AMENDMENTS MADE TO THE ANC CONSTITUTION AT THE 49TH NATIONAL CONFERENCE
1. The preamble, aims and objectives and the character of the ANC (Rules B and C) require to be considered for amendment in the light of the election victory and as we move from resistance to reconstruction and the need to reflect the changing circumstances and conditions in our country. There shall therefore be greater emphasis on reconstruction and development and the promotion of a human rights culture. The preamble should be re-drafted in a `non-legalistic style` by a commission to be appointed by the NEC.
2. The system of numbering of the rules will be changed for easier reference.
3. In the light of the restructuring of the ANC into provinces, references to regions and regional structures shall be redrafted as references to provinces and every such reference shall be changed accordingly.
4.(a) Membership. Rule D
- Any reference to overseas branches should be repealed as there is no necessity for the provision now.
(b) Paragraph 8 of Rule D will be amended by inserting the following: `Non-earning members or those on reduced incomes will pay such fees as determined by the NEC`.
5. The movement towards the creation of a united defence force and the standing down of Umkhonto we Sizwe requires that Rule G be removed.
6. Regions. Rule I will be revised because of the establishment of nine Provinces and their capitals. As boundaries (and, possibly, the number and area of Provinces) may undergo changes, the NEC will have the authority to alter the number and boundaries of regions (Rule I).
7. National Executive Committee
(i) The power to co-opt will be increased to 5, and the NEC will exercise such a power after consultation with the Provincial Executive Committee (Rule L.2. (g))
(ii) Rule L.2. (f) and L.3. (e) will be revised in the light of the proposed repeal of references to MK and external branches.
(iii) Rule L.3. (d) will be changed to read: `In extraordinary, special cases a person who is secretary or chairperson of a province who is directly elected as an officer of the movement, may be able to keep the chairpersonship and secretaryship of the province and retain the national office, or if a person has been elected to the NEC while that person is the chairperson or secretary of the region, may be able to keep both posts in special circumstances, if the NEC agrees. If that person keeps both posts, then the province is not entitled to an additional member.`
(iv) National Working Committee
(a) The National Working Committee will comprise of the six national officers plus not more than a quarter of directly-elected NEC members. NWC members need not necessarily be full time, but the NEC has the authority to allocate specific people full-time posts.
(b) The ANC Youth League and the ANC Women`s League shall appoint one representative each to serve on the NWC.
In the light of experience, there does not appear to be any reason for the retention of Rule L.7 forbidding canvassing.
8. Gender and Affirmative Action
Rule N will be strengthened by the inclusion of a permissive clause along the lines of Òincluding the provision of quotasÓ.
9. Financial Structures
The National Financial Secretariat will be abolished. The refernce to the National Finance Officer for the Army (Rule 0.2 viii) will be deleted.
10. Regional Structures
Rules Q to X will have to be recast to reflect the restructred ANC. While the powers of the appropriate body will remain as in the present rules, their description will change. In general terms, the following structures will replace the present constitutional provisions:
(i) Provincial Executive Council
- Provincial Executive Councils shall be elected at Provincial Conferences.
- Provincial Executive Councils should consist of:
- Elected officials (ie. Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer)
- Additional members
- 13 directly elected members from the province ie. through branches.
- Ex officio members representing regions (2 members) and integration of Leagues (2 each) and public representatives (method of appointment to be debated).
- The PEC can co-opt up to three people.
- Provincial Executive Councils should have executive powers and be accountable to the NEC.
- There shall be a provincial working committee elected by the provincial executive, not larger than one quarter of the PEC.
The Provincial Conference shall meet every two years. A special provincial conference can be convened, if requested by at least one third of branches. The Provincial Executive Council shall be elected for a two-year term.
The PEC will meet at least once a month, and the Provincial Working Committee will meet at least once a week.
There shall be a Provincial Council which meets at least three times a year.
It was resolved that:
- There will not be more than 13 regions per province.
- Each region will have a Regional Committee elected at the regional AGM.
- The region should be represented on the Provincial Council by its Chair and Secretary.
- The REC should be an executive structure accountable to the Provincial Council.
- There will be Regional Councils.
- There will be sub-regions in the region. In some cases these could be our present zonal structures.
- Sub-regional structures will be co-ordinating and not executive structures.
- Branches will continue existing as they do.
- these should remain as executive structures accountable to the Regional Executive Committee.
11. Amendments to Constitution
Rule ZB will be amended to read: `Any major amendments to this constitution shall be by a two-thirds majority of delegates present and voting at the National Conference or at a Special Conference.` The remainder will stay as at present, except that the NEC shall be entitled to give at least one month`s notice of any constitutional amendments.
12. Special Conference
A Special Conference may be convened at the request of a majority of provinces or at the request of the NEC for a stated purpose or purposes. Particpation shall be determined by the NEC and notice of not less than a month shall be given. Special Conferences called for amendments to the constitution shall be constituted on the basis of proportional representation based on the membership of branches.
13. Contractual Liabilities
Only the National Officers shall have the authority to bind the ANC or to create any legal relationship. Any other person purporting to bind the organisation must produce a written authorisation from one of the National Officers which must indicate the extent of that person`s authority.
The National or any Special Conference may dissolve the organisation by a two-thirds majority of delegates present and voting and transfer the assets and liabilities in such a manner as determined by the Conference.