The Constitution of the Landless People’s Movement Political Party
TABLE OF CONTENTS
- POLITICAL VALUE STATEMENT………………………………………………………..
- OBJECTIVES AND VALUES……………………………………………………………….
- LEGAL NATURES AND PERSONALITY OF LPM………………………………………….
- POWERS ………………………………..
- AN EXTRA ORDINARY PEOPLES ASSEMBLY…………….
- PEOPLES ASSEMBLY………………………
- THE CONVENTION……………………………
- THE POLITICAL ACTION COMMITTEE…………………
- NA TIONAL MANAGEMENT COMMITTEE…………………..
- REGIONAL STRUCTURES…………………………
- CONSTITUENCY STRUCTURES…………………………….
- CONSTITUENCY ASSEMBL Y ……………………………..
- TRANSITIONAL ARRANGEMENTS…………………………………
- DISPLINARY PROCEDURE …………………………………………..
- LPM STUDENT AND YOUTH COMMAND………………………….
- WOMENS COMMAND……………………………………………….
- COUNCIL OF THE WISE………………………………………………….
- INCOME AND PROPERTIES………………………………………
- DISPUTE RESOLUTIONS………………………………………..
- POWERS AND FUNCTIONS……………………………………..
- RELATIONS WITH OTHER ORGANISATIONS………………..
- AMENDMENTS TO CONSTITUTE MARGERS AND RESOLUTIONS
- AMENDMENTS TO THE CONSTITUTION, MERGERS AND DISSOLUTION…………………………………….
- 1.1 We, the founding members and volunteers of the Landless People’s Movement, celebrate the formal establishment of the Landless People’s Movement as a political movement party, determined to transform Namibia into a prosperous and thriving democracy, and to take the fundamental steps toward change for genuine and lasting national unity.
- 1.2 We hail from all the fourteen regions of our Namibia; representative of all our people; to begin the restoration of the promise of our great nation and to offer the hope of a better future for every Namibian, of every generation.
- 1.3 Having experienced the fatal mismanagement of the post-colonial Namibian democratic state, and resolved to ensure that Namibia is an economically and socially developed, respected and successful African state, we respect and pledge allegiance to the Constitution of the Republic of Namibia, and further pledge our allegiance to the Republic of Namibia.
- 1.4 We are proud of our country’s achievement of freedom and democracy; and we honour the sacrifices of the human struggle for freedom and dignity, and take inspiration from the achievements of the past. Centuries of oppression and poverty must be overcome, through justice and opportunities for all, as overarching spears of the LPM mantra.
- 1.5 We are determined to restore and enhance the values that are enshrined in the Constitution of the Republic of Namibia: human dignity, equality and freedom, and the pursuit of happiness of all individuals and communities.
- 1.6 We are united in our resolve to achieve restitution of ancestral land rights, fair and just land reform, urban land reform and access to land and housing, for all. The eradication of corruption, patronage and lack of service delivery are evils we fight against. The successful and sustainable construction of a just and functional society, depends on the absolute commitment and all of us to destroy and defame corruption, patronage and lack of service delivery.
- 1.7 Furthermore, the creation of a capable and competent civil service, combined with ethical and skilled political leadership, as well as the achievement of higher and sustainable economic growth that translates into meaningful wealth creation and national prosperity, are key tenets of the LPM core convictions.
1.7 We are irreversibly committed to the active construction of unity among all people in this beautiful land, and the decapitation of ethnicity, racialism, gender inequality, social and health insecurity, rural decay and underdevelopment, and youth under- development and unemployment. The afore-going precursors are deemed conditions sine quo non for nation building.
2. POLITICAL VALUE STATEMENT The Landless People’s Movement believes:
- 2.1 That the natural resources of the state belong to all her people, and that the equitable sharing of these resources for national benefit is only better achievable with state leadership and strategic involvement in the national economy;
- 2.2 In inspiring all Namibians to move from being good citizens to being active and exemplary citizens everywhere in the world, leveraging our strategic natural resources and human heritage and capabilities, to develop the full talent of all our citizens;
- 2.3 In making government work for all Namibians, in particular women, youth, the poor, the elderly and those in rural areas, by deliberate, strategic and tactical redirection of economic resources to spur and accelerate rural and equitable development;
- 2.4 To eradicate poverty; to create decent jobs with decent pay, and other appropriate income earning opportunities such as through agriculture and well-crafted agrarian reform; to protect society and state institutions from elite-led and all forms of corruption; to advance citizen participation and full development in all spheres of public life;
- 2.5 To improve and protect people’s health through appropriate measures, including through adequate staffing, infrastructure development and maintenance, medication, the provision of adequate protection; research and development efforts;
- 2.6 To provide high standard education to our children; to develop and conserve human resources and to promote equal opportunity for all to prosper; and to focus on the future at all times to prevent social, economic, cultural and political unpreparedness;
- 2.7 To promote and defend our constitution and the territorial unity and integrity of our state; and to provide strong, firm, even-handed, intellectually capable leadership to society;
- 2.8 To encourage free, ethical economic activity, upholding transparent and arms-length relations between political and business interests; and to create trustworthy and transformative partnership with the local and global business and industry community;
- 2.9 To protect, prepare for and defend the future of our nation and its children, by the creation of all necessary instruments, including funds, for advance research and development, science and industry in order to be globally competitive and innovative, and enable economic growth as well as development and the equitable distribution of the benefits of economic growth;
- 2.10 To support the arts and humanities; and to constantly and deliberately develop leadership in all spheres of society, including in the political, business, cultural, industry, technical, scientific and academic domains of society;
- 2.11 To develop and conserve our natural resources; and constantly plan the future: the economic, political, scientific, technological and relevant scenario’s the future may hold and to actively analyse and engage in the global transformation processes and projects that shape and influence humanity and its existence;
- 2.12 To preserve, protect and enhance our environment, including our built in environment, and
- 2.13 To make Namibia a prosperous nation.
3. OBJECTIVES AND V ALUES
The Landless People’s Movement aims to build Namibia into a great nation that:
- 3.1 Is a prosperous constitutional democracy, inclusive and united in her diversity;
- 3.2 Promotes human dignity and banishes the humiliation and disrespect of our apartheid past and all other discriminatory practices;
- 3.3 Promotes transparency, excellence and accountability in public life;
- 3.4 Is responsive to the social and economic needs and abilities of all citizens, rendering itself as a steward of socio-economic, cultural and political transformation of Namibian society, with the ambit of constructing a social democratic state, with a leaning toward federalist system of government,The Landless People’s Movement aspires to meet its objective by:
- 3.5 Constructing a society where all Namibians are treated and valued as citizens, not subjects;
- 3.6 Building a strong, robust, dynamic economy; that gives opportunity to all individuals and protects and strengthens our private sector, thereby fundamentally transforming the objective material conditions of our nation;
- 3.7 Introducing and leveraging education and training systems for the challenges and opportunities of the modern era;
- 3.8 Empowering the people of Namibia to govern in all tiers of the state,
- 3.9 Recreating a competent and diligent Public Service; and
- 3.10 Raising Namibia’s economic, moral, political and diplomatic standing in the World.
- 4.1 The Political Party hereby constituted shall be known as the Landless People’sMovement.
- 4.2 Its abbreviated name shall be LPM.
4.2 LPM is a political party registered for and which will participate in elections in the Republic of Namibia and in political activities in the national, regional and local spheres of government in the Republic of Namibia governed by the Electoral Act 51 of 1996, as amended from time to time, and the Electoral Act 73 of 1998, as amended from time to time.
5. LEGAL NATURE AND PERSONALITY OF LPM
LPM is a political party registered as such in terms of Section 15 of the Electoral
Commission Act, 51 of 1996.
- 5.1 exist in its own right, separately from its members;
- 5.2 continue to exist even when its membership changes and there are different office bearers;
- 5.3 be able to own moveable and immovable property and other possessions; and
- 5.4 be able to sue and be sued in its own name.
LPM shall have plenary powers to enable its main objectives including the
following common powers:
- 6.1 To purchase or acquire movable and immovable property;
- 6.2 To manage, insure, sell, lease, mortgage, dispose of, give in exchange, work, develop, build on, improve, turn to account or in any way, to otherwise deal with all or any part of its property;
- 6.3 To apply for, purchase or by any means acquire, protect, prolong and renew any patents, patent rights, licences, trademarks, concessions or other rights and to deal with and alienate them as provided for in this Constitution;
- 6.4 To secure payment of monies borrowed in any manner including the mortgaging and pledging of property;
- 6.5 To lend money to any person, union, association or company with a view to promoting the objectives of LPM;
- 6.6 To open and operate banking accounts and to engage in sustainable financial instruments necessary on such accounts;
- 6.7 To make, draw, issue, execute, accept, endorse and discount promissory notes, bills of exchange and any other kind of negotiable and transferable instruments;
- 6.8 To enter into indemnities, guarantees, sureties and to secure payment there-under in any way;
- 6.9 To amalgamate or form an alliance or association with any other organisation having the same or similar objectives as LPM subject, in the case of a merger and or alliance with another registered Political Party, approval by the National Executive;
- 6.10 Remunerate any person or persons for services rendered in the development of its objectives;
- 6.11 To make donations and render financial assistance to persons other than members or officials of LPM for the attainment of the objectives of LPM;
- 6.12 To undertake and execute any trust and appoint trustees;
- 6.13 To incorporate any company;
- 6.14 To act as principal agent, contractor or trustee;
- 6.15 To pay gratuities and pensions and establish pension schemes in respect of its employees;
- 6.16 To enter into contracts in or outside the Republic of Namibia and execute any contracts, deeds and documents in any foreign country; and
- 6.17 To have a seal and use such seal for any purposes in the Republic of Namibia or any foreign country.
- 6.18 The assignment and delegation of LPM powers shall be subject to guidelines determined, from time to time, provided that such assignment and delegation is in line with this Constitution.
The organisational structure of LPM shall consist of:
- 7.1 the constituted in terms of clause 17 of this Constitution;
- 7.2 the constituted in terms of clause 19 of this Constitution;
- 7.3 the constituted in terms of clause 21 of this Constitution;
- 7.4 the Regional Assemblies, constituted in terms of clause 22.1 of this Constitution;
- 7.5 the Regional Convention and Regional Political Action Committees, constituted in terms of Clause 22 of this Constitution;
- 7.6 the Constituency Conferences and Constituency Organising Committee, constituted in terms of clause 25 of this Constitution;
- 7.7 the Local Annual General Meeting and Local Organising Committee, constituted in terms of Clause 26 of this Constitution.
8. PEOPLE’S ASSEMBLY
- 8.1 The supreme governance, policy-making and elective body of LPM. It is the highest decision making body; and is the exercise of genuine democracy as espoused within the objective conceptual and practical interpretation of LPM.
- 8.2 It shall be held at least once every five years and by December in the year preceding the National Elections, except for the year in which LPM is formed.
- 8.3 It shall be held at such date and venue as determined by the and upon not less than 30 (thirty) days’ prior written notice given to members. This notice shall include a preliminary agenda, the audited financial statements, and a report from the national leadership of the movement.
- 8.4 An Extraordinary People’s Assembly may be held:
- 8.4.1 at the request of a two thirds majority of the national leadership through the NationalConvention, or
- 8.4.2 at the request of a two thirds majority of a Regional Political Action Committees; throughout the country, or
- 8.4.3 at the signed request of at least two thirds of the registered members of LPM.
- 8.5 All decisions of the People’s Assembly shall be binding on LPM and all its members.
- 8.6 The Leader and Chief Change Campaigner shall act as the Chairperson of the People’s Assembly.
- 8.7 The constitutive body of the People’s Assembly shall comprise the following representatives who are entitled to attend the:
- 8.7.1 representative from each Constituency Committee;
- 8.7.2 all elected National leaders;
- 8.7.3 the office bearers of the Regional Political Action Committee;
- 8.7.4 the office bearers of the Regional Organising Committees; and
8.7.5 elected delegates of the following LPM extra-ordinary structures viz., women’s command, youth command, student command and seniors command.
- 8.8 Only members who are in good standing and properly mandated by the above structures can attend and vote,
- 8.9 Minutes of all People’s Assembly and an attendance register will be kept. These will be open for inspection by members.
- 8.10 The People’s Assembly shall take decisions on all aspects of politics, policy, leadership of party, governance and finances of LPM.
- 8.11 The People’s Assembly shall:
- 8.11.1 adopttheminutesofthepreviousPeople’sAssembly;
- 8.11.2 determine and review the policies, constitution and programmes of LPM and LPM strategic direction for the next five years;
- 8.11.3 have the right to ratify, alter or rescind any decisions taken by any of its bodies at regional and local/district level;
- 8.11.4 deliberate on the Leaders’ political report, the Operative Secretary’s Organisational report and Treasurer-General’s Financial report for the preceding five years;
- 8.11.5 consider any reports submitted from regional and or local/district level; these must be submitted 30 days before date of congress.
- 8.11.6 elect the Leader and Chief Change Campaigner, the Deputy Leader and Chief Strategist, the Operative Secretary, the Treasurer-General and the Deputy Treasurer- General and all the sixty (60) office bearers of the Convention, subject to procedures and policies which are to be drawn up by the People’s Assembly;
- 8.11.7 have the power to create, elect or appoint any commission or committee and delegate and or assign any specific tasks and duties to the said commission and or committee.
- 9.1 Decisions of the People’s Assembly shall be taken by a simple majority, provided that if there is an equality of votes on any issue put to the vote, representations and deliberations shall be made after which a second round of voting shall be held.
- 9.2 Every voting member present shall have only one vote.
- 9.3 Voting at the People’s Assembly shall be by secret ballot.
- 9.4 Members shall not be able to vote by proxy.
10. THE CONVENTION
- 10.1 The Convention shall be the second highest collective decision making body of LPM in between Assemblies, and is tasked with implementing decisions of Assemblies, which includes the political programme, developmental and organisational policies, and the strategic and tactical activities of LPM. It shall have general responsibility for the affairs of LPM between Assemblies.
- 10.2 When the People’s Assembly is not in session, the Convention shall be the highest collective decision making body and governing body of LPM.
- 10.3 Every member of the Convention shall be bound by this Constitution.
- 10.4 The Convention shall meet at least once every three months, at a date, time and venue to be prescribed by the Chairperson.
- 10.5 The Convention may at its discretion invite any person to attend its meeting on such conditions as it may determine, provided that a person so invited shall have no voting right, and is done in writing in line with the decision of the Convention.
- 10.6 A majority of the members of the Convention shall constitute a quorum of any meeting held of the Convention.
- 10.7 On a monthly basis, to be prescribed by the Convention, the Regional, Constituency and Local structures of LPM shall be expected to provide the Convention with resolutions to be interrogated and implemented as LPM policy and programmes. These will relate to strategic political, organisational, financial and disciplinary matters in each respective structure.
- 10.8 The Convention shall consist of national office bearers elected at the People’s Assembly, namely:
10.8.1 Leader and Chief Change Campaigner; as the overall political spear of the movement, being the principal activist for change of society, and the development of the people of Namibia, and shall provide strategic and tactical political vision to the movement; shall present annual ‘LPM call for action’ statement on the 4th of February and ‘political analysis’ report to the People’s Assembly and Convention;
10.8.2 Deputy Leader and Chief Strategist; tasked to deputise and assist the Leader, and be the strategic thrust bearer of the movement in terms of ensuring that policy directives are implemented and realised;
10.8.3 Operative Secretary; shall be the chief administrative officer of the movement and perform such other functions as are entrusted by the People’s Assembly, Convention, Political Action Committee and other decision making structures of the movement; communicate decisions taken at the national structures of the movement on behalf of the movement and conduct correspondences of the Political Action Committee, the Convention and the People’s Assembly and ensure that all national structures of the movement are active and carry out their mandates accordingly. Also the Operative Secretary shall prepare ‘annual administrative report’ on the state of the movement, and present the movements’ organisational report to the People’s Assembly. This shall be a fulltime mandate;
- 10.8.4 Treasurer-General; receive and keep all monies on behalf of the movement; provide annual audited financial report; submit to the People’s Assembly, the Convention and Political Action Committee a report showing the Income and Expenditure Account and Balance Sheet of the movement for the period since the previous People’s Assembly; be responsible for business development, investments, fundraising, special investment projects and networking for business opportunities;
- 10.8.5 sixty (60) elected members who are members in good standing of LPM and elected at the People’s Assembly; plus five (5) members each from the women, youth and student command, and seniors command, inclusive of the leaders and secretaries of these command elements. The latter Command element representatives are seconded by their structures to the Convention.
- 10.8.6 two (2) members of LPM from each Regional Convention; who are members in good standing. These members are seconded to the Convention by the Regional Convention.
10.9 Election of the Convention:
- 10.9.1 when nominating the members of the Convention, regard shall be had to the need forgeographic representation on the Convention, as well as skills and gender.
- 10.9.2 elected members of the Convention shall be eligible for re-election.
- 10.9.3 members of the Convention shall be elected by secret ballot at the Convention and shall serve in office for a 5 (five) year term.
- 10.9.4 nominations shall be submitted in writing to and received by the Operative Secretary at least 30 (thirty) days before the beginning of the People’s Assembly.
- 10.9.5 no member may nominate him or herself; only by structures of the party.
- 10.9.6 each nomination must be seconded by another member and nominees must consent to their nomination;
11. THE POLITICAL ACTION COMMITTEE
- 11.1 Be the LPM administrative and policy implementation and policy generation body, subject to the Convention, as its subordinate structure, and shall have the power conferred upon it by this Constitution.
- 11.2 Carry out the decisions and instructions of the Convention.
- 11.3 Regulate membership application procedures.
- 11.4 Have the power to approve or refuse the admission of members to LPM.
- 11.5 Have the power to terminate the membership of any member in terms of the provisions of this Constitution and the Convention, to which it reports.
- 11.6 Have the power to confer Honorary Membership on any person reasonably considered to qualify for such status, subject to the approval of the Convention.
- 11.7 Determine policy and ensure the attainment of the objectives and the fulfilment of the functions of LPM as determined at the People’s Assembly and Convention.
- 11.8 Develop and enforce a Code of Conduct for all members, including for the Convention.
- 11.9 Develop and enforce rules and policies for the selection of candidates for the National Assembly and for the Regional and Local Authorities.
- 11.10 Make decisions and policies binding on all party structures, concerning membership administration, organisation, finance and other matters affecting the welfare of LPM.
- 11.11 Establishcommitteesforspecifictasks.
- 11.12 Facilitate the establishment of the Regional and Local structures as the case may be, and to further exercise the powers over such structures and guide them on their structure and organisation, as well as programmes and policies specific to their geographic sphere.
- 11.13 Have the power to establish trusts and investment companies, appoint and remove trustees and/or directors so appointed from time to time for the sole purpose of advancing and protecting the interests of the movement and its beneficiaries; and perform any other related function for the benefit and interest of LPM.
- 11.14 Mobilise financial, human, technical and other resources for the movement.
- 11.15 BeentitledtodelegateanypowertotheotherstructuresaslistedinthisConstitution.
- 11.16 Have the power to create, elect or appoint any commission or committee and delegate and or assign any specific tasks and duties to the said commission and or committee.
- 11.17 Manage and control all the national and international property and assets of the movement.
- 11.18 At the first sitting of an elected Political Action Committee, nominations shall take place in order to assign the following political departmental positions to the office bearers of the Political Action Committee:
11.18.1 Treasurer-General, who deals with all matters financial within the movement;
11.18.2 Political Czar: Organising and Mobilisation; to connect, grow and expand exponentially, the political base and the strategic partnership of the movement with progressive forces within Namibia;
11.18.3 Global Affairs Commissar: to connect, grow and expand exponentially, the international political base and the strategic partnership of the movement with all
progressive forces the world over, and to seek linkages that will technically, politically and ideologically strengthen the movement;
- 11.18.4 Lead Manager: Constitutional Affairs, lead legal advisor to the movement;
- 11.18.5 Chief Communications Manager; lead communications person, also responsible for the production and publication of documentation and documentaries and all ancillary matters hereto relevant;
- 11.18.6 Lead Manager: Philosophy, Politics, Economics and Decolonisation; responsible for decolonization and linkages with the African Diaspora;
- 11.18.7 Lead Manager: Community Development responsible for all matters related to community development and community welfare; shall lead annual campaigns on social issues so identified;
- 11.18.8 Lead Manager: Futures and Scenarios Planning, responsible for future analysis of local and global social, cultural, economic, political, business, environmental and legal space, and for scenarios planning in that accordance;
- 11.18.9 Lead Manager: Natural Resources, responsible for land and environment issues;
- 11.18.10 Lead Commander: Youth and Students Command Element, responsible for the youth chapter of the movement, and the intended development of strong cadreshipgeared to charge the movement forward for a better tomorrow;
11.18.11 Lead Commander: Women Command Element, responsible for the women chapter of the movement, and the intended development of strong cadreship geared to charge the movement to a better tomorrow; and
11.18.12 Lead Commander: Council of the Wise, responsible for the seniors’ chapter of the movement, and the intended development of strong linkages between the past and the present experiences of the seniors, and to inter-generationally connect our movement for a construction of a stronger tomorrow.
12. NATIONAL MANAGEMENT COMMITTEE
- 12.1 The National Management Committee is tasked with the day-to-day management ofthe administration of the Party as delegated to it by the Political Action Committee.
- 12.2 The Political Action Committee shall elect the National Management Committee.
- 12.3 The National Management Committee shall consist of:
- 12.3.1 the Operative Secretary, who chairs and oversees the work of the NMC, who is also responsible for the overall administrative and organisation posture of the movement;
- 12.3.2 Treasurer-General, as well as the following national office bearers: Political Czar; Global Affairs Commissar; Lead Manager for Constitutional Affairs; Chief
Communications Manager; Lead Manager for Philosophy, Politics, Economics and Decolonisation; Lead Manager of Futures and Scenarios Planning and Lead Manager for Natural Resources; and
12.3.3 the Lead Commanders of Youth and Students Command Element, Lead Manager of Women Command Element and Lead Manager of Council of the Wise, as described in Clause 17.11 above; who will be responsible for the management, implementation and oversight function of the departments, while reporting to the Operative Secretary and the NMC on programmes and work being executed.
12.4 The duties of the National Management Committee shall be to:
- 12.4.1 implement the directives of the Political Action Committee;
- 12.4.2 to appoint the Chief Manager, who shall be the administrative head, who is in turn responsible for appointing all other staff of required to run the day to day administration. The Political Action Committee shall develop policy regarding the separation of duties between administration staff and political office bearers;
- 12.4.3 support all the activities and actions of the movement in the regions and extra- ordinary command structures; and
- 12.4.4 deal with matters specifically delegated to it by the Political Action Committee.
12.5 The National Management Committee shall meet at least once a month, and reports to the Political Action Committee.
- REGIONAL STRUCTURES
Regional structures will be created by the Party on a region by region basis as requiredto support the strategy and or membership of LPM.
- REGIONAL ASSEMBLIES
- 14.1 Subject to decisions of the People’s Assembly and the Convention a RegionalAssembly is the highest organ of LPM in each Region.
- 14.2 The powers of a Regional Assembly shall be subject to the decisions of the People’s Assembly and the Convention, as the case may be.
- 14.3 A Regional Assembly shall implement the decisions and policies of the People’s Assembly and Convention in its regions; elect regional leadership and carry out and develop the policy and programme of the movement in its Region.
- 14.4 Every Regional Political Action Committee, with the guidance and direction of the National Management Committee shall convene a Regional Assembly at least once every 5 (five) years at such date and venue as determined by the respective Regional Political Action Committees, and upon not less than 30 (thirty) days prior written
notice given to members within the region, and prior two months written notice to the National Executive Committee. This notice shall include a preliminary agenda, the audited financial statements and a report from the Chairperson.
- 14.5 All Regional Assembly shall take place not less than three months before the People’s Assembly.
- 14.6 An extraordinary Regional Assembly may be held:
- 14.6.1 at the request of a two thirds majority of the Regional Political Action Committee; or
- 14.6.2 at the signed request of at least two thirds members in good standing within that Region.
- 14.7 Representation at a Regional Assembly shall be subject to guidelines determined, from time to time, by the National Management Committee, provided that such representation is broadly representative of the accredited branches within each Region.
- 14.8 The Regional Assembly shall comprise of the following representatives who are entitled to attend the Regional Assembly:
- 14.8.1 the Regional Political Action Committee;
- 14.8.2 the Constituency Political Action committees;
- 14.8.3 One member from each Local Organising Committee; and
- 14.8.4 the office bearers of the Regional Women Command Element, Youth Command Element, Student Command Element, Seniors Command Element.
14.9 Procedures and guidelines for the convening and conduct of the business of Regional Assembly may be determined, by the Regional Political Action Committee and National Management Committee, as the case may be, from time to time, subject to the provisions of this Constitution.
- 15.1 Decisions of the Regional Assembly shall be taken by a simple majority, provided that if there is an equality of votes on any issue put to the vote, representations and deliberations shall be made after which a second round of voting shall be held.
- 15.2 Each member present shall have one vote.
- 15.3 Voting at the Regional Assembly shall be by secret ballot.
- 15.4 Members shall be not able to vote by proxy.
15.5 The functions of a Regional Assembly shall be to:
- 15.5.1 formulate positions on policy and strategy to be taken forward as recommendations to the National Management Committee, for consideration at the People’s Assembly; or by the Convention as the case may be;
- 15.5.2 provide strategic direction to its region, within the framework of national policy and as directed by the People’s Assembly and Convention, as the case may be;
- 15.5.3 adopt the minutes of the previous Regional Assembly;
- 15.5.4 deliberate on the Grassroots Commissars’ report and financial statements of the region for the preceding years;
- 15.5.5 consider reports received by the Regional Political Action Committee; and
- 15.5.6 elect regional office bearers, for the following term where applicable.
15.6 Minutes of all Regional Assemblies’ and an attendance register will be kept. These will be open for inspection by members.
16. REGIONAL POLITICAL ACTION COMMITTEE
- 16.1 Subject to this constitution the Regional Political Action Committee shall be the highest collective decision making body and governing body of LPM in a Region when the Regional Assembly is not in session.
- 16.2 Every member of the Regional Political Action Committee shall be bound by this constitution and decisions of the People’s Assembly and the Convention.
- 16.3 The Regional Political Action Committee may at its discretion invite any person to attend its meetings on such conditions as it may determine, provided that a person so invited shall have no voting right.
- 16.4 A majority of the members of the Regional Political Action Committee shall constitute a quorum of any meeting of the Regional Political Action Committee.
- 16.5 Each Regional Political Action Committee consists of the following office bearers:
- 16.5.1 Grassroots Commissar; who leads the regions in each area of the country, and is the overall responsible lead person of the movement in any given region. S/He also calls and leads the gatherings, programmes and operational events of the movement, unless otherwise indicated elsewhere. Must provide horizontal and vertical leadership, and be the principal mobiliser within the region;
- 16.5.2 Deputy Grassroots Commissar; shall deputies and assist the Grassroots Commissar;
- 16.5.3 Regional Operative Secretary, is the lead administrative and organisational individual of the movement, who co-ordinates the afore-going areas within the movement;
- 16.5.4 Grassroots Commander; is the active mobilising person, who must be rooted among the people to grow and deepen the membership base of the movement, as well as to create horizontal and vertical networking and association within the regional movement;
- 16.5.5 Regional Communications Manager, communicates matters relevant to the mandate and mission of the movement to members and the broader public, while producing documentation for the intellectual growth of the movement;
- 16.5.6 Regional Treasurer, guides, directs and raises funds in the region for the proper advance of the historic democratising mission of the movement; and
- 16.5.7 five additional elected individuals who are members in good standing; two representative from each constituency in a region (chairperson and secretary) plus two women command members, and plus two youth command members who are lead commanders of these structures; with the purpose to grow the movement within the political space of these captive constituencies.
- 16.6 All Regional Political Action Committees shall meet at least every 3 (three) months, at a date, time and venue to be prescribed by the chairperson.
- 16.7 A Regional Political Action Committee is tasked with implementing the policies.
- 16.8 Programmes and direction of the movement in its Region. It shall have general responsibility for the affairs of LPM in its Region between Regional Assemblies.
- 16.9 The term of office of the Regional Political Action Committee shall be 5 (five) years.
- 16.10 When nominating, the members of the Regional Political Action Committee, regard shall be had to the need for geographic representation on the Regional Political Action Committee, including skills and gender.
- 16.11 Elected members of the Regional Political Action Committee be eligible for re- election.
- 16.12 Members of the Regional Political Action Committee shall be elected by secret ballot at the Regional Assembly.
- 16.13 Nominations shall be submitted in writing to and received by the Regional Political Action Committee at least 30 (thirty) days before the beginning of the Regional Assembly.
- 16.14 No member may nominate him or herself.
16.15 Each nomination must be seconded by another member and the nominees must consent to their nomination.
16.16 The Regional Political Action Committee shall:
- 16.16.1 oversee the functioning of the Local Structures within its respective Region;
- 16.16.2 provide political oversight and leadership within the Region;
- 16.16.3 implement the objectives, policies and programmes of the movement in its respective Region;
- 16.16.4 coordinate all LPM activities and campaigns within the Regions;
- 16.16.5 build a capacity among members and Local Structures;
- 16.16.6 convene a Regional Assembly once every 5 (five) years;
- 16.16.7 plan, guide and support the meetings and activities of the Local Organising Committee;
- 16.16.8 ensure consistency between Regional Political Action Committee activities and LPM’s strategic objectives;
- 16.16.9 account for any funds allocated to the Regional Political Action Committee;
- 16.16.10 retain agendas, minutes and attendance registers of every Regional Political Action Committee meeting; and
- 16.16.11 ensure Regional Political Action Committee meetings take place on a regular basis.
17. CONSTITUENCY STRUCTURES
17.1 CONSTITUENCY POLITICAL ACTION COMMITTEE
- 17.1.1 The Regional Political Action Committee shall observe the established constituency system of Namibia, as per Electoral Act of Namibia.
- 17.1.2 A Regional Political Action Committee in a particular region (‘the Authorising body’), may authorise the establishment of a Constituency Political Action Committee within a constituency under such conditions and subject to the control of the authorising body.
- 17.1.3 Thereafter, any Constituency Political Action Committee so authorised, shall be subject to periodic accreditation at such intervals and in terms of such criteria as the Regional Political Action Committee may, from time to time, determine.
17.1.4 The Regional Political Action Committee shall elect the office bearers of the first Constituency Political Action Committees which are formed. Thereafter, all Constituency Political Action Committee office bearers shall be elected at the Constituency Assembly.
17.2 The office bearers of a Constituency Political Action Committee shall consist of the following Office Bearers:
- 17.2.1 the Constituency Organiser, who is in charge of the active and unceasing mobilisation, and sensitisation of the constituency in general and members, supporters and associates of LPM;
- 17.2.2 the Deputy Constituency Organiser, who shall be in direct supportive and deputising role of the Constituency Organiser;
- 17.2.3 the Constituency Secretary; who shall be the repository of documentation and all ancillary paper and information trail of the movement in the constituency;
- 17.2.4 the Constituency Deputy Secretary; who shall be in direct supportive and deputising role of the Constituency Secretary;
- 17.2.5 Constituency Communications Manager, responsible for media, publications and documentation; and
- 17.2.6 the Constituency Treasurer, for matters relative to finances.
17.3 The Constituency Political Action Committee shall be responsible for the following within their respective constituencies:
- 17.3.1 membership recruitment within the constituencies;
- 17.3.2 planning and calling Constituency meetings from time to time;
- 17.3.3 ensuring that Constituency meetings occur on a regular basis in order to facilitate cohesion and unity within a Constituency;
- 17.3.4 planning, guiding and supporting the meetings of Constituencies;
- 17.3.5 ensuring consistency between Local structure activities within their respective constituencies and with the movements’ overall strategic objectives;
- 17.3.6 acting as a liaison between the Local Structures within their constituencies;
- 17.3.7 accounting for any funds allocated to the Constituency Political Action Committee;
- 17.3.8 retaining agenda’s, minutes and attendance registers of every meeting;
- 17.3.9 to communicate the principles and policy of the movement to the public;
- 17.3.10 to identify local issues within their Constituency;
- 17.3.11 to develop Constituency action programmes, from time to time;
- 17.3.12 to mobilise the public in support of the programme of action of LPM within their Constituency;
- 17.3.13 to participate in the process of democratic selection of candidates for LPM;
- 17.3.14 to constantly recruit members and volunteers to LPM;
- 17.3.15 to identify community based activities and projects;
- 17.3.16 for arranging LPM events in their area of jurisdiction; and
- 17.3.17 to serve as the vehicle for the education, organisation and articulation of the political programme, ideological posture and interests of members of LPM and voters within their Constituency.
- 17.4 Constituency Political Action Committees shall not be able to contractually bind LPM in any way.
- 17.5 Each Constituency Political Action Committees shall act in accordance with this Constitution and subject to any policies developed by the Political Action Committee and Regional Political Action Committees from time to time.
- 17.6 CONSTITUENCY POLITICAL ACTION COMMITTEE MEETINGS:
All Constituency Political Action Committees shall meet at least once a month.
18. CONSTITUENCY ASSEMBLY
- 18.1 All Constituencies are to hold a Constituency Conference every 5 (five) years. A Constituency Conference shall take place not less than 3 (three) months before Regional Assembly.
- 18.2 The powers of a Constituency Conference are such powers as delegated to them by the Regional Political Action Committee or National Political Action Committee as the case may be.
- 18.3 The office bearers of each Local Organising Committees within the Constituency shall be entitled to attend the Constituency Conference.
19. LOCAL ORGANISING COMMITTEE
19.1 Local Organising Committee’s shall be established in each local authority area or settlement within a Region.
19.2 Local Organising Committees shall be responsible:
19.2.1 19.2.2 19.2.3 19.2.4
19.2.5 19.2.6 19.2.7 19.2.8 19.2.9 19.2.10
to communicate the principles and policy of the movement to the public;
to identify local issues within their area of jurisdiction;
to develop local action programmes, from time to time;
to mobilise the public in support of the programme of action of the movement within their area of jurisdiction;
to participate in the process of democratic selection of candidates for the movement; to recruit members and volunteers to LPM;
to identify community based activities and projects;
prepare and run effective election campaigns at local level
arranging LPM events in their area of jurisdiction; and
to serve as the vehicle for the organisation and articulation of the interests of members of LPM and voters in their areas of jurisdiction.
19.3 the committee shall organise LPM structures into the smallest unit, viz, Neighbourhood Action Committees, from as small as ten(10) persons. It shall be led by a Lead Actionist, supported by five (5) Activists. This is the smallest denomination of LPM, and is the key steward, a strategic nucleus for the growth of the movement. Its functions are no different than those highlighted in the Local Organising Committees.
20. TRANSITIONAL ARRANGEMENTS
The Founding National Executive Committee and the Founding Phase
- 20.1 LPM founding phase shall commence on 12 December 2018 and end on 12 December 2023.
- 20.2 During founding phase the Founding Executive Committee shall be the highest decision making body of the movement and shall be vested with all the powers, authorities and responsibilities of the National Executive Committee as provided in this Constitution until such time as the Founding Executive Committee abrogates this Clause 23 of this constitution through a two thirds majority vote of all members of the Founding Executive Committee on a specific resolution to abrogate Clause 23 and all its sub articles and replace it with the establishment of permanent structures of leadership, such as those outlined in Clause 17 of this Constitution.
- 20.3 Members of the Founding Executive Committee shall remain in office until the People’s Assembly elections which takes place at the First People’s Assembly on/or before 12 December 2023.
- 20.4 Clause 23.2 above does not preclude the Founding Executive Committee from delegating these powers, authorities and responsibilities to the structures as envisaged in Clause 17 of this constitution for the purpose of building the structures of LPM in an organic way.
- 20.5 Further to Clause 23.2 above, during the founding phase, the Founding Executive Committee may appoint selected members to envisaged positions in the structures outlined in Article 17 of this constitution, without election, for the purpose of building LPM.
- 20.6 The Founding Executive Committee shall have all the powers as may be necessary, incidental or conducive to the carrying out of the purpose of LPM as outlined in Clause 13 of this Constitution, and in particular but without limiting the generality thereof:
- 20.6.1 to borrow money for any purpose for LPM and to secure the repayment of such money under security of any part of the property and assets of LPM and to guarantee or become liable for the payment of money for the performance of any obligation;
- 20.6.2 to invest and deal with the moneys of LPM not immediately required in such a manner as may from time to time be determined by the founding cabinet;
- 20.6.3 to open a banking account or accounts in the name of LPM and to operate thereon;
- 20.6.4 to legally bind LPM; and
- 20.6.5 to draw, make, accept, endorse, discount, execute and issue cheques, promissory notes, bills and other negotiable or transferable instruments.
- 20.7 The Founding Executive Committee shall consist of a minimum of 3 and a maximum of 25 members.
- 20.8 The management and control of LPM and its property, assets and affairs will be vested in the Founding Executive Committee, who will exercise all the rights and powers of LPM.
- 20.9 The Treasurer along with 1-2 other members of the Founding Executive Committee shall open a banking account or accounts in the name of LPM, into which all moneys received by LPM will be regularly placed. The Founding Executive Committee may decide when necessary, to appoint additional representatives as its authorised representatives with the authority to give the bank instructions and requests.
- 20.10 The role of the Founding Executive Committee shall be to lead LPM through the fragile and fraught founding phase, being true to the vision of LPM, establishing the
various branches of governance; structures of management; tiers of membership, as well as organs and platforms of execution, of LPM.
- 20.11 The Founding Leadership Cabinet may only amend this Constitution with a two thirds majority vote of the members of the Founding Executive Committee agreeing to the amendments.
- 20.12 The founding phase shall last to 12 December 2023, by which time the Founding Executive Committee shall aim to establish a structure of LPM in every electoral ward of Namibia.
- 20.13 The Founding Executive Committee shall operate by consensus.
- 20.14 Meetings of the Founding Executive Committee are called by the Party Leader.
21.1 Membership of LPM is voluntary and shall be open to:
- 21.1.1 any Namibian citizen or permanent resident in possession of an identity document;
- 21.1.2 who is 16 years or older;
- 21.1.3 who accepts LPM ideological posture, principles; policies and programmes; and
- 21.1.4 who is prepared to abide by LPM Constitution and rules.
- 21.2 Individuals who comply with the membership criteria above shall become members of LPM upon paying the requisite membership fee and completing the requisite documentation as prescribed from time to time.
- 21.3 The applicable Local Structure, shall have the sole discretion whether to admit any person as a member of LPM or not, provided that any natural person whose application is refused by the applicable Local Structure, shall be entitled to appeal against such decision to the applicable Regional structure.
- 21.4 The Regional Political Action Committee shall give written reasons should it confirm a refusal of prospective membership.
- 21.5 Each Local Structure shall keep a register containing a list of all Members registered with such Local Structure. The data from such registers shall be transferred [on a monthly basis] to the national membership register kept by LPM at the registered office of LPM.
22. MEMBERSHIP FEE
Members shall pay an annual subscription fee as determined by the National Management Committee from time to time.
23. SEQUESTRATION OF MEMBERSHIP
23.1 A member’s membership may be suspended or terminated:
- 23.1.1 upon receipt by LPM of written notice from the member of that member’s resignation from LPM;
- 23.1.2 upon termination of membership by the National Management Committee or the Regional Political Action Committee, as the case may be, on the grounds of misconduct;
- 23.1.3 upon remaining or becoming a member of another political party;
- 23.1.4 upon death; or severe incapacitation,
- 23.1.5 subject to clause 25 of this Constitution: if the National Management Committee or the Regional Political Action Committee, as the case may be, decides to terminate the membership of a Member on grounds considered reasonable in its discretion; and
- 23.1.6 upon a member failing to pay membership fees when such fees are due and payable, unless the National Management Committee has determined otherwise;
- 23.2 A Member on suspension or who has been expelled from LPM shall immediately cease to hold himself or herself out as a Member and shall also cease to use the name LPM and/or its emblems and shall cease to participate directly or indirectly in any activities and/or structures of LPM including any trust or company established by LPM whilst the suspension or expulsion is in force.
- 23.3 Any Member whose membership is terminated in accordance with the provisions of this Clause 30 and who subsequently applies to be readmitted as a Member, shall be treated as a new applicant for purposes of considering such application, provided that no application for membership by such former Member shall be accepted within 12 (twelve) months following the date on which membership was terminated.
24. RIGHT AND DUTIES OF MEMBERS 24.1 Members of LPM are entitled to:
- 24.1.1 participate in the discussion, formulation and implementation of the policy of LPM;
- 24.1.2 request and receive information on LPM policy and activities; and
- 24.1.3 elect and be elected.
24.2 Members of LPM shall:
- 24.2.1 subscribe to the vision, mission, principles and programme of LPM which may be formulated;
- 24.2.2 agree to abide by this Constitution, and to internalise the intrinsic and extrinsic values of the movement, and thereby to ensure that LPM invariably becomes the leader of society at large;
- 24.2.3 to study, understand explain the political aims, socio-economic, cultural and governance policy and programme of LPM to fellow citizens, and to live out the true meaning of these values in an exemplary manner;
- 24.2.4 to constantly improve their personal skills, knowledge and intellectual resource capabilities by enrolling and interacting with institutions, associations, instances and individual’s that will abet this continuous learnership;
- 24.2.5 articulate and actualize the political objectives and political programme of action of the movement at all levels of society, in order to ensure robust and visible socio- economic transformation; and
- 24.2.6 be agents of transformation at home and abroad.
25. DISCIPLINE AND CODE OF CONDUCT
- 25.1 The National Political Action Committee may adopt a Code of Conduct to which all Members shall adhere, which Code of Conduct shall be capable of amendment by two thirds of its members.
- 25.2 The code of conduct shall always incorporate the following principles:
Members shall at all times and in whatever capacity act to:
maintain, honour and promote the vision, values, political philosophy and public dignity of the movement;
treat others with courtesy and fairness and inherent human dignity;
to manifest the change agency role LPM professes to be in society;
conduct their personal and public lives with care and sense of extra-ordinary leadership acumen;
refrain from using, directly or indirectly, LPM or any structure within the movement, to advance their own political, religious, social or economic needs at the expense of the movement and/or any other reason;
188.8.131.52 refrain from committing any act that may conflict with the aims of LPM or which may prejudice the interests and good name of LPM or other members of LPM; and
184.108.40.206 diligently and with due care, carry out any obligations and duties such member may have toward LPM.
25.3 The National Management Committee or the Regional Political Action Committee may suspend any Member for the duration of any disciplinary proceedings.
26. DISCIPLINARY PROCEDURE
- 26.1 A Disciplinary Committee shall be appointed by the Regional Political Action Committee and/or the National Management Committee as the case may be, at the request of any Leadership Structure within LPM. A Disciplinary Committee shall be constituted for a particular case only; and shall comprise of 3 (three) members, 2 (two) of whom shall be the members of the Regional Political Action Committee within who’s jurisdiction the Member belongs, 1(one) of whom shall be appointed by the National Political Action Committee at its discretion. In a case of a national member, 2 (two) national members and 1 (one) regional member shall form a committee.
- 26.2 A Disciplinary Committee once constituted shall have the power:
- 26.2.1 to investigate any alleged or suspected breach by a Member of this constitution, the code of conduct or any other conduct warranting the appointment of a Disciplinary Committee;
- 26.2.2 to call upon any Member and for witnesses where applicable, to furnish the Disciplinary Committee with such information as it may deem necessary to properly consider the alleged breach;
- 26.2.3 to hand down a verdict as to whether the breach of the said code of conduct was committed by the Member concerned or not; and
- 26.2.4 to order the suspension (for such period as in its sole discretion deemed fit) or expulsion of any Member who, in its opinion, has breached the code of conduct or this Constitution and or acted in a manner warranting any such suspension and/or termination.
- 26.3 All proceedings of the Disciplinary Committee shall be conducted in a summary manner, on the basis that, it shall not be necessary to observe or carry strict rules of evidence and the procedure to be followed shall be laid down by the Disciplinary Committee, provided that such procedure shall be based on accepted principles of fairness and equity.
- 26.4 The Disciplinary Committee shall be entitled to consult such persons as it may deem necessary in order to reach a just and equitable conclusion.
- 26.5 The Member concerned shall have no right to be present during the consultation or to be made aware of such consultations.
- 26.6 The Disciplinary Committee shall from the date of its appointment endeavour to complete its investigations and to deliver its verdict within a period of 3 (three) months or so soon thereafter as is reasonably practical.
- 26.7 Every member subject to a Disciplinary Procedure shall be afforded the opportunity of stating his or her case at a sitting of the Disciplinary Committee.
- 26.8 The member may not be represented by a legal practitioner, but may be represented by another member in good standing.
- 26.9 In any hearing, the member’s right to be heard shall be respected.
- 26.10 The Disciplinary Committee shall in writing inform the Member whose conduct was investigated of its verdict and its reasons thereof.
27. APPEAL PROCEDURE
27.1 In the case of an appeal against the verdict of the Disciplinary Committee, the Member shall lodge a notice to appeal such verdict, in writing, with the Grassroots Commissar of the relevant Regional Political Action Committee within 20 (twenty) days from the date such Member was informed of the verdict. The Commissar shall convene an appeals panel within 20 (twenty) days of receipt of the aforesaid notice of appeal which appeals panel shall consist of 3 (three) members, 2 (two) of whom shall be nominated by the National Management Committee, who did not participate in the disciplinary enquiry subject to the appeal, and 1 (one) of whom shall be independent persons who shall be a practising attorney.
28. LPM STUDENT AND YOUTH COMMAND
- 28.1 A Student and Youth Command shall be established in order to further the policies, objectives and programmes of LPM among students and young people within the ages of 16 and 35.
- 28.2 The main objectives of the LPM Student and Youth Command shall be to promote the interests of the youth and the mobilisation of youth to LPM, and to advance the interests of this vital political constituency.
- 28.3 The National Political Action Committee shall adopt a Constitution in order to establish and govern the LPM Student and Youth Command.
- 28.4 The LPM Student and Youth Command Constitution shall promote the vision, principles and programme of action of the movement.
28.5 The provisions of the LPM Student and Youth Command Constitution shall not contain any provision which is inconsistent with this Constitution. In the event of any inconsistency or dispute in respect of the interpretation thereof, the provisions of this constitution shall prevail.
29. WOMEN’S COMMAND
- 29.1 An LPM Women’s Command shall be established in order to further the policies, objectives and programmes of LPM command among women and to pay particular attention to the interests of and the matters affecting women.
- 29.2 The National Political Action Committee shall adopt a Constitution in order to establish and govern the LPM Women’s Command.
- 29.3 The LPM Women’s Command Constitution shall promote the vision, principles and programme of action of LPM.
- 29.4 The provisions of the LPM Women Command Constitution shall not contain any provision which is inconsistent with this Constitution. In the event of any inconsistency or dispute in respect of the interpretation thereof, the provisions of this constitution shall prevail.
30. COUNCIL OF THE WISE
- 30.1 An LPM Council of the Wise shall be established in order to further the policies, objectives and programmes of LPM among senior citizens and to pay particular attention to the interests of and the matters affecting senior citizens.
- 30.2 The National Political Action Committee shall adopt a Constitution in order to establish and govern the LPM Seniors Command.
- 30.3 The LPM Council of the Wise Constitution shall promote the vision, principles and programme of action of LPM.
- 30.4 The provisions of the LPM Council of the Wise Constitution shall not contain any provision which is inconsistent with this Constitution. In the event of any inconsistency or dispute in respect of the interpretation thereof, the provisions of this constitution shall prevail.
31.1 LPM books shall be subject to an audit by external auditors, to be appointed by the
National Management Committee.
- 31.2 The National Management Committee shall authorise the establishment of a National Financial Committee which shall be chaired by the Treasurer-General.
- 31.3 The National Financial Committee shall consist of:
31.3.1 Treasurer-General (Chairperson);
31.3.2 Deputy Chairperson (a member of the National Management Committee not holding any other position in the National Executive Committee); and
31.3.3 4 (Four) persons co-opted from the National Executive Committee on the basis of their relevant skills and competencies.
- 31.4 The National Financial Committee shall receive financial statements and reports of the finances of LPM compiled by the Treasurer-General, review such financial statements and reports and make such available to appointed auditors for auditing.
- 31.5 The National Financial Committee shall compile Annual Financial Reports for submission to and consideration of the National Management Committee.
32. INCOME AND PROPERTY
- 32.1 LPM and all its structures will keep proper records of its income, expenses, assets andliabilities.
- 32.2 LPM may not give any of its money or assets to its members or office bearers, except as reasonable remuneration for work done, services rendered or approved expenses incurred.
33. DISPUTE RESOLUTION
- 33.1 Appointment of Mediation Panel.
- 33.2 The National Management Committee or Founding Executive during transitional phase or Regional Political Action Committee, shall appoint on a case by case basis a panel of 2 (two) or 3 (three) people to mediate any dispute that may arise in the party from time to time.
- 33.3 The National Management Committee/Founding Executive/Regional Political Action Committee shall have the power to refer any dispute to any relevant constitutional structure of the party as it sees fit.
34. POWERS AND FUNCTIONS
34.1 The Panel has all the powers as are necessary to exercise its functions in terms of this Constitution and must, at the request of any member, subject to the procedures set out herein:
- 34.1.1 Investigate any allegation of unjustified preference for or prejudice against any member or group of members as a consequence of that members or those members race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth;
- 34.1.2 Investigate any internal policy, procedure or practice, the alleged effect of which is to unjustifiably prefer or prejudice any member or group of members, as a consequence of that members or those members race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth;
- 34.1.3 Investigate any allegation of an action or statement by a member or group of members taken or made against any other member or group of members which sought to advance or deprecate that latter member or group of members as a consequence of his, her or their race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.
- 34.1.4 Investigate any other matter referred to it by the National Management Committee or the Regional Political Action Committee.
- 34.1.5 Determine the date or dates for any investigation;
- 34.1.6 Hears evidence or views, accepts, exhibits and calls for papers or documents relevant to the investigation;
- 34.1.7 Reports to the National Management Committee/Founding Executive Committee or Regional Political Action Committee on all investigations that they have undertaken, and may make recommendations to the these structures on any matter or issue that arises directly or indirectly from any such investigation;
- 34.1.8 Shall mediate between parties involved in any investigation, wherever possible;
- 34.1.9 May refer any person or any matter to the National Management Committee/Founding Executive Committee/Regional Political Action Committee for further investigation, following the procedures set out herein, if there are prima facie grounds for a disciplinary enquiry; and
34.1.10 May decide that a matter referred to it does not warrant investigation on the grounds that it is frivolous, vexatious or without foundation.
- 35.1 Any complaint to the Panel must first be directed to any member of the National Management Committee/Founding Executive Committee for referral to the panel, preferably to the chairperson.
- 35.2 The Panel must deal with each complaint as soon as reasonably possible, but each complaint must be finalised by the Panel no longer than 2 (two) months after it has been referred to it, and by the National Management Committee/Founding Executive Committee /Regional Political Action Committee no longer than 3 (three) months after it has been referred to it. These above mentioned structures may grant an extension of time only in exceptional circumstances, and then for as short a time as possible.
- 35.3 No complainant or witness may insist on legal representation unless there are compelling reasons for him or her to be so represented. The decision as to whether there are such reasons is in the sole discretion of the National Management Committee/Founding Executive Committee/Regional Political Action Committee.
- 35.4 All proceedings in terms of this Clause shall be in camera.
- 35.5 No evidence before the Panel may be used in any subsequent disciplinary proceedings of a Disciplinary Committee.
- 35.6 The National Management Committee/Founding National Executive Committee/Regional Political Action Committee shall inform the complainant in writing immediately after it has considered the report or investigation.
- 35.7 No member of the professional staff may submit a complaint for investigation by the Mediation Panel unless that member has exhausted all channels provided for by the Party’s human resources policy.
- 35.8 The National Management Committee shall refer recommendations of the Mediation Panel to the National Political Action Committee for action to be taken.
- 35.9 The National Management Committee must report to the National Political Action Committee/Founding Committee what action it has taken as a result of any report or recommendation received from the Panel.
- 35.10 The National Management Committee/Founding Executive Committee must fund and resource the Panel to enable it to fulfil the above responsibilities.
36. RELATIONS WITH OTHER ORGANISATIONS
36.1 LPM fosters friendly relations and maintains bonds internationally with like –minded organisations, political parties, institutions, including academic institutions, research centres, individuals and association’s that align with the political philosophy and objectives of LPM.
36.2 LPM shall enter into election or any other agreement with other political parties or independent candidates if it promotes or aligns with the political philosophy and strategic and tactical objectives of the movement. Such agreements shall be approved by two-thirds of the members present at a meeting of the National Political Action Committee called for that purpose.
37. AMENDMENTS TO CONSTITUTION, MERGERS AND DISSOLUTION
- 37.1.1 This Constitution, as has been adopted, repeals all other Constitutions previouslyadopted by LPM and becomes the governing document of LPM and all its members.
- 37.1.2 This Constitution becomes effectively binding, enforceable and applicable forthwith upon signatures thereon by the members of the Founding Executive Committee.
- 37.1.3 After the founding phase, this Constitution may be amended by resolution.
- 37.1.4 A resolution to amend this Constitution shall be agreed upon and passed by not less than two thirds of the members present at a People’s Assembly or Extraordinary People’s Assembly.
- 37.1.5 Two thirds of the members shall be present at the People’s Assembly or Extraordinary People’s Assembly, as the case may be (“the quorum”) before a decision to amend the constitution is taken.
- 37.1.6 A written notice must go out not less than 30 (thirty) days before the People’s Assembly or Extraordinary People’s Assembly at which the amendments to the constitution are going to be proposed. The notice must indicate the proposed amendments to the constitution that will be discussed at the People’s Assembly or Extraordinary People’s Assembly, as the case may be.
- 37.1.7 No amendments may be made which will have the effect of making LPM cease to exist.
37.2 LPM may cease to exist or merge if at least two-thirds of the members present and voting at a People’s Assembly or Extraordinary People’s Assembly, as the case may be, convened for the purpose of considering such a matter, are in favour of dissolving LPM or merging LPM with any other party and consequently dispose of its assets.