NORTH WEST PROVINCE
AFRICAN NATIONAL CONGRESS
SOUTH AFRICA'S NATIONAL LIBERATION MOVEMENT

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Preamble
 Definitions
Rule 1 Name
Rule 2 Aims and Objectives
Rule 3 The Character of the ANC
Rule 4 Membership
Rule 5 Rights and Duties of members
Rule 6 Gender and Affirmative Action
Rule 7 Organisational Structure
Rule 8 Headquarters
Rule 9 Provinces
Rule 10 The National Conference
Rule 11 Duties and Powers of the National Conference
Rule 12 National Executive Committee
Rule 13 National Working Committee
Rule 14 The Electoral Commission
Rule 15 The National Finance Committee
Rule 16 Duties and Functions of Officials
Rule 17 Provincial Conference
Rule 18 The Provincial General Council
Rule 19 The Provincial Executive Committee
Rule 20 The Provincial Working Committee
Rule 21 Regions
Rule 22 Provincial Chaplaincies
Rule 23 Branches
Rule 24 Zonal Structures and Sub Regions
Rule 25 Management of Organisational Discipline
Rule 26 Rules and Regulations
Rule 27 General
Rule 28 Amendments
Rule 29 Special Conference
Rule 30 Contractual Liability
Rule 31 Borrowing Powers
Rule 32 Transitional Arrangements
Rule 33 Dissolution
Appendix 1: ANC Logo and Colours 
Appendix 2: Freedom Charter
Appendix 3: Procedure for the conduct of disciplinary proceedings

 

African National Congress Constitution

As amended and adopted at the 53rd National Conference, Mangaung, 2012

CONTENTS

Schedule:

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 a white supremacist Union of South Africa;

AND WHEREAS in the course of fulfilling this historic aim, the African National Congress 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 African National Congress 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;

AND WHEREAS the fundamental goal of the African National Congress 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 African National Congress in a 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 National Conference of the African National Congress, duly constituted and assembled, cognisant of the historic mission of the African National Congress and of the need to build a mass based democratic structure to enable it to fulfil its historic mission, hereby adopts this amended Constitution, as follows:

DEFINITIONS

The words, terms and acronyms used in the Constitution and the Appendices bear the following meanings, unless the context indicates otherwise:

"accountable" means to answer for, or explain, one's conduct, decisions or acts;
"ANC" means the African National Congress;
"appeal" means to resort to or apply to a higher authority in the ANC structures for a decision;
"appellant" means a member, office bearer or public representative who appeals against a decision of a Disciplinary Committee;
"Appendix" means an attachment or annexure to this Constitution;
"assembly or gathering" means a grouping of ANC members who come together for a specific purpose;
"autonomous" means that the Leagues function independently, next to and in addition to ANC structures and within the framework of the Constitution and policies of the ANC;
"BDC" means a Branch Disciplinary Committee;
"BEC" means the Executive Committee of a Branch of the ANC;
"biennial" means once every two years;
"Branch in good standing" means a Branch that is recognised by the ANC to be fully compliant with its obligations in terms of this Constitution and whose members are paid-up members;
"bribe" means any promise or offer to give something, usually money, to procure services or gain influence in an improper manner;
"candidate duly endorsed" means 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;
"caucus" means an organised group of public representatives of the same political party which exists as a structure or institution at each respective sphere of governance and which meets privately to discuss policy, issues pertaining to voting and strategies in preparation for open meetings with other political parties where such policies are discussed and voting takes place;
"chaplain" means a priest, religious or spiritual leader;
"Chief National Presenter" means a person appointed in terms of this Constitution to present the case of the PDC, NDC and NDCA, as the case may be, in disciplinary and appeal proceedings and "Chief Provincial Presenter" and
"Chief Regional Presenter" have the same meaning, in respect of the relevant organisational level and "Presenter", where used, refers to all of the persons included in the definition of "Chief National Presenter";
"complainant" means, in the context of disciplinary proceedings, the ANC;
"consistent with" means agreeing, compatible, not contradictory;
"Constitution" means the ANC Constitution;
"contractual liability" means the debt or risk a party takes on or assumes when it enters into an agreement with another party or parties, usually expressed in a written and binding contract;
"co-opt" means to add to a structure by a vote or decision of those already members of that structure;
"days" means calendar days and include Saturdays, Sundays and public holidays;
"deemed" means a state of affairs which does not necessarily or in fact exist, but is taken for granted to exist;
"Department" means any operational division of the ANC at national, provincial, regional and local level and excludes structures and committees established in terms of this Constitution;
"deployed member or deployee" means a member who accepts to perform certain duties and functions on behalf of the ANC in a representative capacity, in addition to his or her duties and obligations as a member;
"designated to administer oaths" means the person or persons designated within the ANC to administer the oath;
"direct" means to conduct the affairs of, manage, or regulate;
"directive" means an order or instruction, especially one issued by a central authority;
"disciplinary committee" means a disciplinary of the ANC constituted in terms of this Constitution;
"disrepute" means the absence or loss of reputation, discredit or disgrace;
"election agent" means a representative of a candidate contesting an election who represents the interests of that candidate;
"elective office" refers to an office held as Councillor, Member of the Provincial Legislature or Member of Parliament;
"Electoral Commission" refers to a body appointed by the ANC from amongst its members to constitute an Electoral Commission;
"eligible/ineligible [for membership]" refers to the rules that determine which persons are eligible for (qualified for or worthy of) membership of the organisation. (A person qualified for membership is not necessarily entitled to membership);
"endorsed" means approved or supported;"ethnic chauvinism" means 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);
"ex-officio" means by virtue of his or her position or office;
"Freedom Charter" means the document containing the essential philosophy of the ANC, adopted by the (then) alliance in 1955 and ratified by the ANC in April 1956 and which is annexed to this Constitution as Appendix 2;
"full-time functionaries" means members of the National Officials Committee and Provincial Secretaries who are engaged full-time by the ANC on a salaried basis;
"good cause shown" means sufficient reason for any fact or circumstance that would make it just and fair between the parties;
"honorary membership" refers to membership given as a mark of honour without the usual requirements or privileges of membership;
"impede" means to obstruct the way of, or hinder the progress of;
"invitee" means a person who has been invited to a gathering of the ANC or of a structure of the ANC and who enjoys no rights or privileges in the Organisation;
"jurisdiction" means the range of authority one has over individuals and events;
"Leagues" means the ANC Womens' League, the ANC Youth League and the ANC Veterans'' League;
"legal relationship" means a relationship, like a contract, from which legal rights, obligations and duties flow;
"logo and colours" means that the ANC is the sole copyright holder of its logo and colours;
"member" means a member of the ANC;
"member not in good standing" means a member who fails to pay his or her subscriptions for three months and whose membership has lapsed;
"misappropriation" means to use money or funds wrongly or dishonestly, especially for one's own use;
"money-laundering" means a criminal offence as defined by statute and means the process of concealing the source of money obtained by illicit means;
"mutatis mutandis" means that the body of information remains essentially the same but only minor details will change to fit the circumstances;
"National Chairperson" means the National Chairperson of the ANC;
"National Democratic Revolution" means 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" means a committee appointed annually by the NEC and which is responsible for drawing up regulations and procedures to be used in the selection of candidates for Parliament;
"NDC" means the National Disciplinary Committee;
"NDCA" means the National Disciplinary Committee of Appeal;
"NEC" means the National Executive Committee of the ANC;
"NGC" means the National General Council of the ANC;
"natural justice" means the rule of law, that no one can be a judge in his/her own cause and one should be given the opportunity to be heard;
"nominate" means to propose by name as a candidate;
"non-earning members" means members who are not in gainful employment;
"NWC" means the National Working Committee of the ANC;
"office bearer" means any member who has been elected and holds an office or position of authority in a structure of the ANC;
"officials" means the National Officials referred to in Rules 16.1 to 16.8;
"Organisation" means the African National Congress;
"Party in alliance" means the South African Communist Party (SACP), the Congress of South African Trade Unions (COSATU) and the South African National Civic Organisation (SANCO);
"PDC" means a Provincial Disciplinary Committee;
"PEC" means a Provincial Executive Committee of the ANC;
"periodic" means from time to time;
"perpetual succession and power" means the rights that vest indefinitely in the Organisation as a legal person as distinct from its individual members;
"PGC" means the Provincial General Council of a Province, of the ANC;
"President" means the President of the ANC and
"Deputy President" means the Deputy President of the ANC;
"presumption" means a fact or state of existence that is taken for granted unless the contrary is proved;
"properly constituted Branch General Meeting" means a Branch meeting that complies with all aspects or requirements of the Constitution, including any quorum requirements;
"Provincial List and Candidates' Committee" means the Committee in each Province responsible for the compilation of elections lists and ward candidates;
"provisional membership" means the membership of a member whose application for membership has not yet been confirmed, but who may participate in the activities of the Organisation except being elected to any committee, structure, commission or delegation of the ANC;
"non-earning members" means members who are not in gainful employment;
"NWC" means the National Working Committee of the ANC;
"office bearer" means any member who has been elected and holds an office or position of authority in a structure of the ANC;
"officials" means the National Officials referred to in Rules 16.1 to 16.8;
"Organisation" means the African National Congress;
"Party in alliance" means the South African Communist Party (SACP), the Congress of South African Trade Unions (COSATU) and the South African National Civic Organisation (SANCO);
"PDC" means a Provincial Disciplinary Committee;
"PEC" means a Provincial Executive Committee of the ANC;
"periodic" means from time to time;
"perpetual succession and power" means the rights that vest indefinitely in the Organisation as a legal person as distinct from its individual members;
"PGC" means the Provincial General Council of a Province, of the ANC;
"President" means the President of the ANC and
"Deputy President" means the Deputy President of the ANC;
"presumption" means a fact or state of existence that is taken for granted unless the contrary is proved;
"properly constituted Branch General Meeting" means a Branch meeting that complies with all aspects or requirements of the Constitution, including any quorum requirements;
"Provincial List and Candidates' Committee" means the Committee in each Province responsible for the compilation of elections lists and ward candidates;
"provisional membership" means the membership of a member whose application for membership has not yet been confirmed, but who may participate in the activities of the Organisation except being elected to any committee, structure, commission or delegation of the ANC;
"public representative" means a member who represents the ANC in national, provincial or local government as a deployed member or deployee as defined or in terms of a contract of deployment entered into with the ANC;
"Provincial Secretary" means the secretary of a Province of the ANC;
"PWC" means the Provincial Working Committee of a Province of the ANC;
"quorum" means the minimum number of officials or members of a structure, committee, assembly or gathering, usually a majority, who must be present for the valid transaction of the business of the meeting;
"ratify" means to approve or give formal sanction to;
"RDC" means a Regional Disciplinary Committee;
"rebuttable" in relation to a presumption means that which can be challenged by evidence to the contrary;
"REC" means the Regional Executive Committee of a Region of the ANC;
"recall" means to order to return;
"Region" means the geographical area of the Province, and not the "region" as defined in Rule 21;
"registered political party" refers to registration in terms of the Electoral Act, 1998 (Act No. 73 of 1998);
"representative" means a member of the ANC in good standing who acts on behalf of a charged member in disciplinary proceedings;
"rescind" means to void or repeal;
"review" means to reconsider the acceptance or refusal of;
"RWC" means a Regional Working Committee of the ANC;
"Secretary General" means the Secretary General of the ANC and "Deputy Secretary General" means the Deputy Secretary General of the ANC;
"Standing Order" means a directive or instruction made by a structure in authority;
"supervise" means to direct and inspect the performance of work or to oversee;
"suspend" means to bar for a period of time access to a privilege, office or position;
"tied vote" means a state of equality of votes, a draw;
"Treasurer General" means the Treasurer General of the ANC;
"tribalistic exclusivism" means to prevent persons from certain tribes to play a role in the Organisation, or to admit only persons from certain tribal backgrounds to membership or participation;
"undermines" means to weaken, injure or ruin insidiously or secretly;
"Whip" means an officer, usually a Member of Parliament, of a political party in Parliament who exercises some authority over other members of the same party;
"universal suffrage" means the right of all persons to vote;
"voting district" refers to a geographical area demarcated or defined by the Electoral Commission referred to in the Electoral Act, 1998, for the purpose of voting in elections in the country; and "zone" means a (geographical) area distinguished from adjacent parts by some distinctive feature or character.

Rule 1 NAME

1.1 The name of the organisation is the African National Congress, hereinafter referred to as the ANC.
1.2 The colours of the ANC are black, green, and gold and the logo is as described in Appendix 1.

Rule 2 AIMS AND OBJECTIVES

The aims and objectives of the ANC are:

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 (Appendix 2) 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' roll;
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; and
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 democratic, non-racial and non-sexist and combat any form of racial, tribalistic or ethnic exclusivism or 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 shall be open to all men and women in the Organisation without regard to race, colour or creed.
3.9 The ANC shall cooperate closely with religious bodies in the country and shall provide, 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 who 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 Executives Committees, grant honorary membership to those men and women who do not qualify for membership under Rule 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 Committees, if no Branch 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, may accept or refuse any application for membership provided such acceptance or refusal is subject to review by the next higher organ of the ANC.
4.6 Membership cards shall be issued to registered members of the ANC.
4.7 Persons whose applications for membership have been accepted, subject to review as provided for in Rule 4.12, shall be issued with:
4.7.1 A temporary membership card; and
4.7.2 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.
4.8 Membership and temporary membership cards referred to in 4.7.1 and 4.7.2 above shall be issued subject to payment of the prescribed subscription fee.
4.9 Provisional membership shall apply to persons who wish to join the Organisation for the first time or who wish to rejoin the Organisation after a considerable lapse of time or circumstances determined by the NEC.
4.10 Provisional membership rights commence from the date of acknowledgement following receipt of the application and the appropriate membership subscription. A provisional member may attend Branch meetings only in a non-voting capacity.
4.11 Any objection to any application for membership may be made by any member of the ANC to the Branch, Regional or Provincial Secretary within 6 (six) months of the notification.
4.12 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 be rejected if it was obtained invalidly.
4.13 In the absence of any objection from the structures and/or any ruling by the Secretary General, the applicant shall, on the expiry of 6 (six) months 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.
4.14 The reasons for the rejection of an application for membership by the Secretary General or the objection to the application for membership must be sent to the individual applicant in writing.
4.15 Members shall pay an annual subscription fee as determined by the National Executive Committee.
4.16 Non-earning members or those on reduced incomes shall pay such fees as may be determined by the NEC.
4.17 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".
4.18 Members who fail to pay their subscriptions for three months and having been reminded of their lapse, will not be regarded as members in good standing until they pay their arrears.

Rule 5 RIGHTS AND DUTIES OF MEMBERS

5.1 Rights:

5.1 A member shall be entitled to:
5.1.1 Take a full and active part in the discussion, formulation and implementation of the policies of the ANC;
5.1.2 Receive and impart information on all aspects of ANC policy and activities;
5.1.3 Offer constructive criticism of any member, official, policy programme or activity of the ANC within its structures;
5.1.4 Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the ANC; and
5.1.5 Submit proposals or statements to the Branch, Province, Region or NEC, provided such proposals or statements are submitted through the appropriate structures.

5.2 Duties

5.2 A member of the ANC shall:

5.2.1 Belong to and take an active part in the life of his or her Branch;
5.2.2 Take all necessary steps to understand and carry out the aims, policies and programmes of the ANC;
5.2.3 Explain the aims, policies and programmes of the ANC to the people;
5.2.4 Deepen his or her understanding of the social, cultural, political and economic problems of the country;
5.2.5 Combat propaganda detrimental to the interests of the ANC and defend the policies, aims and programme of the ANC;
5.2.6 Fight against racism, tribal chauvinism, sexism, religious and political intolerance or any other form of discrimination or chauvinism;
5.2.7 Observe discipline, behave honestly and carry out loyally the decisions of the majority and decisions of higher bodies; and
5.2.8 Inform his or her Branch of movement of residence to any area outside his/her Branch and report to the Branch Committee Secretary on arriving at the new area.

5.3 All members shall ensure that they are registered as voters in the constituency in which they live.
5.4 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, to function within its rules and to abide by its decisions under the general provisions of this Constitution and the constitutional structures of the ANC.

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 the provision of a quota of not less than 50% (fifty per cent) of women in all elected structures of the ANC to enable such effective participation.
6.2 The method of such implementation will be addressed in all ANC structures immediately and on a continuous basis.

Rule 7 ORGANISATIONAL STRUCTURE

7.1 The ANC consists of the following organs:

7.1.1 The National Conference which elects the National Executive Committee;
7.1.2 The Provincial Conference which elects the Provincial Executive Committee;
7.1.3 The Regional Conference which elects the Regional Executive Committee;
7.1.4 The Branch Biennial General Meeting which elects the Branch Executive Committee.

7.2 Branches may be grouped together in zones and may be subdivided, for the purpose of co-ordination, into smaller units such as street committees, voting districts and zones may be grouped into sub-regions. Any sub-branch so established shall have the same voting powers as a branch.

ANC WOMEN'S LEAGUE

7.3 Membership of the ANC Women's League shall be open to women who are members of the ANC and it has the same basic structures, namely, national, provincial and Branch structures. Its objectives are 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 ANC Women's League shall function as an autonomous body within the overall structure of the ANC, of which it shall 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.

ANC YOUTH LEAGUE

7.4 The ANC Youth League shall be open to all persons between the ages of 14 (fourteen) and 35 (thirty five) years. It operates 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 to ensure that the youth make a full and rich contribution to the work of the ANC and the life of the nation. The ANC Youth League shall function as an autonomous body within the overall structure of the ANC, of which it shall 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.

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

7.6 A member of the ANC Youth League shall not be eligible for election to 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.

ANC Veterans' LEAGUE

7.7 The ANC Veterans' League shall be open to all ANC members 60 (sixty) years of age or older, who have served the ANC and the movement over an unbroken period of 40 (forty) years. It shall operate on a national, provincial and branch basis. Its objectives are to ensure that Veterans' make a full and rich contribution to the work of the ANC, to the movement and to the life of the nation. The ANC Veterans' League will function as an autonomous body within the overall structure of the ANC, of which it shall 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 HEAD QUARTERS

8.1 The site of the National Headquarters of the ANC shall 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 the South African Constitution:

9.1.1 Eastern Cape;
9.1.2 Free State;
9.1.3 Gauteng;
9.1.4 KwaZulu/Natal;
9.1.5 Limpopo;
9.1.6 Mpumalanga;
9.1.7 North West;
9.1.8 Northern Cape; and
9.1.9 Western Cape.

9.2 The provincial headquarters shall be determined 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 shall be comprised of:

10.1.1 Voting delegates:

10.1.1.1 At least 90% (ninety per cent) of the delegates at Conference shall be from branches, elected at properly constituted branch general meetings. The number of delegates per branch shall be in proportion to their paid up membership, provided that each branch in good standing shall be entitled to at least 1 (one) delegate;

10.1.1.2 The number of delegates to be allocated to each province to attend National Conference shall be fixed by the NEC in proportion to the paid up membership of each Province;

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

10.1.1.4 The remainder of the voting delegates at the Conference shall be allocated by the NEC from among members of the Provincial Executive Committees, the ANC Veterans'' League, the ANC Youth League and the ANC Women's League.

10.1.2 Non-Voting Delegates:

10.1.2.1 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.

10.2 The NEC shall appoint a Conference Preparatory Committee which shall circulate Conference information in advance, determine the precise procedure for the selection of delegates and indicate how the membership can then ensure that 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 issues, as determined by Conference, shall be by secret ballot if at least one third of the delegates at the National Conference demand it.

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

National General Council

10.6 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 (thirty) months after the National Conference.

10.7 The NEC shall, after consultation with Provinces, determine the composition of the National General Council.

10.8 The National General Council shall:

10.8.1 Subject to 10.8.3 and 10.8.4 below, determine and review the policies and programmes of the ANC;

10.8.2 Receive and discuss reports of the NEC;

10.8.3 Have the right to ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the ANC, except the National Conference, including the evaluation of the performance of members of the NEC; and

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

10.9 Subject to 13.13 below, the NGC may fill vacancies that have arisen in the NEC provided that such vacancies do not exceed 50% (fifty per cent) of the NEC.

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 General's Report, which shall include a report on the work and activities of the ANC Veterans'' League, the ANC Women's League and the ANC Youth League, and the Treasurer General's Report;

11.3 Have the right and power to review, ratify, alter or rescind any decision taken by any of the constituent structures, committees 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 (eighty) additional members of the NEC; and

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

12.1 The National Executive Committee is the highest organ of the ANC between National Conferences and has the authority to lead the organisation, subject to the provisions of this Constitution.

12.2 Without prejudice to the generality of its powers, the NEC shall:

12.2.1 Carry out the decisions and instructions of the National Conference and the National General Council;

12.2.2 Issue and send directives and instructions to and receive reports from the Provinces;

12.2.3 Supervise and direct the work of the ANC and all its organs, including national, provincial and local government caucuses;

12.2.4 Ensure that the Provincial, Regional and Branch structures of the ANC function democratically and effectively. (The NEC may suspend or dissolve a PEC where necessary. A suspension of a PEC shall not exceed a period of 3 (three) months. Elections for a PEC, which has been dissolved, shall be called within 9 (nine months) from dissolution. The NEC may appoint an interim structure during the period of suspension or the dissolution of the PEC to fulfil the functions of the PEC);

12.2.5 Oversee the work of the ANC Veterans' League, the ANC Women's League and the ANC Youth League;

12.2.6 Establish Departments and set up committees, as it considers appropriate;

12.2.7 Manage and control all the national and international property and assets of the ANC;

12.2.8 Receive reports, supervise the work of, and delegate such functions to the NWC, as it considers necessary;

12.2.9 Issue documents and other policy directives as and when it deems fit;

12.2.10 Confer such honours, as it may deem appropriate;

12.2.11 Appoint annually a National List Committee of not fewer than 5 (five) and not more than 9 (nine) persons for the selection and adoption of candidates for Parliament. (The NEC shall draw up regulations for the procedures to be followed in such a selection. The National List Committee shall report to the NEC prior to the implementation of its recommendations. Provincial structures for the adoption of candidates shall report to the National List Committee);

12.2.12 Institute disciplinary proceedings against any member and temporarily suspend the membership of any member;

12.2.13 Have the power to institute and defend legal proceedings on behalf of the Organisation;

12.2.14 Develop and adopt Rules and Regulations and Standing Orders for the due and efficient functioning of the Organisation and the achievement of its aims and objectives;

12.2.15 Appoint at least 6 (six) but not more that 10 (ten) members from among its membership and/or from other structures of the ANC, one of whom shall be designated as Chairperson, to constitute the National Disciplinary Committee;

12.2.16 Appoint at least 6 (six) but not more that 10 (ten) members from among its membership and/or from other structures of the ANC, one of whom shall be designated as Chairperson, to constitute the National Disciplinary Committee of Appeal;

12.2.17 Appoint 4 (four) members as Presenters, one of whom shall be designated as Chief National Presenter, to investigate, represent and present the case of the ANC, from time to time, in any NDC and NDCA hearing;

12.2.18 Have the power to appoint a National Chaplaincy on an interfaith basis to provide spiritual guidance;

12.2.19 Have the power to delegate any of its powers to the NWC, the Officials or Secretary General;

12.2.20 Take all steps necessary or warranted for the due fulfilment of the aims and objectives of the ANC and the due performance of its duties; and

12.2.21 The NEC may:

12.2.21.1 Convene a Policy Conference, as a recommendation-making body on any matter of policy, whenever it deems it necessary, but the NEC shall convene a National Policy Conference at least 6 (six) months before the National Conference to review policies of the ANC and to recommend any new or to amend any present policy for consideration by the National Conference; and
12.2.21.2 Sign deployment contracts with public representatives and recall any public representative.

Elections and composition of the NEC

12.3 The NEC, as a whole, shall not consist of less than 50% (fifty per cent) of women. The NEC, except where otherwise stipulated, shall be elected by secret ballot by the National Conference and shall hold office for 5 (five) years and shall be constituted as follows:

12.3.1 The President, Deputy President, National Chairperson, the Secretary General, Deputy Secretary General and the Treasurer General who will be elected separately by the National Conference;

12.3.2 80 (eighty) additional members of the NEC;

12.3.3 The Chairperson and the Secretary of each elected ANC Provincial Executive Committee who shall be ex-officio members of the NEC;

12.3.4 The President and Secretary General of the ANC Women's League who shall be ex-officio members of the NEC;

12.3.5 The President and Secretary General of the ANC Youth League who shall be ex-officio members of the NEC;

12.3.6 The President and Secretary General of the ANC Veterans' League who shall be ex-officio members of the NEC.

12.3.7 Not more than 5 (five) additional members that the NEC may co-opt at any time during its term of office in order to provide for a balanced representation that reflects the true character of the South African people.

12.4 Should a vacancy occur on the NEC for any reason, the NEC shall have the power to appoint a replacement.

12.5 The quorum for meetings of the NEC shall be 50% (fifty per cent) plus 1(one) of its total membership.

12.6 A person must have been a member in good standing of the ANC for at least 10 (ten) years before she or he can be nominated for election to the NEC.

12.7 Nominations for the NEC members referred to in Rule 12.3.1 and 12.3.2 above, shall be by the following procedure:

12.7.1 Subject to sub-rule 12.7.1.1 below, nominations for the posts of:

  1. The President;
  2. Deputy President;
  3. National Chairperson;
  4. Secretary General;
  5. Deputy Secretary General; and
  6. Treasurer General,

shall be made by any Province and placed before the National Conference.

12.7.1.1 A delegate to the Conference shall, however, have the right to nominate any person whose name has not been proposed in terms of Rule 12.7.1 above. In such event the presiding officer shall call for seconders for the nomination. If such nomination is seconded by a minimum of 25% (twenty-five per cent) 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% (twenty five per cent) of conference delegates, such nomination shall fall away.

12.7.2 Nominations of candidates for election to the NEC, other than the above positions, shall be carried out by the following procedure:

12.7.2.1 Subject to subrule 12.7.2.2 below, only those candidates who have been proposed by a Province shall appear on the National Conference ballot paper.

12.7.2.2 Subject to sub-rule 12.7.2.3 below, a delegate to the Conference shall, however, have the right to nominate any person whose name has not been proposed in terms of 12.7.1 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% (twenty five per cent) of Conference delegates, then such nomination must be regarded as having been duly seconded, in which event the name of such nominee shall be placed on the ballot paper. If the nominee fails to secure the support of a minimum of 25% (twenty five percent) of delegates, such nomination shall fall away. 12.7.2.3 Not more than 2 (two) persons per province may be successfully nominated in terms of 12.7.2.2 above.

12.8 For purposes of the nomination procedures referred to in Rules 12.7.1 and 12.7.2 the Veterans' League, as a whole, the Women's League, as a whole and the Youth League, as a whole, shall be regarded as a province.

12.9 Voting shall take place by secret ballot. Each voting delegate shall vote once in each ballot.

12.10 In accordance with Rule 6, not less than 50% (fifty per cent) of the directly elected and co-opted members of the NEC must be women.

12.11 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.

12.12 The NEC shall meet in plenary session at least once every three months and will provide broad political and organisational perspectives to the National Working Committee.

12.13 The NEC may invite any ANC member in good standing to attend its meetings. The number of invitees shall be limited by the NEC. An invitee may speak and participate at such meeting, but shall not vote.

12.14 A member who is elected to the NEC shall resign from any lower executive structure in the ANC.

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:

  1. The President;
  2. Deputy President;
  3. National Chairperson;
  4. Secretary General;
  5. Deputy Secretary General; and
  6. the Treasurer General.

13.3 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.

13.4 The members of the NWC may 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.

13.5 The ANC Veterans' League, ANC Women's League and the ANC Youth League shall appoint one representative each to serve on the NWC.

13.6 In accordance with Rule 6, not less than 50% (fifty per cent) of the members of the NWC must be women.

13.7 The NWC may invite any ANC member in good standing to attend its meetings. The number of invitees shall be limited by the NWC. An invitee can be given a specific assignment by the NWC, but cannot speak on behalf of the NWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but shall not vote.

13.8 The National Working Committee shall:

13.8.1 Carry out decisions and instructions of the NEC;
13.8.2 Conduct the current work of the ANC and ensure that provinces, regions, branches and all other ANC structures, such as parliamentary caucuses, carry out the decisions of the ANC; and
13.8.3 Submit a report to each NEC meeting.

Rule 14 THE ELECTORAL COMMISSION

14.1 The NEC shall appoint an Electoral Commission of not fewer than 3 (three) members whose task it will be:

14.1.1 To prepare the ballot papers;
14.1.2 To make provision for ballot boxes or other means of secret voting;
14.1.3 To create machinery for the counting of ballot papers and the effective supervision of the counting of votes;
14.1.4 To announce the results of all ballots and make known the number of votes received by each successful candidate; and
14.1.5 To establish procedures for voting and to determine any dispute raised in regard to elections and election procedures, and to determine how any tied vote should be resolved.

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

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 will report to the NEC at least twice a year on the finances and budget of the ANC.

Rule 16 DUTIES AND FUNCTIONS OF OFFICIALS

The powers and duties of the individual members of the Officials are as set out below.

16.1 The President

The President is the political head and chief directing officer of the ANC and the leader of the house at National Conference or National General Council meetings. He or she shall:

16.1.1 Make pronouncements for and on behalf of the NEC outlining and explaining the policy or attitude of the ANC on any question;

16.1.2 Present to the National Conference and National General Council a comprehensive statement of the state of the nation and the political situation generally; and

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

16.2 Deputy President

The Deputy President shall assist the President, deputise for him or her when necessary and carry out whatever functions that are entrusted to him or her by the National Conference, the National General Council, the President, the NWC 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. Until such appointment is made, the provisions of 16.6.7 shall apply.

16.4 The National Chairperson

The National Chairperson shall:

16.4.1 Remain the custodian of the policies adopted and decisions taken by the National Conference and National General Council ad ensure that all organs of the ANC implement decisions taken by the National Conference, National General Council, NEC and the NWC and operate within the parameters of policy set out by the National Conference, NGC and the NEC;
16.4.2 Preside over meetings of the National Conference, the National General Council, the NEC and the NWC;
16.4.3 Carry out such additional tasks or functions, as are entrusted to him or her, by the Conference, Council, NEC or NWC.

16.5 In the absence or incapacity of the National Chairperson, the President will 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:

16.6.1 Communicate the decisions of all national structures of the ANC on behalf of the NEC;
16.6.2 Keep the minutes of the National Conference, the National General Council, the NEC, the NWC, as well as other records of the ANC;
16.6.3 Conduct the correspondence of the NEC and the NWC and send out notices of all conferences and meetings at the national level;
16.6.4 Convey the decisions and instructions of the National Conference, the National General Council, the NEC and the NWC to the provincial executive committees and see to it that all units of the ANC carry out their duties properly.
16.6.5 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;
16.6.6 Present to the National Conference and National General Council a comprehensive statement of the state of the organisation and the administrative situation of the ANC;

16.7 In the absence of the President and the Deputy President, the Secretary General shall assume the functions of the President.
16.8 All departments shall report on their activities and be accountable to the Secretary General.

16.9 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 the Secretary General by the National Conference, the National Council, the NEC, or NWC and shall be an ex-officio member of the NWC.

16.10 Treasurer General

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

16.10.1 Receive and bank all monies on behalf of the NEC and shall, together with any 2 (two) members of the NEC, open and operate a banking account;
16.10.2 Keep such books of account as may be necessary to record accurately the financial position of the ANC;
16.10.3 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 National Conference, and shall submit periodic reports to the NEC and the NWC;
16.10.4 Be responsible, with the National Finance Committee, for working out and executing plans for fund raising; and
16.10.5 Present to the National Conference and National General Council a comprehensive statement of the state of the finances of the ANC.

Rule 17 PROVINCIAL CONFERENCE

17.1 Subject to the decisions of the National Conference and the National General Council, and the overall guidance of the NEC, the Provincial Conference is the highest organ of the ANC in each Province.

17.2 The Provincial Conference shall:

17.2.1 Be held at least once every 4 (four) years and more often if requested by at least one third of all branches in the Province.
17.2.2 Be composed of:

(i) Voting delegates as follows:

17.2.2.1 At least 90% (ninety per cent) of the delegates at the Conference shall be from branches, elected at properly constituted branch general meetings. The number of delegates per branch shall be in proportion to their paid up membership, provided that each branch in good standing shall be entitled to at least 1 (one) delegate.
17.2.2.2 All members of the Provincial Executive Committee shall attend ex-officio as full participants in and delegates to the Conference.
17.2.2.3 The remainder of the voting delegates at Conference shall be from members of the RECs, ANC Veterans' League, ANC Youth League and the ANC Women's League, as allocated by the PEC.

(ii) Non voting delegates

17.2.2.4 The PEC may invite individuals, who have made a special contribution to the struggle or who have special skills or experience, to attend the Conference. In addition, the PEC shall permit representation as non-voting delegates to structures, which do not have the minimum requirement to form a branch.

Provincial Conference shall:

17.2.2.5 Determine its own procedures in accordance with democratic principles and practices;
17.2.2.6 Vote on key questions by secret ballot if at least one third of the delegates at the Provincial Conference demand it; and
17.2.2.7 Vote for the election of the PEC by secret ballot. Each voting delegate shall vote once in each ballot.

17.3 The Provincial Conference shall:

17.3.1 Promote and implement the decisions and policies of the National Conference, the National General Council, the NEC and the NWC;
17.3.2 Receive and consider reports by the Provincial Executive Committee, which shall include the Chairperson's address, the Secretary's report, which shall include a report on the work and activities of the Veterans' League, Women's League and Youth League in the province, and the Treasurer's report;
17.3.3 Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and the additional 30 (thirty) members of the Provincial Executive Committee, who will hold office for four (4) years. The Provincial Secretary shall be a full-time functionary of the organisation;
17.3.4 Carry out and develop the policies and programmes of the ANC in the Province;
17.3.5 Have the right and power to review, ratify, confirm, alter or rescind any decision taken by any of the constituent structures or officials of the ANC in the Province; and
17.3.6 Have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission or committee.

17.4 A member elected to the PEC shall resign from any position held in a lower structure in the ANC.

Rule 18 THE PROVINCIAL GENERAL COUNCIL

18.1 A Provincial General Council (PGC) shall be convened between Provincial Conferences.

Composition

18.3 The PGC consists of all members of the PEC and delegates representing branches in proportion to their membership, with a minimum of 1 (one) delegate per branch. The ANC Veterans' League, ANC Women's League and the ANC Youth League shall be represented by their respective PECs. The RECs will be appropriately represented as determined by the PEC.

Powers and duties

18.4 The PGC 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 and the NEC.

Filling of vacancies

18.5 The PGC may fill any vacancy on the PEC, provided that the filling of vacancies does not exceed 50% (fifty per cent) of the membership of the PEC.

Rule 19 PROVINCIAL EXECUTIVE COMMITTEE

Authority

19.1 The PEC is the highest organ of the ANC in a province between Provincial Conferences and has the authority to lead the organisation in the province, subject to the provisions of this Constitution.

Composition

19.2 The PEC shall consist of elected, co-opted and ex-officio members.
19.3 The elected members shall consist of the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and not more than 30 (thirty) other persons elected by the Provincial Conference. A person must have been a member in good standing of the ANC for 7 (seven) 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 Chairperson and/or the Secretary, as determined by the PEC, with ex-officio status, provided that the number of regional representatives on the PEC does not exceed the number of elected members of the PEC.
19.5 The ANC Veterans' League, the ANC Women's League and the ANC Youth League in the Province shall be represented by the Chairperson and Secretary of the respective Leagues in the PEC with ex-officio status.
19.6 The PEC may co-opt not more than 3 (three) persons, in order to provide for a balanced representation that reflects the true character of the South African people.
19.7 In accordance with Rule 6 above, not less than 50% (fifty per cent) of the directly elected and co-opted members of the PEC must be women.

Invited members

19.8 The PEC may invite any ANC member in good standing to attend its meetings. The number of invitees shall be limited by the PEC. An invitee may be given a specific assignment by the PEC, but may not speak on behalf of the PEC. An invitee may speak and participate at such meeting, but shall not vote

Powers and duties

19.9 The PEC shall:

19.9.1 Meet as soon as possible after its election to elect the Provincial Working Committee and thereafter meet at least once a month;
19.9.2 Carry out the policies and programmes of the ANC in the Province and do all things necessary to further the interests, aims and objectives of the Organisation;
19.9.3 Carry out the decisions and instructions of the Provincial Conference, the PGC, the NEC and the NWC;
19.9.4 Provide broad political and organisational perspectives to the Provincial Working Committee. (For this purpose it shall receive reports, supervise the work of and delegate such functions to the PWC, as it considers necessary);
19.9.5 Manage and control the funds and assets of the ANC in the Province;
19.9.6 Submit reports to the NEC, the Provincial Conference and the Provincial General Council, as often as is required, on the state of the organisation, the financial position of the Province, and such other matters as may be specified;
19.9.7 Issue and send directives and instructions to and receive reports from the Regions, Branches and other substructures in the Province;
19.9.8 Supervise and direct the work of the ANC and all its organs in the Province, including the ANC provincial and local government caucuses;
19.9.9 Oversee the work of the ANC Veterans' League, the ANC Women's League and the ANC Youth League in the Province;
19.9.10 Ensure that the Provincial, Regional, Branch and other structures of the ANC in the Province function democratically and effectively. (To this end, it shall organise, establish and service Branches in the Province and supervise the work of the Regions in the Province; suspend, dissolve and relaunch Branch Executive Committees and Regional Executive Committees where necessary, subject to any directives from the Provincial Conference, provided that where a BEC or a REC has been suspended or dissolved there shall be a right of appeal to the NEC. A suspension of a REC shall not exceed a period of two months. Elections for a REC, which has been dissolved, shall be called within six months from the date of dissolution. A suspension of a BEC shall not exceed a period of one month. Elections for a BEC, which has been dissolved, shall be called within three months from the date of dissolution. The Provincial Executive Committee may appoint an interim structure during the period of suspension or the dissolution of the REC or BEC to fulfil the functions of such REC or BEC);
19.9.11 Establish, wherever possible, Provincial Departments in line with National Departments and establish committees, as it considers appropriate;
19.9.12 Issue documents and other provincial policy directives, as and when it deems fit;
19.9.13 Appoint the provincial and regional staff as required, subject to directions from the office of the Secretary General;
19.9.14 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 the drawing up of the Provincial List of candidates for national elections, provincial elections and for the selection of candidates for local government elections. (The Provincial Executive Committee shall report to the NEC and shall be bound by the recommendations of the National List Committee.)
19.9.15 Appoint at least 5 (five) but not more that 10 (ten) members from the PEC and/or from any structure within the Province, one of whom shall be designated as Chairperson, to constitute the Provincial Disciplinary Committee;
19.9.16 Appoint 4 (four) members as Presenters, one of whom shall be designated as Chief Provincial Presenter, to represent and present the case of the ANC in any PDC hearing and in appeal and review proceedings before the NDC; and
19.9.17 Take all steps necessary or warranted for the due fulfilment of the aims and objectives of the ANC in the Province and the due performance of its duties.

19.10 The quorum for any meeting of the PEC shall be 50% (fifty percent) + 1 (one) of its total membership.
19.11 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 equivalent or counterpart for the position of National Chairperson.

Rule 20 PROVINCIAL WORKING COMMITTEE

Composition

20.1 The Provincial Working Committee (PWC) shall consist of the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer of the Province and the Chairperson or Secretary of the ANC Veterans' League, the ANC Women's League and the ANC Youth League in that Province and not less than one quarter of its directly elected members. The PEC shall elect the additional members of the PWC from amongst the directly elected additional members of the PEC.
20.2 In accordance with Rule 6 above, not less than 50% (fifty per cent) of the members of the PWC shall be women.

Powers and duties

20.3 The PWC shall:

20.3.1 Carry out decisions and instructions of the Provincial Conference, the NEC and the PEC;
20.3.2 Conduct the current work of the ANC in the province and ensure that regions, branches and all other ANC structures, such as parliamentary caucuses, carry out the decisions of the ANC; and
20.3.3 Submit a report to each PEC meeting.

Meetings

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

Invitees

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 may be given a specific assignment by the PWC, but may not speak on behalf of the PWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but shall not vote.

Regional Conference

21.3 Each Region shall hold a Regional Conference once every 3 (three) years.
21.4 The Regional Conference shall be composed of:

(i) Voting delegates as follows:
21.4.1 At least 90% (ninety per cent) of the delegates at the Conference shall be from Branches in the Region, elected at properly constituted Branch General Meetings. The number of delegates per Branch shall be in proportion to their paid up membership, provided that each Branch in good standing shall be entitled to at least 1 (one) delegate.
21.4.2 All members of the Regional Executive Committee shall attend ex-officio as full participants in and as delegates to the Conference.
21.4.3 The remainder of the voting delegates at Conference shall be from among membersof the BECs, the ANC Veterans" League, the ANC Youth League and the ANC Women's League, as allocated by the REC.

(ii) Non voting delegates
21.4.4 The REC may invite individuals, who have made a special contribution to the struggle or who have special skills or experience, to attend the Conference. In addition, the REC shall permit representation as non-voting delegates to structures, which do not have the minimum requirement to form a Branch.

21.5 The Regional Conference shall:

21.5.1 Promote and implement the decisions and policies of the PGC, the PEC and the PWC; 21.5.2 Receive and consider reports by the Regional Executive Committee, which shall include the Chairperson's address, the Secretary's report, which shall include a report on the work and activities of the ANC Veterans' League, the ANC Women's League and the ANC Youth League in the Province, and the Treasurer's report;
21.5.3 Elect the Regional Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and 20 (twenty) additional members who shall hold office for 3 (three) years. In addition the Chair and Secretary of the ANC Veterans' League, the ANC Women's League and the ANC Youth League in that Region shall be ex-officio members of the Regional Executive Committee. A person must have been a member of the ANC for at least 5 (five) years before he or she can be nominated to a Regional Executive Committee of the ANC. The Regional Secretary shall be a full-time functionary of the ANC.

21.6 Each Branch in good standing within a Region shall be entitled to send delegates to the Regional Conference in proportion to its members.
21.7 A member elected to the REC shall resign from any position held in a lower structure in the ANC.
21.8 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 may be convened by the Regional Executive Committee or the PEC or at the request of at least one third of the delegates.

Powers of REC

21.9 The REC shall be accountable to the PEC for its functioning.
21.10 The powers of the REC are those as may be delegated to it by the PEC. In addition, the REC may, subject to the directions and instructions of the PEC, exercise the following powers:

21.10.1 Meet as soon as possible after its election to elect the Regional Working Committee and thereafter meet as and when necessary but at least once a month;
21.10.2 Carry out the policy and programme of the ANC in the Region and do all things necessary to further the interests, aims and objectives of the Organisation;
21.10.3 Carry out the decisions and instructions of the Provincial Conference, the Provincial General Council, the PEC, the Regional Conference and the Regional Council;
21.10.4 Provide broad political and organisational perspectives to the Regional Working Committee. It shall further receive reports, supervise the work of, and delegate such functions to the RWC, as it considers it necessary;
21.10.5 Manage and control the funds and assets of the ANC in the Region;
21.10.6 Submit reports to the PEC, the Regional Conference and the 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;
21.10.7 Request and receive reports from the Branches and other substructures in the Region;
21.10.8 Supervise and direct the work of the ANC and all its organs in the Region, including the ANC local government caucuses; and
21.10.9 Recommend to the PEC the suspension or dissolution of a BEC, a Zonal Committee or a Sub-Regional Committee.

21.11 The REC may co-opt no more than 2 (two) persons, in order to provide for a balanced representation that reflects the true character of the South African people.
21.12 In accordance with Rule 6 above, not less than 50% (fifty per cent)of the directly elected and co-opted members of the REC must be women.

Invitees

21.13 The REC may invite any ANC member in good standing to attend its meetings. The number of invitees
shall be limited by the REC. An invitee may be given a specific assignment by the REC, but may not speak on behalf of the REC. An invitee may speak or participate at such meeting, but may not vote.

21.14 The Regional Working Committee

21.14.1 The Regional Working Committee (RWC) shall consist of the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer of the Region and not less than one quarter of its directly elected members plus officials, including the Chairperson or Secretary of the ANC Veterans" League, the ANC Women's League and the ANC Youth League in that Region. The REC shall elect the RWC from among the directly elected additional members of the REC.
21.14.2 The RWC shall:

21.14.2.1 Carry out decisions and instructions of the NEC, PEC, REC, the Regional Conference and the Regional General Council;
21.14.2.2 Conduct the current work of the ANC in the Region and ensure that Branches and all other ANC structures, such as municipal council caucuses, carry out the decisions of the ANC; and
21.14.2.3 Submit a report to each REC meeting.

Meetings and representation

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

Invitees

21.17 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 may be given a specific assignment by the RWC, but may not speak on behalf of the RWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but may not vote.

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 structure of the organisation.
23.2 The branch shall:

23.2.1 Be registered with the PEC and have a minimum of 100 (one hundred) members, provided that the PEC may confer special recognition, where due to exceptional circumstances, the Branch has fewer than 100 (one hundred) members;
23.2.2 Meet as provided for in the rules and regulations, at least once per month in a general meeting;
23.2.3 Be the place where members exercise their basic democratic rights to discuss and formulate policy;
23.2.4 Be the basic unit of activity for members.
23.2.5 Elect at a biennial general meeting a Branch Executive Committee consisting of a Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer, and 10 (ten) additional members. A person must have been a member of the ANC for 2 (two) years before she or he can be nominated to a Branch Executive Committee of the ANC, provided that where a new Branch is being established, the PEC may waive this provision. The ANC Veterans'' League, the ANC Women's League and ANC Youth League shall be represented on the BEC, by the chairperson and secretary of the ANC Veterans' League Branch, the ANC Women's League Branch and the ANC Youth League Branch within that Branch, with ex-officio status.

23.3 Branches covering an extensive geographical area, or in respect of which some special circumstance exists, may divide into smaller manageable units. Such units shall only be used as a co-coordinating and administrative tool by the Branch and shall not possess any decision-making powers. These units shall operate on the basis of acceptable democratic principles and practices.
23.4 In accordance with Rule 6 above, not less than 50% (fifty per cent) of the directly elected and co-opted members of the BEC shall be women.
23.5 The Branch shall meet at least once per month in a general meeting.
23.6 The Branch Executive Committee (BEC) shall:

23.6.1 Meet as soon as possible after its election and allocate tasks and functions among its members to enable it to carry out the day-to-day activities of the Branch;
23.6.2 Carry out the publicity and organisational work in its area in furtherance of the policies, programmes and decisions of the ANC;
23.6.3 Meet at least once per fortnight;
23.6.4 Submit reports on its work to the Branch meeting and at least each month to the Regional Executive Committee; 23.6.5 Co-opt not more than 3 (three) persons, if it considers it necessary to ensure greater representivity.

23.7 The quorum for each meeting of the Branch Executive Committee shall be 50% (fifty percent) plus 1 (one) of the total BEC membership.
23.8 The quorum for the Annual Branch Meeting and any other Branch meetings where the Branch makes nominations of candidates for elections within the ANC or for public representatives or takes decisions relating to policy matters, shall be 50% (fifty per cent) plus 1 (one) of the total paid-up members of the Branch.

Rule 24 ZONAL STRUCTURES AND SUB-REGIONS

24.1 The PEC, under the guidance of the NEC, must establish Sub-Regions within a Region. Sub-Regions shall be demarcated to correspond strictly with B-type or metro sub-council municipal boundaries, depending on their location, with similar arrangements and powers that apply to Zones.
24.2 Any 3 (three) or more Branches within a Region for the purpose of coordinating activities and better organisational efficiency, shall 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 2 (two) Branches within an area of a proposed Zone.
24.3 Whenever a Sub-Region or Zone has been established, the Branch Executive of constituent Branches, within that sub-region or zone, will at a properly convened meeting elect 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 members elected from constituent Branches in a meeting convened every two (2) years for that purpose.
24.4 In accordance with Rule 6 above, not less than 50% (fifty per cent) of the members of the Sub- Regional Committee and the Zonal committee must be women.
24.5 Where Sub-Regional or Zonal structures of the Veterans' League, Women's League and Youth League exist, they will be represented by 1 (one) member each, subject to the same provisions relating to the requirement for ANC membership.
24.6 The tasks of the Sub-Regional or Zonal Committee shall include the following:

24.6.1 To meet at least once a month;
24.6.2 To co-ordinate the work and activities of the constituent Branches and submit reports to the REC;
24.6.3 To see to the implementation of the instructions of the NEC, the PEC, the PWC or the REC in the Sub-Region or Zone;
24.6.4 To participate in the work of the Regional Council; and
24.6.5 To maintain effective links with all Branches in the Sub-Region or Zone.

Rule 25 MANAGEMENT OF ORGANISATIONAL DISCIPLINE

Duties of members, officer bearers and public representatives

25.1 The Secretary General and Provincial Secretaries shall communicate all Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of the Constitution to the structures of the ANC.
25.2 All members, office bearers and public representatives have a duty to familiarise themselves with the contents of this Constitution, Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of the Constitution.
25.3 Any member, office bearer or public representative who fails, refuses and/or neglects to abide by the provisions of the Constitution of the ANC, its Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of the Constitution shall be liable to be disciplined in terms of this Constitution.

Jurisdiction

25.4 The ANC shall have jurisdiction to discipline any member, office bearer or public representative for committing any act of misconduct as contained in Rule 25.17 below as a member of the ANC and/or by virtue of his or her contract of deployment and/or by virtue of his or her membership of any of the structures of the ANC.

Presumption of knowledge

25.5 Notwithstanding a principle of this Constitution that a member is presumed innocent until proven guilty, the charged member, in disciplinary proceedings, shall be presumed to have knowledge of the documents and information referred to in Rule
25.2 above and shall bear the onus of rebutting this pre-sumption.
Disciplinary proceedings not to stifle debate or solve private problems
25.6 Disciplinary proceedings against a member shall not:

25.6.1 Be used as a means of stifling debate or denying members their basic democratic rights; or
25.6.2 Be instituted 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, unless such conduct itself constitutes a violation or an offence affecting the Organisation.

25.7 The Presenter at any disciplinary proceedings shall do all in his or her power to ensure that disciplinary proceedings are not instituted for any of the purposes set out in Rule 25.6 above.
25.8 If the Presenter has information that disciplinary proceedings have been instituted for any ulterior motive, the Presenter shall disclose such information to the Chairperson of the relevant Disciplinary Committee who, in turn, shall have the discretion to investigate such information and, if necessary, refer the matter for further investigation to the relevant party which instituted the disciplinary proceedings, prior to the commencement of the disciplinary proceedings or to put an immediate stop to such disciplinary proceedings.

Institution of disciplinary proceedings

25.9 The NEC, the NWC, the PEC, the PWC, the REC, the RWC, the BEC or office bearers of any of these structures or the relevant body exercising its right to invoke disciplinary proceedings under this Constitution, may initiate and/or institute disciplinary proceedings against any member, office bearer or public representative of the Organisation in respect of any act of misconduct referred to in Rule 25.17 below.
25.10 If a REC, RWC or BEC or office bearers of these structures, as the case may be, is satisfied that the institution of disciplinary proceedings is warranted against a member or office bearer of an REC or BEC within its Region or Branch in respect of any misconduct referred to in Rule 25.17 below, he or she shall first obtain the written approval of the Provincial Secretary before commencing with the institution of such disciplinary proceedings.

One stage inquiry and onus

25.11 Disciplinary proceedings in the ANC shall be a one-stage inquiry and shall be conducted in terms of the procedure set out in Appendix 3. All the evidence regarding the merits of the case and all evidence relating to an appropriate sanction shall be led by the parties before the Disciplinary Committee retires to adjudicate and make its finding.
25.13 A charged member shall have the right to lead evidence, call relevant witnesses, submit documentary evidence, interrogate all evidence submitted by the ANC and cross-examine witnesses called by the Presenter in making or supporting his or her defence and in mitigation of a sanction.
25.14 After all the evidence has been led, the members of the Disciplinary Committee concerned shall deliberate in private and make a finding.
25.15 A Disciplinary Committee which has conducted a disciplinary hearing in terms of this Constitution may make a finding of guilt and impose an appropriate sanction only if it is satisfied that the evidence presented is of such a cogent nature as to prove the guilt of such member, office bearer or public representative on a balance of probabilities.
25.16 Where the Disciplinary Committee concerned makes a finding of guilt, it shall take into consideration all information and evidence placed before it in aggravation and mitigation of sanction, before imposing an appropriate sanction.

Acts of misconduct

25.17 The following conduct by a member, officer bearer or public representative shall constitute misconduct in respect of which disciplinary proceedings may be invoked and instituted against him or her:

25.17.1 Conviction in a court of law and being sentenced to a term of imprisonment without the option of a fine, for any serious non-political offence;
25.17.2 Conviction in a court of law for any serious non-political offence;
25.17.3 Failing, refusing or neglecting to execute or comply with any ANC Policy, Standing Order, Rule, Regulation or Resolution adopted or made in terms of this Constitution or breaching the provisions of this Constitution;
25.17.4 Behaving in a manner or making any utterance which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute;
25.17.5 Sowing racism, sexism, tribal chauvinism, religious and political intolerance, regionalism or any other form of discrimination;
25.17.6 Behaving in a manner which provokes or is likely to provoke or has the potential to provoke division or impact negatively on the unity of the ANC;
25.17.7 Engaging in sexual or physical abuse of women or children or abuse of office to obtain sexual or any other undue advantage from members or others;
25.17.8 Abuse of elected or employed office in the Organisation or in the State to obtain any direct or indirect undue advantage or enrichment;
25.17.9 Participating in any organised factional activity that goes beyond the recognised norms of free debate inside the ANC and which threatens its unity;
25.17.10 Publishing and/or distributing any media publication without authorisation which purports to be the view of any organised grouping, faction or tendency within the ANC;
25.17.11 Undermining the respect for or impeding the functioning of any structure or committee of the ANC;
25.17.12 Joining or supporting 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;
25.17.13 Standing in an election for local, provincial or national government or acting as the election agent or canvasser of a person standing in such election for any political party and in opposition to a candidate duly endorsed by the NEC or PEC;
25.17.14 Misappropriating funds of the ANC or destroying its property;
25.17.15 Fighting, assaulting another member or behaving in a disorderly or unruly manner at ANC meetings, assemblies or gatherings and/or disrupting meetings and interfering with the orderly functioning of the ANC;
25.17.16 Prejudicing the integrity or repute of the Organisation, its personnel or its operational capacity by:

25.17.16.1 impeding the activities of the Organisation;
25.17.16.2 creating divisions within its ranks or membership;
25.17.16.3 doing any other act which undermines the ANC's effectiveness as an organisation; or
25.17.16.4 acting on behalf of or in collaboration with:

1. counter-revolutionary forces;
2. 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;
3. intelligence or the security services of other countries; or4. any person or group who seriously interferes with the work of the Organisation or prevents it from fulfilling its mission and objectives.

25.17.17 Being convicted in a court of law for the offence of fraud, theft of money, corruption, money-laundering, racketeering or any other act of financial improprietary;
25.17.18 Soliciting or accepting any bribe for performing or not performing any task pertaining to or in connection with the ANC;
25.17.19 In the case of a public representative, breaching his or her contract of deployment concluded with the NEC;
25.17.20 In the case of a member of an ANC Caucus, failing, refusing or neglecting to carry out or execute an instruction or mandate of such caucus; and
25.17.21 In the case of a representative in disciplinary proceedings, charging or soliciting a fee for services rendered or levying a disbursement for associated costs when representing a charged member, appellant or review applicant, as the case may be.

25.18 Notwithstanding the discretion afforded to a Disciplinary Committee in terms Rules 25.21 and 25.22 below, any member, office bearer or public representative found guilty by a Disciplinary Committee of any act of misconduct referred to in Rule 25.17. 12, 25.17.13 or 25.17.17 above shall be ineligible to be or remain as a member of the ANC and shall be expelled from the Organisation.

National Disciplinary Committee

25.19 The quorum for any sitting of the NDC shall be 3 (three) of the members appointed in terms of 12.2.17 above, one of whom shall chair the relevant disciplinary proceedings in the absence of the designated Chairperson of the NDC.
25.20 The NDC shall have jurisdiction to:

25.20.1 Hear and adjudicate upon any violation or act of misconduct contemplated in Rule 25.17 above and referred to it by the relevant body.
25.20.2 Act as an appeal committee in respect of cases adjudicated upon by a PDC; and 25.20.3 Act as a review committee in respect of cases adjudicated upon by a PDC, RDC or BDC which may be referred to it.

25.21 Where the NDC acts as a disciplinary tribunal of first instance, it shall have the competence to impose the following sanctions:

25.21.1 a fine;
25.21.2 a reprimand;
25.21.3 payment of compensation;
25.21.4 performance of useful tasks;
25.21.5 remedial action;
25.21.6 suspension of membership;
25.21.7 expulsion from the ANC;
25.21.8 in the case of an office bearer, removal or suspension from office;
25.21.9 In the case of a public representative, cancellation or suspension of his or her contract of deployment and/or removal from any list or instrument which entitles such person to represent the ANC at any level of government; and
25.21.10 A combination of sanctions set out in 25.21.1 to 25.21.6 above.

25.22 The NDC may suspend the opera