Chapter Two - General Organisational Principles of the party

2.1        GENERAL STRUCTURE OF THE PARTY

2.1.1     The Party consists of members who are organised in and function democratically through the organisational formations of the Party.

2.1.2     The organisational formations of the Party are set out in this Constitution, and consist of formations at federal, provincial, and local level.

2.1.3      The formations may also include formations at regional and sub-regional level depending upon the circumstances of each province and the provisions of the provincial constitution.

2.1.4       At local level the Party must establish branches with democratically elected branch committees, and strive to establish a branch in every ward within the Republic of South Africa.

2.1.5       Branches are the basic organisational units of the Party and every member of the Party must be a member of a Branch and must exercise his or her rights and privileges as a member through his or her Branch and its elected representatives and delegates.

2.1.6        The Party must establish constituencies as organisational units above the branches. Such constituencies must be delimited taking local circumstances into account and must cover all of the wards within the geographical area concerned.

2.1.7        Where constituencies have been delimited and allocated by the regional or provincial structures concerned after consultation with the branches in the area, a democratically elected constituency committee assumes responsibilities in terms of the provincial constitution.

2.1.8      At provincial level the Party must establish a provincial congress for every province in the Republic of South Africa .

2.1.9         Provincial Congresses may establish Provincial Councils as set out in their Provincial Constitutions that fairly reflect the profile of the composition of their Congresses.

2.1.10      Provincial Congresses must establish a Provincial Executive and other committees as may be provided for in their Provincial Constitutions.

2.1.11      At national level the Party must establish a Federal Congress and the other formations provided for in this constitution.

2.1.12       The Party is assisted and supported by the Democratic Alliance Women’s Network, the Democratic Alliance Youth, and other bodies which function in terms of this Constitution and in terms of Rules or Constitutions approved by the Federal Council.

2.1.13        The Federal Congress is the highest level at which the democratically expressed will of the members is stated and the Federal Congress is thus the highest authority in respect of all matters in the Party, subject to the provisions of this constitution.

2.1.14      Formations in the Party have the authority, powers and functions set out in this constitution and in the Provincial Constitutions.

2.2.    NOMINATION OF CANDIDATES

2.2.1    The Federal Council must adopt nomination regulations for the selection of candidates to public representative bodies in all spheres of government.

2.2.2    Those regulations must make provision for provincial and local variations to suit the circumstances of the provinces. Detailed written grounds must be supplied motivating variations by the province and/or local formation concerned.

2.2.3    Regulations for the nomination and selection of candidates for the National Assembly must provide for provincial lists only.
2.3    VOTING

2.3.1    Subject to the provisions of this constitution, voting at meetings of all bodies of the Party is by a show of hands, unless secret ballot is required by the person presiding or by one-tenth of the members present;

2.3.2    Decisions at all meetings are taken by a majority of members present and voting, provided that:

2.3.2.1    a teleconference shall only be regarded as a meeting if a quorum of the participants is present and if notice of such a teleconference has been given to the members; and further provided that, where a secret ballot is requested, voting shall take place at a special meeting called thereafter;

2.3.2.2    the Federal Council may, in exceptional circumstances, allow distance voting by a member not present at the relevant meeting in cases of meetings of Federal structures of the Party, but who has heard the deliberations; and

2.3.2.3    the presiding officer at a meeting has a casting as well as a deliberative vote.

2.3.3    The membership of the Party is audited on 31 May or such other date as the Federal Council from time to time decides. A member of the Party who is a member on the audit date is entitled to vote at all meetings of the Party subsequent to that date until the next audit date. Members who join the Party or renew their membership after the audit date, shall be entitled to vote at all meetings 30 days after the date of joining or renewal: provided that the Provincial and Regional Executive may determine an appropriate cut-off date for voting by new members at inaugural general meetings.

2.3.4    All elections to office within the Party involving the election of more than one person to an office must be by a proportional voting system approved by the Federal Council.

2.4    POLICY

2.4.1    The supreme policy-making body of the Party is the Federal Congress in session. Proposals affecting the Vision or the Principles of the Party as contained in this constitution shall not be debated or decided upon unless four weeks prior written notice has been given to delegates to Congress, or in the event of such notice not having been given, by a four-fifths majority vote of all those present and voting, the Federal Congress agrees to debate and decide upon such proposals.

2.4.2    When the Federal Congress is not in session, the Federal Council may formulate policy in matters where no policy has been stated or where the stated policy is not clear or needs to be specifically applied, expressed, amended or expanded in accordance with the Vision and the Principles of the Party.

2.4.3    When the Federal Congress and Federal Council are not in session, the Leader and the Caucuses have policy functions that are dealt with elsewhere in this constitution.

2.4.4    Provincial Congresses of the Party may adopt policy on matters that are within the competence of the provinces in terms of the Constitution of South Africa provided that they must not contradict the Vision and the Principles of the Party or a policy decision of the Federal Congress or Federal Council.

2.5    STANDARDS OF CONDUCT OF PARTY MEMBERS

    2.5.1    All Party members are subject to the discipline of the Party and submit to the provisions of this constitution in regard to rules on conduct and to the disciplinary procedures set out in Chapter 9.

    2.5.2    All Party members submit to the right of the Party, subject to 2.5.5, to remove any public representative from office on the grounds of incompetence, inefficiency or incapacity.

    2.5.3    Any member, including a public representative, is guilty of misconduct if he or she:

2.5.3.1    publicly opposes the Party’s principles or repeatedly opposes published party policies, except in or through the appropriate Party structures;

2.5.3.2    deliberately acts in a way which impacts negatively on the image or performance of the Party;

2.5.3.3    acts in any manner whatsoever which results in him or her being found guilty of a serious criminal offence by a court of first instance;

2.5.3.4    fails to carry out his or her duties or responsibilities according to standards set by the Federal Council of the Party or of the relevant Provincial or Regional Council as embodied in the applicable Code of Conduct, or to standards required by any statutory rules of conduct required by the public office he or she holds;

2.5.3.5    brings the good name of the Party into disrepute or harms the interests of the Party;

2.5.3.6    acts in a manner that is unreasonable and detrimental to internal co-operation within the Party;

2.5.3.7    unreasonably fails to comply with or rejects decisions of the official formations of the Party;

2.5.3.8    submits or attempts to submit false membership forms or commits or attempts to commit membership fraud in any way;

2.5.3.9    contravenes any of the explicit Party decisions or regulations for the appropriation of Party finances;

2.5.3.10    collects money on behalf of or in the name of the Party or any of its structures without depositing such money in a bank account opened and operated in terms of procedures approved by the Federal Finance Committee and/or operates a bank account in which Party money is deposited without the approval of the Federal Finance Committee or a structure of the Party authorized by it;

2.5.3.11    in any election for office mobilizes or attempts to mobilize discrimination against or opposition to any person on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.

2.5.4    A public representative may be removed from office on the grounds of incompetence, inefficiency or incapacity, but only in terms of the procedures laid down in Chapter 9.

2.5.5    Subject to 3.5, disciplinary action against any public representative or any member which results in that member’s membership being terminated or his or her privileges being curtailed, can only be taken in terms of Chapter 9.

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