As amended by and adopted at the 50th National Conference,
Rule 1 Name
Rule 18 The Provincial General Council
Rule 19 The Provincial Executive Committee
Rule 20 The Provincial Working Committee
Rule 21 Functioning of the Provincial Executive Committee
Rule 22 Provincial Regions
Rule 23 Provincial Chaplaincies
Rule 24 Branches
Rule 25 Zonal Structures and Sub Regions
Rule 26 Discipline
Rule 27 Rules and Regulations
Rule 28 General
Rule 29 Amendment
Rule 30 Special Conference
Rule 31 Contractual Liability
Rule 32 Transitional Arrangements
Rule 33 Dissolution
Schedule: ANC Logo and Colours
As a successful liberation movement, the African National Congress strives to represent the aspirations of the oppressed. Over a long history, we have sought to be in tune with the strongest urgings of our people so as to ensure that we remain their champions - not only as a liberation movement but in the rebuilding of our land after apartheid.
Within our united, powerful movement, there is a diversity of view and experience which enriches the voice of the ANC.
The ANC must enter the future, the critical years of consolidation after transition to democracy, with its house in order. This means reviewing the effectiveness of our structures at all levels so as to face the world with continuing vigour and success. All members must examine their actions to ensure that they fit into the pattern set by the institutions of the ANC.
The movement is judged not only by the performance and personality of individual members, but also as a collective, as an organisation. Its strength lies in its capacity to embrace all its members. They all have a role to play. The voluntary basis of membership of the ANC implies not only rights but acceptance of obligations to the ANC.
While the ANC has won political power, the task of transforming South African society and building a new nation is far from complete. The ANC is the lead organisation in achieving this transformation. It is the prime agent for renewal. In view of this, all ANC members must seek to be exemplary members of society. They share in the vanguard of the new nation.
The 50th National Conference of the ANC held in Mafikeng in the North West Province in December 1997 considered the role of the ANC in government and the challenges facing the organisation as we move to the 21st Century. The amendments made by the Conference to the ANC Constitution reflect those deliberations.
The ANC Constitution defines the character and nature of the organisation. The Constitution also prescribes the rights and duties of its officials and members.
The ANC Constitution reflects the ANC's dual position as liberation movement and political party. Amendments have been made which streamline the structures of the ANC to make them fit the process of governance.
We therefore call on all our structures and members to support and comply with the provisions of the ANC Constitution so that we may more effectively meet the challenges of the 21st Century.
As amended by and adopted at the National Conference of the African National Congress, December 1997
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 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 a united, non-racial, non-sexist 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;
Whereas the fundamental goal of the ANC remains to construct a non-racial, non-sexist, democratic society in South Africa;
And whereas the historic April 1994 election has placed the ANC in the position of responsibility for leading the process of reconstruction and development aimed at eradicating the problems of poverty and inequality created by apartheid and creating a just and equitable economic and social order;
Now therefore, the 50th 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 fulfil its historic mission, hereby adopts this amended Constitution.
Rule 1 NAME
The name of the organisation shall be 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 shall be:
2.1 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.
2.2 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 and in pursuit of the national democratic revolution.
2.3 To defend the democratic gains of the people and to advance towards a society in which the government is freely chosen by the people according to the principles of universal suffrage on a common voters' role.
2.4 To fight for social justice and to eliminate the vast inequalities created by apartheid and the system of national oppression.
2.5 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.
2.6 To promote economic development for the benefit of all.
2.7 To support and advance the cause of women's emancipation.
2.8 To support and advance the cause of national liberation, development, world peace, disarmament and environmentally sustainable development.
2.9 To 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 the membership in terms of the procedures laid down in this Constitution.
3.3 The ANC also contests elections as a registered political party drawing its electoral support from all sections of South African society.
3.4 The ANC shall, in its composition and functioning, be non-racial, anti-racist and non-sexist and against any form of tribalistic exclusivism or ethnic chauvinism.
3.5 While striving for the maximum unity of purpose and functioning, the ANC shall respect the linguistic, cultural and religious diversity of its members.
3.6 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.
3.7 The principles of freedom of speech and free circulation of ideas and information shall operate within the ANC.
3.8 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.
3.9 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.
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 the South African people and its struggle, may apply for membership.
4.3 All other persons who have manifested a clear identification with the South African people 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 of branch or provincial executive committees, grant honorary membership to those men and women who do not qualify for membership under Rules 4.1, 4.2 or 4.3, but who have demonstrated an unwavering commitment to the ANC and its policies.
4.5 Applications for membership shall be considered by the branch executive committee where such exists, and by the regional executive committee, if no branch executive committee exists. The branch executive committee, the regional executive committee, or such interim structures as the Provincial Executive Committee or the 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.
4.6 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. An applicant shall be issued with an acknowledgement of provisional membership and the details of the branch and constituency/area in which the applicant resides and any available information about the local branch structures.
4.7 a) Provisional membership shall apply to persons who wish to join the organisation for the first time or who wish to re-join the organisation after a considerable lapse of time.
4.7 b) Provisional membership rights commence from the date of production of acknowledgement following receipt of the application and the appropriate membership subscription. A provisional member shall have the right to attend branch meetings only in a non-voting capacity.
4.8 Any objection to any application for membership may be made by the membership 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-General may 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 of provisional membership, become a full member. The provisional member shall then be 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-General or the objection by the membership to the application for membership must be sent to the individual applicant in writing.
4.12 Membership cards shall be issued to registered members of the ANC and to persons whose application for membership have been accepted, subject to review and subject to payment of the prescribed subscription in all cases.
4.13 Members shall pay an annual subscription fee as determined by the National Executive Committee.
4.14 Non-earning members or those on reduced incomes will pay such fees as are determined by 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 such oaths:
I, ..............., solemnly declare that I will abide by the aims and objectives of the African National Congress as set out in the Constitution, the Freedom Charter and other duly adopted policy positions, that I am joining the organisation voluntarily and without motives of material advantage or personal gain, that I agree to respect the Constitution and the structures and to work as a loyal member of the organisation, that I will place my energies and skills at the disposal of the organisation and carry out tasks given to me, that I will work towards making the ANC an even more effective instrument of liberation in the hands of the people, and that I will defend the unity and integrity of the organisation and its principles, and combat any tendency towards disruption and factionalism.
4.16 The following acts will be regarded as an abuse of organisational rules, whether committed by individuals or groups:
4.17 The commission of any of the abuses described in rule 4.16 will be considered as behaviour likely to invoke disciplinary proceedings.
4.18 Any member of the ANC who stands in an election for local government, provincial or national government elections or acts as the election agent or canvasser of a person standing for such election in opposition to a candidate duly endorsed by the PEC or NEC shall be ineligible to be or remain a member.
4.19 a) Any member who joins a political organisation or party other than the ANC or a party in alliance with the ANC shall be automatically expelled by the PEC or NEC where applicable.
4.19 b) Any member who supports a political organisation or party other than an organisation in alliance with the ANC in a manner contrary to the aims, objectives and policy of the ANC shall be liable for disciplinary action.
4.20 Members who fail to pay their subscriptions for three months and having being reminded of their lapse shall not be regarded as members in good standing until they pay their arrears.
Rule 5 RIGHTS AND DUTIES OF THE MEMBERS
A member of the ANC shall have the right to:
A member of the ANC shall:
Rule 6 ORGANISATIONAL STRUCTURE
6.1 The ANC shall consist of the following organs:
6.2 Branches may be grouped together in zones and may be subdivided into smaller units such as street committees, and zones may be grouped into sub-regions.
6.3 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, provincial 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 people's 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.
6.4 The ANC Youth League shall be open to all persons between the ages of 14 and 35. It will operate on a national, provincial 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.
6.5 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.
6.6 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.
Rule 7 THE HEADQUARTERS
The site of the National Headquarters of the ANC shall be determined by the NEC.
Rule 8 PROVINCES
8.1 For purposes of ANC structures, the country shall be divided into the following provinces:
Western Cape, Northern Cape, Eastern Cape, KwaZulu Natal, Free State, Gauteng, Northern Province, Mpumalanga, North West.
8.2 The provincial headquarters will be determined by the Provincial Conference.
8.3 The National Executive Committee may from time to time alter the number, the boundaries or the names of the Provinces.
Rule 9 THE NATIONAL CONFERENCE
9.1 The National Conference shall be the supreme ruling and controlling body of the ANC.
It shall be composed of:
9.2 Voting delegates:
9.3 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.
9.4 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 then ensure their concerns are on the agenda.
9.5 The Conference shall determine its own procedures in accordance with democratic principles.
9.6. Voting on key questions shall be by secret ballot if at least one third of the delegates at National Conference demand it.
9.7 a) The National Conference shall be convened at least every five years. A National General Council may be convened by the NEC from time to time, provided that the NEC shall convene a National General Council not later than 30 months after National Conference.
b) The NEC shall, after consultation with Provinces, determine the composition of the National General Council.
c) The National General Council shall:
- Subject to paragraph (iv) below, determine and review the policies and programmes of the ANC;
- receive and discuss reports of the NEC;
- have the right to ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the ANC, including the evaluation of the performance of members of the NEC;
- have the power to discuss any issue it deems necessary taking into account policies and directives of the National Conference.
- Subject to Rule 11.3(g) it may fill vacancies that have arisen in the NEC provided that such vacancies do not exceed 50% of the Executive.
Rule 10 DUTIES AND POWERS OF THE NATIONAL CONFERENCE
The National Conference shall:
10.1 Decide and determine the policy, programme and Constitution of the ANC.
10.2 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, and the Treasurer General's Report.
10.3 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.
10.4 Elect the President, the Deputy President, National Chairperson, the Secretary General, Deputy Secretary General, the Treasurer General and the remaining 60 members of the NEC.
10.5 Have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission or committee.
Rule 11 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.
11.2 Without prejudice to the generality of its powers, the NEC shall:
11.3 The National Executive Committee, except where otherwise stipulated, shall be elected by secret ballot by the National Conference and shall hold office for five years and shall be constituted as follows:
11.4 Nominations for the NEC members referred to in Rule 11.3(a) and 11.3(b) above shall be by the following procedure:
a) (i) Nominations for the posts of:
- Deputy President
- National Chairperson
- Secretary General
- Deputy Secretary General
Treasurer General shall be made by any Province 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 25 percent (25%) 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 the support of a minimum of 25% of conference delegates, such nomination shall fall away.
b) 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 (ii) below, only those candidates who have been proposed by a Province 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 25 percent (25%) 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 the support of a minimum of 25% of delegates, such nomination shall fall away.
Not more than two persons per province may be successfully nominated in terms of b)(ii) above.
11.5 Voting shall take place by secret ballot. Each voting delegate shall vote once in each ballot.
11.6 If any Provincial Chairperson or Secretary is elected to the NEC in his or her own right or as a national official, such person shall vacate the Provincial position, provided that the Province has the right to make representations to the NEC, in a special case, where extraordinary circumstances may warrant an exception to this rule. However, when such a provincial officer is allowed to retain his or her NEC position, the Province shall not be entitled to an additional member on the NEC.
11.7 Subject to the provisions of this Constitution, the Secretary General, the Deputy Secretary General and the Treasurer General shall be full-time functionaries of the ANC.
11.8 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.
Rule 12 NATIONAL WORKING COMMITTEE
12.1 As soon as possible after the conclusion of the National Conference, the NEC shall meet and elect a National Working Committee.
12.2 The National Working Committee shall be constituted as follows: The President, Deputy President, National Chairperson, Secretary General, Deputy Secretary General and the Treasurer General.
12.3 In addition, the NEC shall elect additional members to the NWC from among the directly-elected members of the NEC. These shall not exceed one-quarter of the composition of the directly-elected members.
12.4 The members of the National Working Committee shall not necessarily be full-time functionaries of the ANC. However, the NEC shall determine the extent to which the elected members shall be full-time functionaries who may be allocated specific responsibilities.
12.5 The ANC Women's League and the ANC Youth League shall appoint one representative each to serve on the NWC.
12.6 The National Working Committee shall:
Rule 13 THE ELECTORAL COMMISSION
13.1 The NEC shall appoint an Electoral Commission of not fewer than three members whose task it will be:
13.2. The names of the electoral commission whose work shall commence before Conference opens shall be submitted to the Conference for endorsement and they shall then be reinforced by a representative appointed by each Provincial delegation.
Rule 14 GENDER AND AFFIRMATIVE ACTION
14.1 In an endeavour to ensure that women are adequately represented in all decision-making structures, the ANC shall implement a programme of affirmative action, including the provision of a quota of at least one-third (1/3) in all its structures to enable such effective participation.
14.2 The method of such implementation shall be addressed in all ANC structures immediately and on a continuing basis.
Rule 15 THE NATIONAL FINANCE COMMITTEE
15.1 The NEC shall appoint the National Finance Committee.
15.2 The NEC shall determine the composition and powers of the National Finance Committee.
15.3 The National Finance Committee shall report to the NEC at least twice a year on the finances and budget of the ANC.
Rule 16 DUTIES AND FUNCTIONS OF OFFICIALS
16.1 The President
The President is the head and chief directing officer of the ANC and the leader of the house at a National Conference. He or she shall:
16.2 Deputy President
Deputy President shall assist the President, deputise for him or her when necessary and carry out whatever functions are entrusted to him or her by the National Conference, the President or the NEC. He or she shall be an ex-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.
16.4 The National Chairperson shall:
16.5 In the absence or incapacity of the National Chairperson, the President shall assume his or her functions.
16.6 The Secretary General
The Secretary General is the chief administrative officer of the ANC. He or she shall:
16.7 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 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 she shall:
16.9 The National Chaplaincy
There shall 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 overall guidance of the NEC, the Provincial Conference shall be the highest organ of the ANC in each Province.
17.2 The Provincial Conference shall:
Rule 18 THE PROVINCIAL GENERAL COUNCIL
18.1 A Provincial General Council shall be convened between Provincial Conferences.
18.2 The Provincial General Council consists of all members of the Provincial Executive Committee and delegates representing branches in proportion to membership, with a minimum of one delegate per branch. The Women's and Youth Leagues shall be represented by their PECs. The RECs shall be appropriately represented as determined by the PEC.
18.3 The PGC shall meet at least once a year. A PGC shall, for good cause shown, be convened by the PEC upon the request of one-third (1/3) of branches in the Province.
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 falling within its competence, subject always to the policies and directives of the National Conference, 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 does not exceed 50% of the membership of the PEC.
Rule 19 PROVINCIAL EXECUTIVE COMMITTEE
19.1 The Provincial Executive Committee shall be responsible for carrying out the decisions of the Provincial Conference and Provincial General Council always subject to Rule 18.4.
19.2 It shall consist of the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and not more than 13 other persons elected by the Provincial Conference. A person shall have been a paid- up member of the ANC for three years before she or he can be nominated to a Provincial Executive Committee of the ANC. Each region shall be equally represented by the Chair and/or the Secretary as determined by the PEC provided that the number of regional representatives on the PEC does not exceed the number of elected members of the PEC.
19.3 The Women's League and the Youth League in the Province shall be represented by two representatives with full voting rights.
19.4 The PEC shall:
Rule 20 PROVINCIAL WORKING COMMITTEE
20.1 The Provincial Working Committee shall be a core group of the PEC and shall consist of not less than one quarter of its members, including the Chairperson, Secretary and Treasurer of the Province and the Chair or Secretary of the ANC Women's League and the ANC Youth League in that Province.
20.2 It shall perform the duties and functions of the PEC to which it shall report.
20.3 It shall meet at least once a week.
Rule 21 FUNCTIONING OF THE PROVINCIAL EXECUTIVE COMMITTEE
21.1 Provincial offices shall, with due allowance for differences of scale and level of work, perform the same functions as their national counterparts.
21.2 The PEC shall, wherever possible, set up provincial departments in line with national departments.
21.3 The PEC shall determine the boundaries of regions within the Provinces, in consultation with the NEC.
Rule 22 PROVINCIAL REGIONS
22.1 The PEC, under the supervision of the NEC, shall divide the Province into regions for the more efficient and democratic functioning of the ANC.
22.2 The maximum number of regions shall be determined by the PEC but shall not exceed 13 in number.
22.3 Each region shall hold a regional conference every two years which shall elect the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer and a committee of not more than fifteen members; in addition the Chair and Secretary of the ANC Women's League and the ANC Youth League in that Region shall be members of the Regional Executive Committee. A person shall have been a member of the ANC for at least two years before she or he can be nominated to a Regional Executive Committee of the ANC.
22.4 Each branch within a region shall be entitled to send delegates to the biennial regional conference in proportion to its members.
22.5 There shall be at least one regional council meeting in the course of each year with each branch being entitled to send at lease one delegate. Additional regional council meetings may be convened by the regional executive committee or the PEC or on the request of at least one-third of the branches.
22.6 The regional executive committee shall be accountable to the PEC for its functioning. The powers of the regional executive committee are such powers delegated to it by the PEC.
22.7 Regional Executive Committees may recommend to the PEC the suspension or dissolution of a BEC, Zonal Committee or Sub-Regional Committees.
Rule 23 PROVINCIAL CHAPLAINCIES
Provincial Chaplains may be appointed by the PEC on the same basis as National Chaplaincy.
Rule 24 BRANCHES
Every member of the ANC shall belong to a branch, which shall be the basic unit of the organisation.
24.1 The branch shall:
24.2 The branch executive committee shall:
Rule 25 ZONAL STRUCTURES AND SUB REGIONS
25.1 Any three (3) or more branches within a Region for the purpose of co-ordination of activities and better organisational efficiency, may be formed into a Zone at the instance of the Regional Executive Committee after consultation with the relevant branches, or on application to the PEC, by at least two branches within an area of a proposed Zone.
25.2 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.
25.3 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 requirement for ANC membership.
25.4 The tasks of the Zonal Committee will include:
25.5 Sub-regions may be formed by 3 or more Zones with similar arrangements and powers as between Zones.
Rule 26 DISCIPLINE
26.1 All members, without exception, must abide by the Constitution of the ANC, the Rules, the Standing Orders and Codes of Conduct as adopted or amended from time to time.
26.2 Disciplinary proceedings against a member shall be confined to violations of the ANC Constitution, Rules, Standing Orders, Codes of Conduct, or the commission of offences as set out in Rule 26.3, and shall not:
26.3 A serious offence shall be committed by any member who:
26.3.1 Prejudices the integrity or repute of the organisation, its personnel or its operational capacity by:
- Impeding the activities of the organisation;
- Creating division within its ranks or membership;
- Doing any other act which undermines its effectiveness as an organisation.
- Acting on behalf of or in collaboration with:
- Counter-revolutionary forces;
- A political organisation or party other than an organisation or party in alliance with the ANC in a manner contrary to the aims, policies and objectives of the ANC;
- Intelligence or the security services of other countries;
- Any person or group who seriously interferes with the work of the organisation or prevents it from fulfilling its mission and objectives.
26.3.2 The following shall also be regarded as serious offences, without prejudice to the generality of this provision and the right of the NEC to add to this category of offences:
26.3.3 If, in the opinion of the NEC or the relevant body exercising its right to invoke disciplinary proceedings under this Constitution, a member is guilty of the following offences, disciplinary proceedings may follow:
26.4 a Disciplinary proceedings shall normally be conducted at the level where the alleged violation or offence took place, namely the branch, region, province or national, and may be heard by the relevant structure;
b The NWC may direct that the disciplinary proceedings should be heard at a higher level from where the alleged violation or offence took place.
26.5 a Any person faced with disciplinary proceedings shall receive due written notice of any hearing and of the basic allegations and charges against him or her and be afforded a reasonable opportunity to make his or her defence.
b The National Disciplinary Committee shall draw up guidelines for the interpretation of this section on discipline and for the rules of procedure including time limits to be followed before, during and after a hearing.
26.6 Any person found guilty in a disciplinary proceeding, or the complainant has the right, within a reasonable period, to appeal against the conviction or sentence, to the next higher body of the ANC. The NWC may direct that any appeal should be heard by a body higher than the one to which the appeal has been made. The PEC may direct that an appeal against the decision by a branch should be heard directly by the Provincial Disciplinary Committee.
26.7 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.
26.8 Temporary Suspension
The Provincial Disciplinary Committee, the National Disciplinary Committee or the NWC having regard to the nature and seriousness of an alleged violation or offence by a member, may summarily suspend the membership of any member pending the preparation of a charge against the member and the finalisation of disciplinary proceedings against the member. The member shall be informed of such suspension. The temporary suspension shall lapse if no disciplinary proceedings are instituted against the member within 30 days of the date of the temporary suspension. Such disciplinary proceedings shall be attended to as quickly as possible and completed within a reasonable period.
26.9 All disciplinary proceedings shall be attended to as speedily as possible.
26.10 Decisions relating to disciplinary proceedings shall be publicly announced.
26.11 The NEC may authorise other structures of the ANC to institute disciplinary proceedings and to set up appropriate structures to apply the provisions of this Rule.
Rule 27 RULES AND REGULATIONS
27.1 The NEC shall have the power to adopt rules and regulations for the better carrying out of the activities of the ANC.
27.2 The PECs shall have the power to adopt rules and regulations for the better functioning of the ANC in their respective provinces.
27.3 All such rules and regulations shall be consistent with the constitutional norms of the ANC, and rules and regulations framed by the PEC shall only become operative when approved by the NEC, or, on a provisional basis pending approval by the NEC, by the NWC.
27.4 The NEC shall have the power to frame a code of conduct to cover all structures, officials, public representatives, office bearers and members.
Rule 28 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.
Rule 29 AMENDMENTS
Any amendments to this Constitution shall be by a two-thirds majority of delegates present and voting at the 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 or Special Conference. The NEC shall provide at least one month's notice for any Constitutional amendment.
Rule 30 SPECIAL CONFERENCE
30.1 A special conference of the ANC may be convened by the NEC at any time or at the request of a majority of the Provinces for a stated purpose or purposes.
30.2 Not less thank one month's notice of such conference shall be given.
30.3 Participation at the Conference shall be determined by the NEC, provided that branches shall be represented at such a conference in proportion to their membership.
Rule 31 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 the National Officials which must indicate the extent of that person's authority.
Rule 32 TRANSITIONAL ARRANGEMENTS
The NEC is authorised to make consequential changes to the content and style of these rules following these amendments and to make such transitional arrangements as necessary.
Rule 33 DISSOLUTION
The National Conference or any Special Conference may dissolve the organisation by a two-thirds majority of delegates present and voting and transfer the assets and liabilities of the movement in such a manner as determined by the 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 and canton, 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 by a right hand issuant from behind an eight-spoked wheel set to the viewer's right, both white, the rim and spaces between the spokes of the wheel, black, flotant from the upper shaft of the spear and partly surmounting the wheel, a horizontal tricolour, comprising from top to bottom, equal bands of black, green and gold.
The ANC flag is rectengular; 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.
Disciplinary Procedure (as amended on 17 February 1998)
Rule 26 of the Constitution deals with discipline. This disciplinary procedure prescribes how the disciplinary 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:
STARTING DISCIPLINARY PROCEDURE
Disciplinary Proceedings may be instituted:
1. Only for violations or offences of the ANC Constitution, the Rules, the Standing Orders, Codes of Conduct, or the violations and offences set out in Rule 26.3.1 or Rule 26.3.2 or Rule 26.3.3. (See Rule 26.2. of the ANC Constitution.)
2. By any organ or official of the ANC at Branch, Regional, Provincial or National level.However, the NWC may direct that the disciplinary proceedings should take place at a higher level than where a violation or offence was committed (Rule 26.4).
3. By the National Disciplinary Committee which can hear and decide cases:
At Branch, Regional, Provincial or National level by a Disciplinary Committee unless:
HOLDING DISCIPLINARY PROCEEDINGS
1. A charge must be made within reasonable time of the violation or offence. (Rule 26.9)
2. A charge must be prepared on behalf of the organ or officials of the ANC instituting the disciplinary proceedings. The charge must:
Provision of the ANC Constitution, the Rules, the Standing Orders, Codes of Conduct alleged to have been violated.
The violations and offences set out in Rule 26.3.1 or Rule 26.3.2 or Rule 26.3.3 alleged to have been committed.
Advise the charged member of her or his right to be represented by a member of the ANC in good standing, to have an interpreter present, to call witnesses for defence of the charge, and to 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 sooner if this is necessary in certain serious circumstances.
3. The following persons must be present at a Disciplinary Proceeding:
4 The Chairperson of the Disciplinary Committee must ensure that:
At the end of the disciplinary proceedings, the Chairperson of the Disciplinary Committee must ensure that:
1. The members of the Disciplinary Committee discuss the issues raised at the disciplinary proceedings in private and make a finding based on the facts and evidence of the case and make a ruling.
2. The Chairperson and the members of the Disciplinary Committee decide a penalty. The penalties are:
3. The charged member is advised of the ruling and the penalty of the Disciplinary Committee with the reasons for these and is advised of her or his right to appeal.
4. That the ruling and penalty are publicly announced. (Rule 26.10).
1. An appeal may be lodged by:
2. An Appeal Hearing must be held by the next higher level unless:
3. The National Disciplinary Committee is the final structure for appeals to be heard. However, the NEC may at its discretion review a decision of the National Disciplinary Committee in accordance with standing orders adopted by the NEC. (Rule 26.11).
The following procedure must be followed for appeals:
1. The appeal must be made at the next higher level or the level which the NWC or the PEC directs to hear the appeal.
2. The appeal must:
3. Except in exceptional circumstances determined by the Chairperson of the Disciplinary Committee hearing the Appeal, no new evidence may be presented or considered at the appeal. No new charges may be brought at the appeal.
4. The Chairperson and the members of the Disciplinary Committee must discuss the issues raised at the appeal hearing, and come to a finding based on the facts and evidence of the appeal hearing and make a ruling which can confirm, vary or amend the original ruling and/or penalty.
5. The person who appeals must be advised of the ruling and the confirmation or variation of the original ruling and/or penalty.
6. Any further appeal will need the permission of the next higher level.
7. Any such further appeal must follow the above appeal procedure.
EXPLANATION OF TERMS USED IN THE CONSTITUTION
Accountable: To answer for, or explain, one's conduct, decisions or acts.
Additional Members: NEC Members who are elected.
Annual subscription fee: The NEC decides the annual subscription fee.
Appeal: A resort or an application to a higher authority for a decision.
Assign: To give out as a task.
Autonomous: The Leagues operate independently, next to and in addition to ANC structures and within the framework of the Constitution and policies of the ANC.
Bribe: A bribe includes any promise or offer to give something, usually money, to procure services or gain influences in an improper manner.
Candidate duly endorsed: A candidate nominated and elected democratically by the constitutional structures of the ANC at the appropriate levels, and endorsed by the NEC, the PEC or the Branch.
Chaplaincy: Does not have the usual meaning which necessarily refers to one faith only, and it is therefore qualified by the word "interfaith" in the next line.
Consistent with: Agreeing, compatible, not contradictory.
Constitution: The Constitution of the ANC contains the rules and principles that prescribes the rights and duties of its official structures and members. It is the basic law of the movement which must be observed by all members.
Contractual liability: The effect of this is to protect the ANC against being held responsible by outsiders (e.g. a money lender) for the actions of an individual member who may have been acting on his or her own account.
Co-opt: This is an option whereby an elected body appoints further (non-elected) members to itself.
Deemed [necessary]: Considered, regarded as a subjective opinion; indicates a state of affairs which does not necessarily or in fact exists, but is taken or regarded to exist.
Designated to administer...oaths: The ANC designates someone within the organisation to administer the oath.
Direct: To conduct the affairs of, manage, regulate.
Directive: An order or instruction, especially one issued by a central authority.
Disrepute: The absence or loss of reputation; discredit; disgrace.
Elective office: Refers to an office held as Councillor, Member of the Provincial Legislature or Member of Parliament.
Electoral Commission: The ANC appoints from among its members a body to constitute an Electoral Commission.
Election agent: Representative of a candidate contesting an election and who represents the interests of the candidate.
Ex officio: Means by vitue of his or her position or office.
Eligible/Ineligible [for membership]: These are the rules that determine which persons are eligible for (qualified for or worthy to be) members of the organisation. A person qualified for membership is not necessarily entitled to membership.
Endorsed: Approved or supported
Ethnic chauvinism: A prejudiced belief in the superiority of a certain ethnic group (a cultural or social group with certain characteristics like religion, language, ancestry or physical traits).
Freedom Charter: The document containing the essential philosophy of the ANC, adopted by the (then) alliance in 1955 and ratified by the ANC in April 1956.
Good cause shown: Sufficient reasons. Any fact or circumstance that would make it just and fair between the parties. Good cause should not merely be alleged, but must be able to be shown.
Honorary membership: Membership given as a mark of honour without the usual requirements or privileges of membership.
Impeding [activities]: Obstruct the way of, hinder the progress of.
Incapacity: Lack of strength or ability; disability, helplessness.
Invalidly obtained [membership] Membership obtained falsely, not in accordance with the Constitution, and therefore legally ineffective.
Legal relationship: A relationship, like for example a contract, from which legal rights, obligations (like debts) and duties flow.
Logo and Colours: The ANC is the sole copyright holder of its logo and colours.
Member: A person who has applied for and being accepted as a paid up member of the ANC. South African citizens over 18 years of age may apply for membership.
Members not in good standing: A member who fails to pay his or her subscriptions for three months and whose membership has lapsed.
Misappropriation: To use money or funds wrongly or dishonestly, especially for one's own use.
National Democratic Revolution: Refers to the process of transforming the country from an apartheid state to a non-racial, non-sexist, united democratic society in which all people enjoy equal rights.
National List Committee: This is appointed annually by the NEC and which is responsible for drawing up regulations and procedures to be used in the selection of candidates for National Parliament. It shall consist of at least five members and not more than nine members.
Nominate: To propose by name as candidate.
Official: One who holds an office or position of authority in the organisation.
Party in alliance: Includes our alliance partners: SACP, COSATU, and others as decided by the NEC.
Perpetual succession and power: Rule 28 confers legal personality on the ANC, by which it exists in law as an entity with rights and duties independent from the change in its members or officials from time to time, and these rights vests indefinately in the organisation as a legal person.
Provincial List and Candidates Committee: Refers to the Committee in each province responsible for the compilation of elections lists and ward candidates.
Provisional membership: Refers to a member whose membership has not yet been confirmed, but who may participate in the activities of the organisation except election onto any committee, structure, commission or delegation of the ANC.
Quorum: The minimum number of officials or members of a structure, committee or assembly, usually a majority, who must be present for the valid transaction of the business of the meeting.
Ratify: Approve, give formal sanction to.
Reasonable Period: The NEC may declare a time frame as to when an appeal may be lodged (see Rule 27.1).
Region: This means the geographic area of the Province, and not the "region" as defined in Rule 22.
Registered political party: This refers to registration in terms of the Electoral Act, 1993.
Rescind: To void or repeal.
Review [of membership application]: The reconsideration of an acceptance or refusal of membership.
Rules and Regulations: In addition to the Rules contained in this constitution, the NEC may also adopt subordinate Rules for the better carrying out of the activities of the ANC.
Second: An utterance or show of endorsement of a proposal or nomination.
Shall/may [convene, etc]: 'Shall' normally means 'must' (obligatory, no discretion). 'May' is permissive, and usually confers a discretionary power or function.
Supervise: To direct and inspect the performance of work, to oversee.
Suspend/suspension: To bar for a period from a privilege, office or position; to render temporarily ineffective or inoperative under certain conditions.
Tied vote: A state of equality of votes; a draw
Tribalistic exclusivism: To prevent persons from certain tribes to play a role in the organisation, or to admit only persons from certain tribal backgrounds to memberships or participation.
Undermines: To weaken, injure or ruin insidiously or secretly.
Universal Suffrage: The right of all persons to vote.
Voting and speaking rights [at meetings]: The right to vote is a matter that is regulated in the Constitution of the organisation. The reason why non-members of a structure are afforded speaking rights (when they do not have voting rights) is to ensure that the non-members have spoken at the meeting and by virtue of their forceful character possibly unduly influenced the meeting or inhibited free discussion or decision.
Zones: A (geographical) area distinguished from adjacent parts by some distinctive feature or character.