Modeled on NADECO with a couple of exceptions ,....................
CURRENTLY PROPOSED as..........1
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Truth & Reconcilation Party of South Africa
CONSTITUTION
CONTENTS
1. PREAMBLE
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
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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.
IMPORTANTLY HOWEVER WE PREFER NOT TO BE LEGISLATED IN REGARDS TO MATTERS LIKE who we associate with and strongly oppose in very uncertain terms certain bad government policies and ill conceived Broad Based Affirmative and Economic Empowerment Policies ,ill conceived,"vote-buying" and race prejudice induced land redistribution on ideological pretexts where these policies are not based on Common sense and agriculture economics action. 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.
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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.
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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.
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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
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their rights have been infringed, but in the interests of Party unity internal remedies
in terms of S 3.4 should be exhausted first.
MEMBERSHIP
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
RIGHTS
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
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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.
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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.
DISCIPLINARY PROCEDURE
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.
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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.
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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.
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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
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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
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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.
THE BRANCH
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
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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.
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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.
THE CONSTITUENCY
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.
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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.
THE DISTRICT
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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
GENERAL
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.
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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.
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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.
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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.
PETITIONS
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.
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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 ”
FREE HUMANANTIES LIBERATORS like DR SESEJL !
