amended constitution of the patriotic alliance 11.02.2014

Constitution of Patriotic AllianceCompiled October 2013 (amended February 2014)

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CONSTITUTION

OF

THE PATRIOTIC ALLIANCE

« FOR OUR CHILDREN »

VISION STATEMENT

“By the spirit of our ancestry, affirming the irrevocable rights of

indigenous peoples and diverse cultures; we shall ensure the

rights of inheritance to our children on the continent of Africa.”


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PREAMBLE The Patriotic Alliance (PA) is a nonracial, non-sexist and democratic political party

that is organising support across South Africa.

The PA positions itself as a champion of the people, with the understanding that

while its principles may overlap with those of other parties, the PA is the political

alternative that will bring tangible delivery of change in this lifetime for the majority of

South Africans.

The PA is an economically centrist party that understands that economic growth is

dependent on free-market conditions, but that rampant capitalism encourages only

greed and the exploitation of the poor. Therefore, the PA will always identify with the

masses so that economic emancipation for the disadvantaged is realised. But the PA

will address this growing need by using sound principles of how to grow and manage

a flourishing economy that rewards and encourages hard work, innovation and

excellence, while creating opportunities for more people to express themselves in

society and realise their potential.

The PA understands that there are unacceptable structural inequalities built into

almost every sector of South African society, from the operation of parastatals,

municipalities and other government structures to public and private companies and

civic institutions. This is also clearly seen in the geographical layouts of cities. To a

great extent, the post-apartheid population is still held in the grip of these legacy

structures, which have not been dismantled vigorously enough, with viable and

preferable structures to replace them, over the past two decades. The PA therefore

undertakes to reinvigorate the system that governs the lives of all South Africans and

to do it in such a way that a new social structure emerges that makes a better life

more accessible for all.

The party respects the South African Constitution and undertakes to uphold the law

of the Republic of South Africa, with the acceptance that the Constitution captures

the aspirations and rights of the South African electorate.


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LOGO AND COLOURS The logo of the PA is a circle with the words Patriotic Alliance at the centre in all

caps, which will change in the future to PA, once the brand of the party is

entrenched. The logo has an outer circle of dark red, which symbolises both the

vitality of its members and the blood of the heroes and heroines of the liberation

struggle, including the first citizens who fought against colonialism from the 15th

century onwards. The rest of the circle is a bright, light green, referring to South

Africa’s land and agricultural areas. Another four colours make up the logo, split into

two divided arches at the top and bottom of the circle. The left half of the top arch is

yellow, referring to mineral and energy wealth, which belong to the country and its

citizens. The bottom right arch section is light blue, referring to the marine wealth

along South Africa’s shoreline. Above that is a black arch, contrasted on the opposite

side (bottom left) by the colour brown, representing the black racial group and the

coloured and Khoisan/Nama, respectively. While the PA excludes no racial groups,

these groups were most affected by the structural inequalities of the past that the PA

wishes to eradicate and therefore they exist as a symbolic reminder of the political

challenges that remain in South Africa.

1. FOUNDING PRINCIPLES 1.1 Historical recognition of access to economic ownership of South African

resources and a reinvigorated participation in wealth creation and ownership

for a larger percentage of the population. This includes:

- Land ownership and restructuring as well as transformation in the

agricultural, fishing and mining industries, among others.

1.2 The education sector must cater for the needs of the youth and their families

to secure better futures for the South African people and to fill the skills and

academic gaps currently undermining the country, which also reinforce

structural inequality.

1.3 All citizens must be given decent housing and sanitation.


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1.4 There must be free, quality healthcare, with all government health funding

directed strictly at the restoration, maintenance and improvement of all public

healthcare facilities and services.

1.5 The PA supports a system of accountable government and society that is free

of corruption.

1.6 The PA promotes peace and security within and beyond the borders of South

Africa, most notably by promoting and implementing strategies that result in a

holistic approach to crime prevention.

1.7 The PA believes strongly in the funding of cultural heritage events,

programmes and projects.

1.8 The PA believes in taking South Africa forward to become an industrialised

nation in order to create millions of sustainable jobs.

1.9 The PA acknowledges that the Constitution of the Republic of South Africa is

the supreme Law of the country.

1.10 The PA advances democracy as a core principle.

1.11 The PA wishes to heal the divisions of the past and establish a society based

on democratic values, social and economic justice and fundamental human

rights.

2. DEFINITIONS AND INTERPRETATION

In this constitution, unless stated otherwise or inconsistent with context, the

following expressions shall have the meaning assigned to them below:

“PA” Means Patriotic Alliance, a political party created

with the sole purpose of mobilising society in such

a manner as to be able to contest elections and


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form a new government in line with the principles,

programmes, plan of action and vision of the party

“Constitution” means the constitution of the PA

“Constitution of SA” means what was once known as Act 108 of 1996

before the passage of the Citation of Constitutional

Laws Act “Effective date” means the date on which this constitution takes

effect, being the date when it has been signed by a

properly mandated representative of the PA

“The Executive” means the executive bureau of the party, which is

its supreme management body

“President” means the national leader of the party

“Rules” means the rules determined by the executive

management body established by the PA

“Electoral commission” means the IEC, the national body determined by

the SA Constitution to manage the affairs of all

government elections in South Africa

“Public sector” means that part of society understood to be

administered directly by government and funded

by taxes. It is the part of an economy that consists

of state-owned institutions, including nationalised

industries and services provided by local

authorities

“Private sector” means that part of society and a country's

economy that consists of privately owned

enterprises, which may or may not pay taxes

depending on their character

“Civil society” means the elements such as freedom of speech,

an independent judiciary, etc, that make up a

democratic society. This term will also include

NGOs who mobilise society in terms of their own

aims, normally the protection or advancement of

their constitutional rights


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“Member” means a paid-up member of the PA

“Executive Bureau” means the overall management body of the PA, to

be elected/confirmed at a national

congress/elective committee, with members in

temporary/acting positions if such congress is yet

to confirm their appointment or elect a

replacement management official. This committee

will be mirrored by committees at branch, regional

and provincial level if required and to the extent

that is required

2.1 Clause headings appear in this constitution for purposes of reference and

convenience only and shall not be used in the interpretation of nor modify nor

amplify the terms of this constitution nor any clause hereof.

2.2. Unless the context clearly indicates a contrary intention:

2.3.1. the singular shall include the plural, and vice versa,

2.3.2. references to natural persons refer also to juristic persons, and vice versa,

2.3.3. reference to any gender, whether masculine, feminine or neuter, include the

other two.

2.4. If any provision in a definition is a substantive provision conferring rights or

imposing obligations on any party, notwithstanding that it is only in the

definition clause, effect shall be given to it as if it were a substantive provision

in the body of the constitution.

3. NAME AND REGISTRATION OF THE ORGANISATION

3.1 There is hereby established that the organisation known as the Patriotic

Alliance is a political party, thus is a not-for-profit organisation with legal

personality and perpetual succession. Its objective is to encourage and

mobilise members of the public to cast their vote in elections in favour of the


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PA, to ensure the establishment of an alternative government upholding the

principles of the party.

3.2 The Patriotic Alliance is a political organisation that shall register with the IEC

and all other required registration bodies as such, in order to contest national,

provincial and local government elections.

3.3 The registered national office of the Patriotic Alliance shall be in Cape Town

at a building whose address shall be determined by the management

structures of the party at a later date.

4. CHARACTER OF THE ORGANISATION 4.1 It is hereby recorded that the Patriotic Alliance shall register as a political

party with the electoral commission in terms of Section 15 of the Act.

4.2 The Patriotic Alliance shall have perpetual succession and power. It shall

have the status of a legal entity and shall be capable of suing and being sued

in its own name. The president or executive body, as the case may be, shall

be the representative of the organisation in such event. This authority may be

delegated to any member of the party in consultation with the leader,

president or executive body, as the case may be, which authority shall be

issued in writing.

4.3 The Patriotic Alliance shall be a movement for all the people in South Africa

and it will:

4.3.1 Protect the fundamental rights of each citizen as enshrined in the Bill of Rights

4.3.2 Create opportunities for all in a holistic and dynamic approach to governance

so that society and the individuals in it can escape the poverty trap


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4.3.3 Uphold the sovereignty of the SA Constitution and approach any PA-driven

amendments or additions to the SA Constitution in a legally appropriate and

responsible manner, if the possibility for such is available.

4.3.4 The party shall endeavour to unite South African society peacefully against

oppression and all forms of domination.

4.3.5 Uphold all of its founding principles and continuously seek new and effective

approaches to addressing injustices and inequalities that afflict the

disadvantaged, while offering expanded opportunities for all South Africans.

4.3.6 The PA shall also yield sufficient influence to encourage the creation of a wide

political front to help in an effort to secure electoral victory in 2014 and

beyond. In this instance, the party may lobby support from across all sectors

of society in an effort to garner enough support to create a government of

diverse political interests to better represent our people, including the most

neglected and marginalised.

5. AIMS AND OBJECTIVES

The Progressive Alliance acknowledges that the Constitution of the Republic of

South Africa is the supreme law of the country.

There are several areas of application of the SA Constitution that have been lacking

since the advent of democracy, however. The PA will be a party that seeks to

improve upon these failings and rectify them. Chief among these include:

5.1 Increasing the equality of all citizens, with an emphasis on greater prosperity.

5.2 Addressing and restructuring unequal patterns of historical ownership of

national assets, including but not limited to land, property, marine resources,

mineral and energy resources and established and future infrastructure.


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5.3 Improving the outcomes of education for all citizens, be it schooling for the

youth or tertiary education or skilling and reskilling for older citizens, in line

with the demands of the economy.

5.4 Delivering accountable government and services, free of the scourge of

corruption, theft from the fiscus and collusion with the private sector or, as the

case may be, other parts of the public sector.

5.5 Dramatically reducing the reliance on consultants to run government,

considering that the public sector is indeed adequately staffed. Tens of billions

of rand are being squandered on paying for consultants at all levels of

government. This is money that would be far better spent on core services to

the people, such as paying for housing, critical infrastructure such as

sanitation, roads and the rest of the transport network, crime and emergency

services, healthcare and social and welfare services.

5.6 Cutting down on the bloated size of government, which, in relation to 3.5

above, is in any event inefficient.

5.7 Reforming explicit and subtle taxation. Business and private sector workers

are not the serfs or employees of the state. It is the other way around. Over its

two decades of rule, the existing government of South Africa has implemented

modes of taxation with questionable motivation that are now calling into

question the willingness of its population to be governed. This includes the e-

tolling of freeways.

5.8 Dramatically cutting back on wasteful, inefficient and illegal national

expenditure, which is a slap in the face to the taxpayers of South Africa.

5.9 Not only will the public sector be made smaller and more efficient, but salaries

will be reformed in line with market rates and only excellent performance will

be rewarded with excellent remuneration.


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5.10 Entering into healthy public-private sector partnerships aimed at incentivising

productive, resourceful and innovative citizens to grow the economy and find

solutions for the multitude of problems that face the country.

5.11 Actively opposing patriarchy, sexism, ageism, racism, discrimination on the

basis of sexual preference, disability, social class or category of person as

well as all other forms of discrimination outlined in the SA Constitution.

5.12 Advancing democracy, including protecting fundamental rights such as media

freedom, which have in the last several years come under attack by the

governing party.

5.12 Healing the divisions of the past and establishing a society based on

democratic values and social justice and fundamental human rights.

5.13 Supporting and mobilising civil society in such a manner to pave the way for

the establishment of a legitimate government as stated in the SA Constitution.

5.14 Reversing the trend of voter apathy and disaffectedness. This has been

understandable, as there have been few credible political alternatives before,

but the is indeed the alternative South Africa has been waiting for. The PA

shall endeavour to create an environment for all of those of voting age to

partake in elections, especially those who have, for reasons of their own,

stayed away, or who have shown no interest in the election processes or who

did not vote, or stopped voting, for a specific political party.

5.15 Offering to the electorate an alternate government with the support of other

smaller opposition parties who are willing to conform to the governance plan

of the PA.

5.16 Restoring integrity, trust and decency to public life and governance.

5.17 Forming a new government instead of being the opposition in Parliament.


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5.18 Pursuing the imperatives of its founding principles.

6. VISION

6.1 The party’s vision is to see itself rise to a position of such prominence that its

agenda and founding principles bring about lasting change and transformation

in South Africa.

6.2 The party’s vision therefore is to attain a society of mutual prosperity, greater

egalitarianism, social justice, peace and the respect for human rights.

6.3 The PA will therefore have sufficient influence, in conjunction with like-minded

groups and individuals, to promote and protect our democracy and create a

climate conducive for attaining the election and governance goals of the PA,

in line with the SA Constitution.

6.4 Our aim is to build optimal support among South Africans for the objectives of

the Patriotic Alliance so that individuals and groups can work together to bring

to power a government that is acutely responsive to the needs of all its

people, including those who did not vote for the PA, but who qualify for all the

right of citizenship accorded by the SA Constitution.

7. VALUES

The Patriotic Alliance:

7.1 Is proud of our hard-won democratic and constitutional rights, optimistic about

the future of the country and confident in the ability of South Africans to

reclaim the achievements of 1994 and beyond, and build further on these

achievements.

7.2 Stands in solidarity with the people of South Africa (especially those who are

poor and marginalised), to promote mutual dependence and good faith.


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7.3 Sees government as a servant of the people, to govern in line with the will of

the people.

8. POWERS

The Patriotic Alliance shall have the following powers to enable it to realise its

objectives:

8.1 To open and operate banking accounts, to employ and remunerate staff as

required.

8.2. To pay gratuities and pension and establish pension schemes in respect of its

employees and members if the executive so desires.

8.3. To lease or rent office space for operational requirements and enter into

contracts with third parties, for such purposes subject to approval of the

executive.

8.4. To perform any other activities or duties incidental to or reasonably necessary

or desirable for the attainment of its objectives.

8.5. To have all such powers and rights as a political party has in law.

9. FINANCIAL MATTERS 9.1 The Patriotic Alliance shall keep proper accounting records.

9.2 The party shall have the right to appoint a firm of Auditors to audit the Party’s

books.

9.3 The Patriotic Alliance shall prepare annual financial statements in accordance

with generally accepted accounting procedures.


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9.4 These year-end financial audited statements shall be approved at the party’s

general congress and, in the absence of a general congress, by the executive

body and leadership.

9.5 The annual financial statements shall be audited by a recognised firm of

auditors, approved by the executive / management body.

10. SPECIAL CONDITIONS 10.1 The income and property of the PA shall be applied solely towards the

promotion of its main objectives, as per clause 4.

10.2 Upon its winding-up, deregistration or dissolution, the assets of the PA, if any,

remaining after the satisfaction of all its liabilities shall be given or transferred

to another organisation, association or institution, or organisations,

associations, or institutions, having objectives similar to its main objective, to

be determined by a general congress or in the absence of a general

congress, the executive body or the management body of the PA as the case

may be, at or before the time of its dissolution, or failing to make such

determination, by the high court of South Africa.

11. MEMBERSHIP

11.1 Membership of the Patriotic Alliance shall be open to all South Africans above

the age of 18 years, irrespective of race, colour or creed who accept its

principles, policies, programmes and manifesto. The youth may also become

members as of the age of 15 and must be registered as such, as they will not

be eligible to vote, but can play a role in other ways and become

conscientised politically.

11.2 Members shall pay a minimum annual subscription fee of R10 per person,

which fees are paid annually.


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11.3 Membership cards will be issued to registered members of the party and to

persons whose applications for membership have been accepted.

11.4 Membership is paid annually for renewal and members who fail to pay their

subscription fees for three months and, having being reminded of their lapse,

may lose their membership of the party.

11.5 Application for membership of the Patriotic Alliance shall be made in writing in

such form as may be prescribed from time to time by the executive bureau,

provided that each member shall become bound by the provisions of this

constitution upon it being signed on behalf of the PA.

11.6 Without limiting the power of the executive to prescribe the form of application

for membership, such form shall, in any event, contain an undertaking by the

applicant that upon admission to membership, such applicant shall be bound

by the provisions of this constitution and any rules that may be in force from

time to time.

11.7 The application shall be submitted to the executive, which shall have the

power to:

(i) admit the applicant to membership, subject to such terms and

conditions as it may determine,

(ii) reject such application and, while giving reasons for its decision, the

decision of the executive is final.

11.8 Any admission to membership shall only become effective when the applicant

has accepted and signed the conditions applicable to membership of the PA

and/or if such applicant has paid in full the prescribed fee and any other

amounts as determined by the executive from time to time.

11.9 All members’ names shall be recorded in a register of members retained by

the secretariat.


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11.10 In addition to the rights expressly provided for elsewhere in this constitution,

and in the rules, every member who is in good standing shall receive all

services rendered by the PA, including in particular the right to receive all

notices, publications, reports and literature issued by the party, and the right

to distribute same to their constituencies.

11.11 The PA shall be organised at national, provincial, regional, subregional (where

such need exists) and branch levels. Membership participation shall take

place at the appropriate level.

11.12 The Executive Bureau reserves the right to waive the payment of membership

fees for reasons that the Executive Bureau may decide from time to time.

12. DURATION OF MEMBERSHIP

Every member shall remain a member until his or her membership terminates

in accordance with the provisions set out in this constitution.

13. TERMINATION OF MEMBERSHIP

Membership of the PA shall cease:

13.1 Upon such member ceasing to have the qualification for membership as

determined by the executive.

13.1 Upon receipt by the executive of a written resignation by such member of his

or her membership provided that, pending such resignation becoming

effective, such member shall pay the PA all liabilities accruing to it, including

any subscriptions owing in respect of the current financial year within which

such resignation takes place, unless the executive determines otherwise, and

provided further that a member may at any time, with the consent of the party,

withdraw such notice of resignation.

14. SUBSCRIPTION FEES


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14.1 The annual subscription fee payable to the PA shall be for such amounts as

may be determined by the party from time to time.

14.2 All subscription fees shall become due and payable by such dates and in such

amounts as the party may determine from time to time. Any member failing to

pay such subscription fee within three months after due date shall be deemed

not to be in good standing.

14.3. No representative or member shall be eligible for election to any committee or

body of the PA at the time of such representative’s nomination, if the

subscription fees payable by such member are in arrears. Such

disqualification will cease when such arrears are paid.

15. RULES

15.1 The party may make rules not consistent with the provision of this constitution

and may amend, alter, add to or rescind any such rules and in this regard do

all other things which may be considered important and conducive to the

interests and good management of the PA and to the promotion of its

objectives. Any member may submit proposals regarding the making of rules

or the amendment, alteration, addition to or revision of any rules.

16. FOUNDING MEMBERSHIP

16.1 A founder member is defined as a person who started the initiative for the

establishment of the Patriotic Alliance.

16.1.1 A founder member could be co-opted on to the Executive Body if not formally

elected to serve in such capacity.

16.1.2 A founder member will be listed as a founder member of the Progressive

Alliance and who may enjoy certain rights .


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16.2 The status quo of a founder member remains until such time as and when

such member issues a written resignation, passes away or become

incapacitated.

17. MEMBERSHIP RIGHTS AND DUTIES 17.1. A member of the Patriotic Alliance is entitled to:

17.1.1 Partake in the discussions, debates formulation and implementation of the

party’s policies.

17.2.2 Partake in constructive debates on policy programmes or activities.

17.2 A member of the Patriotic Alliance may:

17.2.1 Belong to and be actively involved with the party or within his/her branch.

17.2.2 Have a thorough understanding of the social needs, cultural, political and

economic needs of communities within his/her branch.

17.2.3 Observe discipline, behave in an honest manner and carry out loyally

decisions of the Party.

17.2.4 Refrain from publishing and/or distributing any form of media without authority

if this could damage the image of the Patriotic Alliance.

17.2.5 Refrain from gossiping, bad-mouthing or defaming the good name of a fellow

member.

18. NATIONAL EXECUTIVE LEADERSHIP

18.1 The national executive bureau is the highest body of the Patriotic Alliance and

has the authority to lead the organisation, subject to the provisions of this

constitution.


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18.2 Without prejudice to the generality of its powers, the leader and/or national

executive bureau shall:

18.2.1 Carry out the decisions and directives of the NEC of the Patriotic Alliance.

18.2.2 Receive reports, supervise the work of, and delegate such functions as it

considers necessary.

18.2.3 Supervise and direct the work of the party and its structures, if any.

18.2.4 Issue documents and other policy directives as and when it deems fit.

18.2.5 Establish departments and set up committees, as it considers appropriate.

18.2.6 Manage and control all assets nationally and/or internationally.

18.3 The NEC shall have a president, who shall also be face of the party for its

elections.

18.4 There shall also be a secretary-general to deal with all matters of

administration of the party.

18.5 Other positions will be determined and finalised at a national elective

conference/congress, to be finalised after the 2014 general election.

Individuals in leadership will be given unique responsibilities depending on the

party goals they will be expected to achieve.

18.6 Any and all party positions and titles conferred in the run-up to the PA’s

elective conference/congress will be of such a nature as to further its election

goals and the fulfilment of necessary roles, responsibilities and tasks, and will

not be considered permanent positions until these are confirmed or not, as the

case may be, by the elective conference.


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19. DUTIES AND FUNCTIONS OF OFFICIALS

The Patriotic Alliance will be structured in the following manner.

19.1 There will be a “Top 12” leadership body comprising a:

19.1.1 President

19.1.2 Chairperson

19.1.3 Secretary-General

19.1.4 Treasurer

19.1.5 Deputy Chairperson

19.1.6 Deputy Secretary-General

19.1.7 Six “additional Top 12 members”.

19.2 There will also be senior leadership roles outside of the Top 12, with very

specific duties. These include but are not limited to:

19.2.1 National organiser

19.2.2 The head of election campaign/s

19.3.3 National spokesperson

19.2.4 The head/s of the youth wing

19.2.5 The head of the women’s league

19.2.6 Organisers in metropolitan areas

19.3 All office-bearers shall be appointed at the party’s congress or, in the

absence of a congress, be nominated on an interim basis until a

congress has been called or held.

19.1.1 PRESIDENT 19.1.1.2 The national leader shall be regarded as the president of the Patriotic

Alliance. His or her decisions will guide the party in almost all respects

and his or her decisions will be respected as such by all other

members.


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19.1.2 CHAIRPERSON 19.1.2.1 The chairperson will be responsible for ensuring that all meetings are

conducted according to protocol and to the advancement of the party.

19.1.2.2 The chairperson has the powers to call meetings of the party, to call for

the disciplining of members and to ensure that protocol is followed at

all times.

19.1.2.3 The chairperson is the individual who will sign into law any legal

resolutions adopted at the official meetings of the party.

19.1.3 SECRETARY-GENERAL

19.1.3.2 The secretary-general will perform the functions as required in terms of

his/her role and shall communicate all decisions of the Patriotic

Alliance to its members. The functions include the following:

• Be the secretariat of the organisation who shall be responsible for the

upkeep of the minutes at national conferences as well as other records.

• Conduct the correspondence of the organisation and send out notices of

all conferences and meetings at the national level.

• Communicate with all structures regarding the decisions and instructions

of the organisation and ensure that all members adhere to and carry out

their duties.

• Prepare and accept all annual reports on the work of the organisation.

• Present to the national conference a comprehensive statement of the state

of the organisation as well as of the organisation’s administrative position.

• All structures of the organisation shall report on their activities and be

accountable to the secretary-general.


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19.1.4 TREASURER

19.1.4.1 The treasurer is the chief custodian of the funds and assets of the

organisation. He or she will:

• Receive and bank all monies on behalf of the organisation and shall,

together with any two members authorised by the party, operate a banking

account in the name of the organisation.

• Keep such books of accounts as may be necessary to record clearly the

financial position of the party.

• Submit a report and annual financial statements showing the income and

expenditure account and balance sheet of the organisation annually.

• Be responsible for working out and executing plans for fundraising efforts

and will coordinate such fundraising efforts on behalf of the organisation.

• The treasurer shall be an ex-officio member of the national executive

bureau.

19.1.5 DEPUTY CHAIRPERSON 19.1.5.1 This office-bearer will, if the need arises, perform the duties of the

chairperson if he/she is unable to. He or she will have the same powers

as the chairperson in the absence of the chairperson, as long as such

an absence is understood to be unavoidable and accepted as such by

at least two-thirds of the Top 12 members present.

19.1.6 DEPUTY SECRETARY-GENERAL 19.1.6.1 This office-bearer will, if the need arises, perform the duties of the

secretary-general if he/she is unable to. He or she will have the same

powers as the secretary-general in the absence of the secretary-

general, as long as such an absence is understood to be unavoidable

and accepted as such by at least two-thirds of the party’s Top 12

members.


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19.1.7 ADDITIONAL MEMBERS 19.1.7.1 These members are those individuals who have made themselves

avaiable to work on a regular basis on the front lines of party activity.

They have the right to be included in meetings of the executive bureau

and their input and leadership must be considered at all times as vital

to the success of the party as they are aware of the daily challenges

and opportunities being presented in relation to the party.

19.2.1 NATIONAL ORGANISER

19.2.1.1 The national organiser shall be the person responsible for coordinating

the activities of the party in pursuance of its overall objectives and the

proximal goals determined by the executive bureau on a regular basis.

19.2.1.2 The national organiser will work closely with the secretary-general in

order to ensure that the tasks of the secretary-general are supported

as this position’s duties overlap partly with those of the secretary-

general.

19.2.1.3 This officer shall submit reports on his or her scope of work to the

leadership on a regular basis for their approval and shall not do or

implement anything without the prior approval of the leadership.

19.2.2 THE HEAD OF ELECTION CAMPAIGN/S

19.2.2.1 This leader will be responsible for the overall strategy adopted during

any election.

19.2.2.1 He or she will work closely with other leaders to ensure that election

plans are followed to the letter.

19.2.2.3 This leader will be the liaising officer between the IEC, the national

organiser and the secretary-general.

19.2.2.4 He or she will work closely with the IEC to ensure that deadlines are

adhered to along with all other rules pertaining to an election campaign

from start to finish.


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19.2.2.5 This officer shall submit reports on his or her scope of work to the

leadership on a regular basis for their approval and shall not do or

implement anything without the prior approval of the leadership.

19.2.3 NATIONAL SPOKESPERSON

19.2.3.1 This individual will work as the voice of the party. This leader will

communicate the agreed-upon messages of the party to the public,

often via the media. These messages are to take the form of both the

relatively static views contained in this constitution and other

documents such as manifestos as well as ad hoc messages in

response to the events of the moment to which the party must respond.

19.2.3.2 All members of the party must be available to brief the spokesperson in

the event that a message needs to be formulated and conveyed to

party structures, the media and/or South African citizens.

19.2.3.3 This person can play a role in the marketing of the organisation and

reports to the secretary-general of the Patriotic Alliance or the

executive bureau.

19.2.4 THE HEAD/S OF THE YOUTH WING

19.2.4.1 This/these individual/s will grow the youth support base of the party

through whatever appropriate means are available. He/she/they will be

at the forefront of youth activities and will, of necessity, be under the

age of 30. Their messages that will ensure that the party is relevant to,

acts on and speaks to the needs, interests and concerns of the youth in

such a way that the party stays at the forefront of winning over the

support of this enormous voter base.

19.2.5 THE HEAD OF THE WOMEN’S LEAGUE

19.2.4.1 This individual will grow the female support base of the party through

whatever appropriate means are available and will, of necessity,


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always be a woman. She will be at the forefront of women’s activities

and messages that will ensure that the party is relevant to, acts on and

speaks to the needs, interests and concerns of women in such a way

that the party stays at the forefront of winning over the support of this

extrememly important voter base.

19.2.6 ORGANISERS IN METROPOLITAN AREAS

19.2.6.1 These leaders are responsible for organising support and signing up

members en masse in metropolitan areas. They will be drawn from

these communities and their local expertise must always be respected

when decisions are made to canvass support in any way in these

areas.

20. DISCIPLINE

20.1 All members without exception must abide by the constitution of the Patriotic

Alliance, and the rules, regulations and policies, the standing orders and

codes of conduct, as adopted or amended from time to time, as well as the

policies and decisions adopted or made in terms of its constitution.

20.2 Disciplinary proceedings against a member and/or public representative shall

be confined to violations of the party’s constitution, its rules and regulations,

standing orders, codes of conduct and its policies and decisions, properly

adopted or made in terms of the constitution, or the misconduct referred to in

clause 21.5 and shall not be:

• used as a means of stifling debate or denying members their basic

democratic rights, or

• 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 or indirectly affected, unless such conduct in

itself constitutes a violation or an offence affecting the organisation.


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20.3 If the party, as the case may be, or the relevant body exercising its rights 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 or breach in terms of the party’s

constitution, it may decide to institute disciplinary proceedings against such

member in respect of such misconduct and then refer the matter to the

executive leadership, if any, or as the case may be, or body authorised in

terms of the constitution to conduct disciplinary proceedings, and to proceed

with such disciplinary hearing.

20.4 A disciplinary committee that has conducted a disciplinary hearing in terms of

the constitution may find any member or public representative guilty of any

misconduct only if it is satisfied that the evidence presented is of such a

coherent and sufficient nature as to prove the guilt of such member or public

representative on a balance of probabilities.

20.5 The following conduct by a member or public representative may/shall

constitute misconduct:

20.5.1 Behaviour unbecoming of that of a public representative by making

him/her guilty of a criminal offence .

20.5.2 Behaving in a corrupt manner in seeking or accepting any bribe for

performing any task.

20.5.3 Misappropriation of funds of the organisation or the unlawful

destruction of the organisation’s property.

20.5.4 Undermining the respect of the leadership or impeding the functioning

of the organisation’s structures.

20.5.5 Behaving in such a way as to provoke serious divisions or a breakdown

of unity in the organisation.


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20.5.6 Participating in organised factional activity that goes beyond the

recognised norms of free debate inside the organisational structures

and threatens its unity.

20.5.7 Prejudicing the integrity or reputation of the organisation, its personnel

or its functioning capacity by:

20.5.8 Impeding the activities of the organisation.

20.5.9 Creating divisions within its ranks or among its membership.

20.5.10 Doing any other thing not mentioned above, but which could undermine

the organisation’s effectiveness, or:

20.5.11 Acting for or on behalf of or in collaboration with-

o Other members

o Individuals

o Group of dissidents

o Other political party members,

20.6.12 Acting with the sole purpose or objective to bring the organisation and

its leadership into disrepute by lobbying support for the removal of one

or more members of the organisation’s leadership in an unethical

manner.

20.7 The Patriotic Alliance members shall at all times perform their functions in

good faith, honestly and in a transparent manner, and at all times act in the

best interests of the organisation and in such a way that the credibility and

integrity of the party is not compromised.

20.8 Members may not use their positions or the privileges of an executive bureau

member, if any, to undermine the leadership or to improperly benefit them or

another person.


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20.9 Disciplinary proceedings will be dealt with by the leadership or where

branches, regions, provincial and/or national structures have been

established, be dealt with at that level where the alleged violation or

misconduct took place, or where otherwise agreed upon.

20.10 Disciplinary proceedings may only be instituted once the matter has been

brought to the attention of leadership at the relevant branch, region, province,

or national level, depending on the contravention and once the leadership has

been duly informed of the seriousness of the matter.

20.11 Only in extreme and very serious matters will the leader intervene and

implement measures without a disciplinary hearing, such as suspension,

termination of membership or expulsion of membership from the organisation,

if a member has committed a serious breach in terms of the constitution.

20.12 Should there be a need for such harsh action, and in the event that there is

reason to believe that a member is causing a division among members that

would eventually lead to disarray and only if it is in the best interests of the

organisation, such membership of the individual shall be terminated.

20.13 Any person whose membership of the organisation has been revoked or

terminated shall be informed in writing of such decision.

20.14 Any person faced with disciplinary proceedings and/or misconduct 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 defence.

20.15 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 the clause

above.


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20.16 If disciplinary proceedings are instituted against a member and such member

is absent from the hearing at the time and date 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 timeously

notified of such venue, date and time, may order that the proceedings

continue in the absence of such member. Based on the evidence presented to

the disciplinary committee, the committee may make a finding of guilty or not

guilty, as the case may be.

20.17 Penalties or sanctions imposed by the disciplinary committee, for proven

violations of the constitution, policies, norms, decisions or any other

instrument of the organisation, will include reprimand, remedial action,

payment of compensation and/or the performance of useful tasks, or a

sanction of suspension or expulsion from the organisation, and in the case of

public representatives, also the removal from any list or instrument which

entitles such person to represent the Patriotic Alliance at any level of

government. Likewise, the imposition of any penalty or sanction may also be

suspended with or without certain conditions by the disciplinary committee.

20.18 Any member found guilty of proven misconduct shall be ineligible to be or

remain a member, and shall be expelled from the organisation and no renewal

membership shall be accepted unless the expulsion is overturned by the

leader of the party or an appropriate management body.

20.19 A decision of a disciplinary committee only takes effect once the internal

appeal procedures and remedies provided in this constitution have been

exhausted. A person found guilty during a disciplinary process, or

complainant, has the right within 14 days of sentencing to appeal against the

conviction or sentence, to the disciplinary committee of the next highest body

of the organisation.

20.20 Where the membership of a member has been terminated or the member has

been expelled from the organisation, through his/her actions owing to serious

offences, which brought the organisation and its leadership into disrepute,


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such decision made by a disciplinary committee or made by the leadership,

shall stand with no appeal process.

20.21 All disciplinary proceedings shall be disposed of expeditiously.

20.22 The relevant disciplinary committee shall in writing report the outcome of each

disciplinary hearing to the secretary-general of the organisation.

21. APPEAL

21.1 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.

21.2 An appeal hearing must be held by the next higher level.

22. OBJECTIVES OF DISCIPLINARY PROCEDURES

22.1 The objective of disciplinary procedure is to ensure that in all disciplinary

proceedings:

22.1.1 The principle of natural justice has prevailed.

22.1.2 That a just and fair process was followed.

22.1.3 That a formal and due procedure was followed.

22.1.4 That a member is presumed to be innocent until proven guilty.

22.1.5 That a member has a right to defend him or herself.

22.1.6 That a member has a right to follow the appeal procedure.


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23. PATRIOTIC ALLIANCE BANK ACCOUNT

23.1 The party, upon establishment, will open a bank account with a credible South

African financial institution. Two founding members of the party shall be co-

signatories of such bank account.

24. DISBANDMENT/WINDING UP/DISSOLUTION

24.1 The Patriotic Alliance may be dissolved upon the passing of a resolution to

that fact by a majority of its members of the party, present at a

congress/special congress and as per the rules and procedures.

24.2 Upon dissolution, the surplus assets of the organisation shall be transferred to

its successor in title or it may be distributed to a registered bona fide

charitable organisation.

25. EFFECTIVE DATE / CONCLUSION

This being the constitution of the Patriotic Alliance, which shall apply as the guiding

principle and constitution. The amendments to this constitution are also hereby duly

authorised.

Accepted on this………….……day of…………………………………….2014.

……………………………………………………………

President (acting as chairperson) of the Patriotic Alliance, Gayton McKenzie

Witness………………………………………………………….

Witness………………………………………………………….

amended constitution of the patriotic alliance 11.02.2014

Documents