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ANC Constitution - as adopted in December 1994

As amended by and adopted at the ANC National Conference, December
1994

PREAMBLE

Whereas the African National Congress was founded in 1912 to defend
and advance the rights of the African people after the violent destruction
of their independence and the creation of the 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 majority party in the Government of National Unity, with responsibility
for leading a 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 forty-ninth 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.

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.

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 national liberation, womens
emancipation, development, world peace, disarmament and respect of the
environment.

2.8. To support and promote the struggle for the rights of children.

Rule 3 THE CHARACTER OF THE ANC

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

3.2. The ANC is a democratic organisation whose policies are determined
by the membership and whose leadership shall be accountable to the membership
in terms of the procedures laid down in the Constitution.

3.3. The ANC shall, in its composition and functioning, be non-racial,
anti-racist and anti-sexist and against any form of tribalistic exclusivism
or ethnic chauvinism.

3.4. While striving for the maximum unity of purpose and functioning,
the ANC shall respect the linguistic, cultural and religious diversity
of its members.

3.5. 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.

3.6. The principles of freedom of speech and free circulation of ideas
and information shall operate within the ANC.

3.7. 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.

3.8. 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 committee
where such exists, and by the provincial executive committee, if no branch
committee exists. The branch committee, the provincial 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.

4.7. On being accepted in the ANC, a new member shall, in a language
he or she knows well, make the following solemn declaration to the body
or person who received the application:

I, ..........,solemnly declare that I will abide by the aims and
objectives of the ANC as set out in the Constitution and the Freedom Charter,
that I am joining the organisation voluntarily and without motives of personal
gain or material advantage, and that I will participate in the life of
the organisation as a loyal, active and disciplined member.

4.8. Members shall pay an annual subscription fee as determined by the
National Executive Committee.

4.9. Non-earning members or those on reduced incomes will pay such fees
as are determined by the NEC.

Rule 5 RIGHTS AND DUTIES OF THE MEMBERS

5.1 Rights:

A member of the ANC shall have the right to:

  1. Take a full and active part in the discussion, formulation and implementation
    of the policy of the ANC.
  2. Receive and impart information on all aspects of ANC policy and activities.
  3. Offer constructive criticism of any member, official, policy programme
    or activity of the ANC within its structures.
  4. Take part in elections and be elected or appointed to any committee,
    structure, commission or delegation of the ANC.
  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:

A member of the ANC shall:

  1. Belong to and take an active part in the life of his or her branch.
  2. Take all necessary steps to understand and carry out the aims, policy
    and programme of the ANC.
  3. Explain the aims, policy and programme of the ANC to the people.
  4. Deepen his or her understanding of the social, cultural, political
    and economic problems of the country.
  5. Combat propaganda detrimental to the interests of the ANC and defend
    the policy, aims and programme of the ANC.
  6. Fight against racism, tribal chauvinism, sexism, religious and political
    intolerance or any other form of discrimination or chauvinism.
  7. Observe discipline, behave honestly and carry out loyally decisions
    of the majority and decisions of higher bodies.
  8. Inform his or her branch of movement to any other area and report to
    the branch committee secretary on arriving at any new area.
  9. Refrain from publishing and/or distributing any media without authorisation
    which purports to be the view of any organised grouping, faction or tendency
    within the ANC.

Rule 6 ORGANISATIONAL STRUCTURE

6.1. The ANC shall consist of the following organs:

  1. The National Conference which elects the NEC.
  2. The Provincial Conference which elects the provincial executive committees.
  3. The Regional General Council which elects the regional executive committee.
  4. The branch meeting which elect the branch committee

6.2 Branches may be grouped together in zones and may be subdivided
into small units such as street committees, and zones may be grouped into
sub-regions.

6.3. The ANC Womens 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 peoples struggle and in national
life. The Womens 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 National Headquarters of the ANC shall be in Johannesburg.

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 Transvaal, Eastern Transvaal, 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:

  1. At least 90% of the voting delegates at Conference shall be from branches
    which shall be represented by elected delegates. The number of delegates
    shall be in proportion to the paid up membership.
  2. The number of delegates to be elected to National Conference by each
    province shall be fixed by the NEC in proportion to the paid up membership
    of each province.
  3. The remaining 10% of voting delegates at the Conference shall come
    from the PECs, ANC Womens League, ANC Youth League, and departments of
    the ANC.
  4. All members of the NEC shall attend ex-officio as full participants
    in the conference.

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.

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 Generals Report which shall include
a report on the work and activities of the Womens League and Youth League
and the Treasurer Generals 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 General, 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

11.1 Powers

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:

  1. Carry out the decisions and instruction of the National Conference.
  2. Issue and send directives and instructions to and receive reports from
    the provinces.
  3. Supervise and direct the work of the ANC and all its organs generally.
  4. Ensure that the regional and branch structures of the ANC function
    democratically and effectively.
  5. Oversee the work of the Womens League and the Youth League.
  6. Establish departments and set up committees as it considers appropriate.
  7. Manage and control all the national and international property and
    assets of the ANC.
  8. Receive reports, supervise the work of, and delegate such functions
    to the NWC as it considers necessary.
  9. Issue documents and other policy directives as and when it deems fit.
  10. Confer such honours as it may deem appropriate.

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 three years and shall be constituted as follows:

  1. The President General, Deputy President, National Chairperson, the
    Secretary General, Deputy Secretary General and the Treasurer General who
    shall be elected separately by the National Conference.
  2. Sixty (60) members of the NEC who shall be elected by secret ballot
    by the National Conference.
  3. The Chairperson and the Secretary of each elected ANC Provincial Executive
    Committee who shall be ex officio members of the NEC.
  4. The National President and Secretary of the ANC Womens League who shall
    be ex officio members of the NEC.
  5. The National President and Secretary of the ANC Youth League who shall
    be ex officio members of the NEC.
  6. The NEC shall have the power to co-opt not more than five (5) additional
    members 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, provided that such co-option enjoys the support of the Provincial
    Executive Committee of the Province from which the proposed person comes.
  7. Should a vacancy occur on the NEC for any reason, the NEC shall have
    the power to fill the vacancy by appointing a replacement.

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:

  1. -
    1. Nominations for the posts of:

    President General

    Deputy President

    National Chairperson

    Secretary General

    Deputy Secretary General

    Treasurer General

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

  • A delegate to the Conference shall, however, have the right to nominate
    any person whose name has not been proposed in terms of sub-section (i)
    above. In such event the presiding officer shall call for seconders to
    the nomination. If such nomination is seconded by a minimum of 10 percent
    (10%) of Conference delegates, then such nomination shall be regarded as
    having been duly seconded, in which event the name of such nominees shall
    be placed on the ballot paper. If the nomination fails to secure a minimum
    of 10% of conference delegates, such nomination shall fall away.
  • Nominations of candidates for the National Executive Committee other
    than the above positions shall be carried out by the following procedure:
    1. Subject to sub-section (ii) below, only those candidates who have been
      proposed by a region shall appear on the National Conference ballot paper.
    2. A delegate to the conference shall, however, have the right to nominate
      any person whose name has not been proposed in terms of sub-section (i)
      above. In such event the presiding officer shall call for seconders to
      the nomination. If such nomination is seconded by a show of hands by a
      minimum of ten percent (10%) of Conference delegates, then such nomination
      shall be regarded as having been duly seconded, in which event the name
      of such nominee shall be placed on the ballot paper. If the nomination
      fails to secure a minimum of 10% of delegates, such nomination shall fall
      away.
    3. Not more than two persons per province may be 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 officer, 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 other provisions of this Constitution, members of
    the NEC shall not necessarily 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 General, 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 Womens League and the ANC Youth League shall appoint one
    representative each to serve on the NWC.

    12.6 The National Working Committee shall:

    1. Carry out decisions and instructions of the National Conference and
      the NEC.
    2. Conduct the current work of the ANC and ensure that provinces and branches
      carry out the decisions of the ANC.
    3. Submit a report to each NEC meeting.

    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:

    1. To prepare the ballot papers as directed by the Constitution.
    2. To make provision for ballot boxes or other means of secret voting.
    3. To create machinery for the counting of ballot papers and the effective
      supervision of the counting of votes.
    4. To announce the results of all ballots and make known the number of
      votes received by each successful candidate.
    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.

    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 quotas.

    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 National Chairperson shall:

    1. Preside over the National Conference.
    2. Remain the custodian of the decisions taken by the National Conference
      and ensure that all organs of the ANC implement these decisions and operate
      within the parameters of policy set out by Conference.
    3. Carry out such additional tasks as the Conference or NEC may instruct.
    4. Be an ex officio member of the NWC.

    16.2. In the absence or incapacity of the National Chairperson, the
    President shall assume his or her functions.

    16.3. The President General

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

    1. Present to the National Conference a comprehensive statement of the
      state of the nation and the political situation generally.
    2. Make pronouncements for and on behalf of the NEC outlining and explaining
      the policy or attitude of the ANC on any question.
    3. Preside over meetings of the NEC in conformity with the Constitution,
      by-laws and rules of procedure adopted by the NEC.
    4. Be an ex officio member of the NWC.
    5. Under the overall supervision of the NEC, orient and direct the activities
      of the ANC.

    16.4 Deputy President General

    The Deputy President General shall assist the President General, deputise
    for him or her when necessary and carry out whatever functions are entrusted
    to him or her by the National Conference, the President General or the
    NEC.

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

    16.6. The Secretary General.

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

    1. Keep the minutes of the National Conference, the NEC, the NWC as well
      as other records of the ANC.
    2. Conduct the correspondence of the NEC and the NWC and send out notices
      of all conferences and meetings at the national level.
    3. Convey the decisions and instructions of the National Conference, 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.
    4. 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.
    5. In the absence of the President General or the Deputy President General,
      the Secretary General shall assume the functions of the President.
    6. All departments, save those falling directly under the President, shall
      report on their activities to the Secretary General.
    7. Be an ex officio member of the NWC.

    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:

    1. Receive and bank all monies on behalf of the NEC and shall, together
      with any two members of the NEC, operate a banking account.
    2. Keep such books of account as may be necessary to record clearly the
      financial position of the ANC.
    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.
    4. Be responsible, with the National Finance Committee, for working out
      and executing plans for fund raising.
    5. Be an ex officio member of the NWC.

    16.9. The National Chaplain

    The National Chaplain shall be appointed by the NEC on an interfaith
    ecumenical basis to provide such spiritual leadership as believers in the
    ANC might wish to have, including the conduct of prayers at the National
    Conference.

    Rule 17 PROVINCIAL STRUCTURES

    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:

    1. Be held at least once every two years and more often if requested by
      at least one third of all branches in the Province.
    2. Be a delegates conference attended by delegate chosen on a democratic
      basis by all branches in the region with representation in proportion to
      membership, with attention being paid to ensuring representation of areas
      where membership is reduced.
    3. Be attended by members of the Provincial Executive Committee who shall
      have full voting and speaking rights as ex officio participants.
    4. Be attended by representatives of the Womens League and Youth League
      with voting rights.
    5. Carry out the decisions of the National Conference, the NEC and the
      NWC.
    6. Receive and consider reports by the Provincial Executive Committee.
    7. Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy
      Secretary, Treasurer and other members of the Provincial Executive Committee
      who will hold office for 2 years.
    8. Carry out and develop the policy and programme of the ANC in the Province.

    Rule 18 THE PROVINCIAL GENERAL COUNCIL

    18.1. The Provincial General Council shall be the highest decision-making
    body in the region between Provincial Conferences.

    18.2 The Provincial General Council consists of all members of the PEC
    and delegates representing branches in proportion to membership with a
    minimum of one delegate per branch.

    18.3 It shall meet at least twice a year.

    18.4 It shall on good cause shown be convened by the PEC upon the request
    of one third of the branches in the Province.

    18.5. Reports following meetings of the Provincial General Council shall
    be submitted to the PEC and the branches.

    18.6 The Provincial General Council shall have the power to deal with
    any issue it deems necessary including the filling of vacancies on the
    PEC provided they do not exceed 50% of the Executive, subject always to
    policies and directives of National Conference.

    Rule 19 PROVINCIAL EXECUTIVE COMMITTEE

    19.1. The Provincial Executive Committee shall be the body responsible
    for carrying out the decisions of the Provincial Conference and Provincial
    General Council.

    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.

    19.3. The Womens League and the Youth League in the Province shall be
    represented by two representatives with full voting rights.

    19.4. The PEC shall:

    1. Meet as soon as possible after its election to elect the Provincial
      Working Committee and thereafter at least once a month.
    2. Carry out the decisions of the Provincial Conference and the NEC.
    3. Manage and control the funds and assets of the ANC in the Province
    4. Submit reports to the NEC Provincial Conference and 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.
    5. Appoint the regional organiser and staff as required.
    6. Organise, establish and service branches in the Province and supervise
      the work of the regions in the Province.
    7. Carry out the policy and programme of the ANC and do all things necessary
      to further the interests, aims and objectives of the organisation.
    8. Have the right to co-opt up to 3 persons subject to confirmation by
      the Provincial General Council.

    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, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer
    of the 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 an annual general meeting which shall elect
    the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer
    and an executive committee of not more than nine members.

    22.4. Each branch within a region shall be entitled to send delegates
    to the annual 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 least 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.

    Rule 23 PROVINCIAL CHAPLAINS

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

    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:

    1. Be registered.
    2. Meet as provided for in the rules and regulations.
    3. Be the place where members exercise their basic democratic rights to
      discuss and formulate policy.
    4. Be the basic unit of activity for members.
    5. Elect at an annual branch meeting a Branch Executive Committee consisting
      of Chairperson, Deputy Vice-Chairperson, Secretary, Treasurer, and other
      committee members, consisting of not less than three and not more than
      seven persons.

    f) Meet at least once per month.

    24.2. The branch committee shall:

    1. Meet as soon as possible after its election and choose a branch sub-committee
      to carry on the day-to-day affairs of the branch.
    2. Carry out the publicity and organisational work in its area in furtherance
      of the policy, programme and decisions of the ANC.
    3. Meet at least once per fortnight.
    4. Submit reports on its work to the branch meeting and at least each
      month to the Regional Executive Committee.
    5. Co-opt not more than three persons, if it considers it necessary to
      ensure greater representativity.

    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 Womens 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

    1. To meet at least once a month.
    2. To co-ordinate the work and activities of the constituent branches and submit
      reports to the REC
    3. To see to the implementation of the instructions of the NEC, PEC or the
      PWC, REC in the Zone.
    4. To participate in the work of the Regional Council
    5. To maintain effective links with all branches in the Zone.

    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. Disciplinary proceedings shall be confined to violations of the
    basic principles and norms of the ANC, and not be used as a means of stifling
    debate or denying members their basic democratic rights.

    26.2. Proceedings shall normally be conducted at the level where the
    alleged violation took place, namely, branch, province or national, and
    shall be heard by the relevant structure.

    26.3. Any person faced with disciplinary proceedings shall receive due
    written notice of any hearing and of the basic allegations against him
    or her and be afforded a reasonable opportunity to make his or her defence.

    26.4. Any person adversely affected by the outcome of any hearing shall
    have the right to have the matter reviewed by the next higher body of the
    ANC.

    26.5. 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.

    26.6. Members shall be attended to expeditiously.

    26.7. In addition to misconduct which directly violates the norms of
    the ANC, any abuse of office, corruption, sexual harassment or misappropriation
    of funds shall give rise to proceedings.

    26.8. Proceedings may also be brought against members who behave in
    a disgraceful way that brings the organisation into disrepute or manifests
    a flagrant violation of the moral integrity expected of members.

    26.9. Disciplinary proceedings shall not be brought as a means of solving
    private problems or as a means of interfering in the private lives of members
    where the norms of the organisation are not directly affected.

    26.10. Members who fail to pay their subscriptions for six months and
    having been reminded of their lapse, having failed to bring same up to
    date, shall be regarded as members not in good standing until they bring
    their arrears up to date.

    26.11 Should a person be expelled from the ANC, such expulsion shall
    be made public, provided that if an affected member has appealed against
    his or her expulsion, it shall only be made public if the appeal has failed.

    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 months 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 than one months 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 Officers shall have the authority to bind the ANC
    or to create any legal relationship. Any other person purporting to bind
    the ANC must produce written authorisation from one of the National Officers
    which must indicate the extent of that persons 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.