Chapter 1: Name

 

            1.1       The name of the organisation being constituted shall be the Human Rights Front of  South Africa - HRFSA, hereinafter referred to as the HRF. This title shall be used on all correspondence and documents issued by the Party. The body may also be known verbally by the acronyms and terms:

•                     the HRF or, the HRFSA (english acronyms)

•                     die MRF of, die MRFSA (afrikaans acronyms)

•                     the Human Rights Front (english)

•                     the Human Rights Party (english)

•                     die Menseregtefront (van Suid Afrika). (afrikaans)

•                     Iqela Ilungelo Lamalungelo Oluntuhe (xhosa)

•                     Iqembu Ilungelo Lamalungelo Abantu (zulu)

 

            1.2       The logo and colours of the HRF are as described in the attached schedule.

 

Chapter 2: Aims and Objectives

 

The aims and objectives of the HRF shall be:

 

2.1              To uphold and defend the rights and civil liberties of all human beings as stipulated by the statutes contained in the Universal Declaration of Human Rights and, the Bill of Rights as enshrined in the South African Constitution.

2.2              To unite all the people of South Africa - regardless of race, gender, social class, or cultural minority -  for the complete liberation of the country from all forms of discrimination and oppression.

2.3              To promote the development of a sustainable and non-exploitative society through participation in electoral politics; non-violent activism; liaison with human rights, environmental protection and social development organisations; and the initiation of community-based empowerment projects.

2.4              To promote sustainable economic development for the benefit of all.

2.5              To attack and eradicate any draconian, fascist, or other types of State legislation which undermines universal human rights and the South African Constitution; and to defend the victims of such kinds of oppression.

2.6              To support and promote the rights of children and the disabled.

2.7              To support and advance the cause of the Global Greens Charter of 2012.

 

Chapter 3: The Character of the HRF

 

3.1  The HRF is a non-discrimate democratic human rights liberation movement.

3.2  HRF policies are determined by the membership and its leadership is accountable to

 the membership in terms of the procedures laid down in this Constitution.

3.3  The HRF contests elections as a registered political party drawing it's electoral

 support from all sections of South African Society.

3.4  The HRF shall in its composition and functioning, be non-racial, non-sexist and against

       any form of tribalistic exclusivism or ethnic chauvinism.

3.5  While striving for the maximum unity of purpose and functioning, the HRF shall

       respect the linguistic, cultural and religious diversity of its members and all South

       Africans.

3.6  The HRF shall support the emancipation of women, fight sexism and ensure that             the voice of women is heard in the organisation and that women are properly                 represented at all levels.

3.7  The principles of freedom of speech and free circulation of ideas and information           shall operate within the HRF.

3.8  The HRF shall co-operate with religious bodies to provide for the recognition of the 

       spiritual needs of its members who subscribe to a religious belief system, as well as

       those who have non-religious or liberal spiritual philosophies.

3.9  The HRF values the protection and preservation of universal human rights and 

       promotes:

•                     non-violence;

•                     participatory "grassroots" democracy;

•                     spirituality;

•                     Constitutional acceptance of cultural minorities;

•                     the re-legalization of cannabis and other prohibited substances where the                        enforcement of prohibition law is shown to be more harmful to society                              than the substance itself; and

•                    actively challenging the Constitutionality of State-sponsored legislation.

 

Chapter 4: Membership

 

4.1  Membership of the HRF is open to all South Africans above the age of 18 years -  

       irrespective of race, colour and creed – who accept its principles, policies and

       programmes and are prepared to abide by its Constitution and rules.

4.2  Spouses or children of South Africans who have manifested a clear identification           with the South African people and are resident in South Africa may apply for                   membership.

4.3  All other persons who have manifested a clear identification with the South                     African  people and are resident in South Africa may apply for membership.

4.4  The National Executive Committee may, acting on its own or on the                                     recommendation of Constituency Associations or Provincial Executive Committees,         grant honorary membership to those men and women who do not qualify for                   membership under statutes 4.1, 4.2, and 4.3, but who have demonstrated an                     unwavering commitment to the HRF and its policies.

4.5  Applications for membership shall be considered by the Constituency Association           Executive Committee where such exists, and by the Regional Executive Committee,         Constituency Association if such an executive committee exists. The Constituency           Association Executive Committee, regional executive committee, (or such interim           structures as the Provincial Executive Committee or the National Executive                       Committee) may create from time to time to decide on applications, shall have the           power to accept or refuse any application for membership provided such                           acceptance or refusal shall be subject to review by the next highest organ of the               HRF.

4.6  Membership cards shall be issued to registered members of the HRF and to                       persons whose application for membership has been accepted, subject to review as         aforesaid, and, in all cases, subject to payment of the prescribed subscription. An             applicant shall be issued with an acknowledgement of provisional membership as         well as the details of the Constituency Association presiding over the area in which         the applicant resides, and any other available information on the local                               Constituency Association structures.

4.7              a) Provisional membership shall apply to persons who wish to join the HRF           for the first time, or who wish to re-join the HRF after a considerable lapse of time.

                   b) Provisional membership rights commence from the date of production of

       acknowledgement following receipt of the application and the appropriate                       membership subscription. A provisional member shall have the right to attend                 Constituency Association meetings only in a non-voting capacity.

4.8  Any objection to any application for membership may be made by the                               membership to the Constituency Association, regional or provincial secretary                   within 8 weeks of the notification.

4.9  At any time before the individual is accepted as a full member of the HRF, or in               exceptional circumstances even after the member has been admitted, the National         Secretary may rule that the application or the membership may be rejected if it               was obtained by invalid means.

4.10  In the absence of any objection from the structures and/or any ruling by the                     National Secretary, the applicant shall, on the expiry of 8 weeks from the date of             notification of provisional membership, become a full member of the HRF. The               provisional member shall at that time be transferred to the national membership           list as a full member as soon as is practicable.

4.11  The reasons for the rejection of an application for membership by the National               Secretary, or the objection to the application by the membership must be sent to             the individual applicant in writing.

4.12  Members shall pay an annual subscription fee as determined b the National                     Executive Committee.

4.13  Non-earning members or those living on reduced incomes will pay such fees as               determined by the National Executive Committee.

4.14  On being accepted into the HRF, a new member shall, in a language he or she                    knows well, make the following solemn declaration to the body or person                          designated to administer such oaths:

 

            I, …................, solemnly declare that I will abide by the objectives and policies of the Human Rights Front of South Africa – HRFSA as set out in its National Constitution and other duly adopted policy positions; that I am joining the organisation voluntarily and without motives of material advantage or personal gain, that I agree to respect its National Constitution and the structures, and to work as a loyal member of the organisation; that I will place my energies and skills at the disposal of the organisation and carry out tasks given to me, that I will work towards making the Human Rights Front of South Africa - HRSA an effective instrument of liberation in the hands of the people, and that I will defend the unity and integrity of the organisation and its principles, and combat any tendency towards disruption and factionalism.

 

4.15  The following acts will be regarded as an abuse of organisational rules, whether              committed by individuals or groups:                                                                                              a) The payment of membership subscription fees of the organisation for persons              or groups of persons who would otherwise be unwilling to pay their own                          subscriptions.

          b) The offer of reduced rate membership to those known by the individual or                  group making the offer to be ineligible for that category of membership.

          c) The recruitment of members who do not reside at an address claimed, where              this is done in order to manipulate Constituency Association meetings or the                    outcome of organizational votes.

4.16  The commission of any of the abuses described in statute 4.15 will be considered              as behaviour likely to invoke disciplinary proceedings.

4.17  Any member of the HRF who stands in an election for local, provincial, or                          national government elections or acts as the election agent or canvasser of a                    person standing for such election in opposition to a candidate duly endorsed by              the Provincial Executive Committee or National Executive Committee shall be                  ineligible to be or remain a member.

4.18  a) Any member who joins a political organisation or party other than the HRF or             a party in alliance with the HRF shall be automatically expelled by the PEC or NEC           where applicable.

         b) Any member who supports a political organisation or party other than an                     organisation in alliance with the HRF in a manner contrary to the aims, objectives           and policy of the HRF shall be liable for disciplinary action.

4.19  Members who fail to pay their subscription fees for three months and having                    been reminded of their lapse shall not be regarded as members in good standing            until they pay their arrears.

4.20  Membership by minors and their inclusion in the activities of the HRF, shall be                provided for and promoted.

 

Chapter 5: Rights and Duties of Members

 

5.1  Rights: A member of the HRF shall have the right to:

        a) Take a full and active part in the discussion, formulation and implementation              of the policy of the HRF.

        b) Receive and impart information on all aspects of HRF policy and activities.

        c) Offer constructive criticism of any member, official, policy programme or                        activity of the HRF within its structures.

        d) Take part in elections and be elected or appointed to any committee, structure,            commission or delegation of the HRF.

        e) Submit proposals or statements to the constituency association, province,                      region or NEC, provided such proposals or statements are submitted through the            appropriate structures.

5.2   Duties: A member of the HRF shall:

        a) Belong to and take an active part in the life of his or her branch.

        b) Take all necessary steps to understand and carry out the aims, policy and                      programme of the HRF.

        c) Explain the aims, policy and programme of the HRF to the people.

        d) Deepen his or her understanding of the social, cultural, political and economic            issues of South Africa.

        e) Combat propaganda detrimental to the interests of the HRF and defend the                  policy, aims and programme of the HRF.

        f) Combat human rights violations, State tyranny, racism, tribal chauvinism,                    sexism, religious and political intolerance or any other form of discrimination or            chauvinism.

        g) Observe discipline, behave honestly and locally carry out decisions of the                      majority and decisions of higher bodies.

        h) Inform his or her constituency association of movement to any other area and            report to the constituency association committee secretary on arriving at any new          area.

        i) Refrain from publishing and/or distributing any media without authorisation                which purports to be the view of any organised grouping, faction or tendency                  within the HRF.

        j) All members shall ensure that they are registered as voters in the constituency            where they live.

        k) HRF members who hold elective office in any sphere of governance at national,          provincial or local level are required to be members of the appropriate caucus, to            function within its rules and to abide by its decisions under the general provisions          of this Constitution and the constitutional structures of the HRF.

 

Chapter 6: Organisational Structure

 

6.1   The Confederation of Constituency Associations

6.1.1 The Human Rights Front is a Confederation of Constituency Associations, (CAs). (See Inter-Constituency Association Meetings of the Federation for a description of the conferences.)

6.1.2 The Constituency Association is the fundamental political, economic, and social unit of the HRF.

6.1.3 The CA is defined by electoral boundaries. It may encroach on neighbouring wards only when there is no active CA in that ward. CAs may form alliances to follow bioregional boundaries. Community Based CAs may transcend electoral boundaries. (E.g. universities, special interest groups, etc.)

6.1.4 The CA is the basic decision making body of the HRF, in so far as it acts in accordance with this Constitution. The CA is autonomous with respect to it's finances, choice of candidates, strategies, response to local issues, choice of decision making process, and other matters not specified in this Constitution as the express responsibility of the HRF.

6.1.5 In the event that the CA fails to put forth a candidate by the time the writ is dropped the responsibility to select a candidate defaults to the leader of the HRF in consultation with the local CA and any election coordinating committee.

6.1.6 The CA will have a minimum of five members who are members of the HRF. One will be the Chairperson of the CA, one will be the Chief Financial Officer. (C.F.O.) of the CA, and one will be the Secretary of the CA.

6.1.7 CAs may be decertified at the AGM or APC of the HRF.

6.2 Officers of the Human Rights Front

6.2.1 The following legally required officers of the HRF will be elected at the Annual General Meeting:

• President

• Deputy President

• National Chairperson

• Secretary-General

• Deputy Secretary-General

• Chief Financial Officer

• Treasurer General

6.2.2 The following HRF officers will also be elected at the AGM:

• Membership Secretary,

• Policy Co-ordinator,

• Fund Raising Co-ordinator,

• Newsletter Co-ordinator,

• members of a shadow cabinet as required.

6.2.3 The maximum number of officers on the executive council shall be 60.

6.2.4 Officers serve on the National Executive Council of the HRF. The responsibilities of each of the offices and Executive Committee are outlined in Responsibilities of the Officers of the Human Rights Front.

6.2.5 Candidates must be members of the HRF.

 

Chapter 7: The Headquarters

 

 The site of the National Headquarters of the HRF shall be determined by the NEC.

 

Chapter 8: Provinces

 

8.1 For purposes of HRF structures, the country shall be divided into the following provinces: Western Cape, Northern Cape, Eastern Cape, KwaZulu Natal, Free State, Gauteng, Northern Province, Mpumalanga, North West.

8.2 The provincial headquarters will be determined by the National Provincial Conference.

8.3 The National Executive Committee may from time to time alter the number, the boundaries or the names of the Provinces for the Party's own demographically logistic purposes.

 

Chapter 9: The Annual General Meeting and Annual Policy Conference

 

 9.1 The AGM and APC shall be the supreme ruling and controlling bodies of the HRF. They shall each be composed of:

9.1.1 Voting Delegates:

a) At least 90% of the voting delegates at the AGM or APC shall be from Constituency Associations which shall be represented by elected delegates. The number of delegates shall be in proportion to the paid up membership.

b) The number of delegates to be elected to the AGM or APC by each province shall be fixed by the NEC in proportion to the paid up membership of each province.

c) The remainder of the 10% of voting delegates at the AGM or APC shall be allocated by the NEC from among the Provincial Executive Committees.

d) All members of the National Executive Committee shall attend ex-officio as full participants in the AGM and APC.

9.1.2 Non-Voting Delegates:

a) The NEC may invite individuals, who have made a special contribution to the cause or who have special skills or experience, to attend the AGM or APC.

b) The NEC shall appoint AGM and APC organizing committees which will circulate relevant information in advance, determine the precise procedure for selection of delegates and indicate how the membership can then ensure their concerns are on the agenda.

c) The AGM or APC shall determine its own procedures in accordance with democratic principles.

d) Voting on key questions shall be by secret ballot if at least one third of the delegates at the AGM demand it.

e) The AGM and APC shall be convened annually.

 

Chapter 10: The National General Council

 

10.1 The National General Council may be convened by the NEC from time to time, provided that the NEC shall convene a National General Council not later than 3 months after an AGM or APC.

10.2 The NEC shall, after consultation with Provinces, determine the composition of the National General Council.

10.3 The National General Council shall:

a) subject to paragraph (d) below, determine and review the policies and programmes of the HRF;

b) receive and discuss reports of the NEC;

c) have the right to ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the HRF, including the evaluation of the performance of members of the NEC;

d) have the power to discuss any issue it deems necessary taking into account policies and directives of the AGM or APC.

e) Subject to Rule 11.3(g) it may fill vacancies that have arisen in the NEC provided that such vacancies do not exceed 50% of the Executive. 

 

Chapter 11: Duties and Powers of the AGM and APC

 

The National Conference shall:

11.1 Decide and determine the policy, programme and Constitution of the HRF.

11.2 Receive and discuss the reports of the NEC which shall include the Leader's Address, the National Secretary's Report, and the Chief Financial Offficer's Report.

11.3 Have the right and power to review, ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the HRF.

11.4 Elect the President, the Deputy President, National Chairperson, the Secretary General, Deputy Secretary General, the Chief Financial Officer, the Treasurer General and the remaining 53 members of the NEC.

11.5 Have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission or committee.

 

Chapter 12: National Executive Committee

 

12.1 The National Executive Committee is the highest organ of the HRF between the AGM and APC and shall have the authority to lead the organisation, subject to the provisions of this Constitution.

12.2 Without prejudice to the generality of its powers, the NEC shall:

a) Carry out the decisions and instructions of the AGM and APC.

b) Issue and send directives and instructions to and receive reports from the provinces.

c) Supervise and direct the work of the HRF and all its organs, including national, provincial and local government caucuses.

d) Ensure that the provincial regional and branch structures of the HRF function democratically and effectively. The NEC may suspend or dissolve a PEC where necessary and call for new elections within three months. The suspension may not last for more than three months.

e) Establish departments and set up committees as it considers appropriate.

f) Manage and control all the national and international property and assets of the HRF.

g) Receive reports, supervise the work of, and delegate such functions to the NWC as it considers necessary.

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

i) Confer such honours as it may deem appropriate.

j) Appoint annually a National List Committee of not fewer than five and not more than nine persons for the selection and adoption of candidates for the national Parliament. The NEC shall draw up regulations for the procedures to be followed in such a selection. The National List Committee shall report to the NEC prior to the implementation of its recommendations. Provincial structures for the adoption of candidates shall report to the National List Committee. Every candidate for elections must undertake to abide by the Constitution of the HRF and the relevant Code of Conduct for elected representatives.

12.3 The National Executive Committee, except where otherwise stipulated, shall be elected by secret ballot by the AGM and shall hold office for one (1) year and shall be constituted as follows:

a) The President, Deputy President, National Chairperson, the Secretary General, Deputy Secretary General, the Chief Financial Officer and the Treasurer General who shall be elected separately by the AGM.

b) Sixty (60) members of the NEC who shall be elected by secret ballot by the AGM

c) The Chairperson and the Secretary of each elected HRF Provincial Executive Committee who shall be ex officio members of the NEC.

d) The NEC shall have the power to co-opt not more than five (5) additional members at any time during its term of office in order to provide for a balanced representation that reflects the true character of the South African people, provided that such co-option enjoys the support of the Provincial Executive Committee of the Province from which the proposed person comes.

e) Should a vacancy occur on the NEC for any reason, the NEC shall have the power to fill the vacancy by appointing a replacement.

f) The quorum for meetings of the NEC shall be 50%+1 of its total membership.

g) A person shall have been a paid-up member of the HRF for at least 1 year before he or she can be nominated to the National Executive Committee of the HRF.

12.4 Nominations for the NEC members referred to in Rule 11.3(a) and 11.3(b) above shall be by the following procedure:

a) (i) Nominations for the posts of: President, Deputy President, National Chairperson, Secretary General, Deputy Secretary General, Chief Financial Officer, and Treasurer General shall be made by any Province and placed before the AGM.

(ii) A delegate to the AGM shall, however, have the right to nominate any person whose name has not been proposed in terms of sub-section (i) above. In such event the presiding officer shall call for seconders to the nomination. If such nomination is seconded by a minimum of 25 percent (25%) of Conference delegates, then such nomination shall be regarded as having been duly seconded, in which event the name of such nominees shall be placed on the ballot paper. If the nomination fails to secure the support of a minimum of 25% of conference delegates, such nomination shall fall away.

b) Nominations of candidates for the National Executive Committee other than the above positions shall be carried out by the following procedure:

(i) Subject to sub-section (ii) below, only those candidates who have been proposed by a Province shall appear on the National Conference ballot paper.

(ii) A delegate to the AGM shall, however, have the right to nominate any person whose name has not been proposed in terms of sub-section (i) above. In such event the presiding officer shall call for seconders to the nomination. If such nomination is seconded by a show of hands by a minimum of 25 percent (25%) of delegates, then such nomination shall be regarded as having been duly seconded, in which event the name of such nominee shall be placed on the ballot paper. If the nomination fails to secure the support of a minimum of 25% of delegates, such nomination shall fall away.

(iii) Not more than two persons per province may be successfully nominated in terms of b)(ii) above.

12.5 Voting shall take place by secret ballot. Each voting delegate shall vote once in each ballot.

12.6 If any Provincial Chairperson or Secretary is elected to the NEC in his or her own right or as a national official, such person shall vacate the Provincial position, provided that the Province has the right to make representations to the NEC, in a special case, where extraordinary circumstances may warrant an exception to this rule. However, when such a provincial officer is allowed to retain his or her NEC position, the Province shall not be entitled to an additional member on the NEC.

12.7 Subject to the provisions of this Constitution, the Secretary General, the Deputy Secretary General and the Chief Financial Officer shall be full-time functionaries of the HRF.

12.8 The NEC shall meet in plenary session at least once every three months and shall provide broad political and organisational perspectives to the National Working Committee.

 

Chapter 13: National Working Committee

 

13.1 As soon as possible after the conclusion of the AGM, the NEC shall meet and elect a National Working Committee.

13.2 The National Working Committee shall be constituted as follows: The President, Deputy President, National Chairperson, Secretary General, Deputy Secretary-General and the Chief Financial Officer.

13.3 In addition, the NEC shall elect additional members to the NWC from among the directly elected members of the NEC. These shall not exceed one-quarter of the composition of the directly elected members.

13.4 The members of the National Working Committee shall not necessarily be full-time functionaries of the HRF. However, the NEC shall determine the extent to which the elected members shall be full-time functionaries who may be allocated specific responsibilities.

13.5 The National Working Committee shall:

a) Carry out decicions and instructions of the AGM and the NEC.

b) Conduct the current work of the HRF and ensure that provinces, regions, constituency associations and all other HRF structures such as parliamentary caucuses carry out the decisions of the HRF.

c) Submit a report to each NEC meeting.

 

Chapter 14: The Electoral Commission

 

14.1 The NEC shall appoint an Electoral Commission of not fewer than three members whose task it will be to:

a)  prepare the ballot papers as directed by the Constitution.

b) To make provision for ballot boxes or other means of secret voting.

c) To provide for the counting of ballot papers and the effective supervision of the counting of votes.

d) To announce the results of all ballots and make known the number of votes received by each successful candidate.

e) To establish procedures for voting and to determine any dispute raised in regard to elections and election procedures, and to determine how any tied vote should be resolved.

14.2. The names of the electoral commission whose work shall commence before the AGM opens shall be submitted to the AGM for endorsement and they shall then be reinforced by a representative appointed by each Provincial deligation.

 

Chapter15: The National Finance Committee

 

15.1 The NEC shall appoint the National Finance Committee.

15.2 The NEC shall determine the composition and powers of the National Finance Committee.

15.3 The National Finance Committee shall report to the NEC at least twice a year on the finances and budget of the HRF.

 

Chapter 16: Duties and Functions of Officials

 

16.1 The President

The President is the head and chief directing officer of the HRF and the leader of the house at an AGM and APC. He or she shall:

a) Present to the AGM and APC a comprehensive statement of the state of the nation and the political situation generally.

b) Make pronouncements for and on behalf of the NEC outlining and explaining the policy or attitude of the HRF on any question.

c) Preside over meetings of the NEC in conformity with the Constitution, by-laws and rules of procedure adopted by the NEC.

d) Under the overall supervision of the NEC, orient and direct the activities of the HRF.

e) Be an ex-officio member of the NWC.

16.2 Deputy President

The Deputy President shall assist the President, deputise for him or her when necessary and carry out whatever functions are entrusted to him or her by the AGM or APC, the President or the NEC. He or she shall be an ex-officio member of the NWC.

16.3 In the event of death or permanent incapacity of the President and the Deputy President, the NEC shall as soon as possible appoint an Acting President until such time as the AGM or APC meets.

16.4 The National Chairperson shall:

a) Preside over the AGM and APC.

b) Remain the custodian of the decisions taken by the AGM and APC and ensure that all organs of the HRF implement these decisions and operate within the parameters of policy set out by the AGM and APC.

c) Carry out such additional tasks as the AGM, APC or NEC may instruct.

d) Be an ex-officio member of the NWC.

16.5 In the absence or incapacity of the National Chairperson, the President shall assume his or her functions.

16.6 The Secretary General

The Secretary General is the chief administrative officer of the HRF. He or she shall:

a) Keep the minutes of the AGM, the APC, the NEC, the NWC as well as other records of the HRF.

b) Conduct the correspondence of the NEC and the NWC and send out notices of all conferences and meetings at the national level.

c) Convey the decisions and instructions of the AGM, the APC, the NEC and the NWC to the provincial executive committees, and see to it that all units of the HRF carry out their duties properly.

d) Prepare annual reports on the work of the NEC and the NWC and such other documents which may, from time to time, be required by the NEC and the NWC.

e) In the absence of the President or the Deputy President, the Secretary-General shall assume the functions of the President.

f) All departments, save those falling directly under the President, shall report on their activities to the Secretary-General.

g) Be an ex-officio member of the NWC.

16.7 Deputy Secretary-General

The Deputy Secretary General shall assist the Secretary-General, deputise for him or her when necessary and carry out the functions entrusted to him or her by the AGM, the APC, or the NEC and shall be an ex- officio member of the NWC.

16.8 Treasurer General

The Chief Financial Officer is the chief custodian of the funds and property of the HRF. He or she shall:

a) Receive and bank all monies on behalf of the NEC and shall, together with any two members of the NEC, operate a banking account.

b) Keep such books of account as may be necessary to record clearly the financial position of the HRF.

c) Submit to the AGM a report showing the Income and Expenditure Account and Balance Sheet of the HRF for the period since the previous AGM, and shall submit periodic reports to the NEC and the NWC.

d) Be responsible, with the National Finance Committee, for working out and executing plans for fund raising.

e) Be an ex-officio member of the NWC.

16.9 Treasurer General

The Treasurer General shall assist the CFO, deputise for him or her when necessary and carry out the functions entrusted to him or her by the AGM, the APC, or the NEC and shall be an ex-officio member of the NWC.

 

Chapter 17: Provincial AGM and Provincial APC

 

17.1  Subject to the overall guidance of the NEC, the Provincial Conference shall be the highest organ of the HRF in each Province.

17.2  The Provincial AGM and Provincial APC shall:

a) Be held at least once each annually and more often if requested by at least one third of all branches in the Province.

b) Be conferences attended by delegates chosen on a democratic basis by all branches in the Province with representation in proportion to membership, with attention being paid to ensuring representation of areas where membership is reduced.

c) Be attended by members of the Provincial Executive Committee who shall have full voting and speaking rights as ex-officio participants.

d) Carry out the decisions of the National AGM, the National APC, the NEC and the NWC.

e) Receive and consider reports by the Provincial Executive Committee.

f) Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and other members of the Provincial Executive Committee who will hold office for 1 year. The Provincial Secretary shall be a full-time functionary of the organisation.

g) Carry out and develop the policy and programme of the HRF in the Province.

 

Chapter 18: The Provincial General Council

 

18.1  A Provincial General Council shall be convened between Provincial AGMs.

18.2  The Provincial General Council consists of all members of the Provincial Executive Committee and delegates representing branches in proportion to membership, with a minimum of one delegate per branch. The RECs shall be appropriately represented as determined by the PEC.

18.3  The PGC shall meet at least once a year. A PGC shall, for good cause shown, be convened by the PEC upon the request of one-third (1/3) of constituency associations in the Province.

18.4  The Provincial General Council may discuss and decide any issue it deems necessary, including any matter brought before it by the PEC, and may decide on any matter falling within its competence, subject always to the policies and directives of the National AGM, National APC, National General Council, Provincial AGM, Provincial APC or the NEC.

18.5  The PGC may fill any vacancy on the PEC provided that the filling of vacancies does not exceed 50% of the membership of the PEC.

 

Chapter 19: Provincial Executive Committee

 

19.1 The Provincial Executive Committee shall be responsible for carrying out the decisions of the Provincial AGM, the Provincial APC and Provincial General Council always subject to Rule 18.4.

19.2 It shall consist of the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and not more than 13 other persons elected by the Provincial AGM or Provincial APC. A person shall have been a paid- up member of the HRF for one year before he or she can be nominated to a Provincial Executive Committee of the HRF. Each region shall be equally represented by the Chairperson and/or the Secretary as determined by the PEC provided that the number of regional representatives on the PEC does not exceed the number of elected members of the PEC.

19.3 The PEC shall:

a) Meet as soon as possible after its election to elect the Provincial Working Committee and thereafter at least once a month.

b) Carry out the decisions of the Provincial AGM, the Provincial APC and the NEC.

c) Manage and control the funds and assets of the HRF in the Province.

d) Submit reports to the Provincial AGM, the Provincial APC and Provincial General Council as often as is required on the state of the organisation, the financial position of the province, and such other matters as may be specified.

e) Appoint the regional organiser and staff as required.

f) Organise, establish and service constituency associations in the Province and supervise the work of the regions in the Province; suspend, dissolve, and re-launch branch executive committees and regional executive committees where necessary, subject to any directives from the provincial conference provided that where a BEC or REC has been suspended or dissolved there shall be a right of appeal to the NEC. A suspension shall not exceed a period of three months. Elections for dissolved structures shall be called within three months.

g) Carry out the policy and programme of the HRF and do all things necessary to further the interests, aims and objectives of the organisation

h) Have the right to co-opt up to 3 persons subject to confirmation by the Provincial General Council.

i) The quorum for any meeting of the PEC shall be 50% (fifty percent)+1 of its total membership.

j) Have the duty to appoint annually a Provincial List and Candidates Committee which will identify regulations for the drawing up of the Provincial List of candidates for national elections, provincial elections and for the selection of candidates for local government elections. The Provincial Executive Committee shall report to the NEC and shall be bound by the recommendations of the National List Committee. Every candidate for elections must undertake, in writing prior to the elections, to abide by the Constitution of the HRF and the relevant Code of Conduct for elected representatives.

 

Chapter 20: Provincial Working Committee

 

20.1 The Provincial Working Committee shall be a core group of the PEC and shall consist of not less than one quarter of its members, including the Chairperson, Secretary and Treasurer of the Province.

20.2 It shall perform the duties and functions of the PEC to which it shall report.

20.3 It shall meet at least once a week.

 

Chapter 21: Functioning of the Provincial Executive Committee

 

21.1 Provincial offices shall, with due allowance for differences of scale and level of work, perform the same functions as their national counterparts.

21.2 The PEC shall, wherever possible, set up provincial departments in line with national departments.

21.3 The PEC shall determine the boundaries of regions within the Provinces, in consultation with the NEC.

 

Chapter 22: Provincial Regions

 

22.1 The PEC, under the supervision of the NEC, shall divide the Province into regions for the more efficient and democratic functioning of the HRF.

22.2 The maximum number of regions shall be determined by the PEC but shall not exceed 13 in number.

22.3 Each region shall hold a regional AGM every annually which shall elect the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer and a committee of not more than fifteen members. A person shall have been a member of the HRF for at least one year before he or she can be nominated to a Regional Executive Committee of the HRF.

22.4 Each constituency association within a region shall be entitled to send delegates to the biennial regional AGM in proportion to its members.

22.5 There shall be at least one regional council meeting in the course of each year with each branch being entitled to send at lease one delegate. Additional regional council meetings may be convened by the regional executive committee or the PEC or on the request of at least one-third of the branches.

22.6 The Regional Executive Committee shall be accountable to the PEC for its functioning. The powers of the Regional Executive Committee are such powers delegated to it by the PEC.

22.7 Regional Executive Committees may recommend to the PEC the suspension or dissolution of a CAEC, Zonal Committee or any Sub-Regional Committees.

 

Chapter 23: Constituency Associations

 

Every member of the HRF shall belong to a Constituency Association, which shall be the basic unit of the organisation.

23.1     The Constituency Association shall:

a) Be registered with the PEC and have a minimum of 10 members, provided that the PEC may confer special recognition, where due to exceptional circumstances, the branch has fewer than 10 members.

b) Meet as provided for in the rules and regulations.

c) Be the place where members exercise their basic democratic rights to discuss and formulate policy.

d) Be the basic unit of activity for members.

e) Elect at a constituency association AGM meeting a Constituency Association Executive Committee consisting of Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer, and other committee members, consisting of not less than three and not more than ten persons. A person shall have been a member of the HRF for one year before she or he can be nominated to a Constituency Association Executive Committee of the HRF, provided that where a new constituency association is being established, the PEC may waive this provision.

f) Meet at least once per month.

23.2     The constituency association executive committee shall:

a) Meet as soon as possible after its election and allocate tasks and functions among its members to enable it to carry out the day-to-day activities of the CA.

b) Carry out the publicity and organisational work in its area in furtherance of the policy, programme and decisions of the HRF.

c) Meet at least once per fortnight.

d) Submit reports on its work to the CA meeting and at least each month to the Regional Executive Committee.

e) Co-opt not more than three persons, if it considers it necessary to ensure greater representativity.

f) The quorum for each meeting of the CA Executive Committee shall be 50%+1 (fifty percent plus one) of the total CAEC membership.

 

Chapter 24: Zonal Structures and Sub-regions

 

24.1 Any three (3) or more constituency associations within a Region for the purpose of

co-ordination of activities and better organisational efficiency, may be formed into a Zone at the instance of the Regional Executive Committee after consultation with the relevant constituency associations, or on application to the PEC, by at least two constituency associations within an area of a proposed Zone.

24.2 Whenever a Zone has been established the CA Executive of constituent associations shall at a properly convened meeting, elect a Zonal Committee which shall consist of a Chairperson, Secretary, Treasurer and one (1) representative elected per Branch within the Zone.

24.3 The tasks of the Zonal Committee will include:

a) To meet at least once a month.

b) To co-ordinate the work and activities of the constituency associations and submit reports to the REC.

c) To see to the implementation of the instructions of the NEC, PEC or the PWC, REC in the Zone.

d) To participate in the work of the Regional Council.

e) To maintain effective links with all branches in the Zone.

24.4     Sub-regions may be formed by 3 or more Zones with similar arrangements and powers as between Zones.

 

Chapter 25: Discipline

 

25.1     All members, without exception, must abide by the Constitution of the HRF, the Rules, the Standing Orders and Codes of Conduct as adopted or amended from time to time.

25.2     Disciplinary proceedings against a member shall be confined to violations of the HRF Constitution, Rules, Standing Orders, Codes of Conduct, or the commission of offences as set out in Rule 26.3, and shall not:

a) Be used as a means of stifling debate or denying members their basic democratic rights;

b) Be instituted as a means of solving private problems or as a means of interfering in the private lives of members where the norms of the organisation are not directly affected, unless such conduct itself constitutes a violation or an offence affecting the organisation.

25.3     A serious offence shall be committed by any member who:

25.3.1    Prejudices the integrity or repute of the organisation, its personnel or its operational capacity by:

a) Impeding the activities of the organisation;

b) Creating division within its ranks or membership;

c) Doing any other act which undermines its effectiveness as an organisation.

d) Acting on behalf of or in collaboration with:

i) A political organisation or party other than an organisation or party in alliance with the HRF in a manner contrary to the aims, policies and objectives of the HRF;

ii) Intelligence or the security services of other countries;

iii) Any person or group who seriously interferes with the work of the organisation or prevents it from fulfilling its mission and objectives.

25.3.2    The following shall also be regarded as serious offences, without prejudice to the generality of this provision and the right of the NEC to add to this category of offences:

a)  Misappropriation of the funds of the organisation or destruction of its properties;

b) Behaving corruptly in seeking or accepting any bribe for performing or for not performing any task;

c) Engaging in sexual or physical abuse of women or children or abuse of office to obtain sexual or any other undue advantage from members or others;

d) Abuse of elected or employed office in the organisation or in the State to obtain any direct or indirect undue advantage or enrichment;

e) Fighting or behaving in a grossly disorderly or unruly way;

f) Deliberately disrupting meetings and interfering with the orderly functioning of the organisation.

25.3.3  If, in the opinion of the NEC or the relevant body exercising its right to invoke disciplinary proceedings under this Constitution, a member is guilty of the following offences, disciplinary proceedings may follow:

a) Behaviour which brings the organisation into disrepute or which manifests a flagran violation of the moral integrity expected of members or conduct unbecoming that of a member;

b) Sowing racism, sexism, tribal chauvinism, religious and political intolerance, regionalism or any form of discrimination or oppression of universal human rights.

c) Behaving in such a way as to provoke serious divisions or a break-down of unity in the organisation;

d) Undermining the respect for or impeding the functioning of the structures of the organisation;

e) Participating in organized factional activity that goes beyond the recognised norms of free debate inside the organisation and threatens its unity. 

25.3.4    a) Disciplinary proceedings shall normally be conducted at the level where the alleged violation or offence took place, namely the constituency association, region, province or national level, and may be heard by the relevant structure;

b) The NWC may direct that the disciplinary proceedings should be heard at a higher level from where the alleged violation or offence took place.

25.3.5    a) Any person faced with disciplinary proceedings shall receive due written notice of any hearing and of the basic allegations and charges against him or her and be afforded a reasonable opportunity to make his or her defence.

b) The National Disciplinary Committee shall draw up guidelines for the interpretation of this section on discipline and for the rules of procedure including time limits to be followed before, during and after a hearing.

25.3.6    Any person found guilty in a disciplinary proceeding, or the complainant, has the right, within a reasonable period, to appeal against the conviction or sentence, to the next higher body of the HRF. The NWC may direct that any appeal should be heard by a body higher than the one to which the appeal has been made. The PEC may direct that an appeal against the decision by a constituency association should be heard directly by the Provincial Disciplinary Committee.

25.3.7    Penalties for proven violations of the Constitution, principles, norms and decisions of the HRF shall include reprimand, payment of compensation and/or the performance of useful tasks, suspension and expulsion.

25.3.8    Temporary Suspension The Provincial Disciplinary Committee, the National Disciplinary Committee or the NWC having regard to the nature and seriousness of an alleged violation or offence by a member, may summarily suspend the membership of any member pending the preparation of a charge against the member and the finalisation of disciplinary proceedings against the member. The member shall be informed of such suspension. The temporary suspension shall lapse if no disciplinary proceedings are instituted against the member within 30 days of the date of the temporary suspension. Such disciplinary proceedings shall be attended to as quickly as possible and completed within a reasonable period.

25.4       All disciplinary proceedings shall be attended to as speedily as possible.

25.5       Decisions relating to disciplinary proceedings shall be publicly announced.

25.6      The NEC shall appoint a National Disciplinary Committee from among its membership and from other structures of the ANC. The decisions of the NDC shall be final except that the NEC may, in its discretion, review a decision. Such a review shall be regulated by standing orders adopted by the NEC.

25.7      The National Disciplinary Committee shall hear and determine violations or offences on appeal from appropriate organs of the ANC. In addition, the national officers, the NWC or the NEC may refer such violations or offences directly to the NDC. In exceptional situations arising out of serious breaches of the Constitution, Rules or Codes of Conduct, the NDC itself may exercise jurisdiction to investigate and determine a complaint.

25.8      The NEC may authorise other structures of the ANC to institute disciplinary proceedings and to set up appropriate structures to apply the provisions of this Rule.

 

Chapter 26: Rules and Regulations

 

26.1     The NEC shall have the power to adopt rules and regulations for the better carrying out of the activities of the HRF.

26.2     The PECs shall have the power to adopt rules and regulations for the better functioning of the HRF in their respective provinces.

26.3     All such rules and regulations shall be consistent with the constitutional norms of the HRF, and rules and regulations framed by the PEC shall only become operative when approved by the NEC, or, on a provisional basis pending approval by the NEC, by the NWC.

26.4     The NEC shall have the power to frame a code of conduct to cover all structures, officials, public representatives, office bearers and members.

 

Chapter 27: General

 

The HRF shall have perpetual succession and power, apart from its individual members, to acquire, hold and alienate property, enter into agreements and do all things necessary to carry out its aims and objects and defend its members, its property and its reputation. 

 

Chapter 28: Amendments

 

Any amendments to this Constitution shall be by a two-thirds majority of delegates present and voting at the National or Special Conference. Notice of intent to propose any amendments to the Constitution should be forwarded to the Office of the Secretary General at least three months before the National or Special Conference. The NEC shall provide at least one month's notice for any Constitutional amendment.

 

Chapter 29: Special Conference

 

29.1     A special conference of the HRF may be convened by the NEC at any time or at the request of a majority of the Provinces for a stated purpose or purposes.

29.2     Not less than one month's notice of such conference shall be given.

29.3     Participation at the Conference shall be determined by the NEC, provided that branches shall be represented at such a conference in proportion to their membership.

 

Chapter 30: Contractual Liability

 

Only the National Officials shall have the authority to bind the HRF or to create any legal relationship. Any other person purporting to bind the HRF must produce written authorisation from one of the National Officials which must indicate the extent of that person's authority.

 

Chapter 31: Transitional Arrangements

 

The NEC is authorised to make consequential changes to the content and style of these rules following these amendments and to make such transitional arrangements as necessary.

 

Chapter 32: Dissolution

 

The National Conference or any Special Conference may dissolve the organisation by a two-thirds majority of delegates present and voting and transfer the assets and liabilities of the movement in such a manner as determined by the Conference.

 

SCHEDULE TO HRF CONSTITUTION

 

HRFSA Logo and Colours:

 

The HRF logo is a green cannabis leaf superimposed over a depiction of Leonardo Da Vinci's “Vitruvian Man.” The dimensions of the cannabis leaf image may be varied but must include a minimum of 7 leaf foliage segments of a cannabis leaf.