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The name of the organizationshallbetheUnitedDemocratic rant('theUDF') . HeadOffice TheHeadOfficeoftheUDFshallbeatJohannesburg, oratsuchotherplaceas theNational ExecutiveCommittee maydeterminefromtimetotime . 3 . Obiects TheUDFshallstrivetowardstherealizationofa non-racialdemocraticsocietyinSouthAfricaandtowards thisendshall : 3 .1articulateoppositiontothelegislativeprogrammeof thegovernmentinsofarassuchprogrammeconflicts withdemocraticprinciples,andinparticularshall articulateoppositiontotheConstitutionAct,110of 1983andalsoTheBlackLocalAuthoritiesAct,the OrderlyMovementandResettementofPersonsBilland (generallyknownasthe'Koornhof Bills') . 3 .2actasaco-ordinatirgbodyforprogressivecommunity, social,educational,politicaland other such organizationswhichsubscribetodemocratic:principles ;

the National · replacement in an acting capacity pending the electio of a new member by the National General Council. 10.10 Powers and functions of the NEC 10.10.1 The NEC shall

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Page 1: the National · replacement in an acting capacity pending the electio of a new member by the National General Council. 10.10 Powers and functions of the NEC 10.10.1 The NEC shall

The name of the organization shall be the United Democraticrant ('the UDF') .

Head Office

The Head Office of the UDF shall be at Johannesburg,or at such other place as the National Executive Committeemay determine from time to time .

3 . Obiects

The UDF shall strive towards the realization of anon-racial democratic society in South Africa and towardsthis end shall :

3 .1 articulate opposition to the legislative programme ofthe government in so far as such programme conflictswith democratic principles, and in particular shallarticulate opposition to the Constitution Act, 110 of1983 and also The Black Local Authorities Act, theOrderly Movement and Resettement of Persons Bill and

(generally known as the 'KoornhofBills') .

3 .2 act as a co-ordinatirg body for progressive community,social, educational, political and other suchorganizations which subscribe to democratic: principles ;

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3 .3 articulate the social and political aspirations ofmembers of the UDF and its affiliates ;

3 .4 engage in appropriate actions and undertakeappropriate programmes in pursuit of the above .

4. Pwers

4 .1 The UDF shall have all powers necessary or incidentalto the carrying out of its objects, which shallinclude the powers to-

4 .1 .1

borrow or raise movies and funds ;

4 .1 .2

invest money and funds ;

4 .1 .3

open, operate and close banking accounts andto contol its finances ;

4 .1 .4

hold, lease and own property of all kinds,apart from its members ;

4 .1 .5

engage and discharge employees and to settheir terms and conditions of employementf

4 .1 .6

sell, exchange, lease or mortgage any or albof its assets .

4 .1 .7 control the funds and property of the UDFand to apply such funds in such manner asmay be necessary to carry out its functions

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5 . Legal Perscna itv

Page 3 .

4 .1 .8

institute and defend legal proceedings by oron behalf of the UDF ;

4 .1 .9

enter such contracts end engage in suchtransactions as may be necessary to achieveits objects .

4 .2 Only the National Executive Committee ('NEC') shallexercise the above powers : provided that the NEC maydelegate any of its powers to persons or committees,including Regional Executive Committees ('REC'), onterms and conditions which it may decide from time totime .

4 .3 J11 the funds of, the UDF shall be used solely infurtherance.of the objects specified in clause 4 .1 .

The UDF shall by a body corporate, having perpetualsuccession and capable of suing • and being sued in its ownname . The liability of members shall be limited to theamount of their subscriptions outstanding at any time . Nomember shall have any right to assets of the UDF .

6 . Structure

The UDF shall consist of a National General Council and

Regional General Councils . The number of Regional GeneralCouncils and their geographic boundaries may be alteredfrom time to time by the NEC, • subject to ratification bythe next meeting of the National General Council .

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7 .

There shall be two classes of members, as follows :

7 .1

P. .L. % .'. j. ' i i e s

7 .1 .1

All organizations present at the inauguralconference of the UDF on 20 August 1983otherwise then as observers, shall bemembers of an appropriate Regional GeneralCouncil, unless they decline such

`membership . These organizations and theRegional General Councils under which they

fall are set out in the schedule to thisConstitution marked 'A' .

7 .1 .2

All organizations of a community, social,sporting, religious, educational, politicalor similar nature which subscribe to theobjects of the UDF may apply for affiliatemembership of one or more of the RegionalGeneral Councils of the UDF : provided that-

7 .1 .2 .1

a prospective affiliate must operateand have members of its own in thegeographic area of the Regional GeneralCouncil in respect of which it seeksmembership ;

7 .1 .2 .2

Admission, suspension and expulsion ofmembers shall be at the discretion ofthe Regional General Councils withjurisdiction, subject to the overridingpowers of the National General Councilto change any decision of a Regional

General Council in this regard .

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7 .2 ~' c131 Members

7 .2 .1

Organizations located outside South Africawhich support the objects of the UDF mayapply for special membership thexeof .

7 .2 .2

Admission, suspension,or expulsion ofspecial members shall be at the discretionof the National General Council . The NECmay provisionally admit, suspend or expelmembers pending the next meeting of theNational General Council .

8 . McTbership Fees and Other Financial Obligations

8 .1 Affiliate Members

8 .1 .1

The respective Regional General Councilsshall determine the joining and annualsubscription fees of affiliates . Theamounts of such fees may vary from member tomember, according to particularcircumstances . In special cases such feesmay be waived .

8 .1 .2

Records of all fees received from affiliatesand individual members shall be maintainedby the Regional General Council concerned .

8 .1 .3

Affiliates may be required at any time ifcalled upon so to do by their respectiveRegional General Councils to pay anadditional levy in order to supplement the

funds of such Councils .

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8 .2 SpecialMembers

The National Executive Committee shall determine thejoining and annual subscription fees of specialmembers, which may vary from .member to member .Records of all fees received from special membersshall be maintained by the NEC .

9 . N t' oral C •enci l

9-1 The National General Council shall be the supremepolicy- and decision-making body of the UDF . Lt shallendeavour to allow Regional General Councils and theiraffiliates as great a measure of independence as is

consistent with the objects and unity of the UDF .Affiliates of Regional General Councils shall be freeto pursue their respective objects withoutinterference from the UDF : provided that, if theNational General Council or a Regional General Councilis of the opinion that any affiliate's conduct isinconsistent with the objects or the unity of the UDF,action may be taken against it under sub-clause8 .1 .2 .2 above .

9 .2 Mme fi z : .gs

9 .2 .1

The National General Council shall convenean Annual General Meeting at least once peryear at a time determined by the NationalExecutive Committee .

9 .2 .2

If any three Regional General Councils callfor a special meeting of the NationalGeneral Council, the NEC shall convene suchmeeting as soon as possible .

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9 .2 .4 .

9 .2 .5 .

Regional General Councils shall be given atleast one month's notice of the convening ofithe National General Council, as well asdetails of the agenda and venue, andRegional General Councils shall be chargedwith passing on such information to theirrespective affiliates without delay .

Accidental omission to notify any affiliateor non-receipt by any affiliate of suchnotice shall not invalidate the proceedingsof a meeting .

9 .2 .6 .

The NEC shall decide in • what manner theproceedings of the National General Councilshall be conducted . These powers may bedelegated to the Chairperson of the NationalGeneral Council, who shall be appointed bythe NEC on an ad hoc basis .

Page ? .

9 .2 .3

The NEC may convene interim National GeneralCouncil meetings of its own motion .

9 .3 nel gations to National Council

9 .3 .1

The National General Council shall compriseof delegations from the Regional GeneralCouncils . Each affiliate of a RegionalGeneral Council will be entitled to tworepresentatives in a delegation . Furtherrepresentatives may be allowed at thediscretion of the NEC .

9 .3 .2

Each representative shall have one vote andall votes shall carry equal weight .

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9 .3 .3

Decisions of the National General Councilshall be by majority vote .

9 .4 Election of office bearers and nomination of patrons

9 .4 .1

The National General Council shall elect thePresidency, consisting of three Presidents,and two National Treasurers at its AnnualGeneral Meeting . The office bearers shallhold office until the next but one AnnualGeneral Meeting, when they may be eligiblefor re-election .

9 .4 .2

Should three or more candidates be nominatedfor an office, two or more ballots shall beconducted such that the candidate whoreceives the least votes in each round shallbe eliminated. The successful candidateshall be the person who receives the mostvotes in thee ballot between the last tworemaining candidates .

9 .4 .3

The National General Council shall nominatePatrons of the UDP on an annual basis .

The national Executive Committee

10 .1 The National Executive Committee shall cgnsist of thefollowing persons :

10 .1 .1

members of the Presidency :

10 .1 .2

the Secretariat, consisting of the twoRegional Secretaries of each Region ;

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10 .1 .3

The two Vice Presidents of each Region ;

10 .1 .4

two additional members from each RegionalGeneral Council, who shall be members of the

REC .

10 .1 .5

two additional persons, co-opted by the NEC,to serve as the National Publicity Officerand the National Organizing Secretaryrespectively ; these persons shall beemployees of the UDF .

10 .2 Should any office-bearer elected by the NationalGeneral Council also be entitled to membership of theNEC by virtue of his or her position on a RegionalGeneral Council, then such office bearer's RegionalExecutive Council may nominate another of its membersto represent it on the NEC .

10 .3 The NEC shall have the power to co-opt persons fromregions which are not yet duly constituted .

10 .4 The National Executive Committee may allocate specificportfolios and titles to its members .

10 .5 At each of its meetings, the NEC shall appoint fromits members an ad hoc Chairperson to, preside thereat .

10 .6 A majority of the members of the NEC shall constitutea .quorum at - a meeting . Members may participate in ameeting by means of a telecommunications system .

10 .7 Shouldit be impossible because of extraordinary

circumstances for enough members to attend a meetingof the . NEC in order tp constitute a quorum, suchmembers who are in a position to attend shallconstitute a quorum .

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10 .8 The NEC shall endeavour to arrive at its decisionsthrough consensus ; otherwise the decision 5ha11 bereached by majority vote and the chairperson shallhave a deliberative but not a casting vote .

10 .9 Should three-quarters of the members of the NEC decidethat a member is unfit to remain in office on thegrounds of improper conduct or incapacity, his termmay be terminated prematurely, subject to ratificatioiof the decision by the next meeting of the NationalGeneral Council . In such event, the NEC may appointreplacement in an acting capacity pending the electioof a new member by the National General Council .

10 .10

Powers and functions of the NEC

10 .10 .1

The NEC shall be responsible for theexecution of the National General Councilpolicy and decisions, and shall attend tothe affairs and administration of the UDF .It shall be entitled to initiate or pursueany actions consistent with its powers asdescribed in this Constitution .

10 .10 .2 The NEC shall be entitled to appointsub-committees in the performance of itsfunctions .

10 .10 .3

In furtherance of its powers and functionsdescribed in 11 .10 .1, the NEC may assignspecific administrative tasks and imposeparticular duties on the Secretariat .

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11gional Councils

11 .1 Composition

Page 11 .

10 .10 .4

The National Treasurers shall be responsiblefor the administration of the financiallaffairs of the UDF . They shall ensure thatproper books of account are kept in respectof the financial matters of the NEC . Theyshall ensure that audited financialstatements in respect of the NEC's financialmatters are prepared within four months ofthe close of the financial year, which shallbe on 31 December each year .

11 .1 .1 A" Regional General Council shall comprise ofaffiliates which have individual members inthe particular region .

11 .1 .2

Each affiliate shall be entitled to send adelegation comprised of not more than twcdelegates to a Regional General Council .Delegates shall have speaking rights at theCouncil .

11.1.3 Each delegate shall have one vote and allvotes shall carry equal weight . Should anaffiliate be represented by one delegateonly, he or she shall have two votes .

11 .1 .4

Affiliates shall be entitled to send furtherrepresentatives to a Council as observers,subject to the discretion of the REC .

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11 .2 .1 The Regional General Council shall convenean Annual General Meeting at least once peryear at aa time determined by the REC .

11 .2 .2

If any five affiliates of a Regional GeneralCouncil call for a special meeting of thatRegional General Council, the REC shallarrange for such meeting as soon as possible .

11 .2 .3

A REC may convene interim meetings of aRegional General Council of its own motion .

11 .2 .4

Affiliates shall be given at least onemonth's notice of the convening of theRegional General Council, as well as detailsof the agenda and venue .

11 .2 .5 .

Accidental omission to notify any affiliateor non-receipt by any affiliate of suchnotice shall not invalidate the proceedingsof a meeting .

11 .2 .6

The REC shall appoint an d hoc RegionalChairperson to preside at a council meeting .

11 .2 .7

Conduct of meetings shall be regulated bythe Regional Chairperson .

11 .2 .8

Observers may address the Council with thepermission of the Regional Chairperson .

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11 .2 .9

One third of the number of delegationseligible to attend a particular RegionalGeneral Council shall constitute a quorum .

Should insufficient delegations be presentat any meeting to constitute a quorum, suchmeetingshall be reconvened for two weeks hence .

The delegates attending such later meetingshall constitute a quorum .

11 .2 .10 The decision of the majority of delegates ata meeting shall be the decision of theCouncil .

12 Regional Executive Committee

12 .1 A'REC shall be elected by each Regional GeneralCouncil at its Annual General Meeting . .

12 .2 An REC shall consist of not less than eight members,

who shall hold office until the next but one AnnualGeneral Meeting of the particular Regional GeneralCouncil, when they may be eligible for re-election .

12 .3 An REC shall elect from amongst its members a Regional

President, two Regional Vice-Presidents, two RegionalSecretaries and a Regional Treasurer .

12 .4 Should three-quarters of the members of an REC decidethat a member is unfit to remain in office on thegrounds 'of improper conduct or incapacity, his termmay be terminated prematurely, subject to ratificationof the decision by the next meeting of the particularRegional General Council ., In such event, the REC may

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12 .5 Powers and functions

12 .5 .1

The REC shall be responsible for theexecution of the policies of the UDF in aregion as formulated by the National andRegional General Councils . The REC shallalso be responsible for the running of theday-to-day affairs of the UDF in aparticular region .

12 .5 .2

Should there be any dispute between the NECand an REC over the interpretation orimplementation of the policies of the UDF,the decision of the NEC shall prevail .

12 .5 .3

The Regional Treasurer shall be responsiblefor the administration of the financialaffairs of the Region . He or she shallensure that proper books of account are keptin respect of such financial affairs andthat audited financial statements areprepared within three months of the end ofthe financial year, which shall be on 31December each year .

12 .5 .4

Each Regional Treasurer shall submitaccurate income and expenditure accounts forthe Region to the National Treasurers everythree months .

Page 14 .

appoint a replacement in an acting capacity pendingthe election of a new member by the Regional General

Council .

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13 . Dissolution

15 . Amendments

page 15 .

12 .5.5

The Regional Treasurer shall ensure that acertified copy of the financial statementsof a Region are submitted to the NationalTreasurers as soon as they are audited eachyear

13. .1

If for any reason the UDF is unable to functionand there are no reasonable prospects of ft being

able to do so in the near future, or if twothirds of the votes of the delegates to theNational General Council are in favour of aresolution that the UDF be dissolved, then theUDF shall be dissolved ..

13 . .2

In such event, the NEC shall appoint a liquidatorto wind up the affairs of the UDF. Theliquidator shall have all the powers necessaryfor the discharge of his duties .

13 . .3

'In the event of dissolution, the liquidatedassets of the UDF shall not be distributed to anymembers of the UDF being natural persons, butshall be distributed to an organization ororganizations, selected b~ the NEC, which pursuesor pursue objects similar to those of the UDF .

15 .1 . This Constitution may be altered if two thirds of thevotes of the delegates to the National General Councilire in favour of an amejdment .

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15 .2 Notice of any proposed amendment must be given inaccordance with clause 10 .2 .4 .