CONSTITUTION OF THE AFRICAN NATIONAL CONGRESS
As Adopted at the ANC National Conference, June 1991
Whereas the ANC 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 white supremacist Union of South Africa; and
Whereas in the course of fulfilling this historic aim, the ANC has emerged to lead the struggle of all democratic and patriotic forces to destroy the apartheid state and replace it with the united, non-racial, nonsexist and democratic South Africa in which the people as a whole shall govern and all shall enjoy equal rights; and
Whereas through the struggles and sacrifices of its members over the generations the ANC has come to be recognised as the central organiser and inspirer of a vast popular upsurge against apartheid, involving a great array of social, cultural, religious, trade union, professional and political organisations.
Now therefore, the Forty-Eighth National Conference of the ANC, duly constituted and assembled, cognisant of the historic mission of the ANC and of the need to build a mass based democratic structure to enable It to fulfill its historic mission, hereby adopts this constltution
The name of the organisation shall be the African National Congress, hereinafter referred to as the ANC.
B. AIMS AND OBJECTIVES
The aims and objectives of the ANC shall be
- To unite all the people of South Africa, Africans in particular, for the complete liberation of the country from all forms of discrimination and national oppression.
- To end apartheid in all its forms and transform South Africa as rapidly as possible into a united, non-racial, non-sexist and democratic country based on the principles of the Freedom Charter.
- To defend the democratic gains of the people and advance towards a society in which the government is freely chosen by the people according to the principles of universal suffrage on a common voter's role.
- To fight for social justice and eliminate the vast inequalities created by apartheid and the system of national oppression.
- To build a South African nation with a common patriotism and loyalty in which the cultural, linguistic and religious diversity of the people is recognised.
- To promote economic development for the benefit of all.
- To support and advance the cause of national liberation, women's emancipation, development, world peace, disarmament and respect of the environment.
- To support and promote the struggle for the rights of children.
C. CHARACTER OF THE ANC
- The ANC is a non-racial and a democratic liberation movement.
- The ANC is a democratic organisation whose policies are determined by the membership and whose leadership shall be accountable to the membership in terms of the procedures laid down in the Constitution.
- The ANC shall in its composition and functioning be non-racial, anti-racist and anti-sexist and against any form of tribalistic exclusivism or ethnic chauvinism.
- While striving for the maximum unity of purpose and functioning, the ANC shall respect the linguistic, cultural and religious diversity of its members.
- The ANC shall support the emancipation of women, combat sexism and ensure that the voice of women is fully heard in the organisation and that women are properly represented at all levels.
- The principles of freedom of speech and free circulation of ideas and information shall operate within the ANC.
- Membership of all bodies of the ANC will be open to all men and women in the organisation without regard to race, colour or creed.
- The ANC co-operates closely with religious bodies in the country and provides, on an interfaith basis, for the recognition of the spiritual needs of its many members who are believers.
- 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.
- Spouses, or children of South Africans who have manifested a clear identification with the South African people and its struggle, may apply for membership.
- All other persons who have manifested a clear identification with the South African people and their struggle are resident in South Africa, may apply for membership.
- The NEC may, acting on its own or on the recommendation of branch or regional executive committees, grant honourary membership to those men and women who do not qualify for membership under Clause D1, 2 and 3, but who have demonstrated an unwavering commitment to the ANC and its programme.
- Applications for membership shall be considered by the branch committee where such exists, and by the regional executive committee if no branch committee exists. The branch committee, the regional executive committee, or such interim structures as the REC or NEC may create from time to time to decide on applications, shall have the power to accept or refuse any application for membership provided such acceptance or refusal shall be subject to review by the next higher organ of the ANC.
- Membership cards shall be issued to registered members of the ANC and to persons whose application for membership has been accepted, subject to review as aforesaid, and, in all cases, subject to payment of the prescribed subscription.
- 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 who received the application:
I, ......., solemnly declare that I will abide by the aims and objectives of the ANC as set out in the Constitution and the Freedom Charter, that I am joining the organisation voluntarily and without motives of personal gain or material advantage, and that I will participate in the life of the organisation as a loyal, active and disciplined member.
- Members shall pay an annual subscription fee as determined by the National Executive Committee.
- Non-earning members or those on reduced incomes will pay a flat fee at a low amount fixed by the NEC.
E. RIGHTS AND DUTIES OF THE MEMBERS
A member of the ANC shall have the right to:
- Take a full and active part in the discussion, formulation and implementation of the policy of the ANC.
- Receive and impart information on all aspects of ANC policy and activities.
- Offer constructive criticism of any member, official, policy programme or activity of the ANC within its structures.
- Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the ANC.
- Submit proposals or statements to the branch, region or NEC provided such proposals or statements are submitted through the appropriate structures.
A member of the ANC shall:
- Belong to and take an active part in the life of his or her branch.
- Take all necessary steps to understand and carry out the aims, policy and programme of the ANC.
- Explain the aims, policy and programme of the ANC to the people.
- Deepen his or her understanding of the social, cultural, political and economic problems of the country.
- Combat propaganda detrimental to the interests of the ANC and defend the policy aims and programme of the ANC.
- Fight against racism, tribal chauvinism, sexism, religious and political intolerance or any other form of discrimination or chauvinism.
- Observe discipline, behave honestly and carry out loyally decisions of the majority and decisions of higher bodies.
- Inform his or her branch of movement to any other area and report to the branch committee secretary on arriving at any new area.
- Refrain from publishing and/or distributing any media without authorisation which purports to be the view of any organised grouping, faction or tendency within the ANC
F. ORGANISATIONAL STRUCTURE
The ANC shall consist of the following organs:
- The National Conference which elects the NEC.
- The Regional Conference which elects the regional executive committees.
- The Regional General Councils.
- The branch meetings which elect the branch committees.
- Branches may be grouped together in zones and may be subdivided into small units such as street committees, and zones may be grouped into sub-regions.
- The ANC Women's League shall be open to women who are members of the ANC and shall have the same basic structure, namely, national, regional and branch. Its objectives will be to defend and advance 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 the organisation, in the peoples' struggle and in national life. The Women's League will function as an autonomous body within the overall structure of the ANC, 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.
- The ANC Youth League shall be open to all persons between the ages of 14 and 35. It will operate on a national, regional and branch basis. Its objectives will be to unite and lead young men and women in confronting and dealing with the problems that face the youth, and in ensuring that the youth make a full and rich contribution to the work of the ANC and the life of the nation. The Youth League will function as an autonomous body within the overall structure of the ANC, 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.
- Members of the Youth League over the age of 18, shall be expected to play a full part in the general political life of the ANC.
- A member of the Youth League shall not be eligible for any position as office-bearer of the ANC or to attend ANC conferences, members' or executive meetings of the ANC (unless specially invited), unless he or she is a full member of the ANC.
G. UMKHONTO WE SIZWE (MK)
- Pending the creation of a united defence force representing the whole of the South African nation and defending the principles of a new non-racial, non-sexist democratic constitution, Umkhonto we Sizwe (MK) shall continue as an honoured and integral part of the ANC under the political guidance and control of the NEC.
- The NEC shall from time to time determine MK's tasks and functions.
- Membership of MK shall be drawn from ANC structures and shall be on the basis of free and voluntary choice.
- The NEC shall be responsible for the general welfare and interests of the cadres and, where appropriate, ex-cadres of MK who continue to be members of the ANC.
H. THE HEADQUARTERS
National Headquarters shall be in Johannesburg.
For purposes of ANC structures the country will initially be divided Into the following regions:
Western Cape, Northern Cape, Eastern Cape, Border, Transkei, Southern Natal, Natal Midlands, Northern Natal, Northern OFS, Southern OFS, Northern Transvaal, PWV, Western Transvaal, Eastern Transvaal.
The regional headquarters will respectively be:
Cape Town, Kimberley, Port Elizabeth, East London, Umtata, Durban, Pietermaritzburg, Empangeni, Welkom, Bloemfontein, Pietersburg, Johannesburg, Klerksdorp, Nelspruit
The National Conference may from time to time alter the number of boundaries of the regions.
J. THE NATIONAL CONFERENCE
- The National Conference shall be the supreme ruling and controlling body of the ANC.
It shall be composed of:
- At least 90% of the voting delegates at conference shall be from branches which shall be represented by elected delegates - the number of delegates to be in proportion to paid up membership.
- The number of delegates to be elected to National Conference by each region shall be fixed by the NEC in proportion to the paid up membership of each region.
- The remaining 10% of voting delegates at Conference shall come from the REC's, ANC Women's League, ANC Youth League, MK and departments and/or missions of the ANC.
- All members of the NEC shall attend ex-officio as full participants in the conference.
- Non-Voting Delegates:
- The NEC may invite individuals, who have made a special contribution to the struggle or who have special skills or experience to attend the conference.
- The NEC shall appoint a conference organising committee which will circulate conference information in advance, determine the precise procedure for selection of delegates and indicate how the membership can ensure their concerns are on the agenda.
- The conference shall determine its own procedures in accordance with democratic principles.
- Voting on key questions shall be by secret ballot if at least one third of the delegates at National Conference demand it.
K. DUTIES AND POWERS OF THE NATIONAL CONFERENCE
The National Conference shall:
- Decide and determine the policy, programme and Constitution of the ANC.
- Receive and discuss the reports of the NEC which shall include the Presidential Address, the Secretary General's Report which shall include a report on the work and activities of the Women's League and Youth League, the Treasurer General's Report.
- Have the right and power to review, ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the ANC.
- Elect the President General, the Deputy President, National Chairperson, the Secretary General, Deputy Secretary General, the Treasurer General and the remaining 50 members of the NEC.
- Have the power to elect or appoint any Commission or committee and assign specific tasks and duties to such Commission or committee.
L. NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee is the highest organ of the ANC between Conferences and shall have the authority to lead the organisation, subject to the provisions of this Constitution.
Without prejudice to the generality of its powers, the NEC shall:
- carry out the decisions and instructions of the National Conference;
- issue and send directives and instructions to and receive reports from the regions;
- supervise and direct the work of the ANC and all its organs generally;
- ensure that the regional and branch structures of the ANC function democratically and effectively;
- oversee the work of the Women's League and the Youth League;
- establish departments and set up committees as it considers appropriate;
- manage and control all the national and international property and assets of the ANC;
- receive reports, supervise the work of, and delegate such functions to the NWC as it considers necessary;
- issue documents and other policy directives as and when it deems fit;
- confer such honours as it may deem appropriate.
2. The National Executive Committee (NEC), except where otherwise stipulated, shall be elected by secret ballot by the National Conference and shall hold office for three years and shall be constituted as follows:
- The President, Deputy President, National Chairperson, the Secretary General, Deputy Secretary General and the Treasurer General who shall be elected separately by the National Conference.
- Fifty (50) members of the NEC shall be elected by secret ballot by the National Conference.
- The Chairperson and the Secretary of each elected ANC Regional Executive Committee who shall be ex-officio members of the NEC.
- The National President and Secretary of the ANC Women's League who shall be ex-officio members of the NEC.
- The National President and Secretary of the ANC Youth League who shall be ex-officio members of the NEC.
- Two (2) members of the military headquarters of MK appointed by the NEC who shall be ex-officio members of the NEC.
- The NEC shall have the power to co-opt not more than three (3) additional members at any time during its term of office in order to provide for a balance representation that reflects the true character of the South African people, provided that such co-option enjoys the support of the Regional Executive Committee and the branch from which the proposed person comes.
- Should a vacancy occur on the NEC for any reason, the NEC shall have the power to co-opt a replacement.
3. Nominations for the NEC members referred to in 2(a) and (b) above shall be by the following procedure:
- Nominations for the post of:
Deputy Secretary General
shall be made by any region and placed before the National Conference.
- A delegate to the conference shall, however, have the right to nominate any person whose name has not been proposed in terms of sub-section (i) above. In such event the presiding officer shall call for seconders to the nomination. If such nomination is seconded by a minimum of ten percent (10%) of conference delegates, then such nomination shall be regarded as having been duly seconded, in which event the name of such nominees shall be placed on the ballot paper. If the nomination fails to secure a minimum of 10% of conference delegates, such nomination shall fall away.
Nominations of candidates for the National Executive Committee other than the above positions shall be carried out by the following procedure:
- Subject to sub-section 3(b)(ii) below, only those candidates who have been proposed by a region shall appear on the National Conference ballot paper.
- A delegate to the conference shall, however, have the right to nominate any person whose name has not been proposed in terms of sub-section (i) above. In such event the presiding officer shall call for seconders to the nomination. If such nomination is seconded by a show of hands by a minimum of ten percent (10%) of Conference delegates, then such nomination shall be regarded as having been duly seconded, in which event the name of such nominee shall be placed on the ballot paper. If the nomination fails to secure a minimum of 10% of delegates, such nomination shall fall away.
- Not more than two persons per region may be nominated in terms of 3(b)(ii) above.
- Voting shall take place by secret ballot. Each voting delegate shall vote once in each ballot.
- If any regional Chairperson or Secretary is elected to the NEC in his or her own right, such person shall vacate the regional position.
- For purposes of nominations, external regions shall be regarded as one region and MK as one region.
4.1 Subject to the other provisions of this Constitution, members of the NEC shall not necessarily be full-time functionaries of the ANC.
4.2 After its election the NEC shall undertake the following:
- As soon as possible after the conclusion of the National Conference the NEC shall meet and elect a National Working Committee.
- The National Working Committee shall be constituted as follows: The President, National Chairperson, Secretary-General, the Treasurer General and their deputies, plus twenty (20) other elected members of the NEC.
- The members of the National Working Committee shall be full-time functionaries of the ANC and shall each be allocated specific departmental responsibilities, consistent with the areas of specialisation demanded by the struggle for a democratic South Africa and the tasks which will have to be addressed in the immediate aftermath of the transition.
- The NEC shall meet in plenary session at least once every three months and shall provide broad political and organisational perspectives to the National Working Committee.
5 Electoral Commission
The NEC shall appoint an Electoral Commission of not less than three members whose task it will be:
- To prepare the ballot papers as directed by the Constitution.
- To make provision for ballot boxes or other means of secret voting.
- To create machinery for the counting of ballot papers and the effective supervision of the counting of votes.
- To announce the results of all ballots and make known the number of votes received by each successful candidate.
- To establish procedures for voting to determine any dispute raised in regard to elections and election procedures, and to determine how any tied vote should be resolved.
The names of the electoral commission whose work must commence before Conference opens shall be submitted to the Conference for endorsement and they shall then be reinforced by a representative appointed by each regional delegation.
No structure, individual or group of individuals shall be permitted to produce and canvass for the election of any list of candidates at any level in the organisation. This prohibition excludes lists authorised by the nomination process stipulated above
M. THE NATIONAL WORKING COMMITTEE
The National Working Committee (NWC) shall:
- Carry out decisions and instructions of the National Conference and the NEC.
- Conduct the current work of the ANC and ensure that regions and branches carry out decisions of the ANC.
- Submit a report to each NEC meeting.
N. GENDER AND AFFIRMATIVE ACTION
In an endeavour to ensure that women are adequately represented in all decision-making structures, the ANC shall implement a programme of affirmative action.
The method of such implementation shall be addressed in all ANC structures immediately and on a continuing basis
0. 1. THE NATIONAL FINANCE COMMITTEE
This is a committee of the National Executive Committee and is accountable to the National Executive Committee.
The control of all the funds and assets of the movement shall be the task of the National Finance Committee. This committee shall be composed of the following:
- The Treasurer General (Chairperson)
- President and Deputy
- The National Chairperson
- Secretary General and Deputy Secretary General
- Secretary for Finance
- All Regional Treasurers
- Director of Fund Raising
- Director for International Affairs
- National Finance Officer (or Treasurer) for the Army
- Treasurer of Women's League
- Treasurer of Youth League
The National Finance Committee shall meet at least twice a year to:
- Receive and consider budgets;.
- Receive and consider annual and half-yearly financial statements and other finance management reports before presentation to the National Executive Committee;.
- Review Finance Policy as required;.
- Review Accounting procedures as required;.
- Ensure correct utilisation of funds.
O. 2. NATIONAL FINANCE SECRETARIAT
The National Finance Secretariat shall be composed of:
- Treasurer General
- Deputy President
- Deputy Secretary General
- Director of Fund Raising
- Secretary for Finance
- Any four Regional Treasurers elected by the National Finance Control Committee
- Director for International Affairs viii National Finance Officer (or Treasurer) for the Army
- Treasurer of Women's League
- Treasurer of Youth League
The National Finance Secretariat shall meet once a month to:
- Receive a statement of Income and Expenditure and financial position of all regions;
- Receive a statement of Income and Expenditure and financial position for the Headquarters;
- Receiver a quarterly statement of Income and Expenditure for foreign missions;
- Compare the above statements with budgets;
- Receive and consider requests for unbudgeted expenditure;
- Receive reports on the performance of the ANC Investments;
- Receive a monthly report from the Director of Fund Raising.
P. DUTIES AND FUNCTIONS OF OFFICIALS
- Preside over National Conference.
- Remain the custodian of the decisions taken by National Conference and ensure that all organs of the ANC implement these decisions and operate within the parameters of policy set out by Conference.
- Carry out such additional tasks as the Conference or NEC may instruct.
- Be an ex-officio member of the NWC. In the absence or incapacity of the National Chairperson, the President shall assume his or her functions.
The President General
The President General is the head and chief directing officer of the ANC and the leader of the house in a National Conference. He or she shall:
- Present to the National Conference a comprehensive statement of the state of the nation and the political situation generally.
- Make pronouncements for and on behalf of the NEC outlining and explaining the policy or attitude of the ANC on any question.
- Preside over meetings of the NEC in conformity with the Constitution, by-laws and rules of procedure adopted by the NEC.
- Be an ex-officio member of the NWC.
- Be Commander-in-Chief of Umkhonto we Sizwe.
- Under the overall supervision of the NEC, orient and direct the activities of the Constitutional Committee of the ANC.
Deputy President General
The Deputy President General shall assist the President General, deputise for him or her when necessary and carry out whatever functions are entrusted to him or her by the National Conference, the President General or the NEC
The Secretary General
The Secretary General is the chief administrative officer of the ANC. He or she will:
- Keep the minutes of the National Conference, the NEC, the NWC as well as other records of the ANC.
- Conduct the correspondence of the NEC and the NWC and send out notices of all conferences and meetings at the national level.
- Convey the decisions and instructions of the National Conference, the NEC and the NWC to the regional committees, and see to it that all units of the ANC carry out their duties properly.
- Prepare annual reports on the work of the NEC and the NWC and such other documents which may, from time to time, be required by the NEC and the NWC.
- In the absence of the President General or the Deputy President General, the Secretary General shall assume the functions of the President. In the event of death or permanent incapacity of the President General and the Deputy President General, the NEC shall as soon as possible appoint an Acting President until such time as the National Conference meets.
- All departments, save those falling directly under the President, shall report on their activities to the Secretary General.
Deputy Secretary General
The Deputy Secretary General shall assist the Secretary General, deputise for him or her when necessary and carry out the functions entrusted to him or her by the National Conference or the NEC.
The Treasurer General is the chief custodian of the funds and property of the ANC. He or she shall:
- Receive and bank all monies on behalf of the NEC and shall, together with any two members of the NEC, operate a banking account.
- Keep such books of account as may be necessary to record clearly the financial position of the ANC.
- Submit top the National Conference a report showing the Income and Expenditure Account and Balance Sheet of the ANC for the period since the previous National Conference, and shall submit periodic reports to the NEC and the NWC.
- Be responsible, with the National Finance Committee, for working out and executing plans for fund raising.
The National Chaplain
The National Chaplain shall be appointed by the NEC on an interfaith ecumenical basis to provide such spiritual leadership as believers in the ANC might wish to have, including the conduct of prayers at the National Conference
Q. REGIONAL STRUCTURES
Subject to the overall guidance of the NEC, the Regional Conference shall be the highest organ of the ANC in each region. The Regional Conference shall:
- Be held at least once a year and more often if requested by at least one third of all branches in the region.
- Be a delegates conference attended by delegates chosen on a democratic basis by all branches in the region with representation in proportion to membership, with attention being paid to ensuring representation of areas where membership is reduced.
- Be attended by members of the Regional Executive Committee who shall have full voting and speaking rights as ex-officio participants.
- Be attended by representatives of the Women's League and Youth League with voting rights.
- Carry out the decisions of the National Conference and the NEC.
- Receive and consider reports by the Regional Executive Committee.
- Elect the Regional Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and at least eight (8) other members of the Regional Executive Committee who will hold office for one (1 ) year and their members not to exceed 20.
- Carry out and develop the policy and programme of the ANC in the region.
R. THE REGIONAL COUNCIL
- The Regional Council shall be the highest decision making body in the region between Regional Conferences.
- The Regional Council consists of all members of the REC and delegates representing branches in proportion to membership with a minimum of one delegate per branch.
- It shall meet at least 3 times per year.
- It shall on good cause shown be convened by the REC upon the request of one third of the branches in the region.
- Reports following meetings of the Regional Council shall be submitted to the REC and the branches.
- The Regional Council shall have the power to deal with any issue it deems necessary including the filling of vacancies on the REC provided it does not exceed 50% of the Executive, subject always to policies and directives of National and Regional Conference.
S. REGIONAL EXECUTIVE COMMITTEE
The Regional Executive Committee shall be the body responsible for carrying out the decisions of the Regional Conference and Regional General Council. It shall consist of the Regional Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and at least 8 other persons elected by the Regional Conference. The Regional Chairpersons of the Women's League and the Youth League shall be ex-officio members with full voting and speaking rights.
The REC shall:
- Meet as soon as possible after its election to elect the Regional Working Committee and thereafter at least once per month.
- Carry out the decisions of the Regional Conference and of the NEC.
- Manage and control the funds and assets of the ANC in the region.
- Submit reports to the NEC, Regional Conference and Regional General Council as often as is required, on the state of the organisation, the financial position of the region, and such other matters as may be specified.
- Appoint the regional organiser and staff as required.
- Organise, establish and service branches in the region.
- Carry out the policy and programme of the ANC and do all things necessary to further the interests, aims and objectives of the organisation.
- Have the right to co-opt up to 3 persons subject to confirmation by the Regional General Council.
T. REGIONAL WORKING COMMITTEE
The Regional Working Committee shall be a core group of the REC and shall consist of not less than one quarter of its members, including the Chairperson, Secretary and Treasurer. It shall perform the duties and functions of the REC to which it shall report
It shall meet at least once per week.
U. FUNCTIONING OF THE REGIONAL EXECUTIVE COMMITTEE
- Regional offices shall, with due allowance for differences of scale and level of work, perform the same functions as their national counterparts.
- The REC shall, wherever possible, set up regional departments in line with national departments.
V. REGIONAL CHAPLAINS
Regional Chaplains may be appointed by the REC on the same basis as National Chaplains, mutatis mutandis.
Every member of the ANC shall belong to a branch, which shall be the basic unit of the organisation.
The branch shall:
- Be registered.
- Meet as provided for in the rules and regulations.
- Be the place where members exercise their basic democratic rights to discuss and formulate policy.
- Be the basic unit of activity for members.
- Elect at an annual branch meeting a Branch Executive Committee consisting of Chairperson, Secretary, Treasurer, and other committee members, consisting of not less than three and not more than seven persons.
- Meet at least once per month.
The branch committee shall:
- Meet as soon as possible after its election and choose a branch subcommittee to carry on the day-to-day affairs of the branch.
- Carry out the publicity and organisational work in its area of furtherance of the policy, programme and decisions of the ANC.
- Meet at least once per fortnight.
- Submit reports on its work to the branch meeting and at least each month to the REC.
X. ZONAL STRUCTURES AND SUB REGIONS
- Any three (3) or more branches within a Region for the purpose of co-ordination of activities and better organisational efficiency, can be formed into a Zone at the instance of the Regional Executive Committee after consultation with the relevant branches, or on application to the REC, by at least two branches within an area of a proposed Zone.
- Whenever a Zone has been established the Branch Executive of constituent Branches shall at a properly convened meeting, elect a Zonal Committee which shall consist of a Chairperson, Secretary, Treasurer and one (1) representative elected per Branch within the Zone.
- Where Zonal structures of the Women's League and Youth League exist, they shall be represented by one (1) member each, subject to the same provisions relating to the requirements for ANC membership.
The tasks of the Zonal Committee will include:
- to meet at least once a month;
- to co-ordinate the work and activities of the constituent branches and submit reports to the REC;
- to see to the implementation of the instructions of the NEC, REC or the RWC, in the Zone;
- to participate in the work of the Regional Council;
- to maintain effective links with all branches in the Zone.
- Sub-regions may be formed by 3 or more Zones with similar arrangements and powers as between Zones - mutatis mutandis.
- Disciplinary proceedings shall be confined to violations of the basic principles and norms of the ANC, and not be used as a means of stifling debate or denying members their basic democratic rights.
- Proceedings shall normally be conducted at the level where the alleged violation took place, namely, branch, region or national, and shall be heard by the relevant structure.
- Any person faced with disciplinary proceedings shall receive due written notice of any hearing and of the basic allegations against him or her and be afforded a reasonable opportunity to make his or her defence.
- Any person adversely affected by the outcome of any hearing shall have the right to have the matter reviewed by the next higher body of the ANC.
- Penalties for proven violations of the Constitution, principles, norms and decisions of the ANC shall include reprimand, payment of compensation and/or the performance of useful tasks, suspension and expulsion.
- Members shall be attended to expeditiously.
- In addition to misconduct which directly violates the norms of the ANC, any abuse of office, corruption, sexual harassment or misappropriation of funds shall give rise to proceedings.
- Proceedings may also be brought against members who behave in a disgraceful way that brings the organisation into disrepute or manifests a flagrant violation of the moral integrity expected of members.
- Disciplinary proceedings shall not be brought as a means of solving private problems or as a means of interfering in the private lives of members where the norms of the organisation are not directly affected.
- Members who fail to pay their subscriptions for six months and having been reminded of their lapse, having failed to bring same up to date, shall be regarded as members not in good standing until they bring their arrears up to date.
- Should a person be expelled from the ANC, such expulsion shall be made public, provided that if an affected member has appealed against his or her expulsion, it shall only be made public if the appeal has failed.
Z. RULES AND REGULATIONS
- The NEC shall have the power to adopt rules and regulations for the better carrying out of the activities of the ANC.
- The REC's shall have the power to adopt rules and regulations for the better functioning of the ANC in their respective regions.
- All such rules and regulations shall be consistent with the constitutional norms of the ANC, and rules and regulations framed by the REC shall only become operative when approved by the NEC, or, on a provisional basis pending approval by the NEC, by the NWC.
- The NEC shall have the power to frame a code of conduct to cover all structures, officials, office bearers and members.
Z. A. GENERAL
The ANC shall have perpetual succession and power, apart from its individual members, to acquire, hold and alienate property, enter into agreements and do all things necessary to carry out its aims and objects and defend its members, its property and its reputation.
Z. B. AMENDMENTS
Any amendments to this Constitution shall be by a two-thirds majority vote at the National 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 Conference.