CONSTITUTION REV 2. Approved by NOBs 10 October 2015 as delegated by Congress National Committee on 23 August President.

Transcription

1 REV 2 Adopted by the Congress National Committee on 23 August 2015 by mandate of the 1 st National Congress (January 2014) and of the Extra-Ordinary National Congress of June Approved by NOBs 10 October 2015 as delegated by Congress National Committee on 23 August 2015 President General Secretary CONSTITUTION user [Company name] [Date]

2 1. PREAMBLE CHARACTER OF COPE VISION OF COPE ORGANISATIONAL STRUCTURE OF COPE AUTHORITY OF COPE HIERARCHY OF COPE LOGO AND COLOUR OF COPE DEMARCATION OF COPE STRUCTURES CHAPTERS OF COPE LEGAL RESPONSIBILITY OF COPE CONGRESSES OF COPE FUNCTIONS OF A CONGRESS DELEGATES TO A CONGRESS QUORUM AND VOTING AT THE NATIONAL CONGRESS VOTING FOR CONSTITUTIONAL AMENDMENTS VOTING, OTHER THAN FOR CONSTITUTIONAL AMENDMENTS LEADERSHIP ELECTION AT OR DURING A CONGRESS ELECTION OF THE PRESIDENT ELECTION OF THE MEMBERS OF THE CONGRESS EXECUTIVE COMMITTEE ELECTION OF THE ADDITIONAL MEMBERS OF THE NATIONAL OFFICE BEARERS COMMITTEE ELECTION OF THE CONGRESS NATIONAL COMMITTEE 9 7. ELECTION OF PROVINCIAL, MUNICIPAL AND BRANCH LEADERS ELECTION OF THE PROVINCIAL LEADERS ELECTION OF THE METRO MUNICIPALITY LEADERS ELECTION OF REGIONAL LEADERS ELECTION OF THE LOCAL MUNICIPALITY LEADERS ELECTION OF THE BRANCH LEADERS EXTRA-ORDINARY NATIONAL CONGRESS DELEGATES TO THE EXTRA-ORDINARY NATIONAL CONGRESS QUORUM AND VOTING AT THE EXTRA-ORDINARY NATIONAL CONGRESS POLICY CONFERENCES OF THE PARTY THE HEAD OFFICE OF COPE MEETINGS OF COPE CONSTITUTIONAL STRUCTURES: REGULARITY, QUORUM AND VOTING REGULARITY OF MEETINGS QUORUM AND VOTING AT MEETINGS FUNCTIONS OF THE CONGRESS EXECUTIVE COMMITTEE AND DUTIES OF ITS MEMBERS DUTIES OF THE PRESIDENT DUTIES OF THE DEPUTY PRESIDENT DUTIES OF THE NATIONAL CHAIRPERSON DUTIES OF THE GENERAL SECRETARY DUTIES OF THE DEPUTY GENERAL SECRETARY DUTIES OF THE TREASURER FUNCTIONS OF THE NATIONAL OFFICE BEARERS COMMITTEE COMPOSITION OF THE ORGANISATIONAL DIVISION OF THE NOB AND DUTIES OF ITS MEMBERS DUTIES OF THE SECRETARY FOR MEMBERSHIP DEVELOPMENT DUTIES OF THE SECRETARY FOR ELECTIONS DUTIES OF THE SECRETARY FOR INFORMATION, COMMUNICATION AND ADVOCACY DUTIES OF THE SECRETARY FOR ORGANISED LABOUR AND CIVIL SOCIETY LIAISON DUTIESS OF THE SECRETARY FOR BUSINESS COMMUNITY LIAISON DUTIES OF THE SECRETARY FOR PROJECT DEVELOPMENT AND OVERSIGHT COMPOSITION OF THE POLITICAL DIVISION OF THE NOB AND DUTIES OF ITS MEMBERS COMPOSITION AND FUNCTIONS OF THE CNC THE PROVINCIAL, MUNICIPALITY AND BRANCH LEADERSHIP STRUCTURES FUNCTION OF THE PROVINCIAL EXECUTIVE COMMITTEE (PEC) COMPOSITION AND FUNCTIONS OF THE CONGRESS PROVINCIAL COMMITTEE (CPC) The functions of the CPC, as the provincial authoritative committee in between Provincial Congresses is; FUNCTIONS OF THE CONGRESS METRO MUNICIPALITY EXECUTIVE COMMITTEE (MMEC) REV 2

3 17.5 COMPOSITION AND FUNCTIONS OF THE CONGRESS METRO MUNICIPALITY COMMITTEE FUNCTIONS OF THE REGIONAL EXECUTIVE COMMITTEE (REC) COMPOSITION AND FUNCTIONS OF THE CONGRESS REGIONAL COMMITTEE (CRC) FUNCTIONS OF THE LOCAL MUNICIPALITY EXECUTIVE COMMITTEE (LMEC) COMPOSITION AND FUNCTIONS OF THE CONGRESS LOCAL MUNICIPALITY COMMITTEE (CLMC) FUNCTIONS OF THE BRANCH EXECUTIVE COMMITTEE (BEC) COMPOSITION AND FUNCTIONS OF THE CONGRESS BRANCH COMMITTEE (CBC) THE COPE BRANCH COPE BRANCH IN SOUTH AFRICA A COPE BRANCH OUTSIDE SOUTH AFRICA VOTING DISTRICT COORDINATING UNITS MEMBERSHIP TO COPE CRITERIA FOR PARTY MEMBERSHIP RIGHTS OF A COPE MEMBER DUTIES OF COPE MEMBERS TERMINATION OF MEMBERSHIP LEADERSHIP IN COPE ELIGIBILITY TO LEADERSHIP OF COPE CEASING TO HOLD OFFICE AS A LEADER OF COPE MOTION OF NO CONFIDENCE IN A LEADER OF COPE PUBLIC REPRESENTATIVES OF COPE DISCIPLINARY AND APPEALS COMMITTEES NAMING OF PARTY STRUCTURES CONGRESS RESOLUTIONS COPE Constitution Rev 2 - JUNE PREAMBLE We, the Congress of the People is are united with our fellow citizens in pursuing a vision where we graduate to become a people with a common identity, a patriotic sense of national belonging and a great and abiding passion to build South Africa into a country that will enable all its citizens to enjoy equality, prosperity and freedom. Our commitment to developing South Africa commences with its pledge to realise the dreams of our forebears as were first encapsulated in the Freedom Charter and as well as to take forward the values deriving therefrom which was were subsequently embodied in the Constitution of South Africa. In pursuit of that commitment we will remain bound at all times by the Constitution and will faithfully and staunchly advocate constitutional democracy in South Africa and within COPE as well, in order to foster a culture that promotes the rule of law, human dignity and accountability. The defense of the Constitution of South Africa will therefore always constitute the cornerstone of for our actions. We pledge ourselves to a South African electoral system where the ideal that the people shall govern is made manifest through such electoral reform as will make possible the direct election of the President, Premiers and Mayors by the people themselves. 2 REV 2

4 In pursuance of this pledge, members of COPE will participate in electing the party s respective candidates for the positions of President, Premiers and Mayors. We also pledge our commitment to the principle of equality before the law as enshrined in South Africa s Constitution. Furthermore, we undertake that our members will be disciplined transparent and accountable at all times. We pledges full commitment to a democratic state and to democratic processes in South Africa. To foster this democratic culture COPE will abide fully by internal democratic principles and processes that make our party more representative and inclusive by giving effect to gender equality and greater youth representation. This is OUR Belief, OUR Commitment and OUR Promise to South Africa. 2. CHARACTER OF COPE The Congress of the People is a party established after the attainment of democracy in South Africa which embodies the ideological character of social democracy The Congress of the People aims to increase the quantity and quality of the middle class in the country and create conditions that enable a sustainable middle class quality of life for the majority of South Africans. At the core of our existence is the belief that South Africans can only live fulfilled lives in a society that intrinsically values justice and which is proactively committed to widening opportunities for all the people and particularly so for those who are poor and marginalised. 3. VISION OF COPE The Congress of the People aspires to democratically win elections, govern such that South Africans united in their diversity eliminate want in society and live in peace with themselves, the rest of Africa and the world! 4. ORGANISATIONAL STRUCTURE OF COPE 4.1 AUTHORITY OF COPE The Congress of the People which adopted the Freedom Charter on 26th June 1955 is the political progenitor of COPE. In choosing to call ourselves Congress of the People we sought deliberately to create a nexus with that historic Congress of the People of COPE is organised as a unitary structure with a single constitution where the national authority of COPE is the central authority in the Party with the right to delegate powers to any other COPE constitutional structure and / or COPE Chapter and / or COPE committee and / or Member of COPE. 4.2 HIERARCHY OF COPE The National Authority of COPE is the National Congress, which vests its authority in the Congress National Committee in between National Congresses The Provincial Authority of COPE is subject to the National Authority and is vested in the Provincial Congress, which vests its authority in the Congress Provincial Committee in between Provincial Congresses The Metro Municipality Authority of COPE is subject to the National Authority and is vested in the Metro Municipal Congress, which vests its authority in the 3 REV 2

5 Congress Metro Municipality Committee in between Metro Municipality Congresses The District Municipality (known as the Region) Authority of COPE is subject to the National Authority and is vested in the Regional Congress, which vests its authority in the Congress Regional Committee in between Regional Congresses The Local Municipality Authority of COPE is subject to the National Authority and is vested in the Local Municipality Congress, which vests its authority in the Congress Local Municipality Committee in between Local Municipality Congresses The Branch Authority of COPE is subject to the National Authority and is vested in the Branch Congress, which vests its authority in the Congress Branch Committee in between Branch Congresses The Metro Municipality, Regional and Local Municipality structures of COPE are subject to the leadership and guidance of the Provincial structures The Local Municipality structures of COPE are subject to the leadership and guidance of the Regional structures of the Party The branch structures of COPE are subject to the leadership and guidance of the Metro Municipality or Local Municipality structures as the appropriate. 4.3 LOGO AND COLOUR OF COPE The colours of COPE s logo are inspired by the national flag of South Africa The cross in the centre reflects the centrality of our constitutional democracy, and signal the importance of exercising our right and duty to vote The concentric circles represent the unity in diversity of our people The positioning of the logo shall be such that the red colour is at the top and the blue at the bottom. This will be in alignment with the national flag The official colour of COPE is bright yellow. 4.4 DEMARCATION OF COPE STRUCTURES The Provincial Boundaries of COPE shall be in alignment with the provisions of the Constitution of the Republic of South Africa. The Metro Municipality, District Municipality (Regional) and Local Municipality and Branch (Ward) Structures of COPE shall be in alignment with the determination of the Municipal Demarcation Board (MDB) The Voting District (VD) coordinating units shall be in alignment with the determinations of the Independent Electoral Commission (IEC). 4.5 CHAPTERS OF COPE The Congress of the People shall also establish Chapters of COPE that are organised in accordance with the rules and guidelines as established by the CNC. These Chapters shall not be autonomous entities and shall be responsible for carrying out the duties and functions of COPE within their respective constituencies in accordance with the rules as determined by the CNC The Chapters of COPE shall be the: Congress of the People Women s Movement Congress of the People Youth Movement 4 REV 2

6 Congress of the People Students Movement Congress of the People Council of Elders Congress of the People Business and Professionals Forum 4.6 LEGAL RESPONSIBILITY OF COPE Any constitutional structure that intends to litigate in any South African court on behalf of COPE may do so only upon the written approval of such by the Congress National Committee. Such written approval by the CNC must clearly state which structure of COPE that will be liable for the settlement of the legal fees and any other costs made by a court All members of COPE are required to exhaust all internal party remedies and independent mediation before approaching a relevant court for any relief Any constitutional structure and / or Member of COPE that acted in the name of COPE, but without the express to do so by the Congress National Committee authorisation to do so, will be directly liable for any civil claim or demand as instituted by any organisation and / or person as a result of services rendered to the constitutional structure and / or the Member of COPE. 5. CONGRESSES OF COPE 5.1 The political mandates of COPE leaders shall be established through the National Congress, Provincial Congresses, Metro Municipality Congress, Regional Congresses, Local Municipality Municipal Congresses and Branch Congresses. 5.2 All Congresses shall be convened by the respective authoritative committees (CPC s, CMMC, CRC s CLMC s and CBC s) and be conducted in accordance with the rules and size of delegations as determined by the Congress National Committee. 5.3 A Congress shall be the highest authority of COPE within the specific geographical boundary. 5.4 The National and Provincial Congresses shall be convened at least once within every five (5) years in a year which precedes South Africa s National and Provincial Election. 5.5 The National Congress may only be convened after a minimum of five (5) Provincial Congresses have been convened, finalised and confirmed by the CNC to have been in accordance with the Constitution of COPE. 5.6 The Provincial Congress may only be convened after a minimum of 50% plus 1 of the combination of Metro Municipality and Regional Congresses (in provinces which have Metro Municipalities) or Regional Congress have been convened, finalised and confirmed by the CPC to have been in accordance with the Constitution of COPE. 5.7 The Metro Municipality Congress may only be convened when 50% plus 1 of the branches in 50% plus 1 of the coordinating zonal sub-structures of the Metro Municipality have been convened, finalised and confirmed by the CPC to have been in accordance with the Constitution of COPE. 5.8 The Regional Congress may only be convened when 50% plus 1 of the Local Municipality Congresses in the District have been convened, finalised and confirmed by the CPC to have been in accordance with the Constitution of COPE. 5.9 The Local Municipal Congress may only be convened after a minimum of 50% plus 1 of the Branch Congresses within that local municipality ward have been convened, finalised and confirmed by the CPC to have been in accordance with the Constitution of COPE The Branch Congress when 50% plus 1 of the branch congresses in the ward have been convened, finalised and confirmed by the CPC to have been in accordance with the Constitution of COPE The Metro Municipality, Regional, Local Municipality and Branch Congresses shall be convened at least once every five (5) years in a year preceding South Africa s Local Government Election. 5 REV 2

7 5.12 FUNCTIONS OF A CONGRESS The function of a Congress shall be to: Adopt policy, including policies emanating from a policy conference, and promote these; Approve an election manifesto; Attend to any other matters agreed to by delegates at the Congress; Evaluate the Reports of the respective authoritative committees which shall include: a) The Political Report b) The State of the Party c) The Finances of the Party The National Congress shall provide for and manage the election of the President of the Party, the Congress Executive Committee, the additional members of the National Office Bearers Committee and the additional members of the Congress National Committee The Provincial Congress shall provide for and manage the election of the Chairperson of the Province, the Provincial Executive Committee as well as the additional members of the Congress Provincial Committee The Metro Municipality Congress shall provide for and manage the election of the Chairperson of the Metro Municipality, the Metro Municipality Executive Committee as well as the additional members of the Congress Metro Municipality Committee The Regional Congress shall provide for and manage the election of the Chairperson of the Region, the Regional Executive Committee as well as the additional members of the Congress Regional Committee The Local Municipality Congress shall provide for and manage the election of the Chairperson of the Local Municipality, the Local Municipality Executive Committee as well as the additional members of the Congress Local Municipality Committee The Branch Congress shall provide for and manage the election of the Branch Chairperson of the ward, the Branch Executive Committee as well as the additional members of the Congress Branch Committee DELEGATES TO A CONGRESS The number of voting and non-voting delegates that will attend any Congress will be determined by the CNC having considered and agreed to: A process that will fairly reflect the membership base of COPE; A process that will ensure the full, timely and equal opportunity, for delegates to meaningfully participate in the Congress; The finances of the Party; Modern technology to include more members of COPE to participate in the Congress, including the feasibility of Satellite Congresses A minimum of sixty percent (60%) of the voting delegates to a Congress shall be branch representatives The other voting delegates at the National Congress shall consist of all direct members of the CNC, all direct members of the Congress Provincial Committees, as well as representatives of the Congress Metro Municipality Committees, Congress Regional Committees, Congress Local Municipality Committees, Congress Branch Committees and delegates from the Chapters as determined by the CNC The other voting delegates at a Provincial Congress shall consist of all members of the Congress Provincial Committee, all members of the Congress 6 REV 2

8 Metro Municipality Committees (where there is a Metro Municipality), Congress Regional Committees and Congress Local Municipality Committees, as well as representatives of Congress Branch Committees and delegates from the Chapters as determined by the CPC and ratified by the CNC The other voting delegates at a Metro Municipality Congress shall consist of all members of the Congress Metro Municipal Committee, all members of the Zonal coordinating Committees as well as representatives of Congress Branch Committees and the Chapters as determined by the CRC, recommended for approval by the CPC and ratified by the CNC The other voting delegates at a Regional Congress shall consist of all members of the Congress Regional Committee, all members of the Congress Local Municipality Committees in the District, as well as representatives of Congress Branch Committees and the Chapters as determined by the CRC, recommended for approval by the CPC and ratified by the CNC The other voting delegates at a Local Municipality Congress shall consist of all members of the Congress Local Municipal Committee, all members of the Congress Branch Committees in the Local Municipality and all delegates from the Chapters as determined by the CRC, recommended for approval by the CPC and ratified by the CNC The voting delegates at a Branch Congress shall consist of the Congress Branch Committee and all the members of COPE in that municipal ward QUORUM AND VOTING AT THE NATIONAL CONGRESS It is the responsibility of the Congress National Committee to pursue and implement in a progressively manner modern means for delegates at the National Congress to validate their right to be at the Congress and to enable them to exercise their right to vote electronically on each resolution, provided that the electronic vote does not in any way compromise the secrecy of the vote A vote on each resolution at a Congress may be enacted by means of a secret manual vote and / or secret electronic vote At all Congresses the quorum of members needed in order to commence the Congress is 50% plus 1 of the expected voting delegates At all Congresses the quorum of members needed in order to commence a vote on a resolution is 50% plus one (1) of the accredited voting delegates to the Congress VOTING FOR CONSTITUTIONAL AMENDMENTS Only the National Congress may amend the Constitution of COPE A constitutional amendment must have the approval of two-thirds of the voting delegates to succeed The results must be announced immediately after the vote is taken VOTING, OTHER THAN FOR CONSTITUTIONAL AMENDMENTS Any other matter must have the approval of 50% plus 1 of the voting delegates in order to succeed The results must be announced immediately after the vote is taken. 6. LEADERSHIP ELECTION AT OR DURING A CONGRESS 6.1 It is the responsibility of the CNC to formulate policy and adopt other measures, within available resources, to achieve and maintain the progressive realisation of the right of each Member of COPE to participate directly in the election of party leaders through secret vote using an electronic or any other system during the respective Congresses. 7 REV 2

9 6.2 The CNC must ensure equal gender representation in the leadership. 6.3 The leaders of COPE to be elected at, or during, the National Congress are: The President; The members of the Congress Executive Committee; The 12 additional members of the National Office Bearer Committee; The 25 additional members of the Congress National Committee; 6.4 The leaders of COPE to be elected at, or during, the Provincial Congress are: The Chairperson of the Province; The members of the Provincial Executive Committee; The 13 additional members of the Congress Provincial Committee. 6.5 The leaders of COPE that to be elected at, or during, the Metro Municipality Congress are: The Chairperson of the Metro Municipality; The members of the Metro Municipality Executive Committee; The 13 additional members of the Congress Metro Municipality Committee. 6.6 The leaders of COPE to be elected at, or during, the Regional Congress are: The Chairperson of the Region; The members of the Regional Executive Committee; The 13 additional members of the Congress Regional Committee. 6.7 The leaders of COPE to be elected at, or during, the Local Municipality Congress are: The Chairperson of the Local Municipality; The members of the Local Municipality Executive Committee; The 13 additional members of the Congress Local Municipal Committee. 6.8 The leaders of COPE to be elected at, or during, the Branch Congress are: The Branch Chairperson; The members of the Branch Executive Committee; The 3 additional members of the Congress Branch Committee. 6.9 The CNC must establish voting rules, in accordance with this Constitution, to ensure that voting at, or during, a Congress occurs in a free and fair manner All leaders as elected at, or during, a Congress shall assume the elected office at the conclusion of the Congress event ELECTION OF THE PRESIDENT The National Congress shall provide for the President of the party to have been the first candidate to be elected during the National Congress. He / or she shall then become a member of the Congress Executive Committee After the election, and the announcement, of such candidate as the President, he / or she shall be deemed to have been confirmed as the Party s Presidential Candidate for the upcoming national elections of South Africa or in the alternative, he / or she shall be the Leader of the Party in Parliament A member of COPE may not occupy the position of President for more than two terms ELECTION OF THE MEMBERS OF THE CONGRESS EXECUTIVE COMMITTEE The Congress Executive Committee shall be composed of the President, Deputy President, National Chairperson, General Secretary, Deputy General Secretary and the Treasurer with due regard to the principle of equal gender representation The General Secretary of COPE shall immediately after he / or she is elected in this position or as soon as reasonably possible become a full time officebearer of the Party within a period of 90 days after election The Deputy General Secretary shall immediately after he / or she is elected in this position or as soon as reasonably possible become a full time office-bearer of the Party within a period of 90 days after election. 8 REV 2

10 6.13 ELECTION OF THE ADDITIONAL MEMBERS OF THE NATIONAL OFFICE BEARERS COMMITTEE The National Office Bearers (NOB) Committee shall comprise of the Congress Executive Committee (CEC), and, twelve (12) elected additional members with due regard to the principle of equal gender equality ELECTION OF THE CONGRESS NATIONAL COMMITTEE The Congress National Committee shall comprise of The CEC Twelve additional members of the NOB, and, Twenty-five (25) elected additional members, of whom a) a minimum of ten must be of the opposite gender b) a minimum of four (4) of equal gender representation, must be younger than 35 years of age and must not turn 35 within six months of the time of the election. 7. ELECTION OF PROVINCIAL, MUNICIPAL AND BRANCH LEADERS 7.1 ELECTION OF THE PROVINCIAL LEADERS The Provincial Congress shall provide for the election of the Provincial Executive Committee that would be composed of the Provincial Chairperson, Deputy Provincial Chairperson, Provincial Secretary, Deputy Provincial Secretary and the Provincial Treasurer The Provincial Congress shall provide for the Provincial Chairperson to be the first candidate to be elected at the Provincial Congress. He / or she shall then become a member of the Provincial Executive Committee The other members of the Provincial Executive Committee shall be elected in accordance with the same process as set out for the election of the National Executive Committee and with due regard to the principle of gender equality The Provincial Secretary shall immediately after he / or she is elected or as soon as reasonably possible become a full time office-bearer of the Party within a period of 90 days after the election The Deputy Provincial Secretary shall immediately after he / or she is elected or as soon as reasonably possible become a full time office-bearer of the Party within a period of 90 days after the election The CPC shall be composed of the Provincial Executive Committee and thirteen (13) additional members of the Congress Provincial Committee which shall include a Secretary for Elections; Secretary for Organising and Membership Development and a Secretary for Communication as well as ten other members whose responsibilities shall be aligned to the functions of the provincial government with specific responsibilities to keep the respective functions at the provincial government under constant scrutiny; With due regard to gender equality, a further three (3) additional members must be younger than 35 years of age must not turn 35 within six months of the time of the election. 7.2 ELECTION OF THE METRO MUNICIPALITY LEADERS The Metro Municipality Chairperson, Metro Municipality Executive Committee and thirteen (13) additional members to the Congress Metro Municipality Committee (CMMC) shall be elected at the Metro Municipality Congress and in accordance with the same process as set out for the Provincial Chairperson and Provincial Executive Committee The additional members of the CMMC shall include a Secretary for Elections; Secretary for Organising and Membership Development and a Secretary for Communication as well as ten other members whose responsibilities shall be aligned to the functions of the Metro Municipality government with specific responsibilities to keep the respective functions at the 9 REV 2

11 metro municipality government under constant scrutiny; With due regard to gender equality, a further three (3) additional members must be younger than 35 years of age and must not turn 35 within six months of the time of the election. 7.3 ELECTION OF REGIONAL LEADERS The Regional Chairperson, Regional Executive Committee and thirteen (13) additional members of the Congress Regional Committee (CRC) shall be elected at the Regional Congress in accordance with the same process as set out for the Provincial Chairperson and the Provincial Executive Committee The additional members of the CRC shall include a Secretary for Elections; Secretary for Organising and Membership Development and a Secretary for Communication as well as ten other members whose responsibilities shall be aligned to the functions of the District Municipality government with specific responsibilities to keep the respective functions at the district municipality government under constant scrutiny; With due regard to gender equality, a further three (3) additional members must be younger than 35 years of age and must not turn 35 within six months of the time of the election 7.4 ELECTION OF THE LOCAL MUNICIPALITY LEADERS The Local Municipality Chairperson, Local Municipality Executive Committee and thirteen (13) additional members of the Congress Local Municipality Committee (CLMC) shall be elected at the Local Municipality Congress in accordance with the same process as set out for the Provincial Chairperson and Provincial Executive Committee The additional members of the CLMC shall include a Secretary for Elections; Secretary for Organising and Membership Development and a Secretary for Communication as well as ten other members whose responsibilities shall be aligned to the functions of the Local Municipality government with specific responsibilities to keep the respective functions at the local municipality government under constant scrutiny; With due regard to gender equality, a further three (3) additional members must be younger than 35 years of age must not turn 35 within six months of the time of the election. 7.5 ELECTION OF THE BRANCH LEADERS The Branch Chairperson and Branch Executive Committee shall be elected at the Branch Congress in accordance with the same process as set out for the Provincial Chairperson and Provincial Executive Committee The Congress Branch Committee (CBC) shall be composed of the Branch Executive Committee and three (3) additional members. The additional members shall be a Secretary for Elections; Secretary for Organising and Membership Development and a Secretary for Communication. 8. EXTRA-ORDINARY NATIONAL CONGRESS 8.1 The Extra-Ordinary Congress shall have the powers of the National Congress but may only be convened by the Congress National Committee for a specific purpose and fixed agenda. 8.2 The Congress National Committee must convene an Extra-Ordinary Congress: At the request of two thirds of the members of the Extended CNC; or At the request of two thirds of the Branches of the Party nationally; or Through an official petition signed by two thirds of the members of the Party whose names appear in the official record of members kept by the General Secretary. 10 REV 2

12 8.2.4 An Extra-Ordinary Congress must also be convened by the Congress National Committee within ninety (90) days after a vacancy has occurred in the position of President of the Party. 8.3 DELEGATES TO THE EXTRA-ORDINARY NATIONAL CONGRESS The CNC shall determine the number of delegates that will attend the Extra-Ordinary National Congress having considered and agreed to: A process that will fairly reflect the current membership base of COPE; A process that will afford an opportunity for delegates to participate freely and fully in the Congress; The finances of the Party; The use of modern communications technologies to encourage the widest participation of members of COPE in the Extra-Ordinary National Congress, including the feasibility of using Satellite Extra- Ordinary National Congresses to achieve the same purpose. 8.4 QUORUM AND VOTING AT THE EXTRA- ORDINARY NATIONAL CONGRESS The quorum of members needed in order to start the Extra-Ordinary National Congress will be 50% plus one (1) of the expected voting delegates to the Congress Voting at the Extra-Ordinary Congress shall proceed in the same manner as voting at the National Congress. 9. POLICY CONFERENCES OF THE PARTY 9.1 The objective of a Policy Conference is to ensure that COPE formulates policies that meet and contribute to the ever changing national and global policy environment, so as to adapt and to evolve. 9.2 The Party shall therefore hold at least one National Policy Conference between National Congresses, to decide on policy issues. 9.3 Provinces, Metro Municipalities, Regions, Local Municipalities, Branches and Chapters may also hold policy conferences in between their respective congresses or in preparation for the National Policy Conference. 9.4 The nature, agenda, composition, time and place of these Policy Conferences shall be determined by the respective authoritative committees of the Party that intend to hold a Policy Conference. 9.5 Taking into account the need to expose delegates and the Party to a variety of policy options, the Congress National Committee shall invite individuals and / or institutions that are involved in policy making as guest participants to present a variety of policy options and considerations. 9.6 The purpose of the National Policy Conference shall be to formulate policy papers or positions accompanied by resolutions for adoption by the National Congress or for further deliberation by the structures of the Party. 10. THE HEAD OFFICE OF COPE The CNC shall establish a name for the head office of COPE in accordance with principles as determined by the CNC. 11. MEETINGS OF COPE CONSTITUTIONAL STRUCTURES: REGULARITY, QUORUM AND VOTING 11.1 REGULARITY OF MEETINGS Any meeting of the Party may take place telephonically or through any other electronic means provided that each member of that Committee is able 11 REV 2

13 to communicate clearly and simultaneously with all other members The respective Executive Committees of the Party should meet at least once a month to discuss progress in implementing the resolutions of the authoritative committees, the advancement of party policies, and the effectiveness of the administration and overall functioning of the Party The National Office Bearers committee (NOB) must meet at least once every two months to discuss the Executive Reports (Political Report; Organisational Report; Financial Report) in order to evaluate the progress of each portfolio as well as the functioning of this structure and its members The authoritative committees (CNC, CPC s, CMMCs, CRCs, CLMC s and CBC s) of the Party as well as the Zonal Coordinating Committees (ZCC) of the Metro Municipalities must meet at least once every third month of the year to evaluate the political progress of the Party or in preparation for such an evaluation in the case of the ZCC The Voting District Coordinating Committee (VDCC) should meet at least once a month QUORUM AND VOTING AT MEETINGS The quorum needed to start a meeting of COPE is 50% plus one (1) of the current members of that specific structure. (Resignations, apologies and absenteeism will be excluded from consideration in determining the quorum) If a vote is proposed at any meeting of the Party, such a vote shall be secret and conducted either manually or electronically A vote on any resolution will require a minimum of 50% plus 1 of the members in the meeting present to succeed Voting by means of a Round Robin Resolution; or e- mail and / or text messaging (SMS); or by any other electronic means is allowed provided that the rules for such voting have been developed by the CNC and agreed upon for use by the participants of that meeting. 12. FUNCTIONS OF THE CONGRESS EXECUTIVE COMMITTEE AND DUTIES OF ITS MEMBERS 12.1 The CEC is the main administrative authority of the Party and the principal body charged with implementing the resolutions of the Congress National Committee It is also the responsibility of the CEC to lead the policy development of the party and to act within the best interest of the Party in between CNC meetings DUTIES OF THE PRESIDENT The President shall: Have the primary responsibility for leading the Party and to be its key representative both domestically and internationally; Be the principal custodian of the policies of the Party in all spheres of the party s operations; Call, and preside over regular meetings with the Provincial Leaders of the Party in the Legislatures to ensure that the policies of the Party guide the work of the Party in Parliament and all the Legislatures; and as appropriate guide the work of the Party when in government; Guide the Political Education Programme for the members and supporters of the party; Report to the CNC regarding the State of the Party in Parliament; Report to the CNC regarding the performance of all his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC; Provide a Political Report to the CNC, the National Congress and the Policy Congress and any other Party event as appropriate. 12 REV 2

14 12.4 DUTIES OF THE DEPUTY PRESIDENT The Deputy President shall: Deputise for the President; Collaborate with the Chairpersons of the Provinces to ensure the effective establishment of Congress Provincial Committees; Report to the CNC regarding the performance of all his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC DUTIES OF THE NATIONAL CHAIRPERSON The National Chairperson shall: Preside over all the meetings convened by the Congress Executive Committee; Collaborate with the Chairpersons of the Chapters of the party to ensure the effective functioning of these Chapters; Ensure that the structures of the party outside South Africa are established; Report to the CNC regarding the performance of all his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC DUTIES OF THE GENERAL SECRETARY The General Secretary shall: Put effective measures in place for the smooth running of the Party; Upon recommendation by the CEC, issue notices to convened meetings for the specific purpose agreed by the committee; Maintain an the effective record of all minutes of the meetings convened by the CEC; Be the custodian of the records and documents of the party; Issue all correspondence on behalf of the CEC, NOB and CNC; Report to the CNC with reference to the administrative state of the party structures; Capacitate the sub-committees of the CNC to perform their functions; Report to the CNC regarding the performance of all his / her functions as well as of the performance of any other duties and tasks as determined by the CNC; Provide an organisational report to the CNC, and State of the Party Report the National Congress and any Extra-Ordinary National Congress as appropriate DUTIES OF THE DEPUTY GENERAL SECRETARY The Deputy General Secretary shall: Deputise for the General Secretary; Establish a political and administrative desk for the public representatives of the party; Produce a training manual for public representatives of the party; Report to the CNC regarding the performance of all his / or her functions as well as of the performance of any other duties and tasks as determined and allocated by the CNC DUTIES OF THE TREASURER The Treasurer shall: Ensure that COPE remains financially viable Develop and implement the Party s financial policies and plans; Annually present a financial report and audited financial statements to the CNC Present the Financial Report of the party to National Congress; 13 REV 2

15 Recommend to the CNC, and once approved implement, policies and plans for the establishment and maintenance of an effective, efficient and transparent system of financial management and reporting, risk management and internal controls; Recommend to the CNC, and once approved implement, frameworks and systems for ethical and transparent fundraising and investment; Establish and chair the National Finance Committee which shall be composed of all Provincial Treasurers and any other additional members that the Committee deems fit to invite; Open and administer the national bank account (s) of the Party in accordance with the rules as determined by the CNC; Approve the opening and administering of bank accounts by structures of the party at a provincial and municipal level and any other level as approved by the CNC; Receive financial reports from the Chief Whip and or accounting officer of COPE in Parliament; Report to the CNC regarding the performance of his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC. 13. FUNCTIONS OF THE NATIONAL OFFICE BEARERS COMMITTEE 13.1 The National Office Bearer Committee shall be composed of the CEC and twelve (12) additional members. The twelve additional members will further be sub-divided into the organisational division and political division The function of the National Office Bearer Committee is to build the party and advance its social democratic ideology national and globally. 14. COMPOSITION OF THE ORGANISATIONAL DIVISION OF THE NOB AND DUTIES OF ITS MEMBERS 14.1 The Organisational division of the NOB is composed of Secretary for Membership Development Secretary for Elections Secretary for Information, Communication and Advocacy Secretary for Organised Labor and Civil Society Liaison Secretary for Business Community Liaison Secretary for Projects Oversight and Development 14.2 The functions of the organizational division of the NOBs as a collective is to ensure that The party structures and machinery function smoothly during and in between congresses of the party, as well as during and in between the national, provincial and local government elections The party is visible in the media, in communities, nationally as well as internationally and is responsive to the needs and aspirations of the different communities of South African society for a better quality of life, especially the poor, marginalized and vulnerable 14.3 DUTIES OF THE SECRETARY FOR MEMBERSHIP DEVELOPMENT The Secretary for Membership Development shall: Ensure that a Membership Orientation Manual is readily available to all members of the party and is regularly updated; Ensure the continuous training of COPE members on the Constitution, rule of law and the effective functioning of government and Party policies; 14 REV 2

16 Create platforms for the members of COPE to be active citizens in the functioning of government and in advancement of the values of social democracy; Oversee the dissemination of the policies of the party to all Cope members, including the Chapters of the party; In collaboration with the Deputy President, provide training to the Provincial Executive Committees to effectively perform their functions; Report to the CNC regarding the performance of all his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC DUTIES OF THE SECRETARY FOR ELECTIONS The Secretary of Elections shall: Represent COPE at the IEC as the party s duly authorised person; In collaboration with the National Chairperson and the Deputy President submit an election strategy, programme and budget for the National and Provincial Elections as well as for the Local Government Elections and any By- Elections Provide the CNC with updates regarding voter trends and concerns; Develop and implement voter education and voter mobilisation programmes; In cooperation with the Congress Provincial Committees develop and implement party agent training programmes; Report to the CNC regarding the performance of all his / or her functions as well as of the performance of any other duties and tasks as determined and allocated by the CNC DUTIES OF THE SECRETARY FOR INFORMATION, COMMUNICATION AND ADVOCACY The Secretary for Information, Communication and Advocacy shall: In collaboration with the General Secretary, actively build and strengthen relations with all media practitioners as well as political analysts; In collaboration with the General Secretary, pursue a variety of means of building and maintaining the brand and image of COPE; In collaboration with the Deputy General Secretary, develop and implement programmes for the advocacy skills of all public representatives and spokespersons of the Party; Constantly provide positive news regarding COPE; Monitor the media and advise the National Office Bearers and the Congress National Committee about means to increase voter interest in COPE; Be the official Spokesperson of COPE and provide capacity to the other spokespersons of the party; Submit to the CNC a Communication Strategy Report for adoption and the implementation of a broader Communication and Advocacy Plan; Ensure that COPE utilises social media effectively and remains up to date with media instruments as they develop; Ensure the national production and distribution of the Party s paraphernalia to all its constitutional structures; Report to the CNC regarding the performance of all his / or her functions as well as of the performance of any other duties and tasks as determined and allocated by the CNC DUTIES OF THE SECRETARY FOR ORGANISED LABOUR AND CIVIL SOCIETY LIAISON The Secretary for Organised Labor and Civil Society Liaison shall: Develop relations between the Party and civil society, sector forums, traditional leaders and cultural practitioners; faith-based leaders and religious 15 REV 2

17 practitioners; persons with disabilities and culture based organisations Take overall responsibility for ensuring that the issues of the above-mentioned constituencies are taken into account in the development of party policies; Develop a database of members of the party and general public who are activists in the labor and civil society arenas so as to encourage them to contribute to the policy-making processes of the party in those areas; Attract the above-mentioned organizations so as to encourage their constituencies to vote for and support COPE; Report to the CNC regarding measures and possibilities for the strengthening of relations between the party and civil society and organised labor Report to the CNC regarding the performance of all his / or her functions as well as of the performance of any other duties and tasks as determined and allocated by the CNC DUTIESS OF THE SECRETARY FOR BUSINESS COMMUNITY LIAISON The Secretary for Business Community Liaison shall: Ensure that the CNC adopts a policy and a programme for local business establishments and community to assist in the development of the that sector; Facilitate a healthy and sustainable relationship between the party and the business community and seek to understand their issues so as to take them into account when shaping party policy; Working with the congress business and professionals chapter of the party develop a database of members of the party and general public who are in the business community so as to encourage them to contribute to the policy-making processes of the party in those areas; Ensure that the party, in all its formations, is well informed and participates effectively on matters related to the business community, especially small and medium size enterprises Ensure that information is provided to the business establishments and communities regarding developments in Parliament and / or Government that could affect their businesses; Report to the CNC regarding the performance of all his / or her functions as well as of the performance of any other duties and tasks as determined by the CNC DUTIES OF THE SECRETARY FOR PROJECT DEVELOPMENT AND OVERSIGHT The Secretary for Project Development and Oversight shall Identify and develop projects where COPE members can contribute to the upliftment of communities; Guide the identification of needs in communities and sections of society and the designing of possible business plans as well as seeking of sponsors for projects to address the challenges identified; Identify communities for, and develop a well-planned strategy of allocation of projects ensuring a fair and equitable allocation of project initiatives across the country prioritising the most needy; Oversee the implementation of projects and provide regular updates to the party Initiate and monitor campaigns as approved by National Congress and CNC; Report to the CNC regarding the performance of all his / or her functions as well as for the performance of any other duties and tasks as determined by the CNC. 16 REV 2

18 15. COMPOSITION OF THE POLITICAL DIVISION OF THE NOB AND DUTIES OF ITS MEMBERS 15.1 The political division of the NOB is composed of Deputy for the Economic Cluster; Deputy for the Land and Agriculture Cluster; Deputy for the Social Cluster; Deputy for the International Relations Cluster; Deputy for the Safety and Security Cluster and Deputy Governance and Administration Cluster The duties of the Deputies are cluster specific with their main purpose being too politically advance the principles of social democracy that COPE advocates and is committed to. Their duties are to: Monitor all the Bills in Parliament relating to the specific Cluster and propose bills to be introduced by the party; Actively inform South African citizens about these Bills; Monitor all the policies, projects and programmes of Government in the specific cluster and to actively inform South African citizens on how they can benefit from, or be adversely affected by, these policies, projects and programmes of Government; Be the spokesperson of the Party on any relevant cluster related issue; Determine the agenda for news in the specific cluster; Advise the CNC on policy positions with regard to the relevant cluster and to lead policy discussions on the specific cluster at the National Policy Conference; Advocate COPE s policy amongst citizens of South Africa regarding the relevant cluster; Establish and maintain sound relations with stakeholders within the relevant cluster; Collaborate with the Deputy General Secretary to provide the public representatives of COPE in this cluster with updated information and issues to be raised in Parliament, or the Legislatures or within the Municipal Councils Report to the CNC regarding the performance of all their respective duties as well as for the performance of any other duties and tasks as determined and allocated by the CNC. 16. COMPOSITION AND FUNCTIONS OF THE CNC 16.1 The Congress National Committee shall be composed of: The National Office Bearer Committee; The twenty-five (25) elected additional members of the CNC; The Provincial Chairpersons and Secretaries of the Congress Provincial Committees; The Chairpersons and Secretaries of the Chapters of COPE as established by the CNC or their deputies Not more than nine (9) ex-officio members with no right to vote and only for participation on a specific issue or meeting; 16.2 The functions of the CNC, as part of the national authoritative committee in between National Congresses are; to implement the resolutions of the National Congress to convene the National Congress; any Extra-Ordinary Congress; the National Policy Conference; the annual extended CNC meeting which includes all Congress Provincial Committees without the municipality and chapter representatives, all Metro Municipality and Regional Executive Committees and the members of 17 REV 2

19 the National Executive Committees of all COPE Chapters) Subject to the provisions of this Constitution, to have general authoritative responsibility over the affairs of COPE guided by the resolutions of the National Congress, the Extra-Ordinary Congress, and the National Policy Conference To perform these functions the CNC shall: Convene the National Office Bearer Committee and the Congress National Committee; Guide, Instruct and / or advise members and structures of COPE; Consider all matters as referred to the CEC, provided that due processes were followed within the structures of the Party; Overrule unilateral decisions and / or intervene when affairs of the party are conducted inappropriately or irregularly at all levels of the Party; Meet at least once a year with each Provincial Executive Committee to further improve the state of affairs of COPE within the respective provinces; Regularly monitor the political mandates and the performance of the Members of Parliament representing the Party; Appoint the whips of COPE in Parliament; Establish the roles and responsibilities of all the public representatives, including the whips; Establish the terms of reference for the evaluation of all the public representatives; Align the CNC to the functions of the national government and assign to additional CNC members specific responsibilities in order that the respective functions at the national government are kept under constant scrutiny; Conduct the National Congress election campaign in accordance with the Rules of Fair Campaign Practices as determined by the CNC; Establish the number of delegates, standards and rules of procedure for Congresses and Policy Conferences to afford all members of COPE fair opportunities to participate in the decisions of these Congresses and Conferences; Establish and implement rules for the dissolution of any constitutional structure of the Party that is unable to fulfil its constitutional mandate; Fill any vacant positions within the CNC with the exception of that of President of the Party; Formulate, implement and distribute statements of COPE s policies; Establish a National Electoral College that will propose to the CNC COPE candidates for the National and Provincial Elections. This Electoral College will consist of ten (10) independent persons who will not avail themselves as candidates for that election and have no conflict of interest of any kind; Establish a procedure and system for members of COPE to directly elect those members who stand as Premier or and Mayoral candidates of the party and who shall lead the party in the respective provincial legislatures and municipality councils in the case that the party does not win the election to occupy the premier or mayoral posts; Produce candidate lists for the National and Provincial Elections as well for the Local Government Elections and to submit these lists in time, in order of preference, to the 18 REV 2

20 Independent Electoral Commission ( the IEC ); Establish, in consultation with the Congress Provincial Committees, Provincial Electoral Colleges that will propose to the CPC s COPE candidates for the Municipal Councils during the Local Government Elections. This Electoral College will consist of ten (10) independent persons who will not avail themselves as candidates for that election and have no conflict of interest of any kind; Determine the membership fee and fee structure that will benefit all relevant structures of COPE; Determine the monthly public representative levy, the procedure for the payment of such and the processes for dealing with those who default in this regard; Determine the criteria for the eligibility of public representatives as well as the code of conduct and terms of reference for the evaluation of public representatives; Suspend and / or remove a member of COPE, including a public representative who violates the Code of Conduct as adopted by the CNC; Establish guidelines for substantive rules for ethical conduct by public officials and employees in national, provincial and local COPE-led governments, so as to ensure that the public is served by a party operating on the basis of integrity and high moral and ethical standards; To receive and deliberate on the progress reports of all the members of the NOB; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE. 17. THE PROVINCIAL, MUNICIPALITY AND BRANCH LEADERSHIP STRUCTURES 17.1 FUNCTION OF THE PROVINCIAL EXECUTIVE COMMITTEE (PEC) The PEC is the main administrative authority of the Party in the province and the principal implementation body of the resolutions of the Congress Provincial Committee It is also the responsibility of the PEC to lead the policy development within the Province and to act within the best interest of the Party in between CPC meetings The PEC shall further perform similar functions as their counterpart members of the Congress Executive Committee, provided that the Chairperson of the Province shall assume the similar functions as the President of the Party except for leading the party in the provincial legislature in the case that he or she is not the one elected as premier candidate of the party COMPOSITION AND FUNCTIONS OF THE CONGRESS PROVINCIAL COMMITTEE (CPC) The Congress Provincial Committee shall be composed of: The Provincial Executive Committee; Thirteen (13) elected additional members of the CPC of equal gender, ten of whom shall be assigned tasks aligned to the provincial government; The Chairperson and Secretary or their Deputies, of the Metro Municipality Executive Committee as appropriate and of the Regional Committees; 19 REV 2

21 The Provincial Chairperson and Secretary of the respective COPE Chapters within the Province as established by the CPC The functions of the CPC, as the provincial authoritative committee in between Provincial Congresses is; to implement the resolutions of the Provincial Congress. It shall thus have general authoritative responsibility over the affairs of COPE based on the resolutions of the Provincial Congress and the Provincial Policy Conference and to perform this function the CPC shall establish sub-committees to: Align the CPC to the functions of the provincial government and assign to ten of the additional CPC members specific responsibilities in order that the respective functions at the provincial government are kept under constant scrutiny; Conduct the Provincial Election campaign in accordance with Rules of Fair Campaign Practices as determined by the Congress National Committee; Fill any vacant positions within the Congress Provincial Committee pending the approval of such at the CNC; First submit candidate lists for the Local Government Elections to the CNC and thereafter to submit these approved lists, in order of preference, to the Independent Electoral Commission ( the IEC ); Monitor and evaluate the performance of the public representatives of COPE in the Provincial Legislature and those members of the province that represent COPE in Parliament, in accordance with the rules as determined by the CNC; Formulate, implement, and disseminate statements and policies of the party; Adopt and / or amend reports from the Provincial Disciplinary Committee; Assist the Congress Metro Municipality Committees, Congress Regional Committees and Congress Local Municipality Committees with their election campaigns and the education of voters; Receive and deliberate on progress reports of all CPC members; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE within the province FUNCTIONS OF THE CONGRESS METRO MUNICIPALITY EXECUTIVE COMMITTEE (MMEC) The MMEC is the main administrative authority of the Party in the Metro municipality and the principal implementation body of the resolutions of the Congress Metro Municipality Committee It is also the responsibility of the MMEC to lead the policy development within the Metro Municipality and to act in the best interest of the Party in between CMMC meetings The MMEC shall further perform similar functions as their counterpart members of the Provincial Executive Committee provided that the Metro Municipality Chairperson shall assume similar functions to those of the Chairperson of the Province except for leading the party in the Metro Municipality Council in the case that he or she is not the one elected as mayoral candidate of the party COMPOSITION AND FUNCTIONS OF THE CONGRESS METRO MUNICIPALITY COMMITTEE The Congress Metro Municipality Committee shall be composed of: The Metro Municipality Executive Committee; 20 REV 2

22 The thirteen (13) elected additional members of the CMMC; ten of whom shall be assigned tasks aligned to the Metro Municipality government; All Chairpersons and Secretaries or their Deputies, of the Congress Zonal Coordinating Committees which shall have been established in alignment with the local government coordinating structures in the Metro Municipality; and The Metro Municipality Chairpersons and Secretaries of the respective COPE Chapters within the boundaries of the Metro Municipality; The main function of the CMMC, as the Metro municipality authoritative committee in between Metro Municipality Congresses is to implement the resolutions of the Metro Municipality Congress It shall thus have general authoritative responsibility over the affairs of COPE based on the resolutions of the Metro Municipality Congress and the Metro Municipality Policy Conference and to perform this function the CMMC shall establish sub-committees to: Align the CMMC structure to those of the Metro municipality government structure and assign to ten of the additional CMMC members specific responsibilities in order that the respective functions at the Metro Municipality government are kept under constant scrutiny Conduct the Metro Municipal Election campaign in accordance with Rules of Fair Campaign Practices as determined by the Congress National Committee; Fill any vacant positions within the CMMC; With the assistance of the PEC, monitor and evaluate the performance of the public representatives of COPE in the Metro Municipality Council in accordance with the rules of the CNC; Formulate, implement, and disseminate statements and party policies; Raise and disburse monies needed for the successful operation of COPE; Assist the Branch Executive Committees with their election campaigns and the education of voters; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE within the municipal boundaries FUNCTIONS OF THE REGIONAL EXECUTIVE COMMITTEE (REC) The REC is the main administrative authority of the Party in the region and the principal implementation body of the resolutions of the Congress Regional Committee It is also the responsibility of the REC to lead the policy development within the Region and to act within the best interest of the Party in between Congress Regional Committee (CRC) meetings The REC shall further perform similar functions to their counterpart members of the Provincial Executive Committee provided that the Regional Chairperson shall assume similar functions as the Chairperson of the Province except for leading the party in the District Municipality Council in the case that he or she is not the one elected as executive mayoral candidate of the party COMPOSITION AND FUNCTIONS OF THE CONGRESS REGIONAL COMMITTEE (CRC) The Congress Regional Committee shall be composed of: The Regional Executive Committee; The thirteen (13) elected additional members of the CRC; ten of whom shall be assigned tasks aligned to the district municipality government; All Chairpersons and Secretaries or their Deputies, of the Congress Local Municipality Committees; and The Regional Chairpersons and Secretaries of the respective COPE Chapters within the boundaries of the district municipality; The main function of the CRC, as the regional authoritative committee in between Regional 21 REV 2

23 Congresses is to implement the resolutions of the Regional Congress. It shall thus have general authoritative responsibility over the affairs of COPE based on the resolutions of the Regional Congress and the Regional Policy Conference and in order to perform this function of the CRC shall establish subcommittees to: Align the CRC structure to that of the District municipality government structure and assign to ten of the additional CRC members specific responsibilities in order that the respective functions at the District Municipality government are kept under constant scrutiny Conduct the Regional Election campaign in accordance with Rules of Fair Campaign Practices as determined by the Congress National Committee; Fill any vacant positions within the CRC; With the assistance of the PEC, monitor and evaluate the performance of the public representatives of COPE in the Municipality Council in accordance with the rules of the CNC; Formulate, implement and disseminate party statements and policies; Raise and disburse monies needed for the successful operation of COPE; Assist the Local Municipality Executive Committees with their election campaigns and the education of voters; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE within the municipality boundaries FUNCTIONS OF THE LOCAL MUNICIPALITY EXECUTIVE COMMITTEE (LMEC) The LMEC is the main administrative authority of the Party in the Local municipality and the principal implementation body of the resolutions of the Congress Municipality Committee It is also the responsibility of the LMEC to lead the policy development within the Local Municipality and to act within the best interest of the Party in between CLMC meetings The LMEC shall further perform similar functions to their counterpart members of the Provincial Executive Committee provided that the Municipality Chairperson shall assume similar functions as the Chairperson of the Province except for leading the party in the Local Municipality Council in the case that he or she is not the one elected as mayoral candidate of the party COMPOSITION AND FUNCTIONS OF THE CONGRESS LOCAL MUNICIPALITY COMMITTEE (CLMC) The Congress Local Municipality Committee shall be composed of: The Local Municipality Executive Committee; The thirteen (13) elected additional members of the CLMC; ten of whom shall be assigned tasks aligned to the local municipality government; All Chairpersons and Secretaries or their Deputies, of the Congress Branch Committees; and The Local Municipality Chairpersons and Secretaries of the respective COPE Chapters within the boundaries of the Local Municipality; The main function of the CLMC, as the municipal authoritative committee in between Municipal Congresses is to implement the resolutions of the Municipal Congress. It shall thus have general authoritative responsibility over the affairs of COPE based on the resolutions of the Municipal Congress and the Municipal Policy Conference and to perform this function of the CLMC shall establish subcommittees to: Align the CLMC structure to that of the Local municipality government structure and assign to ten of the additional CLMC members specific responsibilities in order that the respective functions 22 REV 2

24 at the Local Municipality government are kept under constant scrutiny Conduct the Municipal Election campaign in accordance with Rules of Fair Campaign Practices as determined by the Congress National Committee; Fill any vacant positions within the CLMC; With the assistance of the PEC, monitor and evaluate the performance of the public representatives of COPE in the Local Municipality Council in accordance with the rules of the CNC; Formulate, implement, and disseminate party statements and policies; Raise and disburse monies needed for the successful operation of COPE; Assist the Branch Executive Committees with their election campaigns and the education of their voters; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE within the municipal boundaries FUNCTIONS OF THE BRANCH EXECUTIVE COMMITTEE (BEC) The BEC is the main administrative authority of the Party in the municipal ward and the principal implementation body of the resolutions of the Congress Branch Committee It is also the responsibility of the BEC to lead the policy development within the municipal ward and to act within the best interest of the Party in between CBC meetings The BEC shall further perform similar functions as their counterpart members of the Municipal Executive Committee. The Branch Chairperson shall assume similar functions as the Metro, Regional or Local Municipality Chairperson COMPOSITION AND FUNCTIONS OF THE CONGRESS BRANCH COMMITTEE (CBC) The Congress Branch Committee ( CBC ) shall be composed of: The Branch Executive Committee; Three (3) additional members as elected at the Branch Congress; Branch Chairperson and Secretary of the respective COPE Chapters within the boundaries of the Municipal ward; Two representatives from each VD Coordinating units within the ward; The main function of the CBC, as the municipal ward authoritative committee in between Branch Congresses is to implement the resolutions of the Branch Congress. It shall thus have general authoritative responsibility over the affairs of COPE based on the resolutions of the Branch Congress and the Branch Policy Conference and to perform this function of the CBC shall establish subcommittees to: Align the functions of the Congress Branch Committee to the responsibilities assigned to the ward councilor; Manage the activities of the branch; Conduct the municipal ward election campaign in accordance with the Rules of Fair Campaign Practices as determined by the Congress National Committee; Fill any vacant positions within the CBC; Implement, formulate and disseminate statements of Congress policies; Act upon all other matters as appropriate in order to carry out the provisions of this Constitution and the objectives of COPE within the municipal ward boundary; 23 REV 2

25 18. THE COPE BRANCH 18.1 COPE BRANCH IN SOUTH AFRICA A COPE Branch in South Africa shall be established by South Africans who want to promote the principles and character of COPE within a municipality ward as determined by the Independent Electoral Commission (IEC) and Municipal Demarcation Board (MDB) for purposes of voting during the Local Government Elections A COPE Branch shall be eligible to launch upon the successful registration of fifty (50) members within that municipal ward A Coordinating unit may only be established upon the successful registration of eleven (11) members within that voting district A member of COPE may only enroll and participate in the COPE Branch in which he / she is registered to vote for the Local Government Elections A South African will become a member of COPE upon the successful application and confirmation of such membership by the Office of the General Secretary in accordance with the rules as determined by the CNC For purposes of the National Congress, each country outside South Africa will be regarded as a district municipality district of the party with each continent being treated as a province Party members in a particular country may organise themselves and launch the town and / or state and / or country as well as continental structures of the Party in accordance with the official manual for the renewal of party structures VOTING DISTRICT COORDINATING UNITS Each voting district within a municipal ward shall consist of a coordinating unit whose functions shall be aligned to that of the Metro or local municipality council government structure as appropriate The coordinating unit shall also be responsible for contributing to policy development within the Party taking into account the local realities in the voting district The coordinating unit shall be led by a coordinating chairperson as elected by the members of that voting district in accordance with the rules as set out by the CNC The coordinating unit shall consist of the chairperson and ten (10) coordinators A COPE BRANCH OUTSIDE SOUTH AFRICA Branches and Chapters of COPE shall be established for qualifying South Africans who reside outside the borders of the Republic of South Africa and who have shown an interest in obtaining membership of COPE Due to the unique nature of each country, the organisational structure of COPE in each country may be different, but will in the main be guided by the CNC A COPE branch outside South Africa shall be country-based with the minimum number of ten (100) members. 19. MEMBERSHIP TO COPE 19.1 CRITERIA FOR PARTY MEMBERSHIP Membership to COPE is obtainable for any South African who meets the following criteria: He / or She must desire to support the objectives and the principles of the party laid out in the Constitution of COPE and who wishes to be known and regarded as a member of COPE; Membership of COPE shall be applied for on an individual basis and shall be the a free and unforced expression of the applicant s personal preference and aspiration; 24 REV 2

26 He / or She must be a registered voter with the Independent Electoral Commission (IEC); He / or She must not be a current member of any other registered political party in South Africa; He / or She must pay the prescribed membership fee and complete the relevant documentation as determined by the CNC; Membership in COPE begins after the approval of the applicant s membership application by the Office of the General Secretary The CNC has a right to deny membership to a person and were this to happen, the General Secretary will communicate this to the applicant through any of the means of communication available He / or She must not have been expelled from COPE previously, except that anyone so expelled can apply for membership after a period of five (5) years of expulsion; 19.2 RIGHTS OF A COPE MEMBER A member of COPE shall have the right to: Identify with, belong to and actively participate in the life of the party, Seek, receive and impart information on all aspects of policies and activities of the Party and any of its Chapters as appropriate; Facilitate and take part in internal elections within COPE and be elected or appointed to any committee, structure, commission or delegation of the Party subject to the provisions of this Constitution; Place at the disposal of the Party and the country his or her availability and readiness to serve; Nominate and be nominated as a candidate for the National and Provincial Elections and the Local Government Elections Ensure that he / or she complies with the criteria as determined by the CNC to be elected as a public representative of COPE DUTIES OF COPE MEMBERS A member of the Congress of the People shall have the duty to: Actively participate in the activities of his / or her branch; Ensure his/her continual overall political development so as to contribute to both the quantitative growth as well as qualitative development of the Party; Deepen his/her understanding of the economic, social, cultural, political and other aspects of the country so as to influence the policies of COPE and to ensure that COPE s social democratic policies relate to the challenges and aspirations of South Africans and the fulfilment of the vision of the Party; Actively participate in the political programmes that advance the ideals of the Party, including the Chapters of the Party as appropriate, in a manner that is consistent with the democratic traditions and the values of the Party; Observe and uphold the decisions of the constitutional structures of the Party; Prevent all forms of intolerance especially racism, tribalism, sexism, religious and political intolerance or any other form of discrimination or chauvinism and combat propaganda detrimental to the ideals of the Party; Be registered as a voter, vote regularly and, encourage other South Africans to fulfil this important national duty of voting; Fulfil his/her civic duty and any other Party responsibilities; Conduct him/her in a manner that upholds the dignity of and reflects the integrity of the Party in whose name he / or she acts, and or in whose office he / or she serves; 25 REV 2

27 When in a responsibility of trust and / or leadership, to refrain from using his/or her office to gain special privileges, treatment and benefits for oneself, one s family and / or one s friends or anyone related one in any way; Refrain from acting, or purporting to act, in an official capacity in instances where his / or her independence and judgment is, or may be, affected by vested personal or private interest 19.4 TERMINATION OF MEMBERSHIP Membership to COPE shall be terminated upon: The death of a Member; The written resignation of a Member; The joining by the Member of another political party within South Africa; The expiration of the membership period based on the membership fees as paid by the Member; The registration of the Member as an Independent Candidate for any Local Government Election and / or as a candidate for a civic organisation that intends to register for any Local Government Election in which COPE is also registered to participate in. 20. LEADERSHIP IN COPE 20.1 ELIGIBILITY TO LEADERSHIP OF COPE A leader of COPE is a Member of COPE who was democratically elected by the respective structure of the Party at any Congress of COPE and in accordance with this Constitution and the rules as determined by the CNC Before the election of a Member of COPE into any leadership position he / or she must declare his / or her availability to serve in that specific position and confirm that he / or she is registered as a Member of COPE for the full duration of that relevant leadership position He / or she must also be eligible to represent the Party at Parliament and / or a Provincial Legislature and / or Municipality. If a person is later found not to be eligible for election as a Leader of COPE due to the non-compliance with the provisions of this Constitution the CNC must immediately declare the result of that leadership vote invalid and appoint an acting leader in that position A Member who has already declared his / or her availability for a certain leadership position is not eligible to declare himself / or herself available for any other leadership position except where permission for such had been granted by the CNC upon the request of that member In the event that a Leader of COPE resigns from his / or her leadership position he / or she will not be eligible to declare himself / or herself available for any leadership position within the Party except where permission for such has been granted by the CNC upon the request of that member Any full-time and / or part time employee of COPE is not eligible to declare himself / or herself available for any leadership position of COPE, except if a calendar year has passed since he / or she had resigned from that employment position CEASING TO HOLD OFFICE AS A LEADER OF COPE Any leader of COPE ceases to occupy his / or her leadership position upon: Resigning from that leadership position; Death; The lapse of membership; The termination of such membership by the CNC Being declared of unsound mind by a court in South Africa; Being convicted for an offence and sentenced to more than 12 months imprisonment without the option of a fine; 26 REV 2

28 Being declared an un-rehabilitated insolvent by a court in South Africa; Losing the confidence of a structure of COPE through the successful passage of a vote of no confidence in keeping with the below on Motion of no confidence in a leader of COPE MOTION OF NO CONFIDENCE IN A LEADER OF COPE A motion of no confidence may only approved if two thirds of the members of the respective committee vote in support of it and provided that such an action follows upon a recommendation of an independent investigation to take action against such a leader The period of no confidence will lapse at the commencement of the next electoral Congress. 21. PUBLIC REPRESENTATIVES OF COPE 21.1 A public representative of COPE is a Member of COPE who has been sworn in to occupy a representative office in Parliament and / or a Provincial Legislature and / or a Municipality Council (hereinafter referred to as the Legislatures ) COPE may only be represented in the Legislatures by a Member of COPE whose membership fees were paid in advance and in full for the duration of the term in public office It is the responsibility of the public representative to ensure that the monthly public representative levies are paid on time every time A candidate of the Party may only be listed at the IEC as a candidate if he / or she has signed the Code of Conduct for Public Representatives of COPE A public representative of COPE may be removed from that office by the Congress National Committee on: Expiry of his / or her membership; Three consecutive non-payment of his / or her monthly public representative levy; The outcome of a COPE disciplinary hearing; Being unsuccessful in the COPE Public Representative Evaluation for three consecutive times. 22. DISCIPLINARY AND APPEALS COMMITTEES 22.1 The CNC shall adopt a policy for the code of conduct and disciplinary procedure for all members, leaders and public representatives of COPE This disciplinary policy shall require the establishment of independent disciplinary and appeals committees to adjudicate on matters that deal with conduct and violation of this constitution These disciplinary committees must make recommendations to the CNC and CPC s for the appropriate measures to be taken against the relevant accused members of the Party and upon the adoption of the said recommendation to determine the outcome at the conclusion of the full process. 23. NAMING OF PARTY STRUCTURES 23.1 Party structures of COPE may be named only in accordance with the rules determined by the Congress National Committee The names of the Party structures and the processes to be followed for such naming shall be inclusive, unifying, educative and democratically arrived at. Preferably this will be done by consensus it the structure where the naming is proposed In order to ensure uniformity and simplicity, the Congress Provincial Committee of the Party shall bear the names of the geographic space that they represent as recognised in the Constitution of South Africa. 27 REV 2

29 23.4 The General Secretary of the Party shall keep a record of, and publish, all the names used by the structures of the Party so as to avoid duplication, encourage creativity and promote diversity. CONGRESS RESOLUTIONS JAN The principles and procedures for the naming of Party structures shall apply to all structures of the Party, its Chapters and any projects or programmes supported by the Party where the Party has naming rights A structure may bear the name of an individual whose integrity is unanimously recognised as being beyond reproach The Congress National Committee must confirm the name as proposed by the structure. THE END 28 REV 2

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