federal Conference. In such a case the timeframes for reviewing any such appeal decision remain as in S3.42.
3.44 To facilitate the process a full disclosure of pertinent documentation must take place at an agreed time before the disciplinary hearing, although in itself failure to do so will not constitute grounds for appeal. When a disciplinary hearing is concluded copies of the transcript of the hearing must be provided to the next highest structure automatically in all cases, whether an appeal is to be heard, or not. If the Disciplinary Committee is requested to grant leave to appeal, all such documentation must be forwarded to the next highest structure, whether this is granted, or not. If the accused petitions for leave to appeal the structure, which is to decide on the matter must receive an answering affidavit from the Disciplinary Committee as to why they refused to grant the right to appeal. Transcripts of any appeal must be forwarded to the Provincial Disciplinary Committee, or Federal Disciplinary Committee, as the case may be, regardless as to whether the matter is going to be reviewed or not. If a request is made to review the appeal decision, the structure that heard the appeal must provide an answering affidavit to the documents provided by the party seeking the appeal.
3.45 The sanctions that a disciplinary committee may impose will vary according to the severity of the offence, and may be: a) A warning b) Censure c) Dismissal from any office held as a public representative d) Suspension or dismissal from any position held as an office bearer e) A fine f) Suspension of membership 13 g) Expulsion
4. ORGANIZATION OF THE PARTY
4.1 The Party is a juristic person that may sue or be sued in its name. Each Province, however, is a distinct juristic person capable of suing and being sued.
4.2 The primary unit of organization will be the Branch. Every member is required to belong to a Branch and work towards furthering Party mobilization in the Branch. This shall include recruiting new members, fundraising for Branch activities, publicizing the fundamental beliefs and policies of the Party, election campaigning, and the conducting of any campaign requested by the Constituency Committee.
4.3 Each Branch shall consist of at least 100 members, unless the Province has agreed to a lesser number in a specific case to aid initial mobilization. Branches shall have an Executive Committee elected annually in June.
4.4 The Branch Executive shall consist of: a) The Chairperson b) The Deputy Chairperson a) The Secretary b) The Deputy Secretary c) The Treasurer d) The Deputy Treasurer e) The Publicity Secretary f) The Deputy Publicity Secretary 14 g) The Community Development Secretary h) The Deputy Community Development Secretary 4.5 The Branch Executive must meet at least once a month and a quorum shall consist of half the members of the Executive.
4.6 The Branch Chairperson shall call and preside over all meetings of the Branch and its Executive Committee. He, or she, shall also lead all mobilization campaigns to grow Party support in the area of the Branches activities, including mobilizing voters prior to, and during, elections for public representatives. In his, or her, absence the Branch Deputy Chairperson shall perform such activities.
4.7 The Branch Secretary shall write and keep minutes of all Branch meetings and Executive meetings. He, or she, will also conduct all correspondence on behalf of the Branch, and maintain records of all documentation sent and received. He or she will also compile an annual report on Branch activities in May of each year, which will be submitted to the Constituency Committee Secretary. In his or her absence the Deputy Secretary shall perform such tasks.
4.8 The Branch Treasurer shall be responsible for collecting all membership funds, or donations received by the Branch, and he or she shall remit seventy percent of all funds received to the Constituency Treasurer. He or she shall keep a detailed set of accounts itemizing money received, money transferred to the Constituency, and the expenditure of money kept by the Branch, this shall include compiling monthly returns and an annual financial statement. He or she will issue membership cards and receipts and compile a monthly membership return. He or she shall be responsible for all Branch fundraising efforts. In his or her absence the Deputy Treasurer shall perform such tasks.
15 4.9 The Publicity Secretary shall be responsible for publicizing the activities of the Branch and the activities of the Party in general. This shall include, but not be limited to liaising with local media, public relations and marketing campaigns. In his or her absence the Deputy Publicity Secretary will perform such tasks.
4.10 The Community Development Secretary will identify worthy community development projects where the Branch can assist, or initiate such projects. He or she will also compile a database of the skills and expertise of Branch Members so that they may be tapped for pertinent community development projects. In his or her absence the Deputy Community Development Secretary shall perform such functions.
4.11 In all cases deputies shall assist their principals in their functions.
4.12 For every five branches there shall be a Constituency, unless the Province has agreed to a lesser number of Branches forming a Constituency to assist initial mobilization. 4.13 The Constituency shall coordinate Branch mobilization campaigns aimed at popularizing the fundamental beliefs and policies of the Party, recruitment, fundraising and election campaigning, where larger campaigns than what a Branch could do on its own are desirable. It shall act as a communication channel between Districts and Branches. It shall also develop and interpret Party policies to make them relevant and pertinent to local circumstances, in so doing it will liaise closely with any public representatives the Party may have in local municipalities. It will assist Branches wherever possible when requested to do so by the Branch Executive. It will also conduct activities requested of it by the District. It shall further organize an annual Constituency Meeting consisting of the Constituency Executive and all Branch Executives.
16 4.14 A Constituency Executive shall manage the activities of a Constituency. It shall be elected annually and must include members from all Branches that form the Constituency. It shall have the same Executive structure as the Branch Executive. Members of the Executive will perform the same functions as their counterparts on the Branch Executive, but will focus only on functions spelled out in 4.13, excepting where this Constitution specifically gives them a monitoring role over their counterparts at the Branch level. 4.15 The Constituency is required to transfer seventy percent of the funds it receives from Branches to the Districts. The same applies to any money it raises directly through fundraising activities.
4.16 For every District Municipality, or Metropolitan Council in South Africa a District Committee shall exist, provided that where membership does not exceed five hundred members the functions of the District Committee will be devolved to the relevant Constituency Committee.
4.17 The District shall coordinate mobilization campaigns aimed at popularizing the fundamental beliefs and policies of the Party, recruitment, fundraising and election campaigning, where District wide campaigns are desirable. It shall act as a communication channel between the Province and the Constituency. It shall also develop and interpret Party policies to make them relevant and pertinent to circumstances that prevail at the District level, in so doing it will liaise closely with any public representatives the Party may have in District or Metropolitan municipalities. It will assist Constituencies wherever possible when requested to do so by the Constituency Executive. It will also conduct activities requested of it by the Province. It shall further organize an annual District Meeting consisting of the District Executive, all Constituency Executives, four members per Branch Executives, the Chair and Secretary of the District Leaders of Tomorrow Movement, and the Chair and Secretary of the District Sisters of Freedom.
17 4.18 A District Executive shall manage the activities of a District. It shall be elected annually. It shall have the same Executive structure as the Branch and Constituency Executive, but will also include the Chair and Secretary of the District Leaders of Tomorrow Movement, and the Chair and Secretary of the District Sisters of Freedom. Members of the Executive will perform the same functions as their counterparts on the Constituency Executive, but will focus only on functions spelled out in S4.17, excepting where this Constitution specifically gives them a monitoring role over their counterparts at the Constituency level. 4.19 The District is required to transfer seventy percent of the funds it receives from Constituencies to the Province. The same applies to any money it raises directly through fundraising activities.
4.20 The District Leaders of Tomorrow Movement shall be tasked with mobilizing the Youth of the District. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the District Executive. The powers of these office bearers will mirror those of the District Executive, but will be limited to Youth matters. The Executive will be elected annually, and only those under thirty years will be eligible for election.
4.21 The District Sisters of Freedom shall be tasked with mobilizing the women of the District. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the District Executive. The powers of these office bearers will mirror those of the District Executive, but will be limited to issues specific to the mobilization of women. The Executive will be elected annually. THE PROVINCIAL COUNCIL 18 4.22 For every Province in South Africa a Provincial Council shall exist, provided that where membership does not exceed five hundred members the functions of the Provincial Council will be devolved to the relevant District or Constituency Committee.
4.23 The Provincial Council shall be the supreme decision making body in the Province. It will coordinate mobilization campaigns aimed at popularizing the fundamental beliefs and policies of the Party, recruitment, fundraising and election campaigning, where Province wide campaigns are desirable. It shall act as a communication channel between the Federal Council and the District. It shall also develop and interpret Party policies to make them relevant and pertinent to circumstances that prevail in the particular Province, in so doing it will liaise closely with any public representatives the Party may have in Provincial Legislatures to devise ways to implement such policies, or to have them articulated in the Legislature. It will assist Districts wherever possible when requested to do so by the District Executive. It will also conduct activities requested of it by the Federal Council.
4.24 Regular bi-monthly meetings of the Provincial Council shall be called by the Provincial Council Executive and should include members of the Provincial Council Executive and five members from each District Executive in the Province It shall further organize an annual Provincial Conference consisting of the Provincial Council Executive, five members from each District Executive, three members from all Constituency Executives, two members per Branch Executives, the Chair and Secretary of the Provincial Leaders of Tomorrow Movement, and the Chair and Secretary of the Provincial Sisters of Freedom.
4.25 A Provincial Council Executive shall manage the activities of a Province. It shall be elected every three years by the Provincial Council conference, provided that where a vacancy exists the Provincial Council may appoint someone in an acting capacity subject to the conference’s ratification.
19 4.26 The Provincial Council Executive shall have the same Executive structure as the Branch and Constituency Executive, but will also include all District Chairpersons from that Province, the Chair and Secretary of the Provincial Leaders of Tomorrow Movement, and the Chair and Secretary of the Provincial Sisters of Freedom. Members of the Executive will perform the same functions as their counterparts on the District Executive, but will focus only on functions spelled out in S4.23, excepting where this Constitution specifically gives them a monitoring role over their counterparts at the Constituency level. The District Chairpersons will not hold any portfolios, but will serve as additional members of the Provincial Council Executive
4.27 The Province is required to transfer fifty percent of the funds it receives from Districts to the Federal Council Executive. The same applies to any money it raises directly through fundraising activities.
4.28 The Provincial Leaders of Tomorrow Movement shall be tasked with mobilizing the Youth of the Province. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the Provincial Council Executive. The powers of these office bearers will mirror those of the Provincial Council Executive, but will be limited to Youth matters. The Executive will be elected every three years, and only those under thirty years will be eligible for election. 4.29 The Provincial Sisters of Freedom shall be tasked with mobilizing the women of the Province. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the Provincial Council Executive. The powers of these office bearers will mirror those of the Provincial Council Executive, but will be limited to issues specific to the mobilization of women. The Executive will be elected every three years. 20
THE FEDERAL COUNCIL
4.30 The Party shall have a Federal Council at the national level consisting of: a) The President b) The Deputy President c) The Federal Chairman d) The Deputy Federal Chairman e) The Secretary General f) The Deputy Secretary General g) The Federal Treasurer h) The Deputy Federal Treasurer i) The Federal Spokesperson j) The Deputy Federal Spokesperson k) All Provincial Chairpersons l) All Provincial Secretaries m) All Provincial Treasurers n) All Provincial Publicity Secretaries o) All Provincial Community Development Secretaries p) The Federal Chairman of the Leaders of Tomorrow Movement q) The Federal Secretary of the Leaders of Tomorrow Movement r) The Federal Chairperson of the Sisters of Freedom s) The Federal Secretary of the Sisters of Freedom.
4.31 The office bearers listed in S4.30 (a)-(j) shall be elected every three years by the Federal Conference. If any resigns, dies, or is unable to fulfill his or her duties the following Federal Conference will hold fresh elections for the vacant position. In the case of the Presidency if both the position of President and Deputy President are vacant then the Federal Chairperson will act until the Federal Conference.
4.32 The Federal Council shall be the national decision making body of the Party, but it shall only be empowered to make decisions on matters that do not fall within the scope of the Provincial Council. It will coordinate mobilization campaigns aimed at popularizing the 21 fundamental beliefs and policies of the Party, recruitment, fundraising and election campaigning, where national campaigns are desirable, but it shall do so in consultation with Provincial Councils. It shall communicate with all structures through the Provincial Council. It shall also develop and interpret Party policies to make them relevant and pertinent to circumstances that prevail in the country at large, in so doing it will liaise closely with any public representatives the Party may have in National Parliament to devise ways to implement such policies, or to have them articulated in Parliament. This may include the formation of portfolio committees on policy that match the Government Departments made up of elected office bearers and public representatives, which will oversee the formulation of policy recommendations for Federal Council approval, and the implementation of policies, so approved. It will assist Provinces wherever possible when requested to do so by the Provincial Council. 4.33 Regular quarterly meetings of the Federal Council shall be called by the Federal Executive Committee.
4.34 It shall further organize an annual Provincial Conference consisting of the Federal Council, all Provincial Council Executives, four members from each District Executive, three members from all Constituency Executives, and two members per Branch Executive.
4.35 There shall be a Federal Executive Committee (FEC) consisting of those listed in S4.30 (a)- (l) that shall manage the affairs of the Party at national level between Federal Council meetings.
4.36 The FEC shall have the following powers: a. carry out the instructions and decisions of the Federal Conference b. attend to the day-to-day logistical operations and matters of the organization. c. supervise and give timeous political direction to the organization. d. manage and control all assets of the organization. e. issue documents and policy directives as and when it deems it necessary to do so. 22 f. supervise, direct and delegate the work of the organization through the structures. g. receive and react to political reports from party structures. h. summons leaders to appear to account to it, and may initiate disciplinary procedures when deemed necessary. i. may dissolve a structure that has been wrongly constituted, or which has failed to meet the Party’s reporting requirements. j. may bestow powers of the President to the Deputy President in the case of prolonged incapacity, inactivity or non-attendance of FEC meetings, death or severe illness. k. annually appoint a National List Committee of between seven and ten members and supply this Committee with the rules, regulations and criteria necessary for it to produce proposed lists of public representatives for Parliament and the various legislatures.
4.37 Members of the Federal Executive Committee will focus only on functions spelled out in S4.34-S4.36, excepting where this Constitution specifically gives them a monitoring role over their counterparts at the Provincial level.
4.38 The President shall be the principal officer of the Party and must be available to make decisions at a Federal level on a day to day basis in consultation with the Federal Executive Committee. He or she shall be able to call meetings of the Federal Council, be the Party’s chief spokesperson, serve as the official representative of the Party in national and international forums, and shall enjoy any other powers specified in this Constitution, including: Present a comprehensive report to the annual Federal Conference on the state of the Party in consultation with the FEC appoint policy advisors Make pronouncements pertaining to policy on behalf of the FEC.
4.39 The Deputy President will perform these functions in the event he or she is not available.
23 4.40 The Federal Chairperson shall preside over Federal Council meetings, Federal Executive meetings, and the Federal Conference. He or she shall also spearhead the policy formation process within the Party at the Federal level, and perform whatever other tasks are assigned to him or her in terms of this Constitution. In his or her absence his or her Deputy Chairperson shall perform these functions.
4.41 The Secretary General, and in his or her absence, the Deputy Secretary General shall oversee all Party communication at the Federal level. He shall manage the running of the Federal Office, oversee the implementation of Federal Council resolutions, and have the powers enjoyed by secretaries in other Party structures.
4.42 The Federal Treasurer is required to return to Provincial Councils any funds received from Provinces but not expended in running the Federal Office in a calendar year. Fifty percent of all funds raised directly through fundraising activities must also be distributed to Provincial Councils. The Party is a non- profit making institution and as such no income will be distributed to members as a dividend or share of profit. The Federal Treasurer shall not have the power to bind any other organ of the Party in any financial arrangement or debt; neither will such organs be able to bind the Federal Council. Different structures of the party will, therefore, operate separate and distinct banking accounts. He or she must employ a firm of auditors to audit the finances of the Party annually. He must also ensure the proper maintenance of financial records and oversee the preparation of the budget at the Federal level, whilst supervising Federal fundraising efforts.
4.43 The Federal Leaders of Tomorrow Movement shall be tasked with mobilizing the Youth nationally. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the Federal Council. The powers of these office bearers will be limited to Youth matters. The Executive will be elected every three years by a conference of District, Provincial and Federal Executives of the Leaders of Tomorrow Movement, and only those under thirty years will be eligible for election.
24 4.44 The Federal Sisters of Freedom shall be tasked with mobilizing the women of the Province. It shall have its own Executive consisting of a Chairperson, Secretary, Publicity Secretary, Treasurer, and Community Development Secretary, with the Chairperson and Secretary serving on the Federal Council. The powers of these office bearers will be limited to issues specific to the mobilization of women. The Executive will be elected every three years by a conference of the District, Provincial and Federal Executives of the Sisters of Freedom.
4.45 Meetings of all structures of the Party will require a quorum of fifty percent of the members of that structure.
4.46 Voting for all elected positions shall take place by secret ballot.
4.47 Inauguration of all structures is to be done by members of the Provincial Council, or in the case of the Provincial Council by the Federal Council, or its duly appointed representatives. Elections of office bearers in the Federal Council are to be run by an independent, outside, electoral institute.
4.48 An individual may not be an office bearer at different levels of the organization, except where specifically provided for in terms of the Constitution. 25 5. THE CODE OF CONDUCT FOR PUBLIC REPRESENTATIVES
5.1 An enforceable code of conduct shall bind all the Party’s public representatives at the national, provincial, and local levels.
5.2 Breach of such a code of conduct will result in the instigation of disciplinary procedures, and depending on the severity may result in the public representative being removed from office. All public representatives agree to abide by such a code of conduct and accept whatever sanction may be imposed if they are found to have breached the code of conduct.
CONDUCT OF PUBLIC REPRESENTATIVES
5.3 Public representatives are accountable to the electorate and have a duty to maintain public trust in the Party
5.4 They have an obligation to perform their tasks with honesty and integrity and in furtherance of the fundamental beliefs and policies of the Party.
5.5 They are required to exercise their public duties in an open and transparent manner and to regularly update constituents and Party organs regarding their activities.
5.6 They are expected to conduct themselves in a manner that exemplifies the idea of leadership by example.
5.7 They must not use their role as a public representative to gain financial or material benefits for themselves or their families.
26 5.8 They must not place themselves under financial or other obligations to outside individuals or organizations that might improperly influence the performance of their duties. They must desist from any form of lobbying for remuneration.
5.9 All decisions including, but not limited to, the making of appointments and the awarding of contracts must be made on individual merit.
5.10 They must, whenever it arises, declare any private interest that may impact on the exercising of their official duties, and where necessary recuse themselves from any such decision making process.
5.11 They must take steps to resolve any conflict of interest that may arise in a manner that protects the public interest.
5.12 They must advise the Party of any remunerated employment engaged in aside from their role as a public representative and the Party must decide if this is compatible with the work of a public representative, if found not to be the representative will be required to decide between his or her role as a public representative or such outside employment.
5.13 Public representatives are not to use their position to gain an improper advantage in any commercial transaction, and they must not use privileged information to advance a private interest.
27 6. AMENDMENT PROCEDURE AND PETITIONS AMENDMENT PROCEDURE
6.1 A properly constituted Federal Conference of the Party may only amend this Constitution.
6.2 The required majority for amending this Constitution is a simple majority of the delegates present at such a Federal Conference, except with regard to any amendment of the Bill of Rights where a two-thirds majority is required.
6.3 Voting shall be by secret ballot.
6.4 Nothing in this constitution prohibits a Provincial Council adopting its own constitution for the particular Province provided it does not conflict with this Constitution in any way, and provided the supremacy of this Constitution is acknowledged should any dispute arise.
6.5 Any member of the Party has the right to petition the Provincial Council of the Province where he is a member on any issue of concern to him or her, be it a policy matter or a leadership matter.
6.6 Petitions should only be directed to the Federal Council where the petition concerns a national issue.
6.7 A petition so received must be addressed without delay and the petitioner must immediately be informed of the Provincial or Federal Council’s decision on the matter. 28
6.8 Petitions to recall an elected leader of a Party structure before his or her term has expired require thirty signatures of members of the said structure.
6.9 After receiving a duly completed petition in terms of S6.8 the following procedure must be followed: (a) A duly properly constituted meeting of the structure must be called by the Provincial Council, or in the Province’s case the Federal Council, or in the Federal Council’s case a majority of the Provincial Chairman. b) At such a meeting a vote must be taken by secret ballot to assess if the petition has the support of the majority of the members of the structure. c) If it does not the petition fails and no similar petition may be submitted for a year thereafter. d) If it succeeds then the petition succeeds and fresh elections are held for the position or positions the petition related to. The person(s) who was the incumbent(s) prior to such an election resulting from the petition has a right to stand in such an election, as does any other member of the structure. The term of office for any individual(s) so elected shall not exceed that which would have pertained had such a petition not have been introduced.
6.10 A petition demanding the suspension of any Party policy, or wishing to halt the introduction of such a policy must have the signatures of twenty members of the structure concerned.
6.11 Once such a duly completed petition is received the relevant structure must call an extraordinary meeting where the petition is discussed, and where the majority of members of that structure, takes a decision by secret ballot, whether the said policy should be retained, rejected, or amended according to the petition. In the case of a policy to be introduced its coming into operation is delayed until such an extraordinary meeting has taken place to decide if it should be introduced, rejected, or amended accordingly.
This is how we will go forward – “BUILDING A BETTER TOMORROW TOGETHER - we stand for Truth and real Reconcilation ”