< Back

ANC Constitution - as amended and adopted at the 51st National Conference

20 December 2002.

Contents

Preamble

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 The 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 Discipline

Rule 26 Rules and Regulations

Rule 27 General

Rule 28 Amendment

Rule 29 Special Conference

Rule 30 Contractual Liability

Rule 31 Borrowing powers

Rule 32 Transitional Arrangements

Rule 33 Dissolution

Schedule: ANC Logo and Colours

Appendix: Disciplinary Procedure

Glossary: Explanation of terms used


PREAMBLE

Whereas the African National Congress was founded in 1912 to defend and advance
the rights of the African people after the violent destruction of their independence
and the creation of the white supremacist Union of South Africa; and

Whereas in the course of fulfilling this historic aim, the ANC has emerged
to lead the struggle of all democratic and patriotic forces to destroy the apartheid
state and replace it with a united, non-racial, non-sexist and democratic South
Africa in which the people as a whole shall govern and all shall enjoy equal
rights; and

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

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

And whereas the historic April 1994 election has placed the ANC in the position
of responsibility for leading the process of reconstruction and development
aimed at eradicating the problems of poverty and inequality created by apartheid
and creating a just and equitable economic and social order;

Now therefore, the 51st 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 is the African National Congress, hereinafter
referred to as the ANC.

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

Rule 2 AIMS AND OBJECTIVES

The aims and objectives of the ANC are to:

2.1 Unite all the people of South Africa, Africans in particular, for the
complete liberation of the country from all forms of discrimination and national
oppression.

2.2 End apartheid in all its forms and transform South Africa as rapidly as
possible into a united, non-racial, non-sexist and democratic country based
on the principles of the Freedom Charter and in pursuit of the national democratic
revolution.

2.3 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 Fight for social justice and to eliminate the vast inequalities created
by apartheid and the system of national oppression.

2.5 Build a South African nation with a common patriotism and loyalty in which
the cultural, linguistic and religious diversity of the people is recognised.

2.6 Promote economic development for the benefit of all.

2.7 Support and advance the cause of women`s emancipation.

2.8 Support and advance the cause of national liberation, development, world
peace, disarmament and environmentally sustainable development.

2.9 Support and promote the struggle for the rights of children and the disabled.

Rule 3 THE CHARACTER OF THE ANC

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

3.2 Its policies are determined by the membership and its leadership is accountable
to the membership in terms of the procedures laid down in this Constitution.

3.3 The ANC also contests elections as a registered political party drawing
its electoral support from all sections of South African society.

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

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

3.6 The ANC will 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 will operate within the ANC.

3.8 Membership of all bodies of the ANC will be open to all men and women
in the organisation without regard to race, colour or creed.

3.9 The ANC co-operates closely with religious bodies in the country and provides,
on an interfaith basis, for the recognition of the spiritual needs of its
many members who are believers.

Rule 4 MEMBERSHIP

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

4.2 Spouses or children of South Africans who have manifested a clear identification
with the South African people and its struggle, may apply for membership.

4.3 All other persons who have manifested a clear identification with the
South African people and their struggle and are resident in South Africa may
apply for membership.

4.4 The National Executive Committee may, acting on its own or on the recommendation
of branch or provincial executive committees, grant honorary membership to
those men and women who do not qualify for membership under Rules 4.1, 4.2
or 4.3, but who have demonstrated an unwavering commitment to the ANC and
its policies.

4.5 Applications for membership shall be considered by the branch executive
committee where such exists, and by the regional executive committee, if no
branch executive committee exists. The branch executive committee, the regional
executive committee, or such interim structures as the Provincial Executive
Committee or the NEC may create from time to time to decide on applications,
may 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 will be issued to registered members of the ANC and to
persons whose application for membership has been accepted, subject to review
as aforesaid, and, in all cases, subject to payment of the prescribed subscription.
An applicant will be issued with an acknowledgement of provisional membership
and the details of the branch and constituency/area in which the applicant
resides and any available information about the local branch structures.

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

b) Provisional membership rights commence from the date of production of
acknowledgement following receipt of the application and the appropriate
membership subscription. A provisional member may attend branch meetings
only in a non-voting capacity.

4.8 Any objection to any application for membership may be made by the membership
to the branch, regional or provincial secretary within eight weeks of the
notification.

4.9 At any time before the individual is accepted as a full member of the
organisation, or in exceptional circumstances even after the member has been
admitted, the Secretary-General may rule that the application or the membership
may be rejected if it was invalidly obtained.

4.10 In the absence of any objection from the structures and/or any ruling
by the Secretary-General, the applicant shall, on the expiry of eight weeks
from the date of notification of provisional membership, become a full member.
The provisional member will then be transferred to the national membership
list as a full member as soon as is practicable.

4.11 The reasons for the rejection of an application for membership by the
Secretary-General or the objection by the membership to the application for
membership must be sent to the individual applicant in writing.

4.12 Membership cards will be issued to registered members of the ANC and
to persons whose application for membership have been accepted, subject to
review and subject to payment of the prescribed subscription in all cases.

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

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

4.15 On being accepted in the ANC, a new member shall, in a language he or
she knows well, make the following solemn declaration to the body or person
designated to administer such oaths:

I, ..............., solemnly declare that I will abide by the aims and
objectives of the African National Congress as set out in the Constitution,
the Freedom Charter and other duly adopted policy positions, that I am joining
the organisation voluntarily and without motives of material advantage or
personal gain, that I agree to respect the Constitution and the structures
and to work as a loyal member of the organisation, that I will place my
energies and skills at the disposal of the organisation and carry out tasks
given to me, that I will work towards making the ANC an even more effective
instrument of liberation in the hands of the people, and that I will defend
the unity and integrity of the organisation and its principles, and combat
any tendency towards disruption and factionalism.

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

Rule 5 RIGHTS AND DUTIES OF THE MEMBERS

5.1 Rights:

A member of the ANC is entitled to:

  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 will:

  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.
  10. All members shall ensure that they are registered as voters in the constituency
    where they live.
  11. 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 one-third
(1/3) in all its structures to enable such effective participation.

6.2 The method of such implementation will be addressed in all ANC structures
immediately and on a continuing basis.

Rule 7 ORGANISATIONAL STRUCTURE

7.1 The ANC consist of the following organs:

  1. The National Conference which elects the National Executive Committee.
  2. The Provincial Conference which elects the Provincial Executive Committee.
  3. The Regional Conference which elects the Regional Executive Committee.
  4. The Branch Annual General Meeting which elects the Branch Executive Committee.

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

7.3 The ANC Women`s League is open to women who are members of the ANC and
has the same basic structure, namely, national, provincial and branch. 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 Women`s League will function
as an autonomous body within the overall structure of the ANC, of which it
will be an integral part, with its own Constitution, rules and regulations,
provided that these shall not be in conflict with the Constitution and policies
of the ANC.

7.4 The ANC Youth League is open to all persons between the ages of 14 and
35. It will operate 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 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.

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

7.6 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 8 THE HEADQUARTERS

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

Rule 9 PROVINCES

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

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

9.2 The provincial headquarters will be 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 composed of:

10.1.1 Voting delegates:

  1. At least 90% of the voting 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 its 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 remainder of the 10% of voting delegates at the Conference shall
    be allocated by the NEC from among the Provincial Executive Committees,
    the ANC Youth League and the ANC Women`s League.
  4. All members of the National Executive Committee shall attend ex-officio
    as full participants in the conference.

10.1.2 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.

10.2 The NEC will appoint a conference preparatory 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.

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

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

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

National General Council

10.5 A National General Council may be convened by the NEC from time to time,
provided that the NEC shall convene a National General Council not later than
30 months after National Conference.

10.6 The NEC will, after consultation with Provinces, determine the composition
of the National General Council.

10.7 The National General Council will:

    1. Subject to paragraph (d) below, determine and review the policies and
      programmes of the ANC;
    2. Receive and discuss reports of the NEC;
    3. Have the right to ratify, alter or rescind any decision taken by any
      of the constituent bodies, units or officials of the ANC, including the
      evaluation of the performance of members of the NEC;
    4. Have the power to discuss any issue it deems necessary taking into account
      policies and directives of the National Conference.
    5. Subject to Rule 12.3(g) it may fill vacancies that have arisen in the
      NEC provided that such vacancies do not exceed 50% of the Executive.

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 Women`s League and 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 bodies, units or officials of the ANC.

11.4 Elect the President, the Deputy President, National Chairperson, the
Secretary General, Deputy Secretary General, the Treasurer General and the
remaining 60 members of the NEC.

11.5 Have the power to elect or appoint any commission or committee and assign
specific tasks and duties to such commission or committee.

Rule 12 NATIONAL EXECUTIVE COMMITTEE

Powers of the NEC

12.1 The National Executive Committee is the highest organ of the ANC between
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:

  1. Carry out the decisions and instructions 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, including
    national, provincial and local government caucuses.
  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
    three months. Elections for a PEC, which has been dissolved, shall be called
    within nine months from dissolution. The National Executive Committee may
    appoint an interim structure during the period of suspension or the dissolution
    of the PEC to fulfill the functions of the PEC.
  5. Oversee the work of the Women`s 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 honors, as it may deem appropriate.
  11. Appoint annually a National List Committee of not fewer than five and
    not more than nine persons for the selection and adoption of candidates
    for the national Parliament. The NEC shall draw up regulations for the procedures
    to be followed in such 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.

Elections and composition of the NEC

12.3 The National Executive Committee except where otherwise stipulated shall
be elected by secret ballot by the National Conference and shall hold office
for five years and shall be constituted as follows:

  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.
  2. Sixty (60) members of the NEC.
  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 Women`s 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 may 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.
  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.
  8. The quorum for meetings of the NEC shall be 50%+1 of its total membership.
  9. A person must be a paid-up member of the ANC for at least five years
    before she or he can be nominated to the National Executive Committee of
    the ANC.

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

  1. (i) Nominations for the posts of:
    1. President
    2. Deputy President
    3. National Chairperson
    4. Secretary General
    5. Deputy Secretary General
    6. Treasurer General,

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

ii. A delegate to the Conference shall, however, have the right to nominate
any person whose name has not been proposed in terms of sub-section (i)
above. In such event the presiding officer shall call for seconders to the
nomination. If such nomination is seconded by a minimum of 25 percent (25%)
of Conference delegates, then such nomination must be regarded as having
been duly seconded, in which event the name of such nominees shall be placed
on the ballot paper. If the nomination fails to secure the support of a
minimum of 25% of conference delegates, such nomination shall fall away.

  1. 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 Province 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 25 percent (25%) 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
      nomination fails to secure the support of a minimum of 25% of delegates,
      such nomination shall fall away.
    3. Not more than two persons per province may be successfully nominated
      in terms of b)(ii) above.

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

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

12.7 In accordance with Rule 6, not less than one-third of the directly elected
and co-opted members of the NEC must be women.

12.8 If any Provincial Chairperson or Secretary is elected to the NEC in his
or her own right or as a national official, such person shall vacate the Provincial
position, provided that the Province has the right to make representations
to the NEC, in a special case, where extraordinary circumstances may warrant
an exception to this rule. However, when such a provincial officer is allowed
to retain his or her NEC position, the Province shall not be entitled to an
additional member on the NEC.

12.9 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.]

12.10 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.

12.11 The NEC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform on
behalf of the NEC, but shall not vote on any issue.

Rule 13 NATIONAL WORKING COMMITTEE

13.1 As soon as possible after the conclusion of the National Conference,
the NEC shall meet and elect a National Working Committee.

13.2 The National Working Committee shall be constituted as follows: The President,
Deputy President, National Chairperson, Secretary General, Deputy Secretary
General and 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 National Working Committee may not necessarily be
full-time functionaries of the ANC. However, the NEC shall determine the extent
to which the elected members will be full-time functionaries who may be allocated
specific responsibilities.

13.5 The 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 one-third of the members of
the NWC must be women.

13.7 The NWC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform on
behalf of the NWC, but shall not vote on any issue.

13.8 The National Working Committee will:

    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, regions,
      branches and all other ANC structures, such as parliamentary caucuses
      carry out the decisions of the ANC.
    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 three
members whose task it will be:

    1. To prepare the ballot papers.
    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.

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

Rule 15 THE NATIONAL FINANCE COMMITTEE

15.1 The NEC will appoint the National Finance Committee.

15.2 The NEC shall determine the composition and powers of the National 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

16.1 The President

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

  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. Under the overall supervision of the NEC, orient and direct the activities
    of the ANC.
  5. Be an ex-officio member of the NWC.

16.2 Deputy President

The Deputy President will assist the President, deputise for him or her when
necessary and carry out whatever functions are entrusted to him or her by
the National Conference, the President or the NEC. He or she shall be an ex-officio
member of the NWC.

16.3 In the event of death or permanent incapacity of the President and the
Deputy President, the NEC shall as soon as possible appoint an Acting President
until such time as the National Conference meets. Until such appointment is
made, Rule 16.6(e) shall apply.

16.4 The National Chairperson will:

    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.

16.5 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 will:

  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 or the Deputy President, 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 will 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 will:

  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 Chaplaincy

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

Rule 17 PROVINCIAL CONFERENCE

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

17.2 The Provincial Conference will:

  1. Be held at least once every three years and more often if requested by
    at least one third of all branches in the Province.
  2. Be composed of:

    (i) voting delegates, as follows:

    aa. At least 90% of the voting 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 its paid up
    membership.

    bb. The remaining 10% of the voting delegates at Conference shall be
    from the Provincial Executive Committee and members of the ANC Youth
    League and the ANC Women`s League as allocated by the PEC.

    cc. all members of the Provincial Executive Committee who attend ex-officio
    as full participants.

    (ii) non-voting delegates, as follows: 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
    will:

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

17.3 The Provincial Conference will:

    1. Promote and implement the decisions and policies of the National Conference,
      the NEC and the NWC.
    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 Women`s
      League and Youth League in the province, and the Treasurer`s report.
    3. Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy
      Secretary, Treasurer and the additional 20 members of the Provincial Executive
      Committee, who will hold office for 3 years. The Provincial Secretary
      shall be a full-time functionary of the organisation.
    4. Carry out and develop the policy and programme of the ANC in the Province.
    5. Have the right and power to review, ratify, confirm, alter or rescind
      any decision taken by any of the constituent bodies, units or officials
      of the ANC in the province.
    6. Have the power to elect or appoint any commission or committee and
      assign specific tasks and duties to such commission or committee.

Rule 18 THE PROVINCIAL GENERAL COUNCIL

18.1 A Provincial General Council shall be convened between Provincial Conferences.

18.2 The PGC shall meet at least once a year. A PGC will, on good cause shown,
be convened by the PEC upon the request of one-third (1/3) of branches in
the Province.

18.3 The Provincial General Council consists of all members of the Provincial
Executive Committee and delegates representing branches in proportion to membership,
with a minimum of one delegate per branch. The Women`s and Youth Leagues will
be represented by their PECs. The RECs will be appropriately represented as
determined by the PEC.

18.4 The Provincial General Council may discuss and decide any issue it deems
necessary, including any matter brought before it by the PEC, and may decide
on any matter falling within its competence, subject always to the policies
and directives of the National Conference, National General Council, Provincial
Conference or the NEC.

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

Rule 19 PROVINCIAL EXECUTIVE COMMITTEE

19.1 The Provincial Executive Committee 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.

19.2 The Provincial Executive Committee will consist of elected, co-opted
and ex officio members.

19.3 The elected members will consist of the Provincial Chairperson, Deputy
Chairperson, Secretary, Deputy Secretary, Treasurer and not more than 20 other
persons elected by the Provincial Conference. A person must be a member in
good standing of the ANC for three years before she or he can be nominated
to a Provincial Executive Committee of the ANC.

19.4 Each region in the province shall be equally represented in the PEC,
by the Chair and/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 Women`s League and the Youth League in the Province will be represented
by the Chair and Secretary of the respective Leagues in the PEC, with ex officio
status.

19.6 The PEC may co-opt not more than 3 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, not less than one-third of the elected and
co-opted members of the PEC must be women.

19.8 The PEC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform on
behalf of the PEC, but shall not vote on any issue.

19.9 The PEC will:

    1. Meet as soon as possible after its election to elect the Provincial
      Working Committee (PWC) and thereafter at least once a month.
    2. Carry out the policy and programme of the ANC in the province and do
      all things necessary to further the interests, aims and objectives of
      the organisation.
    3. Carry out the decisions and instructions of the Provincial Conference,
      the Provincial General Council, NEC and the NWC.
    4. The PEC will provide broad political and organisational perspectives
      to the Provincial Working Committee. It will receive reports, supervise
      the work of and delegate such functions to the PWC, as it considers necessary.
    5. Manage and control the funds and assets of the ANC in the Province.
    6. 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.
    7. Issue and send directives and instructions to and receive reports from
      the regions, branches and other substructures in the province.
    8. Supervise and direct the work of the ANC and all its organs in the
      province, including the ANC provincial and local government caucuses.
    9. Oversee the work of the Women`s League and the Youth League in the
      province.
    10. Ensure that the provincial, regional, branch and other structures of
      the ANC in the province function democratically and effectively. To this
      end, organise, establish and service branches in the Province and supervise
      the work of the regions in the Province; suspend, dissolve, and re-launch
      branch executive committees and regional executive committees where necessary,
      subject to any directives from the provincial conference, provided that
      where a BEC or REC has been suspended or dissolved there shall be 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 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 dissolution. The Provincial
      Executive Committee may appoint an interim structure during the period
      of suspension or the dissolution of the REC or BEC to fulfill the functions
      of such REC or BEC.
    11. Establish, wherever possible, provincial departments in line with national
      departments and establish committees, as it considers appropriate.
    12. Issue documents and other provincial policy directives, as and when
      it deems fit.
    13. Appoint the provincial and regional staff as required, subject to directions
      from the office of the Secretary-General.
    14. The quorum for any meeting of the PEC shall be 50% (fifty percent)+1
      of its total membership.
    15. 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.

19.10 Provincial officials shall, with due allowance for differences of scale
and level of work, perform the same functions as their national counterparts.

Rule 20 PROVINCIAL WORKING COMMITTEE

20.1 The Provincial Working Committee will consist of the Chairperson, Deputy
Chairperson, Secretary, Deputy Secretary and Treasurer of the Province and
the Chair or Secretary of the ANC Women`s League and the ANC Youth League
in that Province and not less than one quarter of its directly elected members.
The PEC shall elect the additional members of the PWC from among the directly
elected additional members of the PEC.

20.2 In accordance with Rule 6, not less than one-third of the members of
the PWC must be women.

20.3 The Provincial Working Committee will:

  1. Carry out decisions and instructions of the Provincial Conference, the
    NEC and the PEC.
  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.
  3. Submit a report to each PEC meeting.

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

20.5 The PWC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform on
behalf of the PWC, but shall not vote on any issue.

Rule 21 REGIONS

21.1 The PEC, under the supervision of the NEC, will divide the Province
into regions for the more efficient and democratic functioning of the ANC.
21.2 Provincial Regions will be demarcated to correspond strictly to district
and metro municipal boundaries in each province. The NEC will consider and
issue directives with regards cross boundary municipal structures.

21.3 Each region shall hold a regional conference every two years, which will
elect the members of the Regional Executive Committee (REC), which shall comprise
the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer
and additional members not exceeding fifteen in number; in addition the Chair
and Secretary of 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 be a member of the ANC for at least two years before she or he can be
nominated to a Regional Executive Committee of the ANC. The Regional Secretary
shall be a full-time functionary of the ANC.

21.4 Each branch within a region shall be entitled to send delegates to the
biennial regional conference in proportion to its members.

21.5 There shall be at least one regional council meeting in the course of
each year with each branch being entitled to send at least one delegate. Additional
regional council meetings may be convened by the regional executive committee
or the PEC or on the request of at least one-third of the branches.

21.6 The regional executive committee shall be accountable to the PEC for
it`s functioning. The powers of the regional executive committee are such
powers as are delegated to it by the PEC. In addition, the REC may, subject
to the directions and instructions of the PEC, exercise the following powers:

  1. Meet as soon as possible after its election to elect the Regional Working
    Committee and thereafter as and when necessary but at least once a month.
  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.
  3. Carry out the decisions and instructions of the Provincial Conference,
    the Provincial General Council, the PEC, the Regional Conference and the
    Regional Council.
  4. The REC will provide broad political and organisational perspectives
    to the Regional Working Committee. It will further receive reports, supervise
    the work of, and delegate such functions to the RWC, as it considers necessary.
  5. Manage and control the funds and assets of the ANC in the Region.
  6. Submit reports to the PEC, Regional Conference and Regional General Council,
    as often as is required, on the state of the organisation, the financial
    position of the region, and such other matters as may be specified.
  7. Request and receive reports from the branches and other substructures
    in the region.
  8. Supervise and direct the work of the ANC and all its organs in the region,
    including the ANC local government caucuses.
  9. Recommend to the PEC the suspension or dissolution of a BEC, Zonal Committee
    or Sub-Regional Committees.

21.7 The REC may co-opt no more than 2 persons, in order to provide for a
balanced representation that reflects the true character of the South African
people.

21.8 In accordance with Rule 6, not less than one-third of the directly elected
and co-opted members of the REC must be women.

21.9 The REC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform on
behalf of the REC, but shall not vote on any issue.

21.10 (a) The Regional Working Committee (RWC) shall consist of the Chairperson,
Deputy Chairperson, Secretary, Deputy Secretary and Treasurer of the Region
and the Chair or Secretary of the ANC Women`s League and the ANC Youth League
in that Region and not less than one quarter of its directly elected members.
The REC shall elect the additional members of the RWC from among the directly
elected additional members of the REC.

(b) The Regional Working Committee will:

  1. Carry out decisions and instructions of the NEC, PEC, REC, the Regional
    Conference and the Regional General Council.
  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.
  3. Submit a report to each REC meeting.

(c) The RWC will meet as and when necessary but at least every two weeks.
(d) In accordance with Rule 6, not less than one-third of the members of
the RWC must be women.

(e) The RWC may invite any member of the ANC to attend its meetings. Such
member may participate in the meeting and be allocated tasks to perform
on behalf of the RWC, but shall not vote on any issue.

Rule 22 PROVINCIAL CHAPLAINCIES

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

Rule 23 BRANCHES

23.1 Every member of the ANC shall belong to a branch, which is the basic
unit of the organisation.

23.2 The branch will:

    1. Be registered with the PEC and have a minimum of 100 members, provided
      that the PEC may confer special recognition, where due to exceptional
      circumstances, the branch has fewer than 100 members.
    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. 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 must operate on the basis of acceptable democratic principles and
      practices.
    6. Elect at an annual branch meeting a Branch Executive Committee (BEC)
      consisting of Chairperson, Deputy Chairperson, Secretary, Deputy Secretary,
      Treasurer, and other committee members, consisting of not less than three
      and not more than ten persons. A person must be a member of the ANC for
      one year 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 Women`s League and the Youth League
      shall be represented on the BEC, by the chairperson and secretary of the
      Women`s League branch and the Youth League branch within that branch,
      with ex officio status.
    7. In accordance with Rule 6, not less than one-third of the directly
      elected and co-opted members of the BEC must be women.
    8. The branch will meet at least once per month in a general meeting.

23.3 The Branch Executive Committee (BEC) will:

    1. Meet as soon as possible after is election and allocate tasks and functions
      among its members to enable it to carry out the day-to-day activities
      of the Branch.
    2. Carry out the publicity and organisational work in its area in furtherance
      of the policy, programme and decisions of the ANC. (c) Meet at least once
      per fortnight.
    3. Submit reports on its work to the branch meeting and at least each
      month to the Regional Executive Committee.
    4. Co-opt not more than three persons, if it considers it necessary to
      ensure greater representation.
    5. The quorum for each meeting of the Branch Executive Committee shall
      be 50%+1 (fifty percent plus one) of the total BEC membership.

23.4 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% plus one of the total paid-up members of the branch.

Rule 24 ZONAL STRUCTURES AND SUB REGIONS

24.1 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.

24.2 Whenever a Zone has been established the Branch Executive of constituent
Branches will at a properly convened meeting, elect a Zonal Committee to consist
of a Chairperson, Secretary, Treasurer and one (1) representative elected
per Branch within the Zone.

24.3 Where Zonal structures of the Women`s League and Youth League exist,
they will be represented by one (1) member each, subject to the same provisions
relating to the requirement for ANC membership.

24.4 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, PWC
      or the 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.

24.5 If circumstances warrant it, the PEC, under the guidance of the NEC,
may establish Sub - Regions within a Region. Sub - Regions, if formed, shall
be demarcated to strictly correspond with B-type or metro sub-council municipal
boundaries, depending on its location, with similar arrangements and powers
as apply to Zones.

Rule 25 DISCIPLINE

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

(b) Every candidate representing the ANC during an election at any level
of government, must undertake, in writing, prior to the elections, to abide
by the Constitution of the ANC and the relevant Code of Conduct for elected
representatives, and to submit to and abide by any disciplinary proceedings
instituted against her or him in terms of the Constitution or such Code,
directly or indirectly arising from her or his conduct as a public representative
of the ANC.

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

25.2 Disciplinary proceedings against a member and public representative
shall be confined to violations of the ANC Constitution, Rules and Regulations,
Standing Orders, Codes of Conduct and the policies and decisions of the ANC
properly adopted or made in terms of the Constitution, or the misconduct referred
to in Rule 25.5 or provided for in terms of Rule 25.13 (b) and shall not:

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

25.3 If the NEC, PEC, REC or BEC, as the case may be, or the relevant body
exercising its right to invoke disciplinary proceedings under this Constitution,
is satisfied that the institution of a disciplinary procedure is warranted
against a member or public representative in respect of any conduct referred
to in Rule 25.5 or any other misconduct prohibited in terms of the Constitution,
it may decide to institute disciplinary proceedings against such member in
respect of such misconduct and then refer the matter to the NDC, PDC, RDC
or BDC, as the case may be, or any other body authorised in terms of the Constitution
to conduct disciplinary proceedings, to proceed with such disciplinary hearing.

25.4 A disciplinary committee, which has conducted a disciplinary hearing
in terms of this Constitution, may find any member or public representative
guilty of any misconduct referred to in Rule 25.5 or any other misconduct
prohibited in terms of the Constitution, only if it is satisfied that the
evidence presented is of such a cogent and sufficient nature as to prove the
guilt of such member or public representative on a balance of probabilities.


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

  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;
  2. Conviction in a court of law, for any serious non-political offence;
  3. Behavior which brings the organisation into disrepute or which manifests
    a flagrant violation of the moral integrity expected of members and public
    representatives or conduct unbecoming that of a member or public representative;
  4. Sowing racism, sexism, tribal chauvinism, religious and political intolerance,
    regionalism or any form of discrimination;
  5. 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;
  6. Abuse of elected or employed office in the organisation or in the State
    to obtain any direct or indirect undue advantage or enrichment;
  7. Behaving corruptly in seeking or accepting any bribe for performing or
    not performing any task;
  8. Misappropriation of the funds of the organisation or destruction of its
    properties;
  9. Behaving in such a way as to provoke serious divisions or a break-down
    of unity in the organisation;
  10. Undermining the respect for or impeding the functioning of the structures
    of the organisation;
  11. Participating in organised factional activity that goes beyond the recognised
    norms of free debate inside the organisation and threatens its unity;
  12. 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;
  13. Standing in an election for local, provincial or national government
    or acts as the election agent or canvasser of a person standing for such
    election in opposition to a candidate duly endorsed by the NEC or PEC;
  14. Joining a political organisation or party other than the ANC or a party
    in alliance with the ANC;
  15. Prejudicing the integrity or repute of the organisation, its personnel
    or its operational capacity by:

    aa. Impeding the activities of the organisation;

    bb. Creating division within its ranks or membership;

    cc. Doing any other act, which undermines its effectiveness as an organisation;
    or

    dd. 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; or
    4. Any person or group who seriously interferes with the work of the
      organisation or prevents it from fulfilling its mission and objectives.
  1. Fighting or behaving in a grossly disorderly or unruly way;
  2. Deliberately disrupting meetings and interfering with the orderly functioning
    of the organisation;
  3. Payment of, or assisting or facilitating the payment of, membership subscription
    of the organisation for a person or persons or a group of persons who would
    otherwise be unwilling or unable to pay their own subscriptions;
  4. Offering a reduced rate membership to those known by the individual or
    group making the offer to be ineligible for that category of membership;
  5. Recruitment of members who do not reside at an address claimed, where
    this is done in order to manipulate branch meetings or the outcome of organisational
    votes; or
  6. Giving, collecting or raising of funds for campaigning activities within
    the ANC aimed at influencing the outcome of a conference or meeting.

25.6 (a) The NEC shall appoint a National Disciplinary Committee (NDC) from
among its membership and from other structures of the ANC, which will consist
of at least 5 but not more than 9 members. At least three members of the NDC
shall constitute its quorum. The national officers, the NWC or the NEC may
refer any violation or misconduct directly to the NDC for determination of
a compliant. In addition, the National Disciplinary Committee shall hear and
determine appeals from appropriate organs of the ANC in terms of Rule 25.
The decisions of the NDC shall be final except that the NEC may, in its discretion,
review a decision. Such a review shall be regulated by standing orders adopted
by the NEC.

(b) Each BEC shall appoint a Branch Disciplinary Committee (BDC). Each
REC shall appoint a Regional Disciplinary Committee (RDC). Each PEC shall
appoint a Provincial Disciplinary Committee (PDC). These respective Disciplinary
Committees must be appointed as soon as possible after the election of the
respective executive committees and will consist of at least 3 but not more
than 5 members. At least three members of a disciplinary committee shall
constitute its quorum.

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

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

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

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

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

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

(c) If disciplinary proceedings are instituted against a member and such
member does not appear at the venue and at the time determined for such
proceedings or does not remain in attendance when required to do so, the
relevant disciplinary committee, if satisfied that such member was properly
and timeously notified of such venue and time, may order that the proceedings
continue in the absence of such member. The disciplinary committee may form
an opinion of the evidence led, after applying the test provided for in
Rule 25.4, and it may proceed and make a finding of guilty or not guilty,
as the case may be, even if such member was absent from part or the whole
of the proceedings.

25.8 (a) Penalties or sanctions, which may be imposed by a disciplinary committee,
for proven violations of the Constitution, other relevant instruments, principles,
norms, policies and decisions of the ANC, will include reprimand, payment
of compensation and/or the performance of useful tasks, remedial action, and
suspension of membership or expulsion from the ANC, and in the case of a public
representative also the removal from any list or instrument which entitles
such person to represent the ANC at any

level of government.

(b) A disciplinary committee may suspend the imposition of any of the above
penalties or sanctions, with or without certain conditions for a period to
be determined by such disciplinary committee.

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

25.9. (a) A decision of a disciplinary committee only takes effect once the
internal appeal procedures and remedies provided for in terms of Rule 25 have
been exhausted. Any person found guilty during a disciplinary proceeding,
or the complainant, has the right, within 14 days from the date of sentencing,
to appeal against the conviction or sentence, to the next highest body of
the ANC. A member is only entitled to one appeal to such next highest body,
whose decision shall, subject to paragraph (b), be final and binding, provided
that the NDC may, upon application to it and if it deems it necessary, grant
a further appeal to be heard by itself. The NWC may direct that a body higher
than the one to which the appeal has been made should hear any appeal. An
appeal against the decision of a branch disciplinary committee should be heard
directly by the Provincial Disciplinary Committee.

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

25.10 All disciplinary proceedings shall be disposed of expeditiously, but
within 6 months from the date that notice of the charge has been delivered
to the member, provided that the NDC may, upon application from the relevant
disciplinary committee, in writing, at any stage before or after the expiry
of such period extend this period in a particular case, if it deems it necessary.

25.11 The relevant Disciplinary Committee shall in writing report the outcome
of each disciplinary proceeding to the secretary of the executive structure
which established it and then the decision shall be publicly announced by
the relevant Disciplinary Committee.

25.12 Temporary Suspension

(a) The Provincial Disciplinary Committee or the PWC with regard to disciplinary
matters not being dealt with at a national level, and the National Disciplinary
Committee or the NWC, may summarily suspend the membership of any member,
by acting in accordance with the procedures prescribed in Rule 25.12.

(b) Before any of the above structures make such a decision, it must have
due regard to the nature and seriousness of an alleged violation or misconduct
by a member and/or public representative only after the accusations have
been put to him or her for comment by the person or body tasked with such
duty by the relevant structure, and he or she has had an opportunity to
respond, provided that if such member has been given proper and timeous
notice of such opportunity and does not avail himself or herself of such
opportunity, and/or does not attend or does not stay in attendance, the
matter may be proceeded with in his or her absence.

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

(d) The member or public representative shall immediately be informed of
such suspension.

(e) In the case of the suspension of an elected public representative, the
relevant structure making the decision must also provide for any terms and
conditions, which will regulate his or her participation and conduct as
a public representative during the period of suspension.

(f) The member or public representative shall immediately be informed of
such terms and conditions.

(g) When a PWC or PDC imposes a temporary suspension on a member or a public
representative, it must immediately forward a report of such suspension
and the reasons for it, to the NDC and the NDC may, if circumstances warrant
it, at any stage set aside such suspension.

(h) The temporary suspension shall lapse if a notice of a charge relating
to such suspension is not delivered to the member within 30 days of the
date of the commencement of the temporary suspension.

(i) Such disciplinary proceedings shall be attended to as quickly as possible
and completed within a reasonable period.

(j) The temporary suspension shall, subject to paragraph (g), remain in
force until the finalisation of the disciplinary proceedings, including
any appeals, provided that the NDC may, upon application and if the circumstances
so warrant, at any stage set aside such suspension.

(k) The temporary suspension may at any stage be set aside by the structure,
which imposed it, if it deems it necessary.

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

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

(c) The National Disciplinary Committee shall draw up guidelines for the
interpretation of Rule 25 and for the rules of procedure applicable during
disciplinary proceedings, including time limits to be followed before, during
and after a hearing.

(d) The NEC may:

  1. authorise other structures of the ANC to institute disciplinary proceedings;
    and
  2. establish appropriate structures to implement or make the appropriate
    arrangements to apply the provisions of Rule 25, including a proper and
    appropriate investigative capacity at all levels of the organisation to
    investigate all complaints received, which may lead to disciplinary proceedings
    being instituted.

Rule 26 RULES AND REGULATIONS

26.1 The NEC may adopt rules and regulations for the better carrying out
of the activities of the ANC.

26.2 The PECs may adopt rules and regulations for the better functioning
of the ANC in their respective provinces.

26.3 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.

26.4 The NEC may frame a code of conduct to cover all structures, officials,
public representatives, office bearers and members.

Rule 27 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 28 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 give at least one month`s notice for any Constitutional
amendment.

Rule 29 SPECIAL CONFERENCE

29.1 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.

29.2 Not less than one month`s notice of such conference shall be given.

29.3 Participation at the Conference shall be determined by the NEC, provided
that branches are represented at such a conference in proportion to their
membership.

Rule 30 CONTRACTUAL LIABILITY

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

Rule 31 BORROWING POWER

34. The NEC may from time to time borrow any amount of money, on such terms
and conditions as the NEC considers fit, with the power from time to time to
alter the terms of any such borrowing, and to secure such borrowing or any other
obligations of the ANC by the mortgage or pledge, either generally or specifically,
of the assets of the ANC.

Rule 32 TRANSITIONAL ARRANGEMENTS

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

Rule 33 DISSOLUTION

The National Conference or any Special Conference may dissolve the organisation
by a two-thirds majority of delegates present and voting and transfer the assets
and liabilities of the movement in such a manner as determined by the Conference.

SCHEDULE TO ANC CONSTITUTION

ANC Logo and Colours

The ANC logo is a black African shield in the form of a pointed oval with a
narrow white border and canton, the latter bearing six narrow black horizontal
bars, surmounted in the centre by a spear erect the shaft white bearing a narrow
black vertical line and the blade facetted vertically, white and black, held
by a right hand issuant from behind an eight-spoked wheel set to the viewer`s
right, both white, the rim and spaces between the spokes of the wheel, black,
flotant from the upper shaft of the spear and partly surmounting the wheel,
a horizontal tricolour, comprising from top to bottom, equal bands of black,
green and gold.

ANC Flag

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

APPENDIX

Disciplinary Procedure (as amended on 17 February 1998)

INTRODUCTION

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

OBJECTIVE OF DISCIPLINARY PROCEDURE

The objective of disciplinary procedure is to ensure that in all disciplinary
proceedings:

  • There is a formal procedure.
  • There is a just and fair procedure.
  • A member is presumed innocent until proven guilty.
  • A member has a chance to defend herself or himself.
  • A member has the right to appeal.

STARTING DISCIPLINARY PROCEDURE

Disciplinary Proceedings may be instituted:

  1. Only for violations or offences of the ANC Constitution, the Rules and
    Regulations, the Standing Orders, Codes of Conduct, all policies and decisions
    properly adopted or made in terms of the Constitution, or the violations and
    offences set out in Rule 25.5 or Rule 25.13 (b) [See Rule 25.5. of the ANC
    Constitution.]
  2. By any organ or official of the ANC at Branch, Regional, Provincial or
    National level. However, the NWC may direct that the disciplinary proceedings
    should take place at a higher level than where a violation or offence was
    committed [Rule 25.6 (e)].
  3. By the National Disciplinary Committee which can hear and decide cases:
    • Referred to it by the ANC National Officials, NWC, or the NEC.
    • Of very serious violations or offences on its own initiative [Rule
      25.6(a)].

    At Branch, Regional, Provincial or National level by a Disciplinary Committee
    unless:

    • The NWC directs that the disciplinary proceedings should take place
      at a higher level than where a violation or offence was allegedly committed
      [Rule 25.6(e)].
    • The National Disciplinary Committee institutes disciplinary proceedings
      referred by the ANC National Officials, NWC, or the NEC [Rule 25.6(a)]
    • The National Disciplinary Committee institutes disciplinary proceedings
      itself for very serious violations or offences. [Rule 25.6 (a)]

HOLDING DISCIPLINARY PROCEEDINGS

  1. A charge must be made within reasonable time of the violation or offence.
    [Rule 25/7]
  2. A charge must be prepared on behalf of the organ or officials of the ANC
    instituting the disciplinary proceedings. The charge must:
    • Be in writing
    • Set out the information forming the reason for the charge and the alleged
      violation or offence in reasonable detail.
    • Identify the:
      • Provision of the ANC Constitution, the Rules, the Standing Orders,
        Codes of Conduct alleged to have been violated.
      • The violations and offences set out in Rule 25.5 alleged to have
        been committed.
      • Advise the charged member of her or his right to be represented
        by a member of the ANC in good standing, to have an interpreter present,
        to call witnesses for defence of the charge, and to recall and question
        witnesses called for prosecution of the charge.
      • Specify the time and place of the disciplinary proceedings.
      • Be delivered to the charged member seven days before the disciplinary
        proceedings or sooner if this is necessary in certain serious circumstances.
  3. The following persons must be present at a Disciplinary Proceeding:
    • The Chairperson and members of the Disciplinary Committee.
    • The presenter of the charge.
    • The charged member, who can be tried in her or his absence if she or
      he does not appear.
    • The charged member`s representative and/ or interpreter who is a member
      of the ANC in good standing.
    • The witnesses.
    • A minute taker.
  4. The Chairperson of the Disciplinary Committee must ensure that:
    • The disciplinary proceedings are held in a fair manner. He or she will
      rule on all matters that may arise and ensure order is maintained.
    • The charged member is informed of the charge, is informed of her or
      his rights and is asked to plead guilty or not guilty to the charge.
    • The presenter of the charge details the charged member`s alleged violation
      or offence and may call witnesses in support of the charge and may produce
      relevant documentation in support of the charge.
    • The charged member or her or his representative presents the defence
      to the charge and may call witnesses and may request the recall of and
      question witnesses called in support of the charge, and may produce relevant
      documentation.

ADJUDICATION

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

  1. The members of the Disciplinary Committee discuss the issues raised at
    the disciplinary proceedings in private and make a finding based on the facts
    and evidence of the case and make a ruling.
  2. The Chairperson and the members of the Disciplinary Committee decide a
    penalty. The penalties are:
    • Reprimand
    • Payment of compensation and/or performance of useful tasks
    • Suspension
    • Expulsion.
  3. The charged member is advised of the ruling and the penalty of the Disciplinary
    Committee with the reasons for these and is advised of her or his right to
    appeal.
  4. That the ruling and penalty are publicly announced. (Rule 25.11).

APPEAL

  1. An appeal may be lodged by:
    • The charged person against whom a finding has been made or a penalty
      imposed by the Disciplinary Committee.
    • The organ and/or officials who laid the charge against a finding or
      a penalty imposed by the Disciplinary Committee.
  2. An Appeal Hearing must be held by the next higher level unless:
    • The PEC directs that any appeal from a Branch Disciplinary Committee
      appeal should be heard by the Provincial Disciplinary Committee.
    • The NWC directs that any appeal should be heard by a higher level than
      the next higher level.
  3. The National Disciplinary Committee is the final structure for appeals to
    be heard. However, the NEC may at its discretion review a decision of the
    National Disciplinary Committee in accordance with standing orders adopted
    by the NEC. [Rule 25.6 (a)]

APPEAL PROCEDURE

The following procedure must be followed for appeals:

  1. The appeal must be made at the next higher level or the level which the
    NWC or the PEC directs to hear the appeal.
  2. The appeal must:
    • Be made within fourteen days of the charged member being informed of
      the ruling and penalty with the reasons for these.
    • Be in writing
    • Set out the reason for the appeal in reasonable detail.
    • Set out the grounds for the appeal in reasonable detail.
  3. Except in exceptional circumstances determined by the Chairperson of the
    Disciplinary Committee hearing the Appeal, no new evidence may be presented
    or considered at the appeal. No new charges may be brought at the appeal.
  4. The Chairperson and the members of the Disciplinary Committee must discuss
    the issues raised at the appeal hearing, and come to a finding based on the
    facts and evidence of the appeal hearing and make a ruling which can confirm,
    vary or amend the original ruling and/or penalty.
  5. The person who appeals must be advised of the ruling and the confirmation
    or variation of the original ruling and/or penalty.
  6. Any further appeal will need the permission of the next higher level.
  7. Any such further appeal must follow the above appeal procedure.

GLOSSARY

EXPLANATION OF TERMS USED IN THE CONSTITUTION

Accountable: To answer for, or explain, one`s conduct, decisions
or acts.

Additional Members: NEC Members who are elected.

Annual subscription fee: The NEC decides the annual subscription
fee.

Appeal: A resort or an application to a higher authority for
a decision.

Assign: To give out as a task.

Autonomous: The Leagues operate independently, next to and
in addition to ANC structures and within the framework of the Constitution and
policies of the ANC.

Bribe: A bribe includes any promise or offer to give something,
usually money, to procure services or gain influences in an improper manner.

Candidate duly endorsed: A candidate nominated and elected
democratically by the constitutional structures of the ANC at the appropriate
levels, and endorsed by the NEC, the PEC or the Branch.

Chaplaincy: Does not have the usual meaning which necessarily
refers to one faith only, and it is therefore qualified by the word "interfaith"
in the next line.

Consistent with: Agreeing, compatible, not contradictory.

Constitution: The Constitution of the ANC contains the rules
and principles that prescribes the rights and duties of its official structures
and members. It is the basic law of the movement which must be observed by all
members.

Contractual liability: The effect of this is to protect the
ANC against being held responsible by outsiders (e.g. a money lender) for the
actions of an individual member who may have been acting on his or her own account.

Co-opt: This is an option whereby an elected body appoints
further (non-elected) members to itself.

Deemed [necessary]: Considered, regarded as a subjective opinion;
indicates a state of affairs which does not necessarily or in fact exists, but
is taken or regarded to exist.

Designated to administer...oaths: The ANC designates someone
within the organisation to administer the oath.

Direct: To conduct the affairs of, manage, regulate. Directive:
An order or instruction, especially one issued by a central authority.

Disrepute: The absence or loss of reputation; discredit; disgrace.

Elective office: Refers to an office held as Councillor, Member
of the Provincial Legislature or Member of Parliament.

Electoral Commission: The ANC appoints from among its members
a body to constitute an Electoral Commission.

Election agent: Representative of a candidate contesting an
election and who represents the interests of the candidate.

Ex officio: Means by vitue of his or her position or office.

Eligible/Ineligible [for membership]: These are the rules that
determine which persons are eligible for (qualified for or worthy to be) members
of the organisation. A person qualified for membership is not necessarily entitled
to membership.

Endorsed: Approved or supported

Ethnic chauvinism: A prejudiced belief in the superiority of
a certain ethnic group (a cultural or social group with certain characteristics
like religion, language, ancestry or physical traits).

Freedom Charter: The document containing the essential philosophy
of the ANC, adopted by the (then) alliance in 1955 and ratified by the ANC in
April 1956.

Good cause shown: Sufficient reasons. Any fact or circumstance
that would make it just and fair between the parties. Good cause should not
merely be alleged, but must be able to be shown.

Honorary membership: Membership given as a mark of honour without
the usual requirements or privileges of membership.

Impeding [activities]: Obstruct the way of, hinder the progress
of. Incapacity: Lack of strength or ability; disability, helplessness.

Invalidly obtained [membership] Membership obtained falsely, not in accordance
with the Constitution, and therefore legally ineffective.

Legal relationship: A relationship, like for example a contract,
from which legal rights, obligations (like debts) and duties flow.

Logo and Colours: The ANC is the sole copyright holder of its
logo and colours.

Member: A person who has applied for and being accepted as
a paid up member of the ANC. South African citizens over 18 years of age may
apply for membership.

Members not in good standing: A member who fails to pay his
or her subscriptions for three months and whose membership has lapsed.

Misappropriation: To use money or funds wrongly or dishonestly,
especially for one`s own use.

National Democratic Revolution: Refers to the process of transforming
the country from an apartheid state to a non-racial, non-sexist, united democratic
society in which all people enjoy equal rights.

National List Committee: This is appointed annually by the
NEC and which is responsible for drawing up regulations and procedures to be
used in the selection of candidates for National Parliament. It shall consist
of at least five members and not more than nine members.

Nominate: To propose by name as candidate.

Official: One who holds an office or position of authority
in the organisation.

Party in alliance: Includes our alliance partners: SACP, COSATU,
and others as decided by the NEC.

Perpetual succession and power: Rule 27confers legal personality
on the ANC, by which it exists in law as an entity with rights and duties independent
from the change in its members or officials from time to time, and these rights
vests indefinately in the organisation as a legal person.

Provincial List and Candidates Committee: Refers to the Committee
in each province responsible for the compilation of elections lists and ward
candidates.

Provisional membership: Refers to a member whose membership
has not yet been confirmed, but who may participate in the activities of the
organisation except election onto any committee, structure, commission or delegation
of the ANC.

Quorum: The minimum number of officials or members of a structure,
committee or assembly, usually a majority, who must be present for the valid
transaction of the business of the meeting.

Ratify: Approve, give formal sanction to.

Reasonable Period: The NEC may declare a time frame as to when
an appeal may be lodged (see Rule 25.9).

Region: This means the geographic area of the Province, and
not the "region" as defined in Rule 22.

Registered political party: This refers to registration in
terms of the Electoral Act, 1993.

Rescind: To void or repeal.

Review [of membership application]: The reconsideration of
an acceptance or refusal of membership.

Rules and Regulations: In addition to the Rules contained in
this constitution, the NEC may also adopt subordinate Rules for the better carrying
out of the activities of the ANC.

Second: An utterance or show of endorsement of a proposal or
nomination.

Shall/may [convene, etc]: `Shall` normally means `must` (obligatory,
no discretion). `May` is permissive, and usually confers a discretionary power
or function.

Supervise: To direct and inspect the performance of work, to
oversee.

Suspend/suspension: To bar for a period from a privilege, office
or position; to render temporarily ineffective or inoperative under certain
conditions.

Tied vote: A state of equality of votes; a draw Tribalistic
exclusivism: To prevent persons from certain tribes to play a role in the organisation,
or to admit only persons from certain tribal backgrounds to memberships or participation.

Undermines: To weaken, injure or ruin insidiously or secretly.

Universal Suffrage: The right of all persons to vote.

Voting and speaking rights [at meetings]: The right to vote
is a matter that is regulated in the Constitution of the organisation. The reason
why non-members of a structure are afforded speaking rights (when they do not
have voting rights) is to ensure that the non-members have spoken at the meeting
and by virtue of their forceful character possibly unduly influenced the meeting
or inhibited free discussion or decision.

Zones: A (geographical) area distinguished from adjacent parts
by some distinctive feature or character.