Constitution

 CONSTITUTION

 

 

 

DEMOCRATIC ASSEMBLY for

RESTORATION and EMPOWERMENT

[DARE]

 

Silundika House

No22 George Silundika

2nd Floor, Suite 204

 

Harare

 

 

MARCH 2014____________________________________________________________

 

 

 

 

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PREAMBLE

 

Whereas, we the people of Zimbabwe are being bound by the spirit of nation building, development, unity, peace, principles of protecting human rights and democracy:

 

Proud of Zimbabwe’s history of struggle and the achievement of freedom from the whiteminority rule by the people of our country.

 

Recognizing our responsibility to protect and defend the Constitution of the Republic ofZimbabwe;

 

Determined to ensure that the freedom that our people won is defended, restored and thevalues that are enshrined in the Constitution of the Republic of Zimbabwe are deepened in our society;

 

Convinced of the yearning of Zimbabwe society to install a government that is and remainsat all-time committed and inspired to implement all measures necessary to achieve, promote and protect human rights and freedoms, as well as empower, eradicate poverty, marginalization and all forms of discrimination- in particular against women, youth and people with disabilities- and to contribute to the success of the efforts of such a government;

 

Believing in the importance of a devolved government system

 

 

United in our resolve to establish a united, non-sexist, non-racial, democratic, prosperous andinclusive society and a Zimbabwe identity we all share;

 

Committed to the improvement of social conditions and the lives of our people, to free thepotential of each person, and to strengthen social cohesion, hereby undertake to redouble our efforts to build, restore and strengthen a cohesive society that celebrates diversity by upholding the fundamental values of respect, integrity,Hunhu/Ubuntu, compassion, openness, accountability and solidarity.

 

 

 

 

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STATEMENT OF FUNDAMENTAL BELIEFS

 

 

We the Democratic Assembly for Restoration and Empowerment [DARE] believe that all Zimbabweans are inherently good and because of this-

 

We believe in inspiring all Zimbabweans to advance from being good to being great locally and internationally.

We believe that we can make government work for all Zimbabweans in particular, women, youth, the poor, urbanites and those in rural areas:

 

To eradicate poverty, corruption , to create jobs and other appropriate income earning opportunities, to protect our people from exploitation, to advance citizen participation in all spheres of public endeavour;

 

To restore people‘s dignity ,the values of the liberation struggle;

 

To restore the true meaning of empowerment moving from rhetoric to practical realism ;

 

To improve and protect people’s health through appropriate measures, including staffing, medication, the provision of adequate protection from and treatment for all infectious diseases including HIV and AIDS and Cancer;

 

To educate our children; to develop and conserve human resources; to promote equal opportunity for all to prosper;

 

To encourage free, and ethical economic activity upholding transparent and arms-length relations between political and business interests;

 

To advance research and development, science and industry in order to be competitive and enable economic growth as well as development and the equitable distribution of the benefits of economic growth;

 

To support the arts, sports and humanities,

 

To develop and conserve our natural resources, to preserve, protect and enhance our environment, including our built in environment

 

 

The Democratic Assembly for Restoration and Empowerment (herein referred to as DARE) represents a movement committed to shape, restore the future of our country and to inspirehope in our people. At the heart of our movement lies a fundamental belief, that all Zimbabweans must be free and live fulfilled lives; that in order for this to happen,

 

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government must promote equal opportunities for all to prosper and protect people’s rights as enshrined in the Constitution of the Republic of Zimbabwe. We believe that it is the responsibility of government to help our people achieve justice and fairness in society and therefore we envisage;

 

A society where equal rights for all are guaranteed and protected and particular focus is given to the promotion, protection and advancement of the rights of women, children, the elderly, people with disabilities and the youth;

 

A society that is responsible and understands that democracy means more than the right to vote periodically, but must mean opportunity for all citizens to enjoy active and continuous participation in civic life and to meaningfully provide input and shape governance;

 

A society where all the people can find jobs or other appropriate means of income and contribute to growing the economy;

 

A society where a sound education, proper nutrition, quality medical care, affordable housing, safe streets and a healthy sustainable environment are possible for everyone; A society where discrimination in any form based upon race sex, age, colour, creed, national  origin,  religion,  ethnic  identity,  sexual  orientation,  economic  status, ideological  persuasion  or  disability  are  condemned  and  government  moves aggressively to end such discrimination through implementing the law and ensuring

 

institutional capacity to eradicate and provide redress for such discrimination;

 

A society where the elderly and the disabled can lead lives of dignity and where social development remains an unshakable commitment for all citizens and the government;

 

A society where taxes are clearly based on a fair system;

 

A society where we recognize that the strengthening of the family and the protection of children are essential to the integrity and health of the nation;

 

A society where ordinary citizens can serve their communities and based on the enabling environment created by government- can develop and advance the neighbourhoods in which they live;

 

 

 

 

This is OUR Belief, OUR Commitment, and OUR Promise

 

 

 

 

 

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Article 1 NAME

 

The name of the organisation is Democracy Assembly for Restoration and Empowerment, hereinafter referred to as DARE.

 

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

 

Article 2 AIMS AND OBJECTIVES

 

The aims and objectives of DARE are to build a modern social democratic political party, under the following guiding principles:

2.1  To ensure that the resources (land, conservancies among others) and wealth of Zimbabwe is shared, distributed and redistributed equally among every citizen without any political, economic and social discrimination.

2.2   To ensure that all the generations from the age of 18 years including youths and women benefit from real indigenisation and empowerment programmes.

 

2.3    To be a Party of first choice which realises that generational wealth gate must be redressed in order for the productive, innovative, creative generation to look for the young and infirm

2.4    To fight and uproot corruption in every sector of the economy, political, social and religion in Zimbabwe.

2.5   To have a fully independent Zimbabwe with equal partners for development within the global world.

 

2.6    To build a Zimbabwe where freedoms are guaranteed in form of speech movement, religion as long as such religion does not affect the balance of nature.

 

2.7   To restore, uphold and apply fully the rule of Law and restore human rights, equality before the law and equal opportunities for all people in Zimbabwe, regardless of race, tribe sex, religion or origin.

 

2.8     To support and advance the cause of people with disabilities, children, youth and women’s emancipation.

 

2.9   To create a conducive environment for creative, productive and innovation in order to revive and uplift the economy through job creation as a way of bridging the gap of poverty among millions of young generations that are out of employment.

 

 

 

 

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2.10   To create a government that governs with the people and ensuring that power has been dissolved from the central government to the local level.

 

2.11   Support and advance the cause of national transformation agenda, development, world peace, disarmament and environmentally sustainable development.

 

2.12       To encourage on-going national, international dialogue committed to peace, transformation of gender relations, non-racialism democracy and preservation of our environment.

 

Article 3 THE CHARACTER OF DARE

 

DARE is a unitary organization that shall endeavour to acknowledge the distinction between party and state function and aspires to have a clear separation of roles and functions between party leadership and state leadership responsibilities; underpinned by the following ideals:

 

3.1.  DARE is a non-racial and non-sexist post liberation democratic movement.

 

3.2.   Its 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.   DARE also contests elections as a registered political party drawing its electoral support from all sections of the Zimbabwean society.

 

3.4.  DARE shall, in its composition and functioning, be democratic, non-racial and non-sexist and against any form of racial, tribalistic or ethnic exclusivist behaviour or chauvinism.

 

3.5.   While striving for the maximum unity of purpose and functioning, DARE will respect the linguistic, cultural and religious diversity of its members.

 

3.6.  DARE will support the emancipation of women, combat sexism and ensure that the voice of women is fully 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 will operate within DARE.

 

3.8.     Membership of all bodies of DARE will be open to all men and women in the organisation without regard to race, colour or creed.

 

 

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3.9. DARE co-operates closely with religious bodies that include the Zion apostolic churches, Evangelical churches, Muslims ,Pentecostal and mainline churches in the country for the recognition of the spiritual needs of its members who are believers.

 

3.10   DARE shall improve lives of our people, to free the potential of each person and to strengthen social cohesion.

 

3.11   DARE commits itself to a democratic social order that will respect completely different cultures, languages and religious rights of all sections of our society and democratic rights of each individual.

 

ARTICLE 4: Membership

 

4.1 Membership of the Party is open to

 

(a)      Membership of the Party is open to all persons who agree with its fundamental values and objectives without discrimination as to age, ethnic origin, religion, disability and gender

(b)   Any organization, association or society whose aims and objectives are not inconsistent with those of the Party.

4.2 Membership of DARE shall be open to all Zimbabweans 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.

 

4.3    Applications for membership shall be considered by the DARE Branch Committees where such exists, and by the DARE District Committee, if no DARE Branch Committees exists. The DARE Branch Committees, the DARE District Committee, or such interim structures as the DARE Provincial Committee or the DARE National Committee may create from time to time to decide on applications, may accept or refuse any application for membership provided such acceptance or refusal shall be subject to review by the next higher organ of DARE

4.4   Membership cards will be issued to registered members of DARE 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 will be issued with an acknowledgement of provisional membership and the details of the branch and constituency/area in which the applicant resides and any available information about the local branch structures.

 

 

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4.7 a) Provisional memberships will apply to persons who wish to join the organisation for the first time or who wish to re-join the organisation 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 may attend branch meetings only in a non-voting capacity.

 

4.8  Any objection to any application for membership may be made by any member of DARE to the branch, regional or provincial secretary within eight weeks of the notification.

 

4.9   At any time before the individual is accepted as a full member of the organisation, or in exceptional circumstances even after the member has been admitted, the Chairman thru the office of the General- Secretary may give an instruction that the application or the membership may be rejected if it was invalidly obtained.

 

4.10   In the absence of any objection from the structures and/or any ruling by the General Secretary, the applicant shall, on the expiry of eight weeks from the date of notification of provisional membership, become a full member. The provisional member will then 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 General Secretary or the objection by the membership to the application for membership must be sent to the individual applicant in writing.

 

4.12  Membership cards will be issued to registered members of DARE and to persons whose application for membership have been accepted, subject to review and subject to payment of the prescribed subscription in all cases.

 

4.13    Members shall pay an annual subscription fee as determined by the DARE National Committee.

 

4.14  Non-earning members or those on reduced incomes will pay such fees as are determined by the DARE National Committee.

 

 

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4.15 On being accepted in DARE, 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 aims and objectives of the DemocracyAssembly For Restoration And Empowerment as set out in the Constitution, and other dulyadopted policy positions, that I am joining the organisation voluntarily and without motives of material advantage or personal gain, that I agree to respect the 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 DARE an even more effective instrument of transformation 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.

 

4.16 Members who fail to pay their subscriptions for three months and having been reminded of their lapse will not be regarded as members in good standing until they pay their arrears.

 

Article 5: RIGHTS AND DUTIES OF THE MEMBERS

 

 

5.1  Every member of the Party shall have the right to:

 

(a)    Vote in any Party elections in accordance with such rules and regulations.

 

(b)   Be elected to any office in the Party.

 

(c)    Participate in meetings and other activities organized by the Party.

 

(d)   Take a full and active part in the discussion, formulation and implementation of the policy of The Party.

 

(e)      Receive and impart information on all aspects of DARE policy and activities.

 

(f)    Offer constructive criticism of any member, official, policy programme or activity of DARE within its structures.

(g)   Take part in elections and be elected or appointed to any committee, structure, commission or delegation of DARE.

(h)   Submit proposals or statements to the branch, province, provided such proposals or statements are submitted through the appropriate structures.

 

 

 

 

 

 

 

 

 

 

 

 

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5.2 Duties of the Member

 

 

Every member of the Party shall have the duty:

 

(a)    To be loyal to the Party.

 

(b)   To observe and resort to the Policies, Rules and Regulations of the Party.

 

(c)    To strive continuously to raise the level of his or her own political and sound consciousness and understanding of Party policies.

(d)   To strengthen, promote, defend the Party and popularize its policies.

 

(e)    To conduct himself or herself honestly and honourable in dealing with the Party and public and not to bring the Party into disrepute or ridicule.

(f)    Deepen his or her understanding of the social, cultural, political and economic problems of the country.

(g)   Fight against racism, tribal chauvinism, sexism, religious and political intolerance or any other form of discrimination or chauvinism

(h)   Observe discipline, behave honestly and carry out loyally decisions of the majority and decisions of higher bodies

(i)     Inform his or her branch of movement to any other area and report to the branch committee secretary on arriving at any new area.

 

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

(k)   All members shall ensure that they are registered as voters in the constituency where they live. DARE 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 Articles and to abide by its decisions under the general provisions of this Constitution and the constitutional structures of DARE.

 

Article 6: GENDER AND AFFIRMATIVE ACTION

 

6.1   In the endeavour to reach the objective of full representation of women in all decision-making structures, DARE shall endeavour to implement a programme of affirmative action, including the provision of a quota of not less than fifty percent (50%) of women in all elected structures of DARE to enable such effective participation where such women avail themselves .

6.2      The method of such implementation will be addressed in all DARE structures immediately and on a continuing basis.

 

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Article 7: ORGANISATIONAL STRUCTURE

 

 

7.1 DARE consists of the following organs:

 

  1. The National Congress that elects the DARE National Committee [DNC].

 

  1. The Council of Elders appointed by the DNC.

 

  1. The National General Council between National Congresses.

 

  1. Provincial Congress that elects the Dare Provincial Committee [DPC].

 

  1. The Provincial General Council in between Provincial Congresses.

 

  1. The District Congress that elects the Dare District Committee [DDC].

 

  1. The District General Council in between District Congresses.

 

  1. The Annual General Meeting that elects the Dare Branch Committees [DBC].

 

 

7.2  Branches may be grouped together on a voting district basis, however Branches may also be grouped in wards and may be subdivided into smaller units such as street committees, and zones may be grouped into sub-Districts.

 

7.3   DARE Women’s Forum [DWF]is open to women who are members of DARE and have the same basic structure, namely, national, provincial, district and branch. Its objectives are to defend and advance the rights of women, both inside and outside DARE, against all forms of national, social and gender oppression and to ensure that women play a full role in the life of the organisation, in the people’s struggle and in national life. The Women’s Forum will function as a semi-autonomous body within the overall structure of DARE , of which it will be an integral part, with its own Constitution, rules and regulations, provided that these shall not be in conflict with the Constitution and policies of DARE .

 

7.4   DARE Youth Movement [DYM] is open to all persons between the ages of 14 and 35. It will operate on a national, provincial, district and branch basis. Its objectives are to unite and lead young men and women in confronting and dealing with the problems that face the youth, and in ensuring that the youth make a full and rich contribution to the work of DARE and the life of the nation. The Youth Movement will function as a semi-autonomous body within the overall structure of DARE , of which it will be an integral part, with its own Constitution, rules and regulations, provided that these shall not be in conflict with the Constitution and policies of DARE .

 

 

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7.5  Members of the Youth Movement over the age of 18 are expected to play a full part in the general political life o DARE.

 

7.6   A member of the Youth Movement shall not be eligible for any position as office-bearer of DARE or to attend DARE congresses, members����� or executive meetings of DARE (unless specially invited), unless he or she is a full member of DARE for example the president and general secretary of the Youth Movement .

 

7.7   DARE Council of Elders (DCE) shall be open to eminent Zimbabweans of 50 years or older

(who may not necessarily hold membership in DARE) who have excelled in various fields in the socio-political landscape of our country and its liberation and transformation agenda. Its objectives are to ensure that the Elders make a full and rich contribution to the work of the DARE through the DNC, the movement and the life of the nation in an advisory capacity. The DCE may by invitation of the DNC, be utilized as an Alternative Dispute Resolution body. The DCE shall hold at least one (1) evaluation meeting per year with the DNC, to report on its work.

 

7.8    DARE recognizes Sector representation through various forums as approved by DNC and/or DPC and/or Congress

.

 

Article 8: THE HEADQUARTERS

 

The site of the National Headquarters of the DARE will be determined by the DNC.

 

 

Article 9: PROVINCES

 

 

9.1     For purposes of DARE structures, the country will be divided into the following provinces, which will be demarcated to correspond strictly to the provincial boundaries established in the Zimbabwe Constitution: Harare, Bulawayo, Masvingo, Manicaland, Midlands, Mashonaland Central, Mashonaland West, Mashonaland East, Matabeleland South and Matabeleland North

 

9.2    The provincial headquarters will be determined by the DARE Provincial Committee (DPC)

 

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Article 10: THE NATIONAL CONGRESS

 

10.1 The National Congress is the supreme ruling and controlling body of DARE. It shall be composed of:

 

10.1.1 Voting delegates:

 

  1. At least 90% of the delegates at Congress shall be from branches, elected at properly constituted branch general meetings. The number of delegates per branch shall be in proportion to its paid up membership, provided that each branch in good standing shall be entitled to at least one delegate.

 

  1. The number of delegates to be allocated to each province to attend National Congress shall be fixed by the DNC in proportion to the paid up membership of each province.

 

  1. All members of the DARE National Committee shall attend, as full participants in and as voting delegates to the Congress.

 

  1. The remainder of the 10% of voting delegates at the Congress shall be allocated by the DNC from among the DARE Provincial Committees, DARE Youth Movement and DARE Women’s Forum.

 

10.1.2 Non-Voting Delegates:

 

The DNC may invite recognized sectors and/or individuals, who have made a special contribution to the transformation agenda or who have special skills or experience, to attend the Congress.

 

10.2   The DNC will appoint a congress preparatory committee which will circulate congress 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.

 

10.3     The Congress shall determine its own procedures in accordance with democratic principles.

 

 

 

 

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10.4   Voting on key questions shall be by secret ballot if at least one third of the delegates at National Congress demand it.

 

10.5  DCE members shall be eligible to attend as ex officio members of Congress.

 

 

10.6  The National Congress will be convened at least every four years.

 

 

Article 10a THE NATIONAL GENERAL COUNCIL

 

 

10a (1) A National General Council shall be convened between Congresses if the DNC shall convene the NGC not later than 24 months after Congress.

 

10a (2) A NGC will, on good cause shown, be convened by the DNC upon the request of one-third (1/3) of the Provinces.

 

10a (3) The National General Council consists of all members of the DARE National Committee, Council of Elders, DARE Provincial committees and delegates representing branches in proportion to membership, with a minimum of one delegate per branch. The Women and Youth Movements will be represented by their DNCs. The DPC’s will be appropriately represented as determined by the DNC.

 

10a (4) The National General Council may discuss and decide any issue it deems necessary, including any matter brought before it by the DNC, and may decide on any matter falling within its competence, subject always to the policies and directives of The National Congress, National General Council, The DARE Policy Congress or the DNC.

 

10a (5) The NGC may fill any vacancy on the DNC, provided that the filling of vacancies does not exceed 50% of the membership of the DNC.

 

 

 

 

 

 

 

 

 

 

 

 

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Article 11: DUTIES AND POWERS OF THE NATIONAL CONGRESS

 

 

The National Congress shall:

 

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

 

11.2.    Receive and discuss the reports of the DNC which shall include the Presidential Address, the General Secretary’s Report, which shall include a report on the work and activities of the Council of Elders, Women’s Forum and Youth Movement, and the National Treasurer’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 DARE.

 

11.4.   Elect the Chairperson, vice Chairperson, President, the first Deputy President, second Deputy President, the General Secretary, Vice General Secretary, National Treasurer&Vice, , National Coordinator&Vice, Head of Policy, Head of Elections, Head of International Affairs, Head of Communications and the remaining 20 additional members of the DNC.

 

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

 

11.6.  DARE shall assemble in a National Congress every four years in a year which precedes Zimbabwe’s National elections and not later than 12 months before the national elections.

 

11.7.  The National Congress shall be the highest authority of DARE.

 

 

11.8.  The National congress shall recognize the provinces, district and other structures (the DARE Youth Movement, DARE Women’s Forum as well as establishing sectors such as Business and Professionals Forums) entitled to participate in the conduct of the national affairs of Democracy Assembly For Restoration And Empowerment.

 

11.9.   The rules of DARE relating to the election of delegates to the National Congress shall comply with this Constitution.

 

 

 

 

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11.10.    This Constitution shall take precedence in the event of conflict between any other guiding documents.

 

11.11.    The National Congress shall be composed of delegates from national, provincial, district and branch structures. The delegates shall be chosen through processes which:

 

a)  Ensure the voters of DARE have full, timely and equal opportunity to participate;

 

b)  Ensure that delegations fairly reflect the membership base; and

 

c)   Allow participation in good faith by all voters who are DARE members and by voters who are not registered or affiliated with any party, to the extent determined by a provincial structure to be in the interest of

 

Article 12 CONGRESS NATIONAL COMMITTEE

 

 

Powers of the DNC

 

12.1. The DARE National Committee shall have general responsibility for the affairs of the DARE between National Congress assemblies, subject to the provisions of this Constitution and to the resolutions or other sanctions of the National Congress

 

12.1.1  The DNC shall be the highest decision making organ between National Congresses.

 

 

12.1.2    The DNC shall be the final arbiter on interpretation of the provisions of this Constitution.

 

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

 

  1. Carry out the decisions and instructions of The National Congress and the National General Council.
  2. Issue and send directives and instructions to and receive reports from the provinces.

 

  1. Supervise and direct the work of DARE and all its organs, including national, provincial and local government caucuses.
  2. Ensure that the provincial, regional and branch structures of DARE function democratically and effectively. The DNC may suspend or dissolve a DPC where necessary. A suspension of a DPC shall not exceed a period of three months. Elections for a DPC, which has been dissolved, shall be called within nine months from dissolution. The DARE National

 

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Committee may appoint an interim structure during the period of suspension or the dissolution of the DPC to fulfil the functions of the DPC.

  1. Oversee the work of the Council of Elders, recognized Sectors, Women’s Forum and the Youth Movement.
  2. Establish departments and set up committees, as it considers appropriate.

 

  1. Manage and control all the national and international property and assets of DARE.

 

  1. Receive reports, supervise the work of, and delegate such functions to the NWC, as it considers necessary.
  2. Issue documents and other policy directives as and when it deems fit.

 

  1. Confer such honours, as it may deem appropriate.

 

  1. Appoint annually an Electoral College of not fewer than ten persons for the selection and adoption of candidates for the national Parliament. The DNC shall draw up regulations for the procedures to be followed in such a selection. The Electoral College shall report to the DNC prior to the implementation of its recommendations. Provincial structures for the adoption of candidates shall report to the Selection Committee.
  2. The DNC may convene a DARE National Policy Congress, as a recommendation making body on any matter of policy, whenever it deems necessary, but the DNC must convene a DARE National Policy Congress at least six (6) months before The National Congress to review policies of DARE and to recommend any new or to amend any present policy for consideration by The National Congress.

 

  1. Conducting the DARE election campaign.

 

  1. Filling vacancies in the DARE nominations lists for national, provincial and municipal elections and submitting such lists to the Zimbabwe Electoral Commission (“the ZEC”) as required.
  2. Implementing, formulating and disseminating statements of DARE policy.

 

  1. Appoint a Council of Elders comprising of a maximum of 10 members whose term shall run concurrently with that of the DNC.

 

 

 

 

 

12.2 Elections and composition of the DNC

 

 

12.3. The DARE National Committee, as a whole, shall not consist of less than fifty percent (50%) of women if available. The DNC, except where otherwise stipulated, shall be elected

 

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by secret ballot by The National Congress and shall hold office for five years and shall be constituted as follows:

  1. The Chairperson ,Vice Chairperson , President, First Deputy President, Chairperson, the General Secretary, Deputy General Secretary, National Treasurer, Deputy Treasurer, National Coordinator, Deputy National Coordinator, Head of Elections, Head of Policy, Head of International Affairs and Head of Communications who will be elected separately by The National Congress.
  2. Thirty (20) additional members of the CNC.

 

  1. The Chairperson and the Secretary of each elected DARE Provincial Committee who shall be ex-officio members of the DNC.
  2. The President/Chairperson and General Secretary of the DARE Women’s Forum who shall be ex-officio members of the DNC.
  3. The President/Chairperson and General Secretary of the DARE Youth Movement who shall be ex-officio members of the DNC.
  4. The DNC may 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 Zimbabwean people.
  5. Should a vacancy occur on the DNC for any reason, the DNC shall have the power to fill the vacancy by appointing a replacement?

 

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

 

  1. A person must be a paid-up member of DARE for at least four years before she or he can be nominated to the DARE National Committee of DARE .,(save for the initial 4 year period where after this clause shall strictly apply)..

12.4. a) Nominations for the DNC members referred to in Article 12.3(a) and 12.3(b) above shall be by the following procedure:

  1. Subject to sub Article (ii) below, nominations for the following posts shall be made by any Province and placed before The National Congress:

 

  1. Chairperson

 

  1. Vice Chairperson

 

  1. President

 

  1. First Deputy President

 

  1. Second Deputy President

 

  1. General Secretary

 

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  1. Deputy General Secretary

 

  1. National Treasurer

 

  1. Vice National Treasurer

 

  1. National Coordinator

 

  1. Vice National Coordinator

 

  1. Head of Policy

 

  1. Head of Communications

 

  1. Head of International Affairs

 

  1. Head of Election Directorate

 

 

ii. A delegate to the Congress 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 thirty percent (30%) of Congress delegates, then such nomination must 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 30% of congress delegates, such nomination shall fall away.

 

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

  1. Subject to sub Article (ii) below, only those candidates who have been proposed by a Province shall appear on The National Congress ballot paper.
  2. Subject to sub Article (iii) below, a delegate to the congress shall, however, have the right to nominate any person whose name has not been proposed in terms of subsection

(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 thirty percent (30%) of Congress delegates, then such nomination must 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 30% of delegates, such nomination shall fall away.

  1. Not more than two persons per province may be successfully nominated in terms of

 

(b)(ii) Above.

 

 

 

 

 

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12.5.   For purposes of the nomination procedures referred to in Articles 12.4 (a)(i) and (b)(i), the Women’s Forum, as a whole and the Youth Movement, as a whole, shall be regarded as a province.

 

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

 

12.7.   In accordance with Article 6, not less than fifty percent (50%) of the directly elected and co-opted members of the DNC must be women if they avail themselves.

 

12.8.  If any Provincial Chairperson or Secretary is elected to the DNC 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 DNC, in a special case, where extraordinary circumstances may warrant an exception to this Article. However, when such a provincial officer is allowed to retain his or her DNC position, the Province shall not be entitled to an additional member on the DNC.

 

12.9.     Subject to the provisions of this Constitution, the General Secretary, the Deputy General Secretary and the National Treasurer shall be full-time functionaries of DARE.

 

12.10.    The DNC shall meet in plenary session at least once every two months and will provide broad political and organisational perspectives to the DARE National Working Committee.

 

12.11.   The DNC may invite any DARE member in good standing (including its employees and/or functionaries) to attend its meetings. The number of invitees shall be limited by the DNC. An invitee can be given a specific assignment by the DNC, but cannot speak on behalf of the DNC. An invitee may speak and participate at such meeting, but shall not vote.

 

Article 13: DARE NATIONAL WORKING COMMITTEE (DNWC)

 

13.1. As soon as possible after the conclusion of The National Congress, the DNC shall meet and elect a DARE National Working Committee.

 

 

 

 

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13.2.     The DARE National Working Committee shall be constituted as follows: The Chairperson &Vice President, First Deputy President, Second Deputy President, General Secretary&Vice, Deputy General Secretary Vice, the National Treasurer&Vice, National Coordinator, Head of Policy And Research, Head of International Affairs, Head of Elections, Head of Communications, Head of Sectors, Spokesperson and DARE national parliamentary leader in an ex-officio capacity.

 

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

 

13.4.   DARE Women’s Forum and DARE Youth Movement shall appoint one representative each to serve on the DNWC.

 

13.5.   In accordance with Article 6, not less than fifty percent (50%) of the members of the DNWC must be women if they are available.

 

13.6.  The DNWC may invite any DARE member in good standing to attend its meetings. The number of invitees shall be limited by the DNWC. An invitee can be given a specific assignment by the DNWC, but cannot speak on behalf of the DNWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but shall not vote.

13.7.  The DARE National Working Committee will:

 

  1. Carry out decisions and instructions of the DNC.

 

  1. Conduct the current work of DARE and ensure that provinces, regions, branches and all other DARE structures, such as parliamentary caucuses, carry out the decisions of DARE.
  2. Submit a report to each DARE meeting.

 

Article 14: THE ELECTORAL COLLEGE

 

14.1. The DNC shall appoint an Electoral College of not fewer than ten (10) members whose task it will be:

  1. To prepare the ballot papers.

 

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

 

 

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  1. To create machinery for the counting of ballot papers and the effective supervision of the counting of votes.
  2. To announce the results of all ballots and make known the number of votes received by each successful candidate.
  3. To establish procedures for voting and to determine any dispute raised concerning elections and election procedures, and to determine how any tied vote should be resolved.

 

14.2.  The names of the Electoral College whose work is to commence before Congress opens shall be submitted to The National Committee for endorsement and they will then be reinforced by a representative appointed by each Provincial, Youth Forum and Women’s Forum delegation.

 

14.3.   Members of the Electoral College will not avail themselves for government office, to decide on the Presidential Candidate for the Party as well as provincial and municipal candidates. The duties of the Electoral College shall be to vet and screen election candidates (using the services of external agencies as required) and compile candidate lists for recommendation to the Congress National Committee.

 

Article 15: THE NATIONAL FINANCE COMMITTEE

 

 

15.1.  The DNC will appoint the National Finance Committee.

 

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

15.3.   The National Finance Committee will report to the DNC at least twice a year on the finances and budget of DARE.

 

Article 16: DUTIES AND FUNCTIONS OF OFFICIALS

 

16.1. The Chairperson

 

a. Chair all meetings of the national National Committee.

 

b.Keep a record of members and head recruitment of new members, vetting thereof. c.Become the vice president on election of the president to power.

d.Shall be the parliamentary caucus chairperson.

 

e.Shall delegate members of parliamentary caucuses to committees. 16.2. Vice Chairperson

 

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a.Act in the absence of the chairperson

 

b.Head the secretaries of the national committee.

 

cite disciplinarian head of the party and the party representative in the disciplinarian committee.

 

16.3. The President

 

The President is the political head and chief directing officer of DARE and the leader of the house at a National Congress or National General Council. He or she will:

  1. Make pronouncements for and on behalf of the DNC outlining and explaining the policy or attitude of DARE on any question.
  2. Present to the National Congress and National General Council a comprehensive statement of the state of the nation and the political situation generally.
  3. Under the overall supervision of the DNC, orient and direct the activities of DARE.

 

  1. Be a member of the DNWC.

 

 

16.2. First Deputy President

 

 

16.2.1    The First Deputy President will assist the President, deputise for him or her when necessary and carry out whatever functions are entrusted to him or her by the National Congress, the National General Council, the President, the DNWC or the DNC.

 

16.2.2  He or she shall be a member of the DNWC.

 

16.2.3   He or she shall be primarily responsible for forging external relations with other party political and/or civic organizations on behalf of the organization.

16.3. In the event of death or permanent incapacity of the President and the Deputy Presidents, the DNC shall as soon as possible appoint an Acting President until such time as The National Congress meets. Until such appointment is made, Article 16.6(g) shall apply.

 

16.4. The Second Deputy President

 

Will be primarily responsible for internal party work and shall Remain the custodian of the policies adopted and decisions taken by the National Congress and National General Council and ensure that all organs of DARE implement decisions taken by The National Congress, National General Council, DNC and the DNWC and operate within the parameters of policy set out by The National Congress, National General Council and the DNC.

 

 

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  1. Preside over The National Congress, the National General Council, the DNC and the DNWC.
  2. Carry out such additional tasks or functions, as are entrusted to him or her, by the Congress, Council, DNC or DNWC.
  3. Be a member of the DNWC.

 

  1. Deputise for the President and/or First Deputy President in the event of their unavailability.

 

 

16.5.  In the absence or incapacity of the Second Deputy President, the First Deputy President will assume his or her functions.

 

16.6.  The General Secretary

 

The General Secretary is the chief administrative officer of DARE. He or she will:

 

  1. Communicate the decisions of all national structures of DARE on behalf of the DNC.

 

  1. Keep the minutes of the National Congress, the National General Council, the CNC, the DNWC, as well as other records of DARE.
  2. Conduct the correspondence of the DNC and the DNWC and send out notices of all Congress and meetings at the national level.
  3. Convey the decisions and instructions of The National Congress, the National General Council, the DNC and the DNWC to the DARE Provincial Committees, and see to it that all units of DARE carry out their duties properly.

 

  1. Prepare annual reports on the work of the DNC and the DNWC and such other documents which may, from time to time, be required by the DNC and the DNWC.
  2. Present to The National Congress and National General Council a comprehensive statement of the state of the organisation and the administrative situation of DARE.
  3. In the absence of the President and the First & Second Deputy President, the General Secretary shall assume the functions of the President.
  4. All departments shall report on their activities and be accountable to the General Secretary.

 

  1. Be a member of the DNWC.

 

 

16.7. Deputy General Secretary

 

The Deputy General Secretary will assist the General Secretary, deputise for him or her when necessary and carry out the functions entrusted to him or her by The National Congress, the National Council, the DNC, or DNWC and shall be an ex- officio member of the DNWC.

 

 

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16.8. National Treasurer

 

The National Treasurer is the chief custodian of the funds and property of DARE. He or she will:

  1. Receive and bank all monies on behalf of the DARE and shall, together with any two members of the DNC, operate a banking account.
  2. Keep such books of account as may be necessary to record clearly the financial position of DARE.
  3. Submit to The National Congress a report showing the Income and Expenditure Account and Balance Sheet of DARE for the period since the previous National Congress, and shall submit periodic reports to the DNC and the DNWC.
  4. Be responsible, with the National Finance Committee, for working out and executing plans for fund raising.
  5. Present to The National Congress and National General Council a comprehensive statement of the state of the finances of DARE.
  6. Be a member of the DNWC.

 

 

16.9. Vice Treasurer a.To assist the treasurer b.Co-ordinate fundraising

 

c.Act in the absence of the treasurer in all manners d.A member of DNC, DNWC and be present at NGC

 

 

 

 

 

16.10. The National Coordinator

 

a. The National Coordinator shall be responsible for general oversight of organizing with specific focus on the establishment and development of branches and all DARE structures, liaising with the DPC’s.

b. He or she shall be a member of the DNWC.

 

 

16.11. The Vice National Coordinator

a.Will assist the national coordinator and delegated duties by the national coordinator. b.A member of the DNC and DNWC

 

 

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16.10. Head of International Affairs

 

a. The Head of International Affairs shall be responsible for establishment and development of ties with the International Community in line with DARE policy and Congress resolutions. b. He or she shall be a member of the DNC and DNWC

 

16.11. Head of Policy Research

 

a. The Head of Policy shall be responsible for general oversight and development of the Organisation’s Policy in line with DNC and/or DARE resolutions.

b. He or she shall be a member of the DNWC.

 

 

16.12. Head of Elections Directorate

 

a. The Head of Elections shall be responsible for the overall coordination and development of the organisation’s campaign strategy towards local, provincial and national general elections, subject to DNC and Congress resolutions and policy.

b. He or she shall be a member of the DNWC. 16.13. Head of Communications

  1. The Head of Communications shall be the chief spokesperson on behalf of the organization, responsible for the development and coordination of key resolutions of the DNC and/or Congress and/or DNWC and/or NGC in line with DARE policy and DNC resolutions.

 

  1. He or she shall be a member of the DNWC.

 

 

16.14. The National Parliamentary Leader:

 

The Parliamentary Leader (Party Chairperson) is the political head and chief directing officer of DARE representatives in parliament subject to enabling legislation and DNC supervision, he or she will:

  1. Make pronouncements for and on behalf of DARE representatives in parliament outlining and explaining the policy or attitude of DARE on any question.
  2. Present to the DNC a comprehensive statement of the state of affairs in parliament and the political situation generally therein.
  3. be an ex-officio member of the DNWC.

 

 

 

 

 

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16.15. The National Chaplaincy

 

There will be a National Chaplaincy appointed by the DNC on an interfaith basis to provide spiritual guidance.

 

17.1.  Subject to the decisions of the National Congress and the National General Council, and the overall guidance of the DNC, the Provincial Congress is the highest organ of DARE in each Province.

 

17.2.  The Provincial Congress will:

 

  1. Be held at least once two and half years and more often if requested by at least one third of all branches in the Province.

 

  1. Be composed of:

 

(i) Voting delegates, as follows:

 

(i)(a) At least 90% of the delegates at Congress shall be from branches, elected at properly constituted branch general meetings. The number of delegates per branch shall be in proportion to its paid up membership, provided that each branch in good standing shall be entitled to at least one delegate.

 

(i)(b) All members of the DARE Provincial Committee shall attend as full participants and voting delegates at the Congress.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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(i)(c) The remaining 10% of the voting delegates at Congress shall be from members of the DDC’s, DARE Youth Movement and DARE Women’s Forum, as allocated by the DPC.

(ii) Non-voting delegates, as follows: The DPC may invite individuals, who have made a special contribution to the struggle or who have special skills or experience, to attend the Congress. In addition, the DPC shall permit representation of recognized sectors as non-voting delegates to structures, which do not have the minimum requirement to form a branch.

  1. Determine own procedures in accordance with democratic principles and practices;

 

  1. Vote on key questions by secret ballot if at least one third of the delegates at the Provincial DARE Policy Congress demand it.
  2. Vote for the election of the DPC by secret ballot. Each voting delegate shall vote once in each ballot.

 

17.3. The Provincial DARE Policy Congress will:

 

  1. Promote and implement the decisions and policies of The National Congress, the National General Council, the DNC and the DNWC.
  2. Receive and consider reports by the Congress Provincial Committee, which shall include the Chairperson’s address, the Secretary’s report, which shall include a report on the work and activities of the Sectors, Women’s Forum and Youth Movement in the province, and the Treasurer’s report.

 

  1. Elect the Provincial Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and the additional 20 members of the DARE Provincial Committee, who will hold office for two and half (2,5) years. The Provincial Secretary shall be a full-time functionary of the organisation.
  2. Carry out and develop the policy and programme of DARE in the Province.

 

 

  1. Have the right and power to review, ratify, confirm, alter or rescind any decision taken by any of the constituent bodies, units or officials of DARE in the province.

 

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

 

 

 

Article 18: THE PROVINCIAL GENERAL COUNCIL

 

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18.1.   A Provincial General Council shall be convened between The Provincial DARE Policy Congresses.

 

18.2.    The PGC shall meet at least once a year. A PGC will, on good cause shown, be convened by the DPC upon the request of one-third (1/3) of branches in the Province.

 

18.3.    The Provincial General Council consists of all members of the DARE Provincial Committee, recognized sectors representatives on a non-voting status and delegates representing branches in proportion to membership, with a minimum of one delegate per branch. The Women’s and Youth Movements will be represented by their DPCs. The DRCs will be appropriately represented as determined by the DPC.

 

18.4.   The Provincial General Council may discuss and decide any issue it deems necessary, including any matter brought before it by the DPC, and may decide on any matter falling within its competence, subject always to the policies and directives of The National Congress, National General Council, The Provincial DARE Policy Congress or the DNC.

 

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

 

Article 19: CONGRESS PROVINCIAL COMMITTEE

 

19.1.   The DARE Provincial Committee is the highest organ of DARE in a province between The Provincial DARE Policy Congress and has the authority to lead the organisation in the province, subject to the provisions of this Constitution.

 

19.2.    The DARE Provincial Committee will consist of elected, co-opted and ex officio members.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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19.3.  The elected members will consist of the Provincial Chairperson, Deputy Chairperson, Provincial Secretary, Deputy Secretary, Provincial Treasurer and not more than 20 other persons elected by the Provincial Congress. A person must be a member in good standing of DARE for three (3) years before she or he can be nominated to a DARE Provincial Committee of DARE.

 

19.4.    Each region in the province shall be equally represented in the DPC, by the Chair and/or the Secretary, as determined by the DPC, with ex officio status, provided that the number of regional representatives on the DPC does not exceed the number of elected members of the DPC.

 

19.5.  The recognized sectors, Women’s Forum and the Youth Movement in the Province will be represented by the Chair and Secretary of the respective Leagues in the DPC, with ex officio status.

 

19.6.    The DPC may co-opt not more than 3 persons, in order to provide for a balanced representation that reflects the true character of the Zimbabweans.

 

19.7.   In accordance with Article 6, not less than fifty percent (50%) of the directly elected and co-opted members of the DPC must be women if available.

 

19.8.   The DPC may invite any DARE member in good standing to attend its meetings. The number of invitees shall be limited by the DPC. An invitee can be given a specific assignment by the DPC, but cannot speak on behalf of the DPC. An invitee may speak and participate at such meeting, but shall not vote.

 

19.9.  The DPC will:

 

  1. Meet as soon as possible after its election to elect the DARE Provincial Working Committee (DPWC) and thereafter at least once a month.
  2. Carry out the policy and programme of DARE in the province and do all things necessary to further the interests, aims and objectives of the organisation.
  3. Carry out the decisions and instructions of the Provincial DARE Policy Congress, the Provincial General Council, DNC and the DNWC.

 

 

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  1. The DPC will provide broad political and organisational perspectives to the DARE Provincial Working Committee. It will receive reports, supervise the work of and delegate such functions to the DPWC, as it considers necessary.
  2. Manage and control the funds and assets of DARE in the Province.

 

  1. Submit reports to the DNC, The Provincial DARE Policy Congress 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.
  2. Issue and send directives and instructions to and receive reports from the regions, branches and other substructures in the province.
  3. Supervise and direct the work of DARE and all its organs in the province, including DARE provincial and local government caucuses.
  4. Oversee the work of the Women’s Forum and the Youth Movement in the province.

 

  1. Ensure that the provincial, regional, branch and other structures of DARE in the province function democratically and effectively. To this end, organise, establish and service branches in the Province and supervise the work of the regions in the Province; suspend, dissolve, and re-launch DARE Branch Committees and DARE Regional Committees where necessary, subject to any directives from the Provincial DARE Policy Congress, provided that where a DBC or DDC has been suspended or dissolved there shall be a right of appeal to the DNC. A suspension of a DDC shall not exceed a period of two months. Elections for a DDC, which has been dissolved, shall be called within six months from dissolution. A suspension of a DBC shall not exceed a period of one month. Elections for a DBC, which has been dissolved, shall be called within three months from dissolution. The DARE Provincial Committee may appoint an interim structure during the period of suspension or the dissolution of the DDC or DBC to fulfil the functions of such DDC or DBC.

 

  1. Establish, wherever possible, provincial departments in line with national departments and establish committees, as it considers appropriate.
  2. Issue documents and other provincial policy directives, as and when it deems fit.

 

  1. Appoint the provincial and regional staff as required, subject to directions from the office of the General-Secretary.
  2. The quorum for any meeting of the DPC shall be 50% (fifty percent) + one (1) of its total membership.
  3. Have the duty to appoint annually a Provincial Selection Commission, of not less than five and not more than nine persons, which will identify regulations for the drawing up of the Provincial List of candidates for national elections, provincial elections and for the selection

 

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of candidates for local government elections. The DARE Provincial Committee shall report to the DNC and shall be bound by the recommendations of the Selection Committee.

 

 

 

19.10. Duties and Functions of Provincial Office Bearers:

 

 

19.10.1 Provincial Chairperson

 

a)   The Chairperson shall carry out the programs and policies of the National Congress and the DARE Provincial Committee in conformity with this Constitution, and the resolutions adopted by the Provincial Congress and the DARE Provincial committee.

b)   The Chairperson shall preside over meetings of the DARE Provincial Committee and the Provincial Executive Committee.

c)   The Chairperson shall present to the Party a political report on the political work of the Party within the province.

 

19.10.2 Deputy Chairperson

 

a) Deputy Chairperson shall deputise for the Chairpersons and carry out such duties as the Congress of the people may assign.

 

19.10.3 Provincial Secretary

 

The Provincial Secretary is responsible for:

 

a)  All provincial administrative functions of the Party;

 

b)   Convening the Provincial Congress, the DARE Provincial Committee and the Provincial Executive Committee, in accordance with the rules;

c)  Keeping the minutes of the Provincial Congress, the DARE Provincial

 

Committee and the Provincial Executive Committee as well as other records of DARE

 

d) Correspondence of the DARE Provincial Committee and the Provincial Executive Committee.

 

19.10.4 Deputy Provincial Secretary

 

a) The Deputy Provincial Secretary shall deputise for the Provincial Secretary and carry out such duties as the Party may assign.

 

19.10.5 Provincial Treasurer

 

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a)   The Provincial Treasurer is the finance political head of the DARE within a province and shall be responsible for all provincial financial affairs and plans of the Party. The Provincial Treasurer shall present a financial report and audited financial statements to the Provincial Executive and Congress.

b)   The Provincial Treasurer shall recommend to the DARE Provincial Committee, policies and plans for the establishment and maintenance of:

i. effective, efficient and transparent systems of financial management and reporting, risk management and internal control; and

ii. frameworks and systems for ethical and transparent fundraising and investment.

 

 

Article 20. DARE PROVINCIAL WORKING COMMITTEE

 

20.1.    The DARE Provincial Working Committee will consist of the Chairperson, Deputy Chairperson, Secretary, Spokesperson, Deputy Secretary and Treasurer of the Province as well as six (5) Heads of Departments (HoD’s) concentrating on Organizing, Elections, Policy, Representation, International Relations and Communication, the Chair or Secretary of DARE Women’s Forum and DARE Youth Movement in that Province.

 

20.2.   In accordance with Article 6, not less than fifty percent (50%) of the members of the DPWC must be women if available.

 

20.3.  The DARE Provincial Working Committee will:

 

  1. Carry out decisions and instructions of the Provincial DARE Policy Congress, the DNC and the DPC.
  2. Conduct the current work of DARE in the province and ensure that regions, branches and all other DARE structures, such as parliamentary caucuses, carry out the decisions of DARE.
  3. Submit a report to each DPC meeting.

 

 

20.4.  The DPWC will meet as often as is necessary, but at least once every two weeks

 

 

20.5.  The DPWC may invite any DARE member in good standing to attend its meetings. The number of invitees shall be limited by the DPWC. An invitee can be given a specific assignment by the DPWC, but cannot speak on behalf of the DPWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but shall not vote.

 

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20.6. The Provincial DARE Policy Congress (PDPC)

 

20.6.1 DARE may hold a Provincial DARE Policy Congress between Provincial Congresses. The nature, agenda, composition, time and place of the Congress shall be determined by the DARE Provincial Committee.

 

20.7. Provincial Finance Committee

 

 

20.7.1    The DARE Provincial Committee shall establish a Provincial Finance Committee which shall have general responsibility for the management and control of finances of DARE within a province. This committee shall raise funds to support the DARE and shall advise and assist Regional Structures and candidates in securing funds for their purposes.

 

20.7.2      The Provincial Treasurer shall be the Chairperson of the Provincial Finance Committee and its membership shall consist of all Regional Treasurers. The Committee will have the right to co-opt additional members as it sees fit.

 

20.8. Provincial Sector Committee

 

DARE Provincial Committee shall establish and recognize a Provincial Sector Committee which shall be comprised of the entire recognized sector in that province, chaired by the provincial Head of Sectors.

 

Article: 21 DISTRICTS

 

21.1.   The DPC, under the supervision of the DNC, will divide the Province into Districts for the more efficient and democratic functioning of DARE.

 

21.2.    Provincial Regions will be demarcated to correspond strictly to district and metro municipal boundaries in each province.

 

21.3.   Each region shall hold a regional Congress every two (2) years, which will elect the members of the DARE District Committee (DDC), which shall comprise the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer and additional members not exceeding fifteen in number; in addition the Chair and Secretary of DARE Women’s Forum and DARE Youth Movement in that Region shall be ex officio members of the DARE

 

 

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District Committee. A person must be a member of DARE for at least two years before she or he can be nominated to a DARE District Committee of DARE.

 

21.4.   Each branch in good standing within a region shall be entitled to send delegates to the District Congress in proportion to its members.

 

21.5.  There shall be at least one regional council meeting in the course of each year with each branch being entitled to send at least one delegate. Additional regional council meetings may be convened by the DARE District Committee or the DPC or on the request of at least one-third of the branches.

 

21.6.   The DARE Regional Committee shall be accountable to the DPC for its functioning. The powers of the DARE District Committee are such powers as are delegated to it by the DPC. In addition, the DDC may, subject to the directions and instructions of the DPC, exercise the following powers:

a. Meet as soon as possible after its election to elect the DARE District Working Committee and thereafter as and when necessary but at least once a month.

b. Carry out the policy and programme of DARE in the region and do all things necessary to further the interests, aims and objectives of the organisation.

 

c. Carry out the decisions and instructions of the Provincial DARE Policy Congress, the Provincial General Council, the DPC, the District Congress and the District Council.

d. The DARE District Council will provide broad political and organisational perspectives to the DARE District Working Committee. It will further receive reports, supervise the work of, and delegate such functions to the DDWC, as it considers necessary.

e. Manage and control the funds and assets of DARE in the Region.

 

f. Submit reports to the DPC, DARE District Council and District General Council, as often as is required, on the state of the organisation, the financial position of the region, and such other matters as may be specified.

g. Request and receive reports from the branches and other substructures in the region.

 

h. Supervise and direct the work of DARE and all its organs in the region, including DARE local government caucuses.

i. Recommend to the DPC the suspension or dissolution of a DBC, Zonal Committee or Sub-District Committees.

 

 

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21.7.    The DDC may co-opt no more than 2 persons, in order to provide for a balanced representation that reflects the true character of the Zimbabwean people.

 

21.8.   In accordance with Article 6, not less than fifty percent (50%) of the directly elected and co-opted members of the DDC must be women if available.

 

21.9.   The DDC may invite any DARE member in good standing to attend its meetings. The number of invitees shall be limited by the DDC. An invitee can be given a specific assignment by the DDC, but cannot speak on behalf of the DDC. An invitee may speak or participate at such meeting, but shall not vote.

 

21.10.  The DARE District Working Committee

 

  1. The DARE District Working Committee (DDWC) shall consist of the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Treasurer of the Region and the Five Heads of Departments (HoD’s) concentrating in organizing, elections, policy, international, communications as well as the Chair or Secretary of DARE Women’s Forum and DARE Youth Movement in that District .
  2. The DARE District Working Committee will:

 

  1. Carry out decisions and instructions of the DNC, DPC, DDC, the District Congress and the District General Council.
  2. Conduct the current work of DARE in the region and ensure that branches

 

in addition, all other DARE structures, such as municipal council caucuses, carry out the decisions of DARE.

iii. Submit a report to each DDC meeting.

 

  1. The DDWC will meet as and when necessary but at least every two weeks.

 

  1. In accordance with Article 6, not less than fifty percent (50%) of the members of the DDWC must be women.
  2. The DDWC may invite any DDA member in good standing to attend its meetings. The number of invitees shall be limited by the DDWC. An invitee can be given a specific assignment by the DDWC, but cannot speak on behalf of the DDWC. An invitee may speak and participate at such meeting for the purpose for which he or she was invited, but shall not vote.

 

 

 

 

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21.11.   DARE District Officer bearer positions shall be the Chairperson, Deputy Chairperson, the Regional Secretary, the Deputy Regional Secretary, and the Regional Treasurer.

 

21.12.  The DARE District Committee (DDC) shall be composed of:

 

  1. The regional officer bearers and the District Heads of Departments (HoD’s) as well as the District chairpersons and secretaries of the Women’s Forum, the Youth Movement, who shall be ex officio members; and
  2. 15 (fifteen) additional members elected at the District Congress of whom no less than 50% shall be women If Available and 15% youth respectively;

 

21.13.   Rules relating to the removal of the DARE District Committee shall be formulated, drawn and published to the members.

 

21.14.   The DARE District Committee shall meet at least once a month. Meetings shall be convened by notice issued by the District Secretary in accordance with the rules.

 

21.15.   The duties and functions of the District Office Bearers will be the similar as those of the Provincial Office Bearers.

 

Article 22 PROVINCIAL CHAPLAINCIES

 

Provincial Chaplains may be appointed by the DPC on the same basis as the National Chaplaincy.

 

Article 23 BRANCHES

 

23.1.    Every member of DARE shall belong to a branch, which is the basic unit of the organisation.

23.2.  The branch will:

 

  1. Be registered with the DARE and have a minimum of 20 members, provided that the DPC may confer special recognition, where due to exceptional circumstances, the branch has fewer than 20 members.
  2. Meet as provided for in the Articles and regulations.

 

  1. Be the place where members exercise their basic democratic rights to discuss and formulate policy.
  2. Be the basic unit of activity for members.

 

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  1. Branches covering an extensive geographical area, or in respect of which some special circumstance exists, may divide into smaller manageable units. Such units shall only be used as a co-coordinating and administrative tool by the branch and shall not possess any decision-making powers. These units must operate on the basis of acceptable democratic principles and practices.
  2. Elect at a biannual general meeting a DARE Branch Committees (DBC) 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 must be a member of DARE for one year before she or he can be nominated to a DARE Branch Committees of DDA, provided that where a new branch is being established, the DPC may waive this provision. The Women’s Forum and the Youth Movement shall be represented on the DBC, by the chairperson and secretary of the Women’s Forum branch and the Youth Movement branch within that branch, with exofficio status.
  3. In accordance with Article 6, not less than fifty percent (50%) of the directly elected and co-opted members of the DBC must be women if available.
  4. The branch will meet at least once per month in a general meeting.

 

 

23.3. The DARE Branch Committees (DBC) will:

 

  1. 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 Branch.
  2. Carry out the publicity and organisational work in its area in furtherance of the policy, programme and decisions of DBC.
  3. Meet at least once per fortnight.

 

  1. Submit reports on its work to the branch meeting and at least each month to the DARE District Committee.
  2. Co-opt not more than two persons, if it considers it necessary to ensure greater representation.
  3. The quorum for each meeting of the DARE Branch Committees shall be 50%+1 (fifty percent plus one) of the total DBC membership.

 

23.3.1. Branches of the DARE shall be established according to the demarcations of Zimbabwe Electoral Commission (ZEC) on voting wards and shall consist of at least 20 members.

 

 

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23.3.2.  A Branch Bi-Annual General Meeting (AGM) shall be held every two years.

 

 

23.3.3.    The Branch Bi-Annual General Meeting shall recognize all members of in good standing, entitled to participate in the branch affairs of DARE.

 

23.3.4.   The Branch Bi-Annual General Meeting shall elect the DARE Branch Committee, and act upon such other matters as it deems appropriate.

 

23.3.5.  The Branch Bi-Annual General Meeting shall be composed of all branch members.

 

 

23.3.6.    Branches should also hold quarterly Branch Consultative Forums with all citizens within the voting districts and/or wards to understand the key challenges facing them and report-back on the activities of the DARE within the area.

 

The DARE Branch Committee

 

23.3.7.  The DARE Branch Committee shall have general responsibility for co-ordinating the affairs of DARE within a Voting District, subject to the provisions of this Constitution and to the resolutions or other actions of the Provincial Congress. This responsibility shall include; a. Issuing notice of and convening the Branch AGM;

 

b. Conducting the DARE election campaign in the Voting District;

 

c. Providing for the election of 5 branch office bearers, of whom no less than 50% shall be women if available. These office bearers shall constitute the DARE Branch Committee and be responsible for the day to-day management of the branch affairs of DARE;

d. all other actions necessary or appropriate in order to carry out the provisions of this Constitution and the objectives of DARE within the voting district.

 

23.3.8.  Branch Officer bearer positions shall be Chairperson, Deputy Chairperson, the Branch Secretary, The Deputy Branch Secretary, and the Branch Treasurer.

 

23.3.9.  The DARE Branch Committee (DBC) shall be composed of;

 

a. the branch officer bearers and the branch chairperson and secretary of the Women’s Forum and the Congress Youth Movement, who shall be ex official members; and

 

 

 

 

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b. 5 Heads of Department (HoD’s) concentrating in organizing, policy, communications, international relations, sector representation and elections at the Branch AGM of whom no less than 50% shall be women and 15% youth respectively;

 

23.3.10.   Rules relating to the removal of the DARE Branch Committee shall be formulated, drawn and published to the members.

 

23.3.11.   The DARE Branch Committee shall meet at least every two weeks. Meetings shall be convened by notice issued by the Branch Secretary in accordance with the rules.

 

23.3.12.  The duties and functions of the Branch Office Bearers will be the similar as those of the District Office Bearers.

 

23.4. The quorum for the bi-annual branch meeting and any other branch meetings where the branch makes nominations of candidates for elections within DARE or for public representatives or takes decisions relating to policy matters, shall be 50% plus one of the total paid-up members of the branch.

 

Article 24: ZONAL AND SUB-REGIONAL STRUCTURES

 

24.1.  The DPC, under the guidance of the DNC, must establish Sub-District within a District. Sub- District shall be demarcated to strictly correspond with B-type or metro sub-council municipal boundaries, depending on its location, with similar arrangements and powers as apply to Zones.

 

24.2.   Any three (3) or more branches within a District for the purpose of co-ordination of activities and better organisational efficiency shall be formed into a Zone at the instance of the DARE District Committee after consultation with the relevant branches, or on application to the DPC, by at least two branches within an area of a proposed Zone.

 

24.3.  Whenever a Sub-District or Zone has been established, the DARE Branch Committee of constituent Branches, within that sub-District or zone, will at a properly convened meeting elect a Sub-District or Zonal Committee, as the case may be, consisting of a Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and six (5) Heads of

 

 

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Departments (HoD’s) elected from constituent branches in a meeting convened every two (2) years for that purpose.

 

24.4.   In accordance with Article 6, not less than fifty percent (50%) of the members of the Sub- District Committee and the Zonal committee must be women if available.

 

24.5.   Where Sub-district or Zonal structures of the Women’s Forum and Youth Movement exist, they will be represented by one (1) member each, subject to the same provisions relating to the requirement for DARE membership.

 

24.6.  The tasks of the Sub-District or Zonal Committee will include:

 

  1. To meet at least once a month.

 

  1. To co-ordinate the work and activities of the constituent branches and submit reports to the DDC.
  2. To see to the implementation of the instructions of the DNC, DPC, DPWC or the DDC in the Sub-District Zone.
  3. To participate in the work of the District Council.

 

  1. To maintain effective links with all branches in the Sub-District or Zone.

 

Article 25: DISCIPLINE

 

25.1 (a) All members, without exception, must abide by the Constitution of DARE , and the Articles and Regulations, the Standing Orders and Codes of Conduct, as adopted or amended from time to time, as well as all policies and decisions properly adopted or made in terms of the Constitution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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25.1 (b) Every candidate representing DARE during an election at any level of government, must undertake, in writing, prior to the elections, to abide by the Constitution of DARE and the relevant Code of Conduct for elected representatives, and to submit to and abide by any disciplinary proceedings instituted against her or him in terms of the Constitution or such Code, directly or indirectly arising from her or his conduct as a public representative of DARE.

 

25.1   (c) All members and public representatives of DARE , without exception, are subject to the discipline of DARE and must submit to the provisions of the Constitution, Articles and Regulations, Standing Orders and Codes of Conduct with regard to the regulation of the conduct of members and public representatives, and the applicable disciplinary procedures, in particular Article 25.

 

25.2   Disciplinary proceedings against a member and public representative shall be confined to violations of DARE Constitution, Articles and Regulations, Standing Orders, Codes of Conduct and the policies and decisions of DARE properly adopted or made in terms of the Constitution, or the misconduct referred to in Article 25.5 or provided for in terms of Article

25.13  (b) and shall not:

 

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

 

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 If the DNC, DPC, DDC or DBC, as the case may be, or the relevant body exercising its right to invoke disciplinary proceedings under this Constitution, is satisfied that the institution of a disciplinary procedure is warranted against a member or public representative in respect of any conduct referred to in Article 25.5 or any other misconduct prohibited in terms of the Constitution, it may decide to institute disciplinary proceedings against such member in respect of such misconduct and then refer the matter to the DNC, DPC, DDC or DBC, as the case may be, or any other body authorised in terms of the Constitution to conduct disciplinary proceedings, to proceed with such disciplinary hearing [refer to 25.6(c)].

 

25.4 A disciplinary committee, which has conducted a disciplinary hearing in terms of this Constitution, may find any member or public representative guilty of any misconduct referred to in Article 25.5 or any other misconduct prohibited in terms of the Constitution, only if it is

 

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satisfied that the evidence presented is of such a cogent and sufficient nature as to prove the guilt of such member or public representative on a balance of probabilities.

 

25.5 The following conduct by a member or public representative shall constitute misconduct in respect of which disciplinary proceedings may be invoked and instituted against him or her:

 

  1. Conviction in a court of law and being sentenced to a term of imprisonment without the option of a fine, for any serious non-political offence;

 

  1. Conviction in a court of law, for any serious non-political offence;

 

  1. Behaviour which brings the organisation into disrepute or which manifests a flagrant violation of the moral integrity expected of members and public representatives or conduct unbecoming that of a member or public representative;

 

  1. Sowing racism, sexism, tribal chauvinism, religious and political intolerance, regionalism or any form of discrimination;

 

  1. Engaging in sexual or physical abuse of women or homosexuality, or sodomy, or abuse of children or abuse of office to obtain sexual or any other undue advantage from members or others;

 

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

 

  1. Behaving corruptly in seeking or accepting any bribe for performing or not performing any task;

 

  1. Misappropriation of the funds of the organisation or destruction of its properties;

 

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

 

  1. Undermining the respect for or impeding the functioning of the structures of the organisation;

 

  1. Participating in organised factional activity that goes beyond the recognised norms of free debate inside the organisation and threatens its unity;

 

 

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  1. Supporting a political organisation or party other than an organisation in alliance with DARE in a manner contrary to the aims, objectives and policy of DARE;

 

  1. Standing in an election for local, provincial or national government or acts as the election agent or canvasser of a person standing for such election in opposition to a candidate duly endorsed by the DNC or DPC;

 

  1. Joining a political organisation or party other than DARE or a party in alliance with DARE

 

  1. Prejudicing the integrity or repute of the organisation, its personnel or its operational capacity by:

 

  1. Impeding the activities of the organisation;

 

  1. Creating division within its ranks or membership;

 

  1. Doing any other act, which undermines its effectiveness as an organisation; or

 

  1. Acting on behalf of or in collaboration with:

 

  1. Counter-patriotic and transformation forces;

 

  1. A political organisation or party other than an organisation or party in alliance with DARE in a manner contrary to the aims, policies and objectives of DARE ;

 

  1. Intelligence or the security services of other countries; or

 

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

 

  1. Fighting or behaving in a grossly disorderly or unruly way;

 

  1. Deliberately disrupting meetings and interfering with the orderly functioning of the organisation;

 

  1. Payment of, or assisting or facilitating the payment of, membership subscription of the organisation for a person or persons or a group of persons who would otherwise be unwilling to pay their own subscriptions;

 

  1. Offering a reduced rate membership to those known by the individual or group making the offer to be ineligible for that category of membership;

 

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  1. Recruitment of members who do not reside at an address claimed, where this is done in order to manipulate branch meetings or the outcome of organisational votes; or

 

  1. Giving, collecting or raising of funds for campaigning activities within DARE aimed at influencing the outcome of a Congress or meeting.

 

25.6 (a) The DNC shall appoint a National Disciplinary Committee (NDC), from among its membership and from other structures of DARE, which will consist of at least 5 but not more than 9 members. At least three members of the NDC shall constitute its quorum. The national officers, the DNWC or the DNC may refer any violation or misconduct directly to the NDC for determination of a compliant.

 

(a) (1) In addition, the DNC shall appoint the National Disciplinary Committee of Appeal

 

(NDCA), from among its membership and from other structures of DARE , which will consist of at least 3, but not more than 5 members, provided that its members may not serve in the NDC. At least three members of the NDCA shall constitute its quorum. The NDCA shall hear cases of appeal where the NDC heard the case as a structure of first instance.

 

(a) (2) The decisions of the NDCA shall be final, except that the DNC may, in its discretion, review a decision. Such a review shall be regulated by standing orders adopted by the DNC.

 

25.6 (b) Each DBC shall appoint a Branch Disciplinary Committee (BDC). Each DDC shall appoint a District Disciplinary Committee (DDC). Each DPC shall appoint a Provincial Disciplinary Committee (PDC). These respective Disciplinary Committees must be appointed as soon as possible after the election of the respective committees and will consist of at least 3 but not more than 5 members. At least three members of a disciplinary committee shall constitute its quorum.

 

25.6 (c) Disciplinary proceedings will normally be conducted at the level where the alleged violation or misconduct took place, namely the branch, region, province or national level, and may be heard by the relevant structure.

 

25.6 (d) Disciplinary proceedings may only be instituted at branch level if the relevant DPWC has granted that branch written permission to do so.

 

25.6 (e) The DNWC may direct that the disciplinary proceedings should be heard at a higher level than where the alleged violation or misconduct took place.

 

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(e) (1) As soon as possible, after the election of the respective committees at any level of the organisation, the:

 

(i)    DNC shall appoint a Chief National Presenter, to be assisted by no more than 3 other suitably competent members, to represent and present the case of DARE, in any NDC and NDCA hearing;

 

(ii)    DPC shall appoint a Chief Provincial Presenter, to be assisted by no more than 3 other suitably competent members, to represent and present the case of DARE, in any PDC hearing;

 

(iii)    DDC shall appoint a Chief District Presenter, to be assisted by no more than 5 other suitably competent members, to represent and present the case of DARE, in any DDC hearing or any BDC hearing within its region.

 

25.6 (f) No member of a disciplinary committee may participate in a decision to institute disciplinary proceedings against a member and such member of the disciplinary committee should recuse himself or herself from such discussion and decision, save in the exceptional circumstances contained in Article

 

25.6(a). However, this does not prohibit such member from participating in any political discussion on any issue, which later becomes the subject of a discussion and decision to institute such disciplinary proceedings against a member.

 

25.7 (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.

 

25.7 (b) Any person faced with disciplinary proceedings is entitled to be represented by a member in good standing and who is a paid up member for at least three months prior to the receipt of such written notice referred to in Article 25.7(a).

 

25.7 (c) If disciplinary proceedings are instituted against a member and such member does not appear at the venue and at the time determined for such proceedings or does not remain in attendance when required to do so, the relevant disciplinary committee, if satisfied that such member was properly and timeously notified of such venue and time, may order that the proceedings continue in the absence of such member. The disciplinary committee may form

 

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an opinion of the evidence led, after applying the test provided for in Article 25.4, and it may proceed and make a finding of guilty or not guilty, as the case may be, even if such member was absent from part or the whole of the proceedings.

 

25.8 (a) Penalties or sanctions, which may be imposed by a disciplinary committee, for proven violations of the Constitution, other relevant instruments, principles, norms, policies and decisions of DARE , will include reprimand, payment of compensation and/or the performance of useful tasks, remedial action, and suspension of membership or expulsion from DARE , and in the case of a public representative also the removal from any list or instrument which entitles such person to represent DARE at any level of government.

 

25.8 (b) A disciplinary committee may suspend the imposition of any of the above penalties or sanctions, with or without certain conditions for a period to be determined by such disciplinary committee.

 

25.8   (c) Any member found guilty of the misconduct referred to in Article 25.5(m) and (n), shall be ineligible to be or remain a member, and shall be expelled from the organisation.

 

25.9   (a) A decision of a disciplinary committee only takes effect once the internal appeal procedures and remedies provided for in terms of Article 25 have been exhausted. Any person found guilty during a disciplinary proceeding, or the complainant, has the right, within 14 days from the date of sentencing, to appeal against the conviction or sentence, to the disciplinary committee of the next highest body of DARE. A member is only entitled to one appeal to such next highest disciplinary body, whose decision shall, subject to paragraph (b), be final and binding, provided that the NDCA may, upon application to it and if it deems it necessary, grant a further appeal to be heard by itself. The DNWC may direct that a body higher than the one to which the appeal has been made should hear any appeal. An appeal against the decision of a branch disciplinary committee should be heard directly by the Provincial Disciplinary Committee.

 

25.9 (b) Where a disciplinary committee arrives at a decision to suspend or expel a local government councillor or a member of a provincial legislature or Parliament, such a decision shall be suspended pending the outcome of an automatic appeal to the National Disciplinary Committee of Appeal. The National Disciplinary Committee of Appeal must commence with

 

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such an appeal within 14 days of the notification of the decision of such disciplinary committee.

 

25.10  (a) All disciplinary proceedings shall be disposed of expeditiously, but within 6 months from the date that notice of the charge has been delivered to the member, provided that the NDCA may, upon application from the relevant disciplinary committee, in writing, at any stage before or after the expiry of such period extend this period in a particular case, if it deems it necessary.

 

25.11    The relevant Disciplinary Committee shall in writing report the outcome of each disciplinary proceeding to the secretary of the executive structure which established it and then the decision shall be publicly announced by the relevant Disciplinary Committee.

 

25.12  Temporary Suspension

 

 

25.12 (a) The Provincial Disciplinary Committee or the DPWC with regard to disciplinary matters not being dealt with at a national level, and the National Disciplinary Committee or the DNWC, may summarily suspend the membership of any member, by acting in accordance with the procedures prescribed in Article 25.12.

 

25.12 (b) Before any of the above structures make such a decision, it must have due regard to the nature and seriousness of an alleged violation or misconduct by a member and/or public representative only after the accusations have been put to him or her for comment by the person or body tasked with such duty by the relevant structure, and he or she has had an opportunity to respond, provided that if such member has been given proper and timeous notice of such opportunity and does not avail himself or herself of such opportunity, and/or does not attend or does not stay in attendance, the matter may be proceeded with in his or her absence

.

 

25.12 (c) Exceptional circumstances, as determined by the DNWC or National Disciplinary Committee or DPWC, as the case may be, may warrant an immediate decision of temporary suspension of a member without eliciting the comment of such member, as provided for in paragraph (b).

 

 

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25.12 (d) The member or public representative shall immediately be informed of such suspension.

 

25.12 (e) In the case of the suspension of an elected public representative, the relevant structure making the decision must also provide for any terms and conditions, which will regulate his or her participation and conduct as a public representative during the period of suspension.

 

25.12 (f) The member or public representative shall immediately be informed of such terms and conditions.

 

25.12 (g) When a DPWC or PDC imposes a temporary suspension on a member or a public representative, it must immediately forward a report of such suspension and the reasons for it, to the NDCA and the NDCA may, if circumstances warrant it, at any stage set aside such suspension.

 

25.12 (h) The temporary suspension shall lapse if a notice of a charge relating to such suspension is not delivered to the member within 30 days of the date of the commencement of the temporary suspension.

 

25.12 (i) Such disciplinary proceedings shall be attended to as quickly as possible and completed within a reasonable period.

 

25.12 (j) The temporary suspension shall, subject to paragraph (g), remain in force until the finalisation of the disciplinary proceedings, including any appeals, provided that the NDCA may, upon application and if the circumstances so warrant, at any stage set aside such suspension.

 

25.12   (k) The temporary suspensions may be set aside at any stage by the structure, which imposed it, if it deems it necessary.

 

25.13   (a) The DNC must adopt Articles and Regulations for the regulation of the effective and appropriate implementation and functioning of Article 25 dealing with disciplinary proceedings in DARE.

 

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25.13 (b) Without prejudice to the generality of Article 25.5, the DNC may, in regulations, prescribe further conduct by a member or public representative, constituting misconduct in respect of which disciplinary proceedings may be invoked and instituted against him or her.

 

25.13 (c) The DNC shall adopt guidelines for the interpretation of Article 25 and for the Articles of procedure applicable during disciplinary proceedings, including time limits to be followed before, during and after a hearing.

 

 

 

25.13 (e) The DNC may:

 

  1. Authorize other structures of DARE to institute disciplinary proceedings; and

 

  1. Establish appropriate structures to implement or make the appropriate arrangements to apply the provisions of Article 25.

 

Article 26 ARTICLES AND REGULATIONS

 

26.1.  The DNC may adopt Articles and regulations for the better carrying out of the activities of DARE.

 

26.2.   The DPCs may adopt Articles and regulations for the better functioning of DARE in their respective provinces.

 

26.3.   All such Articles and regulations shall be consistent with the constitutional norms of DARE , and Articles and regulations framed by the DPC shall only become operative when approved by the DNC, or, on a provisional basis pending approval by the DNC, by the DNWC.

 

26.4.    The DNC may frame a code of conduct to cover all structures, officials, public representatives, office bearers and members.

 

Article 27: GENERAL

 

DARE 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.

 

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Article 28: AMENDMENTS

 

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

 

 

 

Article 29: SPECIAL CONGRESS

 

29.1.    A special Congress of DARE may be convened by the NDC 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 Congress shall be given.

 

 

29.3.   Participation at the Congress shall be determined by the DNC, provided that branches are represented at such a Congress in proportion to their membership.

 

Article 30: CONTRACTUAL LIABILITY

 

Only the National Officials shall have the authority to bind DARE or to create any legal relationship.

Any other person purporting to bind DARE must produce a written authorisation from one of the National Officials, which must indicate the extent of that person’s authority.

 

Article 31 BORROWING POWER

 

The DNC may from time to time borrow any amount of money, on such terms and conditions as the DNC considers fit, with the power from time to time to alter the terms of any such borrowing, and to secure such borrowing or any other obligations of DARE by the mortgage or pledge, either generally or specifically, of the assets of DARE.

 

Article 32 TRANSITIONAL ARRANGEMENTS

 

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

 

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Article 33. DISSOLUTION

 

The National Congress or any Special Congress may dissolve DARE and transfer the assets and liabilities of DARE in such a manner as determined by the Congress, by way of a resolution passed by a seventy five percent (75%) majority of duly accredited delegates in good standing who are present and voting, provided that the DNC received notice of such resolution from a structure of DARE at least 12 months before it was voted on by such Congress.

 

APPENDIX A Disciplinary Procedure Introduction

 

Article 25 of the Constitution deals with discipline. This disciplinary procedure prescribes how the disciplinary procedure is to be used and how disciplinary proceedings are to be conducted.

 

Objective of Disciplinary Procedure

 

The objective of disciplinary procedure is to ensure that in all disciplinary proceedings:

 

There is a formal procedure.

 

There is a just and fair procedure.

 

A member is presumed innocent until proven guilty. Members have a chance to defend themselves.

 

A member has the right to appeal.

 

 

Starting Disciplinary Procedure

 

Disciplinary Proceedings may be instituted-

 

1. Only for violations or offences of DARE Constitution, the Articles and Regulations, the Standing Orders, Codes of Conduct, all policies and decisions properly adopted or made in terms of the Constitution, or the violations and offences set out in Article 25.5 or Article 25.13(b) [See Article 25.5. of the DARE Constitution.]

 

 

 

 

 

 

 

 

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  1. By any organ or official of DARE at Branch, District, Provincial or National level. However, the DNWC may direct that the disciplinary proceedings should take place at a higher level than where a violation or offence was committed [Article 25.6(e)].
  2. By the National Disciplinary Committee which can hear and decide cases:

 

Referred to it by DARE National Officials, DWC, or the DNC through the presenter.

 

 

  1. At Branch, Regional, Provincial or National level by a Disciplinary Committee unless:

 

The DNWC directs that the disciplinary proceedings should take place at a higher level than where a violation or offence was allegedly committed [Article 25.6(e)].

 

The National Disciplinary Committee institutes disciplinary proceedings referred by DARE National Officials, DNWC, or the DNC [Article 25.6(a)]

 

The National Disciplinary Committee institutes disciplinary proceedings itself for very serious violations or offences. [Article 25.6(a)]

 

 

Holding Disciplinary Proceedings

 

  1. A charge must be made within reasonable time of the violation or offence. [Article 25.7]

 

  1. A charge must be prepared by the presenter on behalf of the organ or officials of DARE instituting the disciplinary proceedings. The charge must:

Be in writing

 

Set out the information forming the reason for the charge and the alleged violation or offence in reasonable detail.

 

Identify the: Provision of the DARE Constitution, the Articles, the Standing Orders, and Codes of Conduct allegedly violated. Violations and offences set out in Article 25.5 alleged to have been committed.

 

Advise the charged member of her or his right to be represented by a member of DARE in good standing, to have an interpreter present, to call witnesses for defence of the charge, and to recall and question witnesses called for prosecution of the charge.

 

Specify the time and place of the disciplinary proceedings.

 

Be delivered to the charged member seven days before the disciplinary proceedings or sooner if this is necessary in certain serious circumstances.

 

 

  1. The following persons must be present at a Disciplinary Proceeding:

 

 

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The Chairperson and members of the Disciplinary Committee. The presenter of the charge.

 

The charged member, who can be tried in her or his absence if she or he does not appear.

 

The charged member’s representative and/ or interpreter who is a member of DARE in good standing.

 

The witnesses. A minute taker.

 

 

 

 

  1. The Chairperson of the Disciplinary Committee must ensure that:

 

The disciplinary proceedings are held in a fair impartial manner. He or she will Article on all matters that may arise and ensure order is maintained.

 

The charged member is informed of the charge, is informed of her or his rights and is asked to plead guilty or not guilty to the charge.

 

The presenter of the charge details the charged member’s alleged violation or offence and may call witnesses in support of the charge and may produce relevant documentation in support of the charge.

 

The charged member or her or his representative presents the defence to the charge and may call witnesses and may request the recall of and question witnesses called in support of the charge, and may produce relevant documentation.

 

 

Adjudication

 

At the end of the disciplinary proceedings, the Chairperson of the Disciplinary Committee must ensure that:

  1. The members of the Disciplinary Committee discuss the issues raised at the disciplinary proceedings in private and make a finding based on the facts and evidence of the case and make a ruling.
  2. The Chairperson and the members of the Disciplinary Committee decide a penalty. The penalties are:

 

 

 

 

 

 

 

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Reprimand

 

Payment of compensation and/or performance of useful tasks Suspension

 

Expulsion.

 

 

  1. The charged member is advised of the ruling and the penalty of the Disciplinary Committee with the reasons for these and is advised of her or his right to appeal.
  2. That the ruling and penalty are publicly announced. (Article 25.11).

 

 

Appeal

 

  1. An appeal may be lodged by:

 

The charged person against whom a finding has been made or a penalty imposed by the Disciplinary Committee.

 

The organ and/or officials who laid the charge against a finding or a penalty imposed by the Disciplinary Committee.

 

  1. An Appeal Hearing must be held by the next higher level unless:

 

The DPC directs that any appeal from a Branch Disciplinary Committee appeal should be heard by the Provincial Disciplinary Committee.

 

The DNWC directs that any appeal should be heard by a higher level than the next higher level.

 

  1. The National Disciplinary Committee is the final structure for appeals to be heard. However, the DNC may at its discretion review a decision of the National Disciplinary Committee in accordance with standing orders adopted by the DNC. [Article 25.6(a)]

 

 

 

Appeal Procedure

 

The following procedure must be followed for appeals:

 

  1. The appeal must be made at the next higher level or the level which the DNWC or the DPC directs to hear the appeal.
  2. The appeal must:

 

 

Be made within fourteen days of the charged member being informed of the ruling and penalty with the reasons for these.

 

 

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Be in writing.

 

Set out the reason for the appeal in reasonable detail. Set out the grounds for the appeal in reasonable detail.

 

 

  1. Except in exceptional circumstances determined by the Chairperson of the Disciplinary Committee hearing the Appeal, no new evidence may be presented or considered at the appeal. No new charges may be brought at the appeal.

 

  1. The Chairperson and the members of the Disciplinary Committee must discuss the issues raised at the appeal hearing, and come to a finding based on the facts and evidence of the appeal hearing and make a ruling which can confirm, vary or amend the original ruling and/or penalty.

 

  1. The person who appeals must be advised of the ruling and the confirmation or variation of the original ruling and/or penalty.

 

  1. Any further appeal will need the permission of the next higher level.

 

 

  1. Any such further appeal must follow the above appeal procedure.

 

 

  1. Appeals on the decisions of the NDC, where the NDC acts as a committee of instance, shall be referred to the NDCA in accordance with the procedures above.