Chapter Five - Federal Structures

5.1    FEDERAL CONGRESS

5.1.1    The supreme policy-making and governing body of the party is the Federal Congress in session.

5.1.2    The Federal Congress generally meets at least once every two years but must be convened at any time by a two-thirds majority vote of the Federal Executive, a two-thirds majority vote of the Federal Council, or when requested by a petition signed by at least five thousand members of the Party.

5.1.3        The Congress comprises:

5.1.3.1    the Leader;

5.1.3.2    the Federal Chairperson;

5.1.3.3    the three Deputy Federal Chairpersons;

5.1.3.4    the Chairperson and Deputy Chairperson of the Federal Council;

5.1.3.5    the Federal Finance Chairperson;

5.1.3.6    the Chief Executive Officer;

5.1.3.7    any co-opted members of the Federal Executive;

5.1.3.8    the Provincial Leader, one Deputy Provincial Leader and the Provincial Chairperson, if any, per province;

5.1.3.9    all Members of Parliament and Members of Provincial Legislatures;

5.1.3.10        local government councillors allocated to the provinces on the basis of a fixed ratio of 1:4, being four local government councillors to each Member of Parliament and Member of the Provincial Parliament in that province;

5.1.3.11        the Federal Leader, Deputy Federal Leader, the Federal Chairperson and Provincial Leaders of the Democratic Alliance Youth;

5.1.3.12    the Federal Leader, Deputy Federal Leader, the Federal Chairperson and Provincial Leaders of the Democratic Alliance Women’s Network;

5.1.3.13    delegates equal to either two percent of the audited membership of the Party, or such other adjusted figure as may agreed upon by the Federal Council to cater for variations in that membership, allocated to the provinces and regions, if they exist, on the basis of the votes cast for the Party in the most recent election of a national nature, and elected by a proportional voting system approved by the Federal Council;

5.1.3.14    other persons invited by the Leader or the Federal Chairperson, with the approval of the Federal Council, provided that such persons may not vote.

5.1.4    The Federal Congress elects the Leader, the Federal Chairperson and the Deputy Federal Chairpersons.

5.1.5    The Federal Chairperson or one of the Deputy Chairpersons, assigned by the Federal Chairperson, acts as the chairperson of the Federal Congress.

5.1.6    The Federal Executive must take all decisions relevant to the organisation of the Federal Congress including the date, venue and agenda.

5.1.7    The Federal Congress takes decisions on all aspects of policy, organisation, finance and discipline, and all such decisions are binding on the Party, provided that it may not repeal or alter the Vision, the Principles or the Programme of Action of the Party as set out in this Constitution unless that repeal or alteration is agreed to by not less than four-fifths of the registered delegates at that Congress.

5.2    FEDERAL COUNCIL

5.2.1    There must be a Federal Council of the Party.

5.2.2    When the Federal Congress is not in session, the Federal Council is the policy-making and governing body of the Party.

5.2.3     The Federal Council comprises:

5.2.3.1    the Leader;

5.2.3.2    the Federal Chairperson;

5.2.3.3    the three Deputy Federal Chairpersons;

5.2.3.4    the Chairperson of the Federal Council, who chairs meetings;

5.2.3.5    the Deputy Chairperson of the Federal Council, who chairs meetings in the absence of the Chairperson of the Federal Council;

5.2.3.6    the Federal Finance Chairperson;

5.2.3.7    the Chairperson of the Federal Legal Commission;

5.2.3.8    the Chief Whip of the Parliamentary Caucus;

5.2.3.9    the Provincial Leaders or their nominees;

5.2.3.10   the Provincial Chairpersons;

5.2.3.11    the Chairpersons of regional councils of the Party in whose area of jurisdiction at least 80 000 votes were cast for the Democratic Alliance at the most recent national election;

5.2.3.12    the Federal Leader of the Democratic Alliance Youth, or his or her nominee;

5.2.3.13    the Federal Leader of the Democratic Alliance Women’s Network or her nominee;

5.2.3.14    the Chairperson of the Organisation of Democratic Alliance Members of Provincial Legislatures, or his or her nominee;

5.2.3.15    the Chairperson of the Association of Democratic Alliance Councillors, or his or her nominee;

5.2.3.16    the Chief Executive Officer;

5.2.3.17    any co-opted members of the Federal Executive;

5.2.3.18    twenty four (24) Members of Parliament representing the Party, allocated to the provinces proportionately on the basis of votes cast at the most recent election of a national nature and elected by the Members of Parliament of the province concerned by a proportional voting system approved by the Federal Council, but subject to the condition that each province which elected a Member to Parliament at the most recent election shall be entitled to at least one representative under this clause;

5.2.3.19    twenty four (24) Members of Provincial Legislatures representing the Party, allocated to the provinces proportionately on the basis of votes cast at the most recent election of a national nature and elected by the Members of the Provincial Legislature of the province concerned by a proportional voting system approved by the Federal Council, but subject to the condition that each province which elected a Member to a Provincial Legislature at the most recent election shall be entitled to at least one representative under this clause;

5.2.3.20    twenty four (24) local government councillors representing the Party, allocated to the provinces proportionately on the basis of the votes cast at the most recent election of a national nature and elected by the provincial organisation of the Association of Democratic Alliance Councillors by a proportional voting system approved by the Federal Council, but subject to the condition that each province shall obtain at least one representative under this clause;

5.2.3.21    twenty four (24) members of the Party who are not public representatives, or their alternates, allocated to the provinces proportionately on the basis of the votes cast at the most recent election of a national nature and elected by the province concerned by a proportional voting system approved by the Federal Council, but subject to the condition that each province must obtain at least one representative under this clause;

5.2.3.22    any additional members, up to six, co-opted by the persons referred to above, subject to a two thirds majority of the Federal Council meeting approving each co-option by secret ballot;

5.2.3.23    one staff member from each province designated by the Provincial Chairperson, without voting rights.

5.2.3.24    All members of the Federal Executive who are not otherwise members of the Federal Council.

5.2.4        Election of Federal Council Office Bearers

5.2.4.1    The Federal Council must at its first ordinary meeting held after a Federal Congress elect a Chairperson, Deputy Chairperson, and a Federal Chairperson of Finance, who automatically become members of the Federal Council upon their election.

5.2.4.2    Existing Federal Council office bearers as defined in 5.2.4.1 remain in office until the first ordinary meeting of the Federal Council after a Federal Congress.

5.2.4.3    Any casual vacancy which exists or which may arise before the holding of the first ordinary meeting of the Federal Council may be filled on an interim basis by an election held by the Federal Executive but any office bearers so elected must vacate office to enable an election to take place at the Federal Council meeting.

5.2.5       Sub-committees and audit committee

5.2.5.1    The Federal Council may establish sub-committees and may assign to them functions, duties and powers consistent with this costitution and must establish an Audit Committee consisting of:
5.2.5.1.1    the Federal Chairperson of Finance;

5.2.5.1.2    the National Director of Finance;

5.2.5.1.3    the National Executive Director;

5.2.5.1.4    four other suitably qualified representatives, appointed by the Federal Finance Committee, who must not be employees of the Party or elected representatives of the Party.

5.2.5.2    The Audit Committee will elect its own chairperson and determine its own rules and procedures.

5.2.5.3    The obligations and activities of the Audit Committee will be guided by the terms of the Audit Committee Charter which must be adopted by the Federal Council and confirmed at the next Federal Congress.

5.2.6        Prescribing rules and regulations

5.2.6.1    The Federal Council must prescribe or approve regulations for the selection of candidates for the National Assembly and for the National Council of Provinces;

5.2.6.2    The Federal Council must meet at least twice a year at times and places determined by the Chairperson, and is obliged to do so by decision of the Federal Executive or when requested by a petition signed by at least 30% of its members.

5.2.6.3    A majority of the members of the Federal Council constitutes a quorum.

5.2.6.4    In years when no Federal Congress is held, the Federal Council must invite provinces and regions to submit resolutions concerning policy, organisation, finance and discipline for consideration and decision by the Federal Council but those decisions may not repeal or alter this Constitution.

5.2.6.5    Policy resolutions must be submitted in writing to all members of the Federal Council and to the Member of Parliament appointed as national spokesperson for the portfolio to which the policy resolution relates, 14 days before the Federal Council meeting. Similarly, notice should be given to provincial spokespersons or to the Association of Democratic Alliance Councillors if provincial government or local government matters are to be debated.

5.3    FEDERAL EXECUTIVE

5.3.1    There must be a Federal Executive of the party which comprises:

5.3.1.1    the Leader;

5.3.1.2    the Federal Chairperson;

5.3.1.3    the three Deputy Federal Chairpersons;

5.3.1.4    the Chairperson of the Federal Council, who chairs meetings of the Federal Executive;

5.3.1.5    the Deputy Chairperson of the Federal Council, who chairs meetings in the absence of the Chairperson of the Federal Council;

5.3.1.6    the leaders of the Party in the National Assembly and the National Council of Provinces if they are not already members;

5.3.1.7    the Federal Finance Chairperson;

5.3.1.8    the Chief Whip of the Parliamentary Caucus;

5.3.1.9    the Provincial Leaders or their nominees;

5.3.1.10    the Federal Leader of the Democratic Alliance Youth, or his or her nominee;

5.3.1.11    the Federal Leader of the Democratic Alliance Women’s Network or her nominee;

5.3.1.12    the Chairperson of the Organisation of Democratic Alliance Members of Provincial Legislatures, or his or her nominee;

5.3.1.13    the Chairperson of the Association of Democratic Alliance Councillors, or his or her nominee;

5.3.1.14    the Chief Executive Officer;

5.3.1.15    the National Executive Director;

5.3.1.16    up to six members co-opted by a two-thirds majority of the Federal Executive by secret ballot.

5.3.2    Meetings, powers and functions of Federal Executive

5.3.2.1    The Federal Executive must meet regularly and whenever the Leader or the Chairperson of the Federal Council so determines, or when at least one half of its members request a meeting.

5.3.2.2    The majority of the members of the Federal Executive constitutes a quorum.

5.3.2.3    The Federal Executive may invite one or more persons to attend, but not to vote at any of its meetings.

5.3.3        The Federal Executive:

5.3.3.1    performs the functions and exercises the powers of the Federal Council when the Council is not in session;

5.3.3.2    implements the decisions of the Federal Council;

5.3.3.3    appoints federal employees of the Party;

5.3.3.4    controls and directs activities of the Party;

5.3.3.5    subject to this constitution and the constitutions of the provinces, takes decisions and makes regulations, binding on all party structures, concerning membership administration, organisation, finance, discipline and other matters affecting the welfare of the Party;

5.3.3.6    in consultation with the respective province or region, sets and monitors performance targets for each province and region;

5.3.4    If a province or region fails to implement decisions by the Federal Executive, and further fails to comply with a notice to correct the default within 30 days, the Federal Executive may take corrective measures to ensure the compliance by the province with the requirements of the Federal Executive.

5.3.5    The Federal Executive may delegate any of its powers to any person or committee and may establish sub-committees and assign to them such functions, duties and powers not inconsistent with this Constitution, as it may deem fit.

5.3.6    The Federal Executive must take all decisions relevant to the organisation of the Federal Congress including the date, venue and agenda.

5.4    NATIONAL MANAGEMENT COMMITTEE

The day-to-day management of the administration of the Party is entrusted to a National Management Committee consisting of the Leader, the Federal Chairperson, the Chairperson and the Deputy Chairperson of the Federal Council, the Chairperson of the Federal Finance Committee, the Executive Director and such other persons as may be co-opted to assist.

“Everywhere the DA governs, we do it better!”

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