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List Process Guidelines for 2009 National Elections

25 August 2005


Introduction

  1. The local government elections will take place soon and we must prepare ourselves for a resounding victory.

  2. Among other things the organisation must prepare itself for a comprehensive list process and the nomination lists of candidates for the elections.

  3. The list process and the list itself are ANC products and the ultimate responsibility and accountability for these lies with the ANC. Nominated and elected candidates in this processes also account to the ANC.

  4. We have to date managed five elections and list processes (national and provincial; and local government) and have accumulated a fair amount of experience in running these processes. The nature and character of these guidelines are informed by these lessons.

  5. The list processes by nature cause tensions in the organisation because some make it to the list and others don`t. To minimise the possibility of this kind of tension the process will be transparent.

  6. The process is structured to allow enough space for discussion, lobbying, objections, and appeals.

  7. The process of list nominations covers 3,875 wards in ANC ward based branches of the 254 municipal councils and 6 Metro councils across the country.

  8. The process must combine democratic procedures, transparency and allow for strategic political intervention.

  9. The list process and final list must be legitimate and enjoy acceptance by a broad section of ANC cadres and its supporters.

  10. Candidates on our lists should appeal to the immediate community they are meant serve.

  11. Branch Membership
    Only branches in good standing will be entitled to participate in the list process.

  12. This will be determined on the basis of the latest audit of membership approved by the national organising department and the provinces.

  13. Through the eye of the needle
    We must build on the process started in the National General Council, Port Elizabeth in July 2000.

  14. In selecting our public representatives we should be informed by the principles articulated in the document - THROUGH THE EYE OF THE NEEDLE.

  15. The discussion document emphasised that the cadreship collectives of the movement, at any level and in this instance in councils should satisfy the character of the ANC - a national revolutionary democratic movement; a non-racial and non-sexist movement; a broad national democratic movement; a mass movement and a leader of the democratic and progressive forces.

  16. Furthermore, ANC public representatives should, among other things, understand ANC policy and be able to apply it under all conditions, which should include an understanding of the country and the world we live in; of the balance of forces; and of how to continually change the balance of forces in favour of the motive forces for change. Our public representatives should also constantly seek to improve her/his capacity to serve the people, win the confidence of the people in his/her day-to-day work, be accessible and flexible, and lead by example.

  17. ANC public representatives, more so than those of any other party, should be above reproach in their political and social conduct - as defined by our revolutionary morality - be honest, have integrity, not be corruptible and actively fight against corruption. As part of the ANC caucuses at all levels, they should seek to influence and to be influenced by others in the collective and should be individuals that have the conviction to state their views boldly and openly within structures of the movement.

  18. Our public representatives must be able to relate to the main areas of ANC work, which include governance and mass work. This includes consistent constituency work and participating in the structures of the ANC at the appropriate level.

Review of Public Representatives

  1. The National General Council held in July 2000 decided that the organisation should assess the performance of our public representatives on a regular basis. This decision followed the assessment of councillors in 1999 for the 2000 local government elections.

  2. Thus the organisation conducted a review of MPs and MPLs before the 2004 general elections and now the review of councillors for the 2005/6 elections.

  3. The objectives of the review of councillors is to:
  • Assess the performance of different councillors and their suitability for deployment.
  • Inform the nominations and selection of ANC representatives for the next five years.
  • Put in place support and monitoring mechanisms to enable future ANC public representatives to be more effective.
  1. Review forms will be distributed to all ANC councillors, ANC structures, and council whipperies.

  2. The Review reports will be compiled from the data collected and consolidated into a common national report to be presented to the national Officials and National List Committee.

List Process

  1. NEC and PEC in the List process
    The ANC Constitution 2002, Rule 12.2(k) and Rule 19.9(o) makes provision for the appointment of National and Provincial List Committees by the NEC and PECs respectively.

  2. The final decisions on lists, quotas and ordering of lists lies with the NEC.

  3. The PEC can make recommendations to the NEC through the National List Committee on matters pertaining to the local, district and metro lists.

List Committees

  1. The National, Provincial and Regional list committees are tasked with the administration and implementation of the List Guidelines. The task is delegated to them to guarantee a fair and balanced outcome of the process.

  2. National List Committee
    The National List Committee develops the local government list guidelines and presents them to the NEC for decision and manages the entire list process nationally and reports to the NEC.

  3. The final list decisions shall be taken by the NEC.

  4. Provincial List Committees
    The Provincial List Committee (PLC) shall manage the process of the formation of the Regional List Committees in the province and shall be responsible and accountable for the process.

  5. Regional list committees
    The Regional List Committee (RLC) shall report directly to the Provincial List Committee on both operational and decision making matters.

  6. The Regional List Committees are created for coordination purposes and do not have decision making powers

  7. Tasks of PLC and RLC
    Provincial List Committees and Regional List Committees must actively ensure that the list process guidelines are implemented.

This involves among others:

  • Circulating and clarifying the guidelines
  • Calling for nominations
  • Managing and monitoring the nomination processes
  • Screening nominations and proposing the first changes to the lists to the PLC
  • Circulating the first draft list of nominations at least two weeks before the list conferences
  • Running list conferences
  • Gathering the individual details for candidate registration
  1. A national list training workshop shall be held. All provincial list committees will be represented as determined by the National List Committee.

  2. Participation of the Alliance
    Provision is made for the participation of Alliance partners. The Alliance partners will be allocated voting representation at the Provincial and National List Conferences.

  3. The list process is an ANC process and all candidates stand as ANC members. There will be no reserved seats for any organisation within or outside the alliance on the lists because councillors are ultimately accountable to the ANC.

  4. Character of the ANC
    In keeping with the non-sexist, non-racial and democratic character of our movement we must ensure that the list process yields lists that ensure that our collectives of public representatives reflects the criteria below:
  • ANC member in good standing and a proven track record of commitment to and involvement in the democratic movement
  • Experience or expertise that will enable them to make a constructive contribution in the relevant municipality.
  • No criminal record (this excludes political struggle related crimes committed before April 1994).
  • No history of ill-discipline or corruption.
  • No history of involvement in fostering divisions and conflict in the democratic movement.
  • No breaches of ANC code of conduct and those of other organisations of the democratic movement.
  • Geographical representation.
  • Equal representation of men and women, in line with the NEC decision of March 2005.
  • Fair representation of sitting councillors to ensure continuity and experience.
  • Reflect the national question - representation of all national groups.
  • Reflect the broad character of the progressive movement by including ANC members serving in COSATU, SACP, SANCO, other structures.
  • A fair spread across all age cohorts.
  • A fair representation of people with disabilities or who are differently-abled.
  • Adequate number and spread of skilled and experienced cadres to deal with the challenges of government especially in technical areas.
  1. Nominations process
    All nominations shall be generated from ANC Branch General Meetings (BGMs). The leagues, all other structures of the organisation and alliance partners will participate as ANC members in their respective branches for the nomination process.

  2. Nominations for all the lists should be conducted in properly constituted ANC Branch General Meetings as provided for in the ANC Constitution.

  3. The nominating BGMs shall be convened by the Branch Executive Committee as instructed by the RLCs programme of action

  4. The BEC should inform the ANCYL, ANCWL local branches in the ward, and local Alliance structures in the area.

  5. Only those who are ANC members in good standing from the structures mentioned above are allowed to participate in the process.

  6. The National and Provincial List Committees will distribute the nomination forms, and candidate CV forms to all ANC branches.

  7. A signed attendance register for the BGM should be kept and administered by comrades deployed to the BGM.

  8. The attendance register must include the following details: Name, membership number, ID number, address and signature. Proof of membership at the meeting should include a valid ANC membership card or temporary membership slip, and an ID.

  9. The branch ward councillor nominee with the highest number of votes in a BGM will be the duly nominated person for the ANC regional list. If the ward councillor nominee with the highest number of votes is male, then the branch should also submit to the RLC the name of the female ward councillor nominee with the highest number of votes.

  10. There will be separate nomination and voting processes for the ward councillors, PR local councillors and PR councillors for district respectively. There will be three ballot papers in this regard.

  11. In the case of metros there will be two ballot papers - one for ward councillors and the other for PR councillors.

  12. One (1) ward councillor nominee will be nominated and voted for at each BGM.

  13. No more than five (5) persons will be nominated for the PR list of the local councils.

  14. No more than five (5) persons will be nominated for the PR list of district municipality.

  15. No more than five (5) persons will be nominated for the PR list of the metros.

  16. All nominees must fill in a CV form and submit it to the Regional List Committee (RLC).

  17. Nominees must note that by signing the nomination form they bind themselves to the ANC code of conduct, the codes of ethics of municipalities, to accept the final lists as ratified by the NEC, and to the procedures for recall of councillors.

  18. Regional List Conference
    Branches should constitute 80% of voting delegates at the Regional List Conferences and fair representation should be worked out proportional to the size of audited membership.

  19. The remainder of the 20% should represent the following voting delegates:

  20. Full REC complement, regional Alliance delegates and the Leagues` RECs.

  21. The National List Committee will provide further guidelines on the breakdown of the 20%.

  22. All regional list conferences shall be observed by the Provincial List Committees or duly delegated persons.

  23. All lists will be consolidated and integrated into Regional Lists. This will be the case for both Metro and Districts.

  24. Nominations from Branch General Meetings (Ward and PR) shall be grouped according to locals, districts and Metros and forwarded to the regional list conference by the Regional list Committee.

  25. In the case of districts the Regional List Conference shall be divided into local caucuses (local municipality delegates will discuss lists of their areas under the supervision of RLC and PLC members).

  26. Conference plenary will then reconvene to discuss and vote on the final lists.

  27. In case of any objections and counter-nominations time will be allowed for motivation and demotivation

  28. In a situation where consensus cannot be reached, disputes will be settled by vote. Any changes must be supported by 60% of the house (by show of hands). The reason for this is that changes to the list should not be done lightly.

  29. Provincial List Conference
    This is an extended meeting of the PEC tasked with the responsibility to ensure that all key elements of the criteria are fulfilled and that all other strategic political matter are taken into consideration.

  30. The meeting shall be constituted by the fully constituted PEC including chairpersons and secretaries of the regions and the leagues; and an additional three representatives per region. In total each region will be represented by five persons.

  31. The leagues shall be represented by an additional five delegates each. Alliance partners are entitled to two representatives each to the conference.

  32. National List Workshop
    After all the Provincial List Committees are established a national training workshop will be convened to train the PLCs on the process.

  33. National List Conference
    The National List Conference shall take the form of an NEC meeting.

  34. Procedure at the National List Conference for the adoption of lists:

  35. The NLC will give a detailed report of the entire national process and the criteria applied.

  36. The draft lists of each province shall be distributed to all delegates.

  37. Provincial delegations will be allowed time to discuss the list in formal provincial caucuses.

  38. Plenary shall reconvene for the finalisation of the lists.

  39. In case of any objections and counter-nominations time will be allowed for motivation and demotivation.

  40. In a situation where no consensus is reached, disputes will be settled by vote. Any change must be supported by 60% of the house (by show of hands).

  41. The National List Committee shall screen all lists, to ensure that candidates and the lists meet the criteria set out above

  42. The top 25% of candidates on the municipal, district and metro list (in terms of votes received at regional list conferences) should be in safe positions on the list unless the lists do not meet the criteria set out or the NLC has compelling reasons for changing the list.

  43. After all the ordering and balancing of the list in line with the criteria set out the top 150% names of the number required by each local municipality or district or metro will constitute the first draft list.

  44. The List Committees may use interviews and other procedures to facilitate the ordering of the list.

  45. Appeals and Objections
    The National List Committee will allow for a process of objections and appeals by ANC structures and members.

  46. Objection
    Any structure or member of the ANC is allowed to raise an objection with the provincial or national list committee against any name on the lists.

  47. The PLC must submit all objections it dealt with and the recommendations therefore to the NLC for finalisation

  48. Appeals
    Any structure of the ANC or an affected individual member can appeal for inclusion on the lists.

  49. All appeals will be handled by the National Appeals Committee whose determination must be accepted as final by all.

  50. Following the completion of the appeals and objections process, the NLC will present a final draft list to the NEC for adoption.