African National Congress Constitution

8/3/2019 African National Congress Constitution

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African National Congress Constitution

as amended and adopted at the 52nd National Conference, Polokwane, 2007

Contents

PreambleRule 1 NameRule 2 Aims and ObjectivesRule 3 The Character of the ANCRule 4 MembershipRule 5 Rights and Duties of MembersRule 6 Gender and Affirmative ActionRule 7 Organisational StructureRule 8 The HeadquartersRule 9 Provinces

Rule 10 The National ConferenceRule 11 Duties and Powers of the National ConferenceRule 12 National Executive CommitteeRule 13 National Working CommitteeRule 14 The Electoral CommissionRule 15 The National Finance CommitteeRule 16 Duties and Functions of OfficialsRule 17 Provincial ConferenceRule 18 The Provincial General CouncilRule 19 The Provincial Executive CommitteeRule 20 The Provincial Working CommitteeRule 21 RegionsRule 22 Provincial ChaplainciesRule 23 BranchesRule 24 Zonal Structures and Sub RegionsRule 25 DisciplineRule 26 Rules and RegulationsRule 27 GeneralRule 28 AmendmentRule 29 Special ConferenceRule 30 Contractual Liability

Rule 31 Borrowing powersRule 32 Transitional ArrangementsRule 33 DissolutionSchedule: ANC Logo and ColoursAppendix: Disciplinary ProcedureGlossary: Explanation of terms used

PREAMBLE

Whereas the African National Congress was founded in 1912 to defend and advance the rights of the

African people after the violent destruction of their independence and the creation of the whitesupremacist Union of South Africa; and

Whereas in the course of fulfilling this historic aim, the ANC has emerged to lead the struggle of all


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democratic and patriotic forces to destroy the apartheid state and replace it with a united, non-racial,non-sexist and democratic South Africa in which the people as a whole shall govern and all shall enjoyequal rights; and

Whereas through the struggles and sacrifices of its members over the generations, the ANC has come tobe recognised as the central organiser and inspirer of a vast popular upsurge against apartheid, involving agreat array of social, cultural, religious, trade union, professional and political organisations;

Whereas the fundamental goal of the ANC remains to construct a united, non-racial, non-sexist,democratic and prosperous society in South Africa;

And whereas the historic April 1994 election has placed the ANC in the position of responsibility forleading the process of reconstruction and development a imed at e radicating the problems of poverty andinequality created by apartheid and creating a just and equitable economic and social order;

Now therefore, the National Conference of the ANC, duly constituted and assembled, cognisant of thehistoric mission of the ANC and of the need to build a mass based democratic structure to enable it tofulfil its historic mission, hereby adopts this amended Constitution.

Rule 1 NAME

The name of the organisation is the African National Congress, hereinafter referred to as the ANC.

The logo and the colours of the ANC are as described in the attached schedule.

Rule 2 AIMS AND OBJECTIVES

The aims and objectives of the ANC are to:

2.1 Unite all the people of South Africa, Africans in particular, for the complete liberation ofthe country from all forms of discrimination and national oppression.2.2 End apartheid in all its forms and transform South Africa as rapidly as possible into aunited, non-racial, non-sexist and demo-cratic country based on the principles of the FreedomCharter and in pursuit of the national democratic revolution.2.3 Defend the democratic gains of the people and to advance towards a society in which thegovernment is freely chosen by the people according to the principles of universal suffrage ona common voters role.2.4 Fight for social justice and to eliminate the vast inequalities created by apartheid and thesystem of national oppression.2.5 Build a South African nation with a common patriotism and loyalty in which the cultural,

linguistic and religious diversity of the people is recognised.2.6 Promote economic development for the benefit of all.2.7 Support and advance the cause of womens emancipation.2.8 Support and advance the cause of national liberation, development, world peace,dis-armament and environmentally sustainable development.2.9 Support and promote the struggle for the rights of children and the disabled.

Rule 3 THE CHARACTER OF THE ANC

3.1 The ANC is a non-racial and non-sexist and democratic liberation movement.

3.2 Its policies are determined by the membership and its leadership is accountable to themembership in terms of the procedures laid down in this Constitution.3.3 The ANC also contests elections as a registered political party drawing its electoralsupport from all sections of South African society.3.4 The ANC shall, in its composition and functioning, be democratic, non-racial and


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non-sexist and against any form of racial, tribalistic or ethnic exclusivism or chauvinism.3.5 While striving for the maximum unity of purpose and functioning, the ANC will respectthe linguistic, cultural and religious diversity of its members.3.6 The ANC will support the emancipation of women, combat sexism and ensure that thevoice of women is fully heard in the organisation and that women are properly represented atall levels.3.7 The principles of freedom of speech and free circulation of ideas and information willoperate within the ANC.3.8 Membership of all bodies of the ANC will be open to all men and women in theorganisation without regard to race, colour or c reed.3.9 The ANC co-operates closely with religious bodies in the country and provides, on aninterfaith basis, for the recognition of the spiritual needs of its many members who arebelievers.

Rule 4 MEMBERSHIP

4.1 Membership of the ANC shall be open to all South Africans above the age of 18 years,irrespective of race, colour and creed, who accept its principles, policies and programmes and

are prepared to abide by its Constitution and rules.4.2 Spouses or children of South Africans who have manifested a clear identification with theSouth African people and its struggle, may apply for membership.4.3 All other persons who have manifested a clear identification with the South Africanpeople and their struggle and are resident in South Africa may apply for membership.4.4 The National Executive Committee may, acting on its own or on the recommendation ofbranch or provincial executive committees, grant honorary membership to those men andwomen who do not qualify for membership under Rules 4.1, 4.2 or 4.3, but who havedemonstrated an unwavering commitment to the ANC and its policies.4.5 Applications for membership shall be considered by the branch executive committeewhere such exists, and by the regional executive committee, if no branch executivecommittee exists. The branch executive committee, the regional executive committee, or suchinterim structures as the Provincial Executive Committee or the NEC may create from time totime to decide on applications, may accept or refuse any application for membership providedsuch acceptance or refusal shall be subject to review by the next higher organ of the ANC.4.6 Membership cards will be issued to registered members of the ANC and to persons whoseapplication for membership has been accepted, subject to review as aforesaid, and, in allcases, subject to payment of the prescribed subscription. An applicant will be issued with anacknowledgement of provisional membership and the details of the branch andconstituency/area in which the applicant resides and any available information about the localbranch structures.

4.7 a) Provisional membership will apply to persons who wish to join the organisation for thefirst time or who wish to re-join the organisation after a considerable lapse of time.

b) Provisional membership rights com-mence from the date of production ofacknowledgement following receipt of the application and the appropriatemembership subscription. A provisional member may attend branch meetingsonly in a non-voting capacity.

4.8 Any objection to any application for membership may be made by any member of theANC to the branch, regional or provincial secretary within eight weeks of the notification.4.9 At any time before the individual is accepted as a full member of the organisation, or in

exceptional circumstances even after the member has been admitted, the Secretary-Generalmay rule that the application or the membership may be rejected if it was invalidly obtained.4.10 In the absence of any objection from the structures and/or any ruling by the Secretary-General, the applicant shall, on the expiry of eight weeks from the date of notification ofprovisional membership, become a full member. The provisional member will then be


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transferred to the national membership list as a full member as soon as is practicable.4.11 The reasons for the rejection of an application for membership by the Secretary-Generalor the objection by the membership to the application for membership must be sent to theindividual applicant in writing.4.12 Membership cards will be issued to registered members of the ANC and to personswhose application for membership have been accepted, subject to review and subject topayment of the prescribed subscription in all cases.4.13 Members shall pay an annual subscription fee as determined by the National ExecutiveCommittee.4.14 Non-earning members or those on reduced incomes will pay such fees as are determinedby the NEC.4.15 On being accepted in the ANC, a new member shall, in a language he or she knows well,make the following solemn declaration to the body or person designated to administer suchoaths:

I, ..............., solemnly declare that I will abide by the aims and objectives of theAfrican National Congress as set out in the Constitution, the Freedom Charterand other duly adopted policy positions, that I am joining the organisation

voluntarily and without motives of material advantage or personal gain, that Iagree to respect the Constitution and the structures and to work as a loyalmember of the organisation, that I will place my energies and skills at thedisposal of the organisation and carry out tasks given to me, that I will worktowards making the ANC an even more effective instrument of liberation in thehands of the people, and that I will defend the unity and integrity of theorganisation and its principles, and combat any tendency towards disruption andfactionalism.

4.16 Members who fail to pay their subscriptions for three months and having being remindedof their lapse will not be regarded as members in good standing until they pay their arrears.

Rule 5 RIGHTS AND DUTIES OF THE MEMBERS

5.1 Rights:

A member of the ANC is entitled to:

Take a full and active part in the discussion, formulation and implementation of thepolicy of the ANC.

a.

Receive and impart information on all aspects of ANC policy and activities.b.Offer constructive criticism of any member, official, policy programme or activity of

the ANC within its structures.

c.

Take part in elections and be elected or appointed to any committee, structure,commission or delegation of the ANC.

d.

Submit proposals or statements to the branch, province, region or NEC, provided suchproposals or statements are submitted through the appropriate structures.

e.

5.2 Duties:

A member of the ANC will:

Belong to and take an active part in the life of his or her branch.a.

Take all necessary steps to understand and carry out the aims, policy and programme ofthe ANC.

b.

Explain the aims, policy and programme of the ANC to the people.c.Deepen his or her understanding of the social, cultural, political and economic problemsd.


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of the country.Combat propaganda detrimental to the interests of the ANC and defend the policy,aims and programme of the ANC.

e.

Fight against racism, tribal chauvinism, sexism, religious and political intolerance or anyother form of discrimination or chauvinism.

f.

Observe discipline, behave honestly and carry out loyally decisions of the majority anddecisions of higher bodies.

g.

Inform his or her branch of movement to any other area and report to the branchcommittee secretary on arriving at any new area.

h.

Refrain from publishing and/or distributing any media without authorisation whichpurports to be the view of any organised grouping, faction or tendency within the ANC.

i.

All members shall ensure that they are registered as voters in the constituency wherethey live.

j.

ANC members who hold elective office in any sphere of governance at national,provincial or local level are required to be members of the appropriate caucus, tofunction within its rules and to abide by its decisions under the general provisions ofthis Constitution and the constitutional structures of the ANC.

k.

Rule 6 GENDER AND AFFIRMATIVE ACTION

6.1 In the endeavour to reach the objective of full representation of women in all decision-making structures, the ANC shall implement a programme of affirmative action, including theprovision of a quota of not less than fifty percent (50%) of women in all elected structures ofthe ANC to enable such effective participation.6.2 The method of such implementation will be addressed in all ANC structures immediatelyand on a continuing basis.

Rule 7 ORGANISATIONAL STRUCTURE

7.1 The ANC consist of the following organs:

The National Conference which elects the National Executive Committee.a.The Provincial Conference which elects the Provincial Executive Committee.b.The Regional Conference which elects the Regional Executive Committee.c.The Branch Bi-annual General Meeting which elects the Branch Executive Committee.d.

7.2 Branches may be grouped together in zones and may be subdivided into smaller units suchas street committees, and zones may be grouped into sub-regions.

7.3 The ANC Womens League is open to women who are members of the ANC and has thesame basic structure, namely, national, provincial and branch. Its objectives are to defend andadvance the rights of women, both inside and outside the ANC, against all forms of national,social and gender oppression and to ensure that women play a full role in the life of theorganisation, in the peoples struggle and in national life. The Womens League will functionas an autonomous body within the overall structure of the ANC, of which it will be an integralpart, with its own Constitution, rules and regulations, provided that these shall not be inconflict with the Constitution and policies of the ANC.

7.4 The ANC Youth League is open to all persons between the ages of 14 and 35. It willoperate on a national, provincial and branch basis. Its objectives are to unite and lead young

men and women in confronting and dealing with the problems that face the youth, and inensuring that the youth make a full and rich contribution to the work of the ANC and the lifeof the nation. The Youth League will function as an autonomous body within the overallstructure of the ANC, of which it will be an integral part, with its own Constitution, rules andregulations, provided that these shall not be in conflict with the Constitution and policies of


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the ANC.

7.5 Members of the Youth League over the age of 18 are expected to play a full part in thegeneral political life of the ANC.

7.6 A member of the Youth League shall not be eligible for any position as office-bearer ofthe ANC or to attend ANC conferences, members or executive meetings of the ANC (unlessspecially invited), unless he or she is a full member of the ANC.

7.7 The ANC Veterans League is open to all ANC members 60 years of age or older, whohave served the ANC and the movement over an unbroken period of 40 years. It will operateon a national, provincial and branch basis. Its objectives are to ensure that veterans make afull and rich contribution to the work of the ANC, the movement and the life of the nation.The Veterans League will function as an autonomous body within the overall structure of theANC, of which it will be an integral part, with its own Constitution, rules and regulations,provided that these shall not be in conflict with the Constitution and policies of the ANC.

Rule 8 THE HEADQUARTERS

The site of the National Headquarters of the ANC will be determined by the NEC.

Rule 9 PROVINCES

9.1 For purposes of ANC structures, the country will be divided into the following provinces,which will be demarcated to correspond strictly to the provincial boundaries established in theSouth African Constitution:

Western Cape, Northern Cape, Eastern Cape, KwaZulu/Natal, Free State,Gauteng, Limpopo, Mpumalanga and North West.

9.2 The provincial headquarters will be deter-mined by the Provincial Conference.

Rule 10 THE NATIONAL CONFERENCE

10.1 The National Conference is the supreme ruling and controlling body of the ANC. It shallbe composed of:

10.1.1 Voting delegates:

At least 90% of the delegates at Conference shall be from branches,

elected at properly constituted branch general meetings. The number ofdelegates per branch shall be in proportion to its paid up membership,provided that each branch in good standing shall be entitled to at least onedelegate.

1.

The number of delegates to be allocated to each province to attendNational Conference shall be fixed by the NEC in proportion to the paidup membership of each province.

2.

All members of the National Executive Committee shall attend, ex-officio,as full participants in and as delegates to the Conference.

3.

The remainder of the 10% of voting delegates at the Conference shall beallocated by the NEC from among the Provincial Executive Committees,the ANC Veterans League, the ANC Youth League and the ANCWomens League.

4.

10.1.2 Non-Voting Delegates:


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The NEC may invite individuals, who have made a special contribution to thestruggle or who have special skills or experience, to attend the Conference.

10.2 The NEC will appoint a conference preparatory committee which will circulateconference information in advance, determine the precise procedure for selection of delegatesand indicate how the membership can then ensure their concerns are on the agenda.

10.3 The Conference shall determine its own procedures in accordance with democratic

principles.

10.4 Voting on key questions shall be by secret ballot if at least one third of the delegates atNational Conference demand it.

10.5 The National Conference will be convened at least every five years.

National General Council

10.6 A National General Council may be convened by the NEC from time to time, providedthat the NEC shall convene a National General Council not later than 30 months after

National Conference.

10.7 The NEC will, after consultation with Provinces, determine the composition of theNational General Council.

10.8 The National General Council will:

Subject to paragraphs (c) and (d) below, determine and review the policies andprogrammes of the ANC;

a.

Receive and discuss reports of the NEC;b.Have the right to ratify, alter or rescind any decision taken by any of the constituent

bodies, units or officials of the ANC, except National Conference, including theevaluation of the performance of members of the NEC;

c.

Have the power to discuss any issue it deems necessary taking into account policies anddirectives of the National Conference.

d.

Subject to Rule 12.3(g), it may fill vacancies that have arisen in the NEC provided thatsuch vacancies do not exceed 50% of the NEC.

e.

Rule 11 DUTIES AND POWERS OF THE NATIONAL CONFERENCE

The National Conference shall:

11.1 Decide and determine the policy, programme and Constitution of the ANC.11.2 Receive and discuss the reports of the NEC which shall include the Presidential Address,the Secretary Generals Report, which shall include a report on the work and activities of theVeterans League, Womens League and Youth League, and the Treasurer Generals Report.11.3 Have the right and power to review, ratify, alter or rescind any decision taken by any ofthe constituent bodies, units or officials of the ANC.11.4 Elect the President, the Deputy President, National Chairperson, the Secretary General,Deputy Secretary General, the Treasurer General and the remaining 80 additional members ofthe NEC.11.5 Have the power to elect or appoint any commission or committee and assign specific

tasks and duties to such commission or committee.

Rule 12 NATIONAL EXECUTIVE COMMITTEE

Powers of the NEC


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12.1 The National Executive Committee is the highest organ of the ANC between NationalConferences and has the authority to lead the organisation, subject to the provisions of thisConstitution.12.2 Without prejudice to the generality of its powers, the NEC shall:

Carry out the decisions and instructions of the National Conference and the NationalGeneral Council.

a.

Issue and send directives and in-structions to and receive reports from the provinces.b.Supervise and direct the work of the ANC and all its organs, including national,provincial and local government caucuses.

c.

Ensure that the provincial, regional and branch structures of the ANC functiondemocratically and effectively. The NEC may suspend or dissolve a PEC wherenecessary. A suspension of a PEC shall not exceed a period of three months. Electionsfor a PEC, which has been dissolved, shall be called within nine months fromdissolution. The National Executive Committee may appoint an interim structure duringthe period of suspension or the dissolution of the PEC to fulfill the functions of thePEC.

d.

Oversee the work of the Veterans League, Womens League and the Youth League.e.

Establish departments and set up committees, as it considers appropriate.f. Manage and control all the national and international property and assets of the ANC.g.Receive reports, supervise the work of, and delegate such functions to the NWC, as itconsiders necessary.

h.

Issue documents and other policy directives as and when it deems fit.i.Confer such honors, as it may deem appropriate.j.Appoint annually a National List Com-mittee of not fewer than five and not more thannine persons for the selection and adoption of candidates for the national Parliament.The NEC shall draw up regulations for the procedures to be followed in such aselection. The National List Committee shall report to the NEC prior to theimplementation of its recommendations. Provincial structures for the adoption of

candidates shall report to the National List Committee.

k.

The NEC may convene a Policy Conference, as a recommendation-making body onany matter of policy, whenever it deems necessary, but the NEC must convene aNational Policy Conference at least six (6) months before the National Conference toreview policies of the ANC and to recommend any new or to amend any present policyfor consideration by the National Conference.

l.

Elections and composition of the NEC

12.3 The National Executive Committee, as a whole, shall not consist of less than fiftypercent (50%) of women. The NEC, except where otherwise stipulated, shall be elected by

secret ballot by the National Conference and shall hold office for five years and shall beconstituted as follows:

The President, Deputy President, National Chairperson, the Secretary General, DeputySecretary General and the Treasurer General who will be elected separately by theNational Conference.

a.

Eighty (80) additional members of the NEC.b.The Chairperson and the Secretary of each elected ANC Provincial ExecutiveCommittee who shall be ex-officio members of the NEC.

c.

The President and Secretary General of the ANC Womens League who shall beex-officio members of the NEC.

d.

The President and Secretary General of the ANC Youth League who shall be ex-officiomembers of the NEC.

e.

The President and Secretary General of the ANC Veterans League who shall beex-officio members of the NEC.

f.


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The NEC may co-opt not more than five (5) additional members at any time during itsterm of office in order to provide for a balanced representation that reflects the truecharacter of the South African people.

g.

Should a vacancy occur on the NEC for any reason, the NEC shall have the power tofill the vacancy by appointing a replacement.

h.

The quorum for meetings of the NEC shall be 50%+1 of its total membership.i.A person must be a paid-up member of the ANC for at least five years before she or hecan be nominated to the National Executive Committee of the ANC.

j.

12.4 Nominations for the NEC members referred to in Rule 12.3(a) and 12.3(b) above shallbe by the following procedure:

(i) Subject to subrule (ii) below, nominations for the posts of:President1.Deputy President2.National Chairperson3.Secretary General4.Deputy Secretary General5.

Treasurer General,6.shall be made by any Province and placed before the National Conference.

a.

ii. A delegate to the Conference shall, however, have the right to nominate anyperson whose name has not been proposed in terms of sub-section (i) above. Insuch event the presiding officer shall call for seconders to the nomination. If suchnomination is seconded by a minimum of twenty-five percent (25%) ofConference delegates, then such nomination must be regarded as having beenduly seconded, in which event the name of such nominees shall be placed on theballot paper. If the nomination fails to secure the support of a minimum of 25%

of conference delegates, such nomination shall fall away.Nominations of candidates for the National Executive Committee other than the abovepositions shall be carried out by the following procedure:

Subject to subrule (ii) below, only those candidates who have been proposed by aProvince shall appear on the National Conference ballot paper.

i.

Subject to subrule (iii) below, a delegate to the conference shall, however, havethe right to nominate any person whose name has not been proposed in terms ofsub-section (i) above. In such event the presiding officer shall call for secondersto the nomination. If such nomination is seconded by a show of hands by a

minimum of twenty five percent (25%) of Conference delegates, then suchnomination must be regarded as having been duly seconded, in which event thename of such nominee shall be placed on the ballot paper. If the nomination failsto secure the support of a minimum of 25% of delegates, such nomination shallfall away.

ii.

Not more than two persons per province may be successfully nominated in termsof (b)(ii) above.

iii.

b.

12.5 For purposes of the nomination procedures referred to in Rules 12.4 (a)(i) and (b)(i), theVeterans League, as a whole, the Womens League, as a whole and the Youth League, as awhole, shall be regarded as a province.

12.6 Voting shall take place by secret ballot. Each voting delegate shall vote once in eachballot.12.7 In accordance with Rule 6, not less than fifty percent (50%) of the directly elected andco-opted members of the NEC must be women.


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12.8 If any Provincial Chairperson or Secretary is elected to the NEC in his or her own rightor as a national official, such person shall vacate the Provincial position, provided that theProvince has the right to make representations to the NEC, in a special case, whereextraordinary circumstances may warrant an exception to this rule. However, when such aprovincial officer is allowed to retain his or her NEC position, the Province shall not beentitled to an additional member on the NEC.12.9 Subject to the provisions of this Constitution, the Secretary General, the DeputySecretary General and the Treasurer General shall be full-time functionaries of the ANC.12.10 The NEC shall meet in plenary session at least once every three months and willprovide broad political and organisational perspectives to the National Working Committee.12.11 The NEC may invite any ANC member in good standing to attend its meetings. Thenumber of invitees shall be limited by the NEC. An invitee can be given a specific assignmentby the NEC, but cannot speak on behalf of the NEC. An invitee may speak and participate atsuch meeting, but shall not vote.

Rule 13 NATIONAL WORKING COMMITTEE

13.1 As soon as possible after the conclusion of the National Conference, the NEC shall meet

and elect a National Working Committee.13.2 The National Working Committee shall be constituted as follows: The President, DeputyPresident, National Chairperson, Secretary General, Deputy Secretary General and theTreasurer General.13.3 In addition, the NEC shall elect additional members to the NWC from among thedirectly elected members of the NEC. These shall not exceed one-quarter of the compositionof the directly elected members.13.4 The members of the National Working Committee may not necessarily be full-timefunctionaries of the ANC. However, the NEC shall determine the extent to which the electedmembers will be full-time functionaries who may be allocated specific responsibilities.13.5 The ANC Veterans League, ANC Womens League and the ANC Youth League shallappoint one representative each to serve on the NWC.13.6 In accordance with Rule 6, not less than fifty percent (50%) of the members of theNWC must be women.13.7 The NWC may invite any ANC member in good standing to attend its meetings. Thenumber of invitees shall be limited by the NWC. An invitee can be given a specificassignment by the NWC, but cannot speak on behalf of the NWC. An invitee may speak andparticipate at such meeting for the purpose for which he or she was invited, but shall not vote.13.8 The National Working Committee will:

Carry out decisions and instructions of the NEC.a.

Conduct the current work of the ANC and ensure that provinces, regions, branches andall other ANC structures, such as parliamentary caucuses, carry out the decisions of theANC.

b.

Submit a report to each NEC meeting.c.

Rule 14 THE ELECTORAL COMMISSION

14.1 The NEC shall appoint an Electoral Commission of not fewer than three members whosetask it will be:

To prepare the ballot papers.a.

To make provision for ballot boxes or other means of secret voting.b.To create machinery for the counting of ballot papers and the effective supervision ofthe counting of votes.

c.

To announce the results of all ballots and make known the number of votes received byd.


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each successful candidate.To establish procedures for voting and to determine any dispute raised in regard toelections and election procedures, and to determine how any t ied vote should beresolved.

e.

14.2. The names of the electoral commission whose work is to commence before Conferenceopens shall be submitted to the National Conference for endorsement and they will then bereinforced by a representative appointed by each Provincial and League delegation.

Rule 15 THE NATIONAL FINANCE COMMITTEE

15.1 The NEC will appoint the National Finance Committee.15.2 The NEC shall determine the composition and powers of the National FinanceCommittee.15.3 The National Finance Committee will report to the NEC at least twice a year on thefinances and budget of the ANC.

Rule 16 DUTIES AND FUNCTIONS OF OFFICIALS

16.1 The President

The President is the political head and chief directing officer of the ANC and the leader of thehouse at a National Conference or National General Council. He or she will:

Make pronouncements for and on behalf of the NEC outlining and explaining thepolicy or attitude of the ANC on any question.

a.

Present to the National Conference and National General Council a comprehensivestatement of the state of the nation and the political situation generally.

b.

Under the overall supervision of the NEC, orient and direct the activities of the ANC.c.

Be an ex-officio member of the NWC.d.

16.2 Deputy President

The Deputy President will assist the President, deputise for him or her when necessary andcarry out whatever functions are entrusted to him or her by the National Conference, theNational General Council, the President, the NWC or the NEC. He or she shall be anex-officio member of the NWC.

16.3 In the event of death or permanent incapacity of the President and the Deputy President,the NEC shall as soon as possible appoint an Acting President until such time as the National

Conference meets. Until such appointment is made, Rule 16.6(g) shall apply.

16.4 The National Chairperson will:

Remain the custodian of the policies adopted and decisions taken by the NationalConference and National General Council and ensure that all organs of the ANCimplement decisions taken by the National Conference, National General Council,NEC and the NWC and operate within the parameters of policy set out by the NationalConference, National General Council and the NEC.

a.

Preside over the National Conference, the National General Council, the NEC and theNWC.

b.

Carry out such additional tasks or functions, as are entrusted to him or her, by theConference, Council, NEC or NWC.

c.

Be an ex-officio member of the NWC.d.


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16.5 In the absence or incapacity of the National Chairperson, the President will assume hisor her functions.16.6 The Secretary General

The Secretary General is the chief administrative officer of the ANC. He or she will:

Communicate the decisions of all national structures of the ANC on behalf of the NEC.a.Keep the minutes of the National Conference, the National General Council, the NEC,

the NWC, as well as other records of the ANC.

b.

Conduct the correspondence of the NEC and the NWC and send out notices of allconferences and meetings at the national level.

c.

Convey the decisions and instructions of the National Conference, the NationalGeneral Council, the NEC and the NWC to the provincial executive committees, andsee to it that all units of the ANC carry out their duties properly.

d.

Prepare annual reports on the work of the NEC and the NWC and such otherdocuments which may, from time to time, be required by the NEC and the NWC.

e.

Present to the National Conference and National General Council a com-prehensivestatement of the state of the organisation and the administrative situation of the ANC.

f.

In the absence of the President and the Deputy President, the Secretary General shallassume the functions of the President.g.All departments shall report on their activities and be accountable to the SecretaryGeneral.

h.

Be an ex-officio member of the NWC.i.

16.7 Deputy Secretary General

The Deputy Secretary General will assist the Secretary General, deputise for him or her whennecessary and carry out the functions entrusted to him or her by the National Conference, theNational Council, the NEC, or NWC and shall be an ex- officio member of the NWC.

16.8 Treasurer General

The Treasurer General is the chief custodian of the funds and property of the ANC. He or shewill:

Receive and bank all monies on behalf of the NEC and shall, together with any twomembers of the NEC, operate a banking account.

a.

Keep such books of account as may be necessary to record clearly the financialposition of the ANC.

b.

Submit to the National Conference a report showing the Income and Expenditure

Account and Balance Sheet of the ANC for the period since the previous NationalConference, and shall submit periodic reports to the NEC and the NWC.

c.

Be responsible, with the National Finance Committee, for working out and executingplans for fund raising.

d.

Present to the National Conference and National General Council a comprehensivestatement of the state of the finances of the ANC.

e.

Be an ex-officio member of the NWC.f.

16.9 The National Chaplaincy

There will be a National Chaplaincy appointed by the NEC on an interfaith basis to provide

spiritual guidance.

Rule 17 PROVINCIAL CONFERENCE

17.1 Subject to the decisions of the National Conference and the National General Council,


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and the overall guidance of the NEC, the Provincial Conference is the highest organ of theANC in each Province.17.2 The Provincial Conference will:

Be held at least once every four years and more often if requested by at least one thirdof all branches in the Province.

a.

Be composed of:b.

(i) Voting delegates, as follows:

At least 90% of the delegates at Conference shall be from branches,elected at properly constituted branch general meetings. The number ofdelegates per branch shall be in proportion to its paid up membership,provided that each branch in good standing shall be entitled to at least onedelegate.

aa.

All members of the Provincial Executive Committee shall attend ex-officioas full participants in and delegates at the Conference.

bb.

The remaining 10% of the voting delegates at Conference shall be frommembers of the ANC Veterans League, ANC Youth League and the ANCWomens League, as allocated by the PEC.

cc.

(ii) Non-voting delegates, as follows: The PEC may invite individuals, who havemade a special contribution to the struggle or who have special skills orexperience, to attend the Conference. In addition, the PEC shall permitrepresentation as non-voting delegates to structures, which do not have theminimum requirement to form a branch.

Provincial conference will:

Determine its own procedures in accordance with democratic principlesand practices;

c.

Vote on key questions by secret ballot if at least one third of the delegatesat the Provincial Conference demand it.

d.

Vote for the election of the PEC by secret ballot. Each voting delegateshall vote once in each ballot.

e.

17.3 The Provincial Conference will:

Promote and implement the decisions and policies of the National Conference, theNational General Council, the NEC and the NWC.

a.

Receive and consider reports by the Provincial Executive Committee, which shallinclude the Chairpersons address, the Secretarys report, which shall include a reporton the work and activities of the Veterans League, Womens League and YouthLeague in the province, and the Treasurers report.

b.

Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary,Treasurer and the additional 20 members of the Provincial Executive Committee, whowill hold office for four (4) years. The Provincial Secretary shall be a full-timefunctionary of the organisation.

c.

Carry out and develop the policy and programme of the ANC in the Province.d.Have the right and power to review, ratify, confirm, alter or rescind any decision takenby any of the constituent bodies, units or officials of the ANC in the province.

e.

Have the power to elect or appoint any commission or committee and assign specifictasks and duties to such commission or committee.f.

Rule 18 THE PROVINCIAL GENERAL COUNCIL


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18.1 A Provincial General Council shall be con-vened between Provincial Conferences.18.2 The PGC shall meet at least once a year. A PGC will, on good cause shown, beconvened by the PEC upon the request of one-third (1/3) of branches in the Province.18.3 The Provincial General Council consists of all members of the Provincial ExecutiveCommittee and delegates representing branches in proportion to membership, with aminimum of one delegate per branch. The Veterans, Womens and Youth Leagues will berepresented by their PECs. The RECs will be appropriately represented as determined by thePEC.18.4 The Provincial General Council may discuss and decide any issue it deems necessary,including any matter brought before it by the PEC, and may decide on any matter fallingwithin its competence, subject always to the policies and directives of the NationalConference, National General Council, Provincial Conference or the NEC.18.5 The PGC may fill any vacancy on the PEC, provided that the filling of vacancies doesnot exceed 50% of the membership of the PEC.

Rule 19 PROVINCIAL EXECUTIVE COMMITTEE

19.1 The Provincial Executive Committee is the highest organ of the ANC in a province

between Provincial Conferences and has the authority to lead the organisation in theprovince, subject to the provisions of this Constitution.19.2 The Provincial Executive Committee will consist of elected, co-opted and ex officiomembers.19.3 The elected members will consist of the Provincial Chairperson, Deputy Chairperson,Secretary, Deputy Secretary, Treasurer and not more than 20 other persons elected by theProvincial Conference. A person must be a member in good standing of the ANC for three (3)years before she or he can be nominated to a Provincial Executive Committee of the ANC.19.4 Each region in the province shall be equally represented in the PEC, by the Chair and/orthe Secretary, as determined by the PEC, with ex officio status, provided that the number ofregional representatives on the PEC does not exceed the number of elected members of thePEC.19.5 The Veterans League, Womens League and the Youth League in the Province will berepresented by the Chair and Secretary of the respective Leagues in the PEC, with ex officiostatus.19.6 The PEC may co-opt not more than 3 persons, in order to provide for a balancedrepresentation that reflects the true character of the South African people.19.7 In accordance with Rule 6, not less than fifty percent (50%) of the directly elected andco-opted members of the PEC must be women.19.8 The PEC may invite any ANC member in good standing to attend its meetings. Thenumber of invitees shall be limited by the PEC. An invitee can be given a specific assignment

by the PEC, but cannot speak on behalf of the PEC. An invitee may speak and participate atsuch meeting, but shall not vote.19.9 The PEC will:

Meet as soon as possible after its election to elect the Provincial Working Committee(PWC) and thereafter at least once a month.

a.

Carry out the policy and programme of the ANC in the province and do all thingsnecessary to further the interests, aims and objectives of the organisation.

b.

Carry out the decisions and instructions of the Provincial Conference, the ProvincialGeneral Council, NEC and the NWC.

c.

The PEC will provide broad political and organisational perspectives to the Provincial

Working Committee. It will receive reports, supervise the work of and delegate suchfunctions to the PWC, as it considers necessary.

d.

Manage and control the funds and assets of the ANC in the Province.e.Submit reports to the NEC, Provincial Conference and Provincial General Council, asf.


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often as is required, on the state of the organisation, the financial position of theprovince, and such other matters as may be specified.Issue and send directives and instructions to and receive reports from the regions,branches and other substructures in the province.

g.

Supervise and direct the work of the ANC and all its organs in the province, includingthe ANC provincial and local government caucuses.

h.

Oversee the work of the Veterans League, Womens League and the Youth League inthe province.

i.

Ensure that the provincial, regional, branch and other structures of the ANC in theprovince function democratically and effectively. To this end, organise, establish andservice branches in the Province and supervise the work of the regions in the Province;suspend, dissolve, and re-launch branch executive committees and regional executivecommittees where necessary, subject to any directives from the provincial conference,provided that where a BEC or REC has been suspended or dissolved there shall be aright of appeal to the NEC. A suspension of a REC shall not exceed a period of twomonths. Elections for a REC, which has been dissolved, shall be called within sixmonths from dissolution. A suspension of a BEC shall not exceed a period of onemonth. Elections for a BEC, which has been dissolved, shall be called within three

months from dissolution. The Provincial Executive Committee may appoint an interimstructure during the period of suspension or the dissolution of the REC or BEC to fulfillthe functions of such REC or BEC.

j.

Establish, wherever possible, provincial departments in line with national departmentsand establish committees, as it considers appropriate.

k.

Issue documents and other provincial policy directives, as and when it deems fit.l.Appoint the provincial and regional staff as required, subject to directions from theoffice of the Secretary-General.

m.

The quorum for any meeting of the PEC shall be 50% (fifty percent) + one (1) of itstotal membership.

n.

Have the duty to appoint annually a Provincial List and Candidates Committee, of not

less than five and not more than nine persons, which will identify regulations for thedrawing up of the Provincial List of candidates for national elections, provincialelections and for the selection of candidates for local government elections. TheProvincial Executive Committee shall report to the NEC and shall be bound by therecommendations of the National List Committee.

o.

19.10 Provincial officials shall, with due allowance for differences of scale and level of work,perform the same functions as their national counterparts, provided that there is no equivalentor counterpart for the position of National Chairperson.

Rule 20 PROVINCIAL WORKING COMMITTEE

20.1 The Provincial Working Committee will consist of the Chairperson, Deputy Chair-person, Secretary, Deputy Secretary and Treasurer of the Province and the Chair or Secretaryof the ANC Veterans League, ANC Womens League and the ANC Youth League in thatProvince and not less than one quarter of its directly elected members. The PEC shall electthe additional members of the PWC from among the directly elected additional members ofthe PEC.

20.2 In accordance with Rule 6, not less than fifty percent (50%) of the members of the PWCmust be women.

20.3 The Provincial Working Committee will:

Carry out decisions and instructions of the Provincial Conference, the NEC and thePEC.

a.


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Conduct the current work of the ANC in the province and ensure that regions, branchesand all other ANC structures, such as parliamentary caucuses, carry out the decisionsof the ANC.

b.

Submit a report to each PEC meeting.c.

20.4 The PWC will meet as often as is necessary, but at least once every two weeks

20.5 The PWC may invite any ANC member in good standing to attend its meetings. The

number of invitees shall be limited by the PWC. An invitee can be given a specificassignment by the PWC, but cannot speak on behalf of the PWC. An invitee may speak andparticipate at such meeting for the purpose for which he or she was invited, but shall not vote.

Rule 21 REGIONS

21.1 The PEC, under the supervision of the NEC, will divide the Province into regions for themore efficient and democratic functioning of the ANC.21.2 Provincial Regions will be demarcated to correspond strictly to district and metromunicipal boundaries in each province.

21.3 Each region shall hold a regional conference every three (3) years, which will elect themembers of the Regional Executive Committee (REC), which shall comprise the Chairperson,Deputy Chairperson, Secretary, Deputy Secretary and Treasurer and additional members notexceeding fifteen in number; in addition the Chair and Secretary of the ANC Veterans league,ANC Womens League and the ANC Youth League in that Region shall be ex officiomembers of the Regional Executive Committee. A person must be a member of the ANC forat least two years before she or he can be nominated to a Regional Executive Committee ofthe ANC. The Regional Secretary shall be a full-time functionary of the ANC.21.4 Each branch in good standing within a region shall be entitled to send delegates to theregional conference in proportion to its members.21.5 There shall be at least one regional council meeting in the course of each year with each

branch being entitled to send at least one delegate. Additional regional council meetings maybe convened by the regional executive committee or the PEC or on the request of at leastone-third of the branches.21.6 The regional executive committee shall be accountable to the PEC for its functioning.The powers of the regional executive committee are such powers as are delegated to it by thePEC. In addition, the REC may, subject to the directions and instructions of the PEC,exercise the following powers:

Meet as soon as possible after its election to elect the Regional Working Committeeand thereafter as and when necessary but at least once a month.

a.

Carry out the policy and programme of the ANC in the region and do all thingsnecessary to further the interests, aims and objectives of the organisation.

b.

Carry out the decisions and instructions of the Provincial Conference, the ProvincialGeneral Council, the PEC, the Regional Conference and the Regional Council.

c.

The REC will provide broad political and organisational perspectives to the RegionalWorking Committee. It will further receive reports, supervise the work of, and delegatesuch functions to the RWC, as it considers necessary.

d.

Manage and control the funds and assets of the ANC in the Region.e.Submit reports to the PEC, Regional Conference and Regional General Council, asoften as is required, on the state of the organisation, the financial position of the region,and such other matters as may be specified.

f.

Request and receive reports from the branches and other substructures in the region.g. Supervise and direct the work of the ANC and all its organs in the region, including theANC local government caucuses.

h.

Recommend to the PEC the sus-pension or dissolution of a BEC, Zonal Committee orSub-Regional Committees.

i.


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21.7 The REC may co-opt no more than 2 persons, in order to provide for a balancedrepresentation that reflects the true character of the South African people.21.8 In accordance with Rule 6, not less than fifty percent (50%) of the directly elected andco-opted members of the REC must be women.21.9 The REC may invite any ANC member in good standing to attend its meetings. Thenumber of invitees shall be limited by the REC. An invitee can be given a specific assignmentby the REC, but cannot speak on behalf of the REC. An invitee may speak or participate atsuch meeting, but shall not vote.21.10 The Regional Working Committee

The Regional Working Committee (RWC) shall consist of the Chairperson, DeputyChairperson, Secretary, Deputy Secretary and Treasurer of the Region and not less thanone quarter of its directly elected members and the Chair or Secretary of the ANCVeterans League, ANC Womens League and the ANC Youth League in that Region.The REC shall elect the RWC from among the directly elected additional members ofthe REC.

a.

The Regional Working Committee will:

Carry out decisions and instruc-tions of the NEC, PEC, REC, the RegionalConference and the Regional General Council.i.

Conduct the current work of the ANC in the region and ensure that branches andall other ANC structures, such as municipal council caucuses, carry out thedecisions of the ANC.

ii.

Submit a report to each REC meeting.iii.

b.

The RWC will meet as and when necessary but at least every two weeks.c.In accordance with Rule 6, not less than fifty percent (50%) of the members of theRWC must be women.

d.

The RWC may invite any ANC member in good standing to attend its meetings. The

number of invitees shall be limited by the RWC. An invitee can be given a specificassignment by the RWC, but cannot speak on behalf of the RWC. An invitee mayspeak and participate at such meeting for the purpose for which he or she was invited,but shall not vote.

e.

Rule 22 PROVINCIAL CHAPLAINCIES

Provincial Chaplains may be appointed by the PEC on the same basis as the National Chaplaincy.

Rule 23 BRANCHES

23.1 Every member of the ANC shall belong to a branch, which is the basic unit of theorganisation.23.2 The branch will:

Be registered with the PEC and have a minimum of 100 members, provided that thePEC may confer special recognition, where due to exceptional circumstances, thebranch has fewer than 100 members.

a.

Meet as provided for in the rules and regulations.b.Be the place where members exercise their basic democratic rights to discuss andformulate policy.

c.

Be the basic unit of activity for members.d.Branches covering an extensive geographical area, or in respect of which some specialcircumstance exists, may divide into smaller manageable units. Such units shall only beused as a co-coordinating and administrative tool by the branch and shall not possess

e.


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any decision-making powers. These units must operate on the basis of acceptabledemocratic principles and practices.Elect at a biannual general meeting a Branch Executive Committee (BEC) consisting ofChairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer, and othercommittee members, consisting of not less than three and not more than ten persons. Aperson must be a member of the ANC for one year before she or he can be nominatedto a Branch Executive Committee of the ANC, provided that where a new branch isbeing established, the PEC may waive this provision. The Veterans League, WomensLeague and the Youth League shall be represented on the BEC, by the chairperson andsecretary of the Veterans League branch, Womens League branch and the YouthLeague branch within that branch, with ex-officio status.

f.

In accordance with Rule 6, not less than fifty percent (50%) of the directly elected andco-opted members of the BEC must be women.

g.

The branch will meet at least once per month in a general meeting.h.

23.3 The Branch Executive Committee (BEC) will:

Meet as soon as possible after is election and allocate tasks and functions among its

members to enable it to carry out the day-to-day activities of the Branch.

a.

Carry out the publicity and organisational work in its area in furtherance of the policy,programme and decisions of the ANC.

b.

Meet at least once per fortnight.c.Submit reports on its work to the branch meeting and at least each month to theRegional Executive Committee.

d.

Co-opt not more than three persons, if it considers it necessary to ensure greaterrepresentation.

e.

The quorum for each meeting of the Branch Executive Committee shall be 50%+1(fifty percent plus one) of the total BEC membership.

f.

23.4 The quorum for the annual branch meeting and any other branch meetings where thebranch makes nominations of candidates for elections within the ANC or for publicrepresentatives or takes decisions relating to policy matters, shall be 50% plus one of the totalpaid-up members of the branch.

Rule 24 ZONAL AND SUB-REGIONAL STRUCTURES

24.1 The PEC, under the guidance of the NEC, must establish Sub-Regions within a Region.Sub-Regions shall be demarcated to strictly correspond with B-type or metro sub-councilmunicipal boundaries, depending on its location, with similar arrangements and powers asapply to Zones.24.2 Any three (3) or more branches within a Region for the purpose of co-ordination ofactivities and better organisational efficiency, shall be formed into a Zone at the instance ofthe Regional Executive Committee after consultation with the relevant branches, or onapplication to the PEC, by at least two branches within an area of a proposed Zone.24.3 Whenever a Sub-Region or Zone has been established, the Branch Executive ofconstituent Branches, within that sub-region or zone, will at a properly convened meetingelect a Sub-Regional or Zonal Committee, as the case may be, consisting of a Chairperson,Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and five (5) additional memberselected from constituent branches in a meeting convened every two (2) years for thatpurpose.

24.4 In accordance with Rule 6, not less than fifty percent (50%) of the members of theSub-Regional Committee and the Zonal committee must be women.24.5 Where Sub-Regional or Zonal structures of the Veterans League, Womens League andYouth League exist, they will be represented by one (1) member each, subject to the sameprovisions relating to the requirement for ANC membership.


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24.6 The tasks of the Sub-Regional or Zonal Committee will include:

To meet at least once a month.a.To co-ordinate the work and activities of the constituent branches and submit reports tothe REC.

b.

To see to the implementation of the instructions of the NEC, PEC, PWC or the REC inthe Sub-Region or Zone.

c.

To participate in the work of the Regional Council.d.To maintain effective links with all branches in the Sub-Region or Zone.e.

Rule 25 DISCIPLINE

25.1. (a) All members, without exception, must abide by the Constitution of the ANC, and theRules and Regulations, the Standing Orders and Codes of Conduct, as adopted or amendedfrom time to time, as well as all policies and decisions properly adopted or made in terms ofthe Constitution.

(b) Every candidate representing the ANC during an election at any level of

government, must undertake, in writing, prior to the elections, to abide by theConstitution of the ANC and the relevant Code of Conduct for electedrepresentatives, and to submit to and abide by any disciplinary proceedingsinstituted against her or him in terms of the Constitution or such Code, directly orindirectly arising from her or his conduct as a public representative of the ANC.

(c) All members and public representatives of the ANC, without exception, aresubject to the discipline of the ANC and must submit to the provisions of theConstitution, Rules and Regulations, Standing Orders and Codes of Conduct withregard to the regulation of the conduct of members and public representatives,and the applicable disciplinary procedures, in particular Rule 25.

25.2 Disciplinary proceedings against a member and public representative shall be confined toviolations of the ANC Constitution, Rules and Regulations, Standing Orders, Codes ofConduct and the policies and decisions of the ANC properly adopted or made in terms of theConstitution, or the misconduct referred to in Rule 25.5 or provided for in terms of Rule25.13 (b) and shall not:

Be used as a means of stifling debate or denying members their basic democratic rights;or

a.

Be instituted as a means of solving private problems or as a means of interfering in theprivate lives of members where the norms of the organisation are not directly affected,

unless such conduct itself constitutes a violation or an offence affecting theorganisation.

b.

25.3 If the NEC, PEC, REC or BEC, as the case may be, or the relevant body exercising itsright to invoke disciplinary proceedings under this Constitution, is satisfied that the institutionof a disciplinary procedure is warranted against a member or public representative in respectof any conduct referred to in Rule 25.5 or any other misconduct prohibited in terms of theConstitution, it may decide to institute disciplinary proceedings against such member inrespect of such misconduct and then refer the matter to the NDC, PDC, RDC or BDC, as thecase may be, or any other body authorised in terms of the Constitution to conduct disciplinaryproceedings, to proceed with such disciplinary hearing [refer to 25.6(c)].

25.4 A disciplinary committee, which has conducted a disciplinary hearing in terms of thisConstitution, may find any member or public representative guilty of any misconduct referredto in Rule 25.5 or any other misconduct prohibited in terms of the Constitution, only if it is


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satisfied that the evidence presented is of such a cogent and sufficient nature as to prove theguilt of such member or public representative on a balance of probabilities.

25.5. The following conduct by a member or public representative shall constitute misconductin respect of which disciplinary proceedings may be invoked and instituted against him or her:

Conviction in a court of law and being sentenced to a term of imprisonment without theoption of a fine, for any serious non-political offence;

a.

Conviction in a court of law, for any serious non-political offence;b.Behavior which brings the organisation into disrepute or which manifests a flagrantviolation of the moral integrity expected of members and public representatives orconduct unbecoming that of a member or public representative;

c.

Sowing racism, sexism, tribal chauvinism, religious and political intolerance,regionalism or any form of discrimination;

d.

Engaging in sexual or physical abuse of women or children or abuse of office to obtainsexual or any other undue advantage from members or others;

e.

Abuse of elected or employed office in the organisation or in the State to obtain anydirect or indirect undue advantage or enrichment;

f.

Behaving corruptly in seeking or accepting any bribe for performing or not performingany task;g.Misappropriation of the funds of the organisation or destruction of its properties;h.Behaving in such a way as to provoke serious divisions or a break-down of unity in theorganisation;

i.

Undermining the respect for or impeding the functioning of the structures of theorganisation;

j.

Participating in organised factional activity that goes beyond the recognised norms offree debate inside the organisation and threatens its unity;

k.

Supporting a political organisation or party other than an organisation in alliance withthe ANC in a manner contrary to the aims, objectives and policy of the ANC;

l.

Standing in an election for local, provincial or national government or acts as theelection agent or canvasser of a person standing for such election in opposition to acandidate duly endorsed by the NEC or PEC;

m.

Joining a political organisation or party other than the ANC or a party in alliance withthe ANC;

n.

Prejudicing the integrity or repute of the organisation, its personnel or its operationalcapacity by:

Impeding the activities of the organisation;aa.Creating division within its ranks or membership;bb.Doing any other act, which undermines its effectiveness as an organisation; orcc.Acting on behalf of or in collaboration with:

Counter-revolutionary forces;i.A political organisation or party other than an organisation or party inalliance with the ANC in a manner contrary to the aims, policies andobjectives of the ANC;

ii.

Intelligence or the security services of other countries; oriii.Any person or group who seriously interferes with the work of theorganisation or prevents it from fulfilling its mission and objectives.

iv.

dd.

o.

Fighting or behaving in a grossly disorderly or unruly way;p.

Deliberately disrupting meetings and interfering with the orderly functioning of theorganisation;q.

Payment of, or assisting or facilitating the payment of, membership subscription of theorganisation for a person or persons or a group of persons who would otherwise beunwilling or unable to pay their own subscriptions;

r.


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Offering a reduced rate membership to those known by the individual or group makingthe offer to be ineligible for that category of membership;

s.

Recruitment of members who do not reside at an address claimed, where this is done inorder to manipulate branch meetings or the outcome of organisational votes; or

t.

Giving, collecting or raising of funds for campaigning activities within the ANC aimedat influencing the outcome of a conference or meeting.

u.

25.6 (a) The NEC shall appoint a National Disciplinary Committee (NDC), from among itsmembership and from other structures of the ANC, which will consist of at least 5 but notmore than 9 members. At least three members of the NDC shall constitute its quorum. Thenational officers, the NWC or the NEC may refer any violation or misconduct directly to theNDC for determination of a compliant.

(a1) In addition, the NEC shall appoint the National DisciplinaryCommittee of Appeal (NDCA), from among its membership andfrom other structures of the ANC, which will consist of at least 3,but not more than 5 members, provided that its members may notserve in the NDC. At least three members of the NDCA shall

constitute its quorum. The NDCA shall hear cases of appeal wherethe NDC heard the case as a structure of first instance.

(a2) The decisions of the NDCA shall be final, except that the NECmay, in its discretion, review a decision. Such a review shall beregulated by standing orders adopted by the NEC.

(b) Each BEC shall appoint a Branch Disciplinary Committee (BDC). Each RECshall appoint a Regional Disciplinary Committee (RDC). Each PEC shall appointa Provincial Disciplinary Committee (PDC). These respective DisciplinaryCommittees must be appointed as soon as possible after the election of the

respective executive committees and will consist of at least 3 but not more than 5members. At least three members of a disciplinary committee shall constitute itsquorum.

(c) Disciplinary proceedings will normally be conducted at the level where thealleged violation or misconduct took place, namely the branch, region, provinceor national level, and may be heard by the relevant structure.

(d) Disciplinary proceedings may only be instituted at branch level if the relevantPWC has granted that branch written permission to do so.

(e) The NWC may direct that the disciplinary proceedings should be heard at ahigher level than where the alleged violation or misconduct took place.

(e1) As soon as possible, after the election of the respectiveexecutive committees at any level of the organisation, the:

(i) NEC shall appoint a Chief National Presenter, to beassisted by no more than 3 other suitably competentmembers, to represent and present the case of the ANC,in any NDC and NDCA hearing;

(ii) PEC shall appoint a Chief Provincial Presenter, tobe assisted by no more than 3 other suitably competentmembers, to represent and present the case of the ANC,in any PDC hearing;


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(iii) REC shall appoint a Chief Regional Presenter, to beassisted by no more than 5 other suitably competentmembers, to represent and present the case of the ANC,in any RDC hearing or any BDC hearing within itsregion.

(f) No member of a disciplinary committee may participate in a decision toinstitute disciplinary proceedings against a member and such member of thedisciplinary committee should recuse himself or herself from such discussion anddecision, save in the exceptional circumstances contained in Rule 25.6(a).However, this does not prohibit such member from participating in any politicaldiscussion on any issue, which later becomes the subject of a discussion anddecision to institute such disciplinary proceedings against a member.

25.7 (a) Any person faced with disciplinary proceedings shall receive due written notice ofany hearing and of the basic allegations and charges against him or her and be afforded areasonable opportunity to make his or her defense.

(b) Any person faced with disciplinary proceedings is entitled to be representedby a member in good standing and who is a paid up member for at least threemonths prior to the receipt of such written notice referred to in Rule 25.7(a).

(c) If disciplinary proceedings are instituted against a member and such memberdoes not appear at the venue and at the time determined for such proceedings ordoes not remain in attendance when required to do so, the relevant disciplinarycommittee, if satisfied that such member was properly and timeously notified ofsuch venue and time, may order that the proceedings continue in the absence ofsuch member. The disciplinary committee may form an opinion of the evidenceled, after applying the test provided for in Rule 25.4, and it may proceed and

make a finding of guilty or not guilty, as the case may be, even if such memberwas absent from part or the whole of the proceedings.

25.8 (a) Penalties or sanctions, which may be imposed by a disciplinary committee, forproven violations of the Constitution, other relevant instruments, principles, norms, policiesand decisions of the ANC, will include reprimand, payment of compensation and/or theperformance of useful tasks, remedial action, and suspension of membership or expulsionfrom the ANC, and in the case of a public representative also the removal from any list orinstrument which entitles such person to represent the ANC at any level of government.

(b) A disciplinary committee may suspend the imposition of any of the above

penalties or sanctions, with or without certain conditions for a period to bedetermined by such disciplinary committee.

(c) Any member found guilty of the misconduct referred to in Rule 25.5(m) and(n), shall be ineligible to be or remain a member, and shall be expelled from theorganisation.

25.9. (a) A decision of a disciplinary committee only takes effect once the internal appealprocedures and remedies provided for in terms of Rule 25 have been exhausted. Any personfound guilty during a disciplinary proceeding, or the complainant, has the right, within 14days from the date of sentencing, to appeal against the conviction or sentence, to the

disciplinary committee of the next highest body of the ANC. A member is only entitled to oneappeal to such next highest disciplinary body, whose decision shall, subject to paragraph (b),be final and binding, provided that the NDCA may, upon application to it and if it deems itnecessary, grant a further appeal to be heard by itself. The NWC may direct that a bodyhigher than the one to which the appeal has been made should hear any appeal. An appeal


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against the decision of a branch disciplinary committee should be heard directly by theProvincial Disciplinary Committee.

(b) Where a disciplinary committee arrives at a decision to suspend or expel alocal government councilor or a member of a provincial legislature or Parliament,such a decision shall be suspended pending the outcome of an automatic appealto the National Disciplinary Committee of Appeal. The National DisciplinaryCommittee of Appeal must commence with such an appeal within 14 days of thenotification of the decision of such disciplinary committee.

25.10 All disciplinary proceedings shall be disposed of expeditiously, but within 6 monthsfrom the date that notice of the charge has been delivered to the member, provided that theNDCA may, upon application from the relevant disciplinary committee, in writing, at anystage before or after the expiry of such period extend this period in a particular case, if itdeems it necessary.25.11 The relevant Disciplinary Committee shall in writing report the outcome of eachdisciplinary proceeding to the secretary of the executive structure which established it andthen the decision shall be publicly announced by the relevant Disciplinary Committee.

25.12 Temporary SuspensionThe Provincial Disciplinary Committee or the PWC with regard to disciplinary mattersnot being dealt with at a national level, and the National Disciplinary Committee or theNWC, may summarily suspend the membership of any member, by acting inaccordance with the procedures prescribed in Rule 25.12.

a.

Before any of the above structures make such a decision, it must have due regard to thenature and seriousness of an alleged violation or misconduct by a member and/or publicrepresentative only after the accusations have been put to him or her for comment bythe person or body tasked with such duty by the relevant structure, and he or she hashad an opportunity to respond, provided that if such member has been given proper and

timeous notice of such opportunity and does not avail himself or herself of suchopportunity, and/or does not attend or does not stay in attendance, the matter may beproceeded with in his or her absence.

b.

Exceptional circumstances, as determined by the NWC or National DisciplinaryCommittee or PWC, as the case may be, may warrant an immediate decision oftemporary suspension of a member without eliciting the comment of such member, asprovided for in paragraph (b).

c.

The member or public representative shall immediately be informed of such suspension.d.In the case of the suspension of an elected public representative, the relevant structuremaking the decision must also provide for any terms and conditions, which will regulatehis or her participation and conduct as a public representative during the period of

suspension.

e.

The member or public representative shall immediately be informed of such terms andconditions.

f.

When a PWC or PDC imposes a temporary suspension on a member or a publicrepresentative, it must immediately forward a report of such suspension and the reasonsfor it, to the NDCA and the NDCA may, if circumstances warrant it, at any stage setaside such suspension.

g.

The temporary suspension shall lapse if a notice of a charge relating to such suspensionis not delivered to the member within 30 days of the date of the commencement of thetemporary suspension.

h.

Such disciplinary proceedings shall be attended to as quickly as possible and completedwithin a reasonable period.i.The temporary suspension shall, subject to paragraph (g), remain in force until thefinalisation of the disciplinary proceedings, including any appeals, provided that theNDCA may, upon application and if the circumstances so warrant, at any stage set

j.


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aside such suspension.The temporary suspension may at any stage be set aside by the structure, whichimposed it, if it deems it necessary.

k.

25.13 (a) The NEC must adopt Rules and Regulations for the regulation of the effective andappropriate implementation and functioning of rule 25 dealing with disciplinary proceedingsin the ANC.

(b) Without prejudice to the generality of Rule 25.5, the NEC may, inregulations, prescribe further conduct by a member or public representative,constituting misconduct in respect of which disciplinary proceedings may beinvoked and instituted against him or her.

(c) The NEC shall adopt guidelines for the interpretation of Rule 25 and for therules of procedure applicable during disciplinary proceedings, including timelimits to be followed before, during and after a hearing.

(d) The Rules, Regulations and guidelines referred to in this subrule must beadopted by the NEC within six (6) months from the conclusion of the 2007

National Conference.

(e) The NEC may:

authorise other structures of the ANC to institute disciplinary proceedings;and

i.

establish appropriate structures to implement or make the appropriatearrangements to apply the provisions of Rule 25.

ii.

Rule 26 RULES AND REGULATIONS

26.1 The NEC may adopt rules and regulations for the better carrying out of the activities ofthe ANC.26.2 The PECs may adopt rules and regulations for the better functioning of the ANC in theirrespective provinces.26.3 All such rules and regulations shall be consistent with the constitutional norms of theANC, and rules and regulations framed by the PEC shall only become operative whenapproved by the NEC, or, on a provisional basis pending approval by the NEC, by the NWC.26.4 The NEC may frame a code of conduct to cover all structures, officials, publicrepresentatives, office bearers and members.

Rule 27 GENERAL

The ANC shall have perpetual succession and power, apart from its individual members, to acquire, holdand alienate property, enter into agreements and do all things necessary to carry out its aims and objectsand defend its members, its property and its reputation.

Rule 28 AMENDMENTS

Any amendments to this Constitution shall be by a two-thirds majority of delegates present and voting atthe National or Special Conference. Notice of intent to propose any amendments to the Constitution

should be forwarded to the Office of the Secretary General at least three months before the National orSpecial Conference. The NEC shall give at least one months notice for any Constitutional amendment.

Rule 29 SPECIAL CONFERENCE


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29.1 A special conference of the ANC may be convened by the NEC at any time or at therequest of a majority of the Provinces for a stated purpose or purposes.29.2 Not less than one months notice of such conference shall be given.29.3 Participation at the Conference shall be determined by the NEC, provided that branchesare represented at such a conference in proportion to their membership.

Rule 30 CONTRACTUAL LIABILITY

Only the National Officials shall have the authority to bind the ANC or to create any legal relationship.Any other person purporting to bind the ANC must produce a written authorisation from one of theNational Officials, which must indicate the extent of that persons authority.

Rule 31 BORROWING POWER

The NEC may from time to time borrow any amount of money, on such terms and conditions as the NECconsiders fit, with the power from time to t ime to alter the terms of any such borrowing, and to securesuch borrowing or any other obligations of the ANC by the mortgage or pledge, either generally orspecifically, of the assets of the ANC.

Rule 32 TRANSITIONAL ARRANGEMENTS

The NEC is authorised to make consequential changes to the content and style of these rules followingthese amendments and to make such transitional arrangements as necessary.

Rule 33 DISSOLUTION

The National Conference or any Special Conference may dissolve the ANC and transfer the assets andliabilities of the ANC in such a manner as determined by the Conference, by way of a resolution passed

by a seventy five percent (75%) majority of duly accredited delegates in good standing who are presentand voting, provided that the NEC received notice of such resolution from a structure of the ANC at least12 months before it was voted on by such conference.

SCHEDULE TO ANC CONSTITUTION

ANC Logo and Colours

The ANC logo is a black African shield in the form of a pointed oval with a narrow white border andcanton, the latter bearing six narrow black horizontal bars, surmounted in the centre by a spear erect the

shaft white bearing a narrow black vertical line and the blade facetted vertically, white and black, held bya right hand issuant from behind an eight-spoked wheel set to the viewers right, both white, the rim andspaces between the spokes of the wheel, black, flotant from the upper shaft of the spear and partlysurmounting the wheel, a horizontal tricolour, comprising from top to bottom, equal bands of black, greenand gold.

ANC Flag

The ANC flag is rectangular; it is one and a half times longer than it is wide. It is a horizontal tricolour,comprising from top to bottom, equal bands of black, green and gold.

APPENDIX

Disciplinary Procedure (as amended on 17 February 1998)


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Introduction

Rule 25 of the Constitution deals with discipline. This disciplinary procedure prescribes how thedisciplinary procedure is to be used and how disciplinary proceedings are to be conducted.

Objective of Disciplinary Procedure

The objective of disciplinary procedure is to ensure that in all disciplinary proceedings:There is a formal procedure.There is a just and fair procedure.A member is presumed innocent until proven guilty.A member has a chance to defend herself or himself.A member has the right to appeal.

Starting Disciplinary Procedure

Disciplinary Proceedings may be instituted:

Only for violations or offences of the ANC Constitution, the Rules and Regulations, the StandingOrders, Codes of Conduct, all policies and decisions properly adopted or made in terms of theConstitution, or the violations and offences set out in Rule 25.5 or Rule 25.13(b) [See Rule 25.5. ofthe ANC Constitution.]

1.

By any organ or official of the ANC at Branch, Regional, Provincial or National level. However, theNWC may direct that the disciplinary proceedings should take place at a higher level than where aviolation or offence was committed [Rule 25.6(e)].

2.

By the National Disciplinary Committee which can hear and decide cases:Referred to it by the ANC National Officials, NWC, or the NEC through the presenter.

3.

At Branch, Regional, Provincial or National level by a Disciplinary Committee unless:The NWC directs that the disciplinary proceedings should take place at a higher level thanwhere a violation or offence was allegedly committed [Rule 25.6(e)].The National Disciplinary Committee institutes disciplinary proceedings referred by the ANCNational Officials, NWC, or the NEC [Rule 25.6(a)]The National Disciplinary Committee institutes disciplinary proceedings itself for very seriousviolations or offences. [Rule 25.6(a)]

4.

Holding Disciplinary Proceedings

A charge must be made within reasonable time of the violation or offence. [Rule 25.7]1.

A charge must be prepared by the presenter on behalf of the organ or officials of the ANCinstituting the disciplinary proceedings. The charge must:

Be in writingSet out the information forming the reason for the charge and the alleged violation or offencein reasonable detail.Identify the:

Provision of the ANC Constitution, the Rules, the Standing Orders, Codes of Conductalleged to have been violated.Violations and offences set out in Rule 25.5 alleged to have been committed.

Advise the charged member of her or his right to be represented by a member of the ANC ingood standing, to have an interpreter present, to call witnesses for defence of the charge, andto recall and question witnesses called for prosecution of the charge.Specify the time and place of the disciplinary proceedings.Be delivered to the charged member seven days before the disciplinary proceedings or soonerif this is necessary in certain serious circumstances.

2.


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The following persons must be present at a Disciplinary Proceeding:The Chairperson and members of the Disciplinary Committee.The presenter of the charge.The charged member, who can be tried in her or his absence if she or he does not appear.The charged members representative and/ or interpreter who is a member of the ANC ingood standing.The witnesses.A minute taker.

3.

The Chairperson of the Disciplinary Committee must ensure that:The disciplinary proceedings are held in a fair manner. He or she will rule on all matters thatmay arise and ensure order is maintained.The charged member is informed of the charge, is informed of her or his rights and is asked toplead guilty or not guilty to the charge.The presenter of the charge details the charged members alleged violation or offence andmay call witnesses in support of the charge and may produce relevant documentation insupport of the charge.The charged member or her or his representative presents the defence to the charge and maycall witnesses and may request the recall of and question witnesses called in support of the

charge, and may produce re levant documentation.

4.

Adjudication

At the end of the disciplinary proceedings, the Chairperson of the Disciplinary Committee must ensurethat:

The members of the Disciplinary Committee discuss the issues raised at the disciplinary proceedingsin private and make a finding based on the facts and evidence of the case and make a ruling.

1.

The Chairperson and the members of the Disciplinary Committee decide a penalty. The penaltiesare:

ReprimandPayment of compensation and/or performance of useful tasksSuspensionExpulsion.

2.

The charged member is advised of the ruling and the penalty of the Disciplinary Committee with thereasons for these and is advised of her or his right to appeal.

3.

That the ruling and penalty are publicly announced. (Rule 25.11).4.

Appeal

An appeal may be lodged by:The charged person against whom a finding has been made or a penalty imposed by theDisciplinary Committee.The organ and/or officials who laid the charge against a finding or a penalty imposed by theDisciplinary Committee.

1.

An Appeal Hearing must be held by the next higher level unless:The PEC directs that any appeal from a Branch Disciplinary Committee appeal should beheard by the Provincial Disciplinary Committee.The NWC directs that any appeal should be heard by a higher level than the next higher level.

2.

The National Disciplinary Committee is the final structure for appeals to be heard. However, theNEC may at its discretion review a decision of the National Disciplinary Committee in accordance

with standing orders adopted by the NEC. [Rule 25.6(a)]

3.

Appeal Procedure


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The following procedure must be followed for appeals:

The appeal must be made at the next higher level or the level which the NWC or the PEC directs tohear the appeal.

1.

The appeal must:Be made within fourteen days of the charged member being informed of the ruling andpenalty with the reasons for these.Be in writing.Set out the reason for the appeal in reasonable detail.Set out the grounds for the appeal in reasonable detail.

2.

Except in exceptional circumstances determined by the Chairperson of the Disciplinary Committeehearing the Appeal, no new evidence may be presented or considered at the appeal. No new chargesmay be brought at the appeal.

3.

The Chairperson and the members of the Disciplinary Committee must discuss the issues raised atthe appeal hearing, and come to a finding based on the facts and evidence of the appeal hearing andmake a ruling which can confirm, vary or amend the original ruling and/or penalty.

4.

The person who appeals must be advised of the ruling and the confirmation or variation of theoriginal ruling and/or penalty.

5.

Any further appeal will need the permission of the next higher level.6. Any such further appeal must follow the above appeal procedure.7.Appeals on the decisions of the ND

African National Congress Constitution

Documents

Transcript of African National Congress Constitution