NEW SOUTH AFRICA PARTY CONSTITUTION

 

PREAMBLE

“committing to serve and deliver” In establishing a political party that will actively strive for a truly democratic and non-racial South African society offering dignity, security and meaningful economic prosperity to its citizens, we will be guided by the following fundamental principles:

  • Respect for the Constitution of South Africa and the rule of law

  • Equality of all South African citizens before the law

  • Equality of gender

  • Recognition of the enriching diversity of languages, religions, cultural traditions and values within our single nation

  • The right of people to elect and continuously evaluate their leaders through a process based on accurate and transparent information and without fear of intimidation

  • The freedom of expression except for racial, religious and discriminatory hate speech or speech which incites violence against persons and property

  • Good governance: accountability; transparency and disclosure; compliance; service; integrity; competence and consultation.

CONSTITUTION

New South Africa Party: New SA

Table of Contents

1. Name
2. Logo
3. Founding statement
4. Aim of our party
5. Legal personality and powers
6. Executive structure of party

6.1. The National Executive Committee

6.2. The election procedure for the NEC

6.3. The decision-making process of the NEC

6.4. Functions of office bearers of the party

7. The National Conference

7.1. Powers of the National Conference

8. The National Working Committee

9. Special Conference

10. Contractual liability

11. Amendments

12. Membership

12.1 Minimum requirements for membership

12.2 Rights and duties of membership

13. Branches / Volunteers / Provincial representatives

14. The internal disciplinary procedures

15. Requirements for audited financial statements

16. Publicity

1. Name

The name of the party is:

NEW SOUTH AFRICA PARTY

Abbreviation:

NEW S A

2. Logo of the party:

The logo of the party represents:

  • Brown section: The earth with its rich resources that should sustain all living beings on this planet.
  • The sun rising on a new South Africa
  • The different nations of South Africa putting hands together to help one another rise up in dignity.
  • The diamond shape also represents the rich resources of our earth;

It represents our party that will shine a new light on South Africa;

It represents the people of our party who are shaped into the people we are today – who wants to bring change to our society

3. Founding Statement

  • Approximately 36 % of South Africa’s workforce is unemployed
  • Recent studies have revealed that 40 % of our citizens live in poverty
  • Crime is rising: 19 000 people were murdered this past year; we live in fear: we actually live in a state of emergency!
  • Social evils are at the order of the day
  • Racial conflict and hatred is escalating daily

We have a vision of a new and safe South Africa where everyone is FREE: free of fear and free of hatred – free from the fear of being caught up in crime and free of the hatred that different groups feel for one another.

Where everyone feels safe and protected and where everyone reaches out and uplifts one another. Where we – in our pursuit of happiness- we don’t see race; but where we see human beings…. In a South Africa in which we’ll rise in dignity again..…….!

4. Aim of the New South Africa Party

The New South Africa Party will rebuild our society that will change people’s lives and that will create a new South Africa:

The New South Africa Party will put measures into place to:

  • Eliminate unemployment
  • Reduce the level of poverty in South Africa
  • Reduce crime and create save communities in South Africa
  • Rebuild healthy societies by eradicating social evils like drug and alcohol abuse
  • Build an economy and facilitate land reform that will benefit all citizens of South Africa
  • Create a fair and just society and ensure the fair distribution of resources
  • Create true transparency in all spheres of government to cut out corruption completely
  • Build an education system that will assist all learners to reach their full potential and become rightful citizens of our country

5. Legal personality and powers

  • The party shall be a body corporate with perpetual succession.
  • The party may own, purchase, sell, hire, lease, mortgage, pledge or in any other way alienate or deal with both movable and immovable property and, furthermore, perform all such legal activities authorized by this constitution or such activities as may be necessary for the party to function effectively.
  • The party shall in whichever way found necessary, raise funds in order to function effectively
  • All monies received and collected in the name of the party shall vest in the party itself.

 6. Executive structure of the New South Africa Party

6.1 The National Executive Committee shall be constituted as follows:
  • The President
  • Deputy President
  • National Chairperson
  • The National Secretary
  • The Deputy Secretary
  • National Treasurer
  • National Elections Manager
  • Public Relations Officer/ Media Liaison Officer
  • The Party Organizer
  • The Party Projects Director
6.2 The election procedure for the NEC
  • The National Executive Committee, except where otherwise stipulated, shall be elected by a majority vote by the National Conference and shall hold office for five years.
  • The Founding Meeting constitutes the First National Conference of the Party.
  • NEC Positions not filled at the Founding Meeting or at National Conference, may be filled at a Special Conference should the voting delegates agree to it.
  • If preferred by a majority (50 +1) of the voting delegates, the election will be done by secret ballot.
  • Each voting delegate shall vote once in each ballot.
  • Should two candidates have the same amount of votes, the president shall hold the final vote / decision.
  • The NEC shall have the power to co-opt not more than five (5) additional members at any time during its term of office in order to provide for a balanced representation that reflects the true character and diversity of the South African people, provided that such co-option enjoys the support of the members.
  • Should a vacancy occur on the NEC for any reason, the NEC shall have the power to fill the vacancy by appointing a replacement.
  • The quorum for meetings of the NEC shall be 50 % + 1 of its total membership.
  • Nominations for members of the NEC shall be in writing and received by the NEC at least 30 days before the National Conference.
  • Each nomination must be seconded by another member and nominees must consent to their nomination.
  • When nominating the members of the National Executive Committee, regard shall be hold to the need for representation of the National Committee, including geographical location, skills and gender.
  • Elected members of the NEC shall be eligible for re-election.
  • A delegate to the Conference shall, however, have the right to nominate any person whose name has not been proposed 30 days prior to Conference. In such an event the presiding officer shall call for seconders to the nomination. If such nomination is seconded by a minimum of 25 % of Conference delegates, then such nomination shall be regarded as having been duly seconded; in which event the name of such nominees shall be placed on the ballot paper. If the nomination fails to secure the support of a minimum of 25 % of the conference delegates, such nomination shall fall away.
6.3 The decision-making process of the NEC
  • The National Executive Committee is the highest organ of the party and shall have the authority to lead the organisation, subject to the provisions of this Constitution.
  • The NEC shall have the power to adopt rules and regulations for the better carrying out of the activities of the organisation.
  • All such rules and regulations shall be consistent with the constitutional norms of the organisation.
  • The NEC shall have the power to frame a code of conduct to cover all structures, officials, public representatives, office bearers and members.
  • Without prejudice to the generality of its powers, the NEC shall:
a. Carry out the decisions and instructions of the National Conference.
b. Issue and send directives and instructions to and receive reports from the provinces.
c. Supervise and direct the work of the party and all its organs.
d. Ensure that the party function democratically and effectively. The NEC may suspend or dissolve a committee where necessary and call for new elections within three months. The suspension may not last for more than three months.
e. Establish departments and set up committees as it considers appropriate.
f. Manage and control all the national and international property and assets of the party.
g. Receive reports, supervise the work of, and delegate such functions as it considers necessary.
h. Issue documents and other policy directives as and when it deems fit.
i. Confer such honours as it may deem appropriate.
j. The NEC shall meet in plenary sessions at least once every three months and shall provide broad political and organisational perspectives to the working committee.
6.4 Functions of the office bearers of the party:

The President

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

  1.       Present to the National Conference a comprehensive statement of the state of the party and the political situation generally.
  2.       Make pronouncements for and on behalf of the NEC outlining and explaining the policy or attitude of the party 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 party.
  5.       Be an ex-officio member of the NWC.

The Deputy President

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

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

The National Chairperson:

  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 party 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.
  5.       In the absence or incapacity of the national Chairperson, the President shall assume his or her functions.

The National Secretary/ accounting officer:

  1.       Is responsible for the administering of the affairs of the Party
  2.       Has the responsibility of ensuring that all party offices have accurate records.
  3.        He/ She is responsible of being the chief custodian of all party instruments and documents.
  4.       He/ She handles official communications of the party.
  5.       He/ She files the declaration of assests and expenditure after issuance with a certificate of full registration.
  6.         The accounting officer is signatory to the bank account of the funds allocated to the party.
  7.       He /She ensures accounts are audited by the party internal auditer and forwarded to the Auditor General after the end of the financial year.
  8.       In an election process, he / she submits the party membership register and the statement of assets and liabilities
  9.         The Deputy National Secretary will assist the National Secretary in the above mentioned duties.
  10.         In case of the National Secretary being absent or incapacitated, the deputy National Secretary will take over the duties of the National Secretary.
  11.        They will both be ex-officio members of the NWC.

The National Treasurer:

Refer to the finance section of the Constitution.

The National Treasurer shall be an ex-officio member of the NWC.

The National Elections Manager:

He / She shall:

  1.       Be responsible for the organising of the national elections campaign; as authorised by the NEC.
  2.       Shall supervise the distribution of election campaign material.
  3.        Be an ex-officio member of the NWC.

The Public Relations Officer:

Refer to the publicity section of this constitution

The Public relations officer will also be an ex-officio member of the NWC.

7. The National Conference

  1.       The National Conference shall be the supreme ruling and controlling body of the party.
  2.       Voting delegates:
  • At least 70 % of the voting delegates at the Conference shall be from members. The number of delegates shall be in proportion to the paid-up membership.
  • All members of the National Executive Committee shall attend ex-officio as full participants in the Conference.
  1.       Non-voting delegates: The NEC may invite individuals, who have made a special contribution or who have special skills or experience, to attend the conference.
  2.       The NEC shall attend a conference organising committee which will circulate conference information in advance , determine the precise procedure for selection of delegates and indicate how the membership can then ensure their concerns are on the agenda.
  3.       The conference shall determine its own procedures in accordance with democratic principles.
  4.       Voting on key questions shall be by secret ballot if at least one third of the delegates at the National Conference demand it.
  5.       The National Conference shall be convened at least every five years.

 

7.1 Duties and powers of the National Conference:

The National Conference shall:

  1.       Decide and determine the policy, programme and Constitution of the party.
  2.       Receive and discuss the reports of the NEC which shall include the Presidential Address, etc.
  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 party.
  4.       Elect the National Executive Committee of the party.
  5.        Appoint provincial representatives for the Party.
  6.       Have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission or committee. 

 8. The National Working Committee

  1.       As soon as possible after the conclusion of the National Conference, the NEC shall meet and elect a National Working Committee.
  2.       The NWC shall be constituted as follows: All members of the NEC and in addition, additional members elected from among the directly- elected members of the NEC. These shall not exceed one-quarter of the composition of the directly elected members.
  3.       The members of the NWC shall not necessarily be full-time functionaries of the NWC. However, the NEC shall determine the extend to which the elected members shall be full-time functionaries who may be allocated specific responsibilities.

 9. Special Conference

A special conference may be convened as deemed necessary by the NEC.

 10. Contractual Liability

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

11.  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 National Secretary at least three months before the national or Special Conference. The NEC shall provide at least one month’s notice for any Constitutional amendment.

12. Membership

12.1        Minimum requirements for membership

Membership of the party shall be open to all persons who:

  • Have formally applied for membership
  • Who signed the code of conduct of the Party
  • Have attained a legally acceptable age.
  • Have paid the prescribed membership fee.
  • Agree to be bound by the party’s procedures and be subject to the authority of the party officials.

 

12.2  Rights and duties of membership

12.2.1. Rights

A member shall have the right to:

  1.       Take full and active part in the discussion , formulation and implementation of the policy of the party.
  2.       Receive and impart information on all aspects of policy and activities.
  3.        Offer constructive criticism of any member, official, policy programme or activity of the party within its structures.
  4.       Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the party.
  5.       Submit proposals or statements to the NEC, provided such proposals or statements are submitted through the appropriate structures.

12.2.2. Duties

A member shall:

  1.       Belong to and take an active part in the activities of the party.
  2.       Tale all necessary steps to understand and carry out the aims, policy and programmes of the party
  3.        Explain the aims, policy and programme of the party 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 party and defend the policy, aims and programme of the party.
  6.         Fight against racism, tribal chauvinism, sexism, religious and plotical 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.       Refrain from publishing and/or distributing any media without any authorization which purports to be the view of any organised grouping, faction or tendency within the party.
  9.         All members shall ensure that they are registered as voters in the constituency where they live.
  10.         All members shall promote the values and subscribe to the manifesto of the party.

 

 13. Branches / Volunteers / Provincial Representatives

  • The Party will establish branches when deemed necessary to do so and will depend on the growth of membership numbers.
  • Branch rules and regulations will be addressed at a Special Conference.
  • The party NEC will appoint representatives for the Party in different regions and / or provinces.
  • The party NEC will appoint Volunteers in provinces / towns to assist with the upcoming National Elections.

 

14. The Internal Disciplinary Procedures 

  1.       All members, without exception, must abide by the Constitution of the party or any code of conduct or rules as adopted or amended from time to time.
  2.       Disciplinary proceedings against a member shall be confined to violations of the Constitution of the party, or any adopted code of conduct and shall not:
  • Be used as a means of stifling debate or denying members their basic democratic rights
  • 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.

A serious offence shall be committed by any member who:

  • Fail to conform to party policy laid down by the National Conference
  • Make public statements which are in conflict with party policy.
  • Conduct which brings, threatens to bring or is deemed to bring the party into disrepute; which conduct shall include, but not limited to that mentioned in the party policy.
  • Prejudices the integrity or repute of the organisation, its personnel or its operational capacity by:
  1.       Impeding the activities of the organisation
  2.       Creating division within ranks or membership
  3.        Doing any other act which undermines its effectiveness as an organisation
  4.       Acting on behalf of or in collaboration with any person or group who seriously interferes with the work of the party or prevents it from fulfilling its mission and objectives
  • A disciplinary panel, arbitrator or appeal panel as elected by the NEC may impose sanctions as set out in the party policy.
  • Any sanction may be suspended wholly or in part upon such conditions as the disciplinary panel, arbitrator, or appeal panel may deem appropriate.
  • A sentence thus imposed shall remain in force and effective notwithstanding any pending appeal.
  • A depute resolution procedure as set out in the party policy can be requested by any member, office bearer or party structure.
  • Any  member has the right to appeal against any sanctions imposed upon him / her by the disciplinary panel or arbitrator.

 
15. Requirements for audited financial statements

  1.       The National Executive Committee shall open a bank account in the party’s name.
  2.       The NEC shall appoint a bookkeeper who shall be responsible for the bookkeeping of all monies received and all expenditures incurred by the Party on behalf of the Party
  3.       The National Treasurer shall have the duty to consolidate the financial reports from the bookkeeper.
  4.       The National Treasurer shall have the authority to lay down such financial policy and procedures as may be necessary for the proper accounting of the party’s financial transactions
  5.       The National Treasurer shall be responsible for preparing an Annual Balance Sheet and Income and Expenditure Statement, which shall be subject to audit.

 

 16. Publicity

The President or his/her appointee shall before release approve all Party Statements and Reports on national issues for publication.

All party statements to the media by members of the party shall conform to Party Policy as laid down by the members of the NEC. Members duly authorised to make party statements on behalf of the Party shall be the Media Liaison Officer or the Party President and any such member as may on occasion be specially permitted by authority of the National Executive Committee.