Chapter Four - Provinces and Provincial Constitutions

4.1    Each province must have a provincial constitution that must provide for:

4.1.1        a Provincial Congress,
4.1.2        a Provincial Council,
4.1.3        a Provincial Executive,
4.1.4        Constituency Committees and
4.1.5        Branch Committees

with all the appropriate and relevant provisions relating to those bodies: provided that a Provincial Constitution may make provision for Regions and Regional Councils as institutional structures between Constituencies and Congress and may in such instance omit a Provincial Council.

4.2    Branches must be represented at Constituency Committee level and Constituency Committees at Provincial Council level: provided that where Regional Councils are created, Constituency Committees must be represented at Regional Council level and Regional Councils at Provincial Council level.

4.3    Provincial constitutions are intended to suit local conditions that may differ from province to province, and may therefore with the approval of the Federal Council deviate from this constitution to the extent that provision is made herein for such departure.

4.4    Any departure in a Provincial Constitution from the provisions of this constitution must be in clear and concise terms.

4.5    A Province must within six months after the acceptance of the amendments to Chapter 3 and Chapter 4 at Federal Congress in May 2007, amend their Provincial Constitutions to implement the changes: provided that if no Provincial Congress takes place within that period, the province must implement the changes by way of rules adopted by the Provincial Council or Provincial Executive, which rules shall have the status and effect of constitutional imperatives.

4.6    All provincial constitutions or amendments thereof must be submitted to the Federal Council for approval immediately after the adoption thereof, or such further limited period as the Federal Council may permit.

4.7    BRANCHES AND CONSTITUENCIES

The provisions of Chapter 3 of this constitution in regard to branches and constituencies will apply in all respects to all provinces, unless the Federal Council approves of a deviation that conforms to clauses 4.1 to 4.4 above and is clearly set out in a Provincial Constitution.

4.8    REGIONAL STRUCTURE

4.8.1    If a Provincial Constitution makes provision for regions and Regional Councils or other regional structures, that constitution must clearly set out the powers and duties of such structures and how such structures are composed in order to comply with clauses 4.1 to 4.4 above.

4.8.2    The establishment of regional structures is subject to the general principles referred to in clauses 4.2 and 4.3 and a Provincial Constitution must give effect thereto.

4.8.3    Any amendments to a Provincial Constitution only takes effect upon the approval of that amendment by the Federal Council.

4.9    CONGRESS, PROVINCIAL COUNCIL AND PROVINCIAL EXECUTIVE

4.9.1    a Provincial Congress, Provincial Council and Provincial Executive must be composed such as to fairly represent the members of the Party in that province and subject to the provisions of the Federal Constitution in regard to representation from lower to higher formations of the Party.

4.9.2    The Provincial Constitution must clearly set out how its provincial delegates to the Federal Council are determined.

4.9.3    A Provincial Council and Provincial Executive must:

4.9.3.1    ensure that all structures of the Party in the province are regularly elected;

4.9.3.2    ensure that all structures function properly and in terms of the requirements of the Federal and Provincial Constitutions;

4.9.3.3    prescribe systems that will help to ensure democracy, transparency and good governance;

4.9.3.4    make it possible for the Federal Council and the Federal Executive to provide leadership in campaigns and endeavours of a national nature with the co-operation and support of the provinces;

4.9.3.5    take responsibility for the financial affairs of the province.

4.10    VOTING AND REPRESENTATION

4.10.1    Elections to office and in particular where representatives from a lower structure to a higher formation are elected, must be by a proportional voting system recognised by the Federal Council.

4.10.2    The system of representation from subordinate bodies to higher formations must provide:

4.10.2.1    for persons who are not public representatives to be active at all levels;

4.10.2.2    for public representatives in all spheres to be present or be represented; and

4.10.2.3    the need for both votes cast in the last election of a national nature and for membership numbers to be taken into account when determining representation above branch level.

4.11    FAILURE BY PROVINCES

4.11.1       If a province:

4.11.1.1    fails to comply with the provisions of its own constitution;

4.11.1.2    becomes unable to meet its financial commitments;

4.11.1.3    cannot function properly due to internal strife or lack of leadership

the Federal Council may take steps to rectify the situation.

4.11.2    The steps referred to above may include a directive that the administration of the Province or any aspects thereof may be taken over by a designated Party official or body.

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