CONSTITUTION OF THE ZIMBABWE AFRICAN PEOPLE'S UNION
(AMENDED AS AT 28 AUGUST 2010)
WHEREAS THE ZIMBABWE AFRICAN PEOPLE`S UNION (hereinafter referred to as "ZAPU" or "the Party") is the original liberation movement in Zimbabwe that emerged as the Southern Rhodesia African National Congress in 1957, later the National Democratic Party, and adopted the name Zimbabwe African People's Union in 1961;
AND WHEREAS ZAPU resolved at the Cold Comfort Farm never to change its name again in the face of bannings and harassment by the settler regimes of the time;
AND WHEREAS ZAPU initiated and prosecuted the liberation struggle in Zimbabwe from within and outside Zimbabwe until political independence was achieved in 1980, having transformed itself from a mere nationalist organization with a Pan - Africanist outlook to a broad revolutionary movement with an internationalist outlook, with its armed wing, the Zimbabwe People's Revolutionary Army (ZPRA);
AND WHEREAS ZANU (Zimbabwe Africa National Union) was formed as a breakaway party in 1963 and separately participated in the liberation struggle with its armed wing ZANLA (Zimbabwe African National Liberation Army);
AND WHEREAS in 1987 ZAPU entered into a unity accord with ZANU (PF) the ruling party that had been engaged in acts of genocide and other human rights abuses against the people of Zimbabwe living in Matabeleland and Midlands provinces as a result of which accord such acts and abuses ceased for a while the marginalization of those peoples persisted and the abuses resurfaced countrywide in 2008, much against the letter and spirit of the 1987 Unity Accord;
AND WHEREAS in December 2008 ZAPU reconsidered its position in the unity accord in the face of fundamental breaches of the unity accord by ZANU and at a convention resolved to withdraw therefrom and resuscitate itself as a political party.
AND FURTHER WHEREAS ZAPU realizes the need to transform itself from a liberation movement to a competitive political power and to govern the country with transparency and accountability as a servant rather than master of the people,
NOW THERFORE, WE THE DELEGATES HERE SOLEMNLY ASSEMBLED IN NATIONAL PEOPLE`S CONGRESS do hereby give unto ourselves, the people of Zimbabwe and to posterity the amended CONSTITUTION that follows.
ARTICLE 1. NAME
The name of the party shall be and remain the Zimbabwe African People`s Union, abbreviated as "ZAPU" and otherwise referred to as "the Party", which name shall, as agreed at the Cold Comfort Farm, not be changed as long as the Party exists.
ARTICLE 2. PARTY SYMBOL
The Party symbol shall be a charging bull protecting a circle as reflected in Part 1. of the First Schedule.
ARTICLE 3. PARTY FLAG
The Party flag shall be as reflected in Part 2 of the First Schedule.
The Party Flag shall remain a red top with a black star to the far left and gold star to the far right, followed by gold and, at the base, black with a red star to the far left and a green star to the far right, and the Great Zimbabwe ruins within the centre circle.
The red symbolizes the blood shed by our combat personnel and civilians within and outside Zimbabwe to free our country. The green symbolizes life and our agro- based economy. The gold symbolizes our wealth, lofty values and national pride. The black symbolizes the black people who bore the brunt of the revolutionary struggle. The ruins symbolize our common heritage, after which our country is named.
ARTICLE 4. AIMS AND OBJECTS
1. To create and maintain a political environment within the Party and the country that is tolerant, open, accountable and that is free from racial, ethnic, religious, sexist, and age-related prejudices and preferences and that does not discriminate against the physically challenged, or any group or class.
2. To compete fairly and by constitutional means for power at national, regional / Provincial and local level.
3. To ensure that the country accedes to and abides by international human rights and other conventions and protocols and instruments under , inter alia, the United Nations Charter, the Africa Charter on Human and People's Rights, the Geneva Conventions on the Treatment of Prisoners of War, regional economic and other protocols.
4. To achieve the unity of the people of Zimbabwe through recognition of their immense diversity, devolving meaningful and effective power upon regional/ provincial governments with each of the regions /provinces, being vested with full power and control over their respective resources, service organs, budgets and local government structures, and the national government retaining charge of national defence and security and foreign affairs, among the few other governmental powers.
5. To mobilize the people of Zimbabwe to support the Party and strive for the attainment of these aims and objects and to accept that leaders as servants of the people are replaceable and should be replaced at regular intervals and recallable upon failure to meet expectations.
6. To foster a sense of patriotism among the people of Zimbabwe and inculcate values of self and collective discipline, self reliance and collective leadership and responsibility.
7. To defend the sovereign state of Zimbabwe against external enemies and to protect rather than victimize the citizens of Zimbabwe.
ARTICLE 5. MEMBERSHIP
Membership of the Party shall be in the following categories:
- Ordinary members
- Associate members
- Affiliate members
- The Regional Chairperson
- The Regional Secretary
- The Secretary for Inter-Regional Co-Ordination
- The Secretary for Intra-Regional Co-Ordination
- The Regional Chairperson of the Council of Elders
- The Regional Chairperson of ZAWU
- The Regional Chairperson of the Youth Front.
- Three Regional Committee Members.
1. Ordinary Membership
Ordinary membership shall be open to all bona fide citizens of Zimbabwe, whether living in Zimbabwe or in the diaspora, who subscribe to the aims and objectives of the Party as set out in Article 4 of this Constitution, and who submit themselves to the disciplinary power of the Party. A person shall not be admitted into membership of the Party if she/ he is a member of another political party and has not resigned from that party.
2. Associate Membership
Associate membership of the Party shall be open to all non citizens of Zimbabwe who have lived or are living in Zimbabwe and to all former citizens of Zimbabwe, or their descendants who subscribe to the aims and objectives of the Party as set out in article 4 of this Constitution and who submit themselves to the disciplinary power of the Party. Such persons may apply for ordinary membership of the Party upon attaining or re-claiming their Zimbabwean Citizenship.
3. Affiliate Membership
Affiliate membership of the Party shall be open to all juristic persons and bodies corporate within and outside Zimbabwe that subscribe to the aims and objects of the Party as set out in Article 4 of this Constitution and submit themselves to the discipline of the Party as contained in Article 4 of this Constitution, read with the Disciplinary Code of Conduct appended to this Constitution (Appendix "A"), and is not a member of or associated with any other political party. An aspiring affiliate may be admitted by the leave of the NEC. Individuals in such organizations may join the Party and hold office in the Party as individuals.
ARTICLE 6: PROCEDURE IN APPLICATIONS FOR MEMBERSHIP, RIGHTS, DUTIES, AND OBLIGATIONS OF MEMBERS
1. Procedure in Applications for Membership
1.1. Ordinary Membership
1.1.1. A natural person (individual) shall apply for membership by entering his/her particulars or causing such particulars to be entered, in prescribed forms or books kept by the Mass Mobilization/Organizing secretariat of the Party at branch level.
1.1.2. Only after the national secretary for mobilization and organisation or some other designated officer has signed against such particulars shall such persons' membership of the Party be considered as accepted unless such membership is confirmed by default after the lapse of three months.
1.1.3. A person whose application for membership is rejected shall have the right to appeal to the National Executive Committee whose decision shall be final.
1.1.4. The branch secretary for mobilization and organisation shall provisionally accept all members applying for membership and require them to pay, through the branch treasurer, the prescribed fee and prescribed subscriptions, which shall be refundable to such member if his/her membership is rejected within three months of application.
1.1.5. If a member's application is not rejected after three calendar months, such a member's application shall be deemed to have been accepted, notwithstanding the absence of the National Secretary for Mobilization and Organisation`s signature against such member's particulars.
1.2. Associate Membership
1.2.1. The procedure in paragraph 1.1.1 to 1.1.5 inclusive shall apply mutatis mutandis to applications for associate membership.
1.3. Affiliate Membership
1.3.1. A duly authorised official shall complete the prescribed form for affiliate membership and forward it to the National Secretary for Mass Mobilization and Organisation with a copy to the Resource Mobilization Secretariat.
1.3.2. Approval of such membership shall be signified by the endorsement "approved" on such forms, followed by the signature of a designated official of that Secretariat.
1.3.3. An Affiliate member shall confirm its membership by paying the prescribed fee and thereafter shall pay such subscription fees as may be prescribed, provided that any such member may from time to time, make such ex gratiadonations in cash or in kind as it may see fit to make.
2. Rights of Members
2.1 Ordinary Members
Every ordinary member whose membership has been approved or deemed to have been approved shall have the right:
2.1.1 to attend meetings at his/her branch and if elected to the branch or other executive organ, of such organ without any let or hindrance provided that such members shall not enjoy such right if such member is on suspension as a disciplinary measure, or is otherwise lawfully excluded therefrom.
2.1.2 to be eligible for nomination into any position in any party organ, but shall not have the right to nominate him/herself into any organ of the Party.
2.1.3 to attend all public meetings of the Party and to contribute freely to debate and discussion at such meetings.
2.1.4 to be eligible for nomination into any local authority, Provincial/Regional/National office, provided that such member shall not have the right to nominate him/herself to such office.
2.1.5 to fair treatment by his subordinates and his superiors in the Party and to a fair disciplinary hearing and fair grievance procedures.
2.1.6 to access any unclassified Party information.
2.2 Associate Members
Every associate member shall be entitled to all the rights of membership under 2.1 to 2.1.3 inclusive and 2.1.5 and 2.1.6 above but shall not be entitled to the rights under 2.1.4 above.
2.3 Affiliate Members
Every affiliate member shall be entitled:
2.3.1 to receive the Party's financial statements from time to time or upon request.
2.3.2 to give sponsorship to fundraising events with the approval of the national resource committee.
2.3.3 to attend such meetings of the Party as affiliate members may be invited to provided that such members shall not have the right to vote at such meetings.
2.3.4 to access any unclassified Party information.
3. Duties and Obligations of All Members
Subject to the provisions of this Constitution:
3.1 All members shall participate in branch activities
3.2 Each member shall defend the Party to the best of his/ her ability.
3.3 Members shall at all times strive to understand the Party policies and programmes and shall, wherever possible, explain these to the people.
3.4 Every member shall participate in the mobilisation of our people to vote for the Party in local government, regional/provincial elections and in national government elections, and to recruit our people to join the Party.
3.5 Members shall observe the highest standards of honesty, integrity, and discipline. The Party reserves the right to suspend or expel any member who is involved in criminal or such activity as is not compatible with the values of the Party.
3.6 No member shall speak to any media on behalf of the Party unless specifically authorised to do so.
3.7 Each ordinary member shall register as a voter in the ward and/or constituency where he/she is eligible to register.
3.8 Any member of the Party who stands in an election for local or provincial/regional government or national government, or promotes and /or supports a candidate in opposition to a candidate nominated or endorsed by the Party shall be automatically expelled from the Party, or be deemed to have resigned from the Party.
3.9 Any member who crosses the floor or becomes an independent after election on a party ticket shall, by such conduct, expel him/herself or be deemed to have resigned from the Party.
3.10 Any member who joins or offers support to any other political Party or organisation that is considered hostile to the policies and values of the Party shall be automatically expelled from the Party, save that if such support or service is offered as part of professional, occupational, or business services normally performed by such member, this provision shall not apply.
3.11 Any member who is elected through the Party or holds office in government at any level as a deployee of the Party is required to attend appropriate caucuses of the Party and must abide by and promote the decisions of the Party. The National Executive Committee shall have the right to recall any member who is deployed in any position on good cause shown. Any member who fails, neglects, and/or refuses to abide by the decision of the NEC to recall him shall be automatically expelled from the Party or be deemed to have resigned from the Party.
3.12 Any member of the Party holding office in any organ of the Party shall, upon election to office in government at any level, be required to relinquish his/her position in any and all Party structures while retaining his/her membership of the Party and all rights, duties, and obligations of such membership and his/her position shall be filled by co-option and be retained until the next congress.
ARTICLE 7: ORGANS OF THE PARTY
There shall be the following organs of the Party:
1. The Branch
2. The District
3. The Province
4. The Region
5. The Inter-Regional Organ
6. The ZAPU Women's Union
7. The ZAPU Youth Front
8. The National Council Of Elders
9. The National Council
10. The National Executive Committee
11. The People's Congress
1. The Branch
The branch shall be the basic organ of the Party, to which every ordinary and associate member, regardless of position occupied in any Party organ, shall belong.
1.1 The Branch
There shall initially be one main branch to every local authority ward. The number of branches shall be increased beyond the confines of a ward by the membership strength of the party. Every 50 members from each of the Youth Front, ZAWU and main wing within a ward may form further branches and there shall, in a ward be as many branches as there are groups of party members.
1.2 BRANCH & DISTRICT EXECUTIVE COMMITTEES
The Branch & District Executive Committees shall consist of 13 (thirteen) members as specified below:
1. The Chairperson
2. The Vice-Chairperson
3. The Secretary
4. The Secretary for Mobilization and Organisation
5. The Secretary for the Treasury
6. The Secretary for Education, Welfare, and Health
7. The Secretary for Economic Development
8. The Secretary for Security
9. The ZAWU Chairperson
10. The Youth Chairperson
11. The Council of Elders Chairperson
12. Committee Member
13. Committee Member
1.3 PROVINCIAL EXECUTIVE COMMITTEES
The Provincial Executive Committees shall consist of 16 (sixteen)members as specified below:
1. The Chairperson
2. The Vice-Chairperson
3. The Secretary
4. The Secretary for Mobilization and Organisation
5. The Treasury Resource Mobilisation Secretary.
6. The Secretary for Education, Welfare, Health
7. The Secretary for Economic Development
8. The Secretary for Information, Publicity, and Marketing
9. The Secretary for Legal Affairs
10. The Secretary for Culture, Spiritual, and Traditional Affairs
11. The Secretary for Security
12. The Secretary for Policy and Strategy
13. The ZAWU Chairperson
14. The Youth Chairperson
15. The Council of Elders Chairperson
16. Committee Member
17. Committee Member
18. Committee Member
1.4 THE NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee shall consist of 20 (twenty) members as specified below:
1. The President
2. The Vice - President
3. The Secretary General
4. The Treasurer
5. The Secretary for Mobilization and Organisation
6. The Secretary for Education, Welfare, and Health
7. The Secretary for Economic Development
8. The Secretary for Information, Publicity, and Marketing
9. The Secretary for Legal and Special Affairs
10. The Secretary for Culture, Spiritual, and Traditional Affairs
11. The Secretary for Security
12. The Secretary for External Affairs
13. The Secretary for Policy and Strategy
14. The ZAWU Chairperson
15. The Youth Chairperson
16. The Council of Elders Chairperson
17. Alternate Secretary General
18. Alternate Treasurer
19. Committee Member
20. Committee Member
2. The Branch
2.1 Once the main branch is complete with a full executive committee and one hundred members, excluding members of the main branch executive committee, there shall be set up such further branches within a ward as membership numbers shall allow. There shall be one branch for every fifty registered members of the Party.
2.2 Every branch shall consist of elected officials holding office as set out in the branch structure.
3. The District
3.1 The district shall consist of all the branches within a ward constituency or every five or more branches and shall exercise supervision over them through the branches in the constituency.
3.2 Each district shall be led by a District Executive Committee, structured in the same way as a branch.
3.3 Once a full district is complete, every five full branches within the same geographical area of a constituency shall from a further district, which further districts shall fall under the supervision of the Provisional Executive Council.
4. The Province
4.1 The demarcation of provinces shall follow the pattern of the present administrative provinces of the country namely Manicaland, Masvingo, Matabeleland South, Bulawayo, Matabeleland North, Midlands, Mashonaland West, Mashonaland Central, Harare and Mashonaland East, provided that each province may give a name to itself, which name shall become its official name once endorsed by the National People's Congress.
4.2 There shall also be diasporan provinces, it being acknowledged that so far there are the following such provinces: South Africa, United States of America, Canada and Europe.
4.3 Each province shall be led by a Provincial Executive Committee consisting of the elected office bearers referred to in 1.3 above.
5. Regional Executive Committee
There shall be five elected Regional Executive Committees namely:
5.1 The Eastern Region composed of present the ManicalandProvince
5.2 The Southern Region composed of the present MasvingoProvince
5.3 The Central Region composed of the present MidlandsProvince
5.4 The Western Region composed of the present Matabeleland South, Bulawayo and MatabelelandNorthProvinces.
5.5 The Northern Region composed of the present Mashonaland West, Central, East and HarareProvinces.
5.6 The Regional Executive Committee shall consist of the following elected officials.
6. The Inter-Regional Council
There shall be two Inter-Regional Councils, each with it's inter-Regional headquarters, namely:
6.1 The Northern Inter-Regional Council which shall be led by the most senior members of the Party in the area. This shall consist of members in the Northern and Eastern regions.
6.2 The Southern Inter-Regional Council which shall be led by the most senior members of the Party in the area. This shall consist of members in the Central, Southern and Western Regions.
6.3 The Inter-Regional Councils shall supervise and co-ordinate Party activities and programmes in their respective areas, reporting to the National Executive Committee.
7. General Provisions for all Party structures.
7.1 The structures of the Council of Elders, ZAWU and the Youth Front shall be replicated at all levels of the Party.
7.2 All elections to office in all organs of the Party shall be run and supervised by the Elections Committee.
7.3 All elections to office to all levels of the Council of Elders shall be run and supervised by a team appointed by the National Executive Committee.
8. The National Executive Committee (NEC).
The NEC shall be the main administrative organ of the Party and shall be responsible for the day to day administration of the Party.
8.1 The NEC shall comprise:-
8.1.1 The President
8.1.2 The Vice - President
8.1.3 The Secretary General
8.1.4 The National Chairman
8.1.5 The Treasurer
8.1.6 The Secretary For Mobilization and Organisation
8.1.7 The Secretary For Publicity, Information and Marketing
8.1.8 The Secretary For International Relations
8.1.9 The Secretary For Security
8.1.10 The Secretary For Special and Legal Affairs
8.1.11 The Secretary For Education, Welfare, and Health
8.1.12 The Secretary For Economic Development
8.1.13 The Secretary For Policy and Strategy
8.1.14 The ZAWU Chairperson
8.1.15 The Youth Chairperson
8.1.16 The National Chairperson of the Council of Elders
8.1.17 Alternate Secretary General
8.1.18 Alternate Treasurer
8.1.19 Committee Member
8.1.20 Committee Member
The National Executive Committee shall appoint from among committee members or from among members of the National Council two members, one as alternate National Secretary and the other as alternate Secretary for the Treasury and Resource Mobilisation.
8.2 FUNCTIONS OF THE NATIONAL EXECUTIVE COMMITTEE
8.2.1 The President
126.96.36.199 The President shall be the Supreme Executive Officer of the Party and all other officers of the Party including members of the National Executive Committee shall execute their duties under the charge of the President.
188.8.131.52 In the absence of the President the Vice President shall carry out his/her functions.
184.108.40.206 The President shall preside over all sessions of the National Executive Committee.
220.127.116.11 The President shall exercise a casting vote only at all meetings he presides over.
18.104.22.168 The President, by addressing ZAPU meetings (public and private) or otherwise, shall provide ideological guidance to the Party.
22.214.171.124 The President shall draw up rules of procedure for all meeting he presides over, and of the Party generally.
8.2.2 The Vice-President
The Vice-President shall deputise the President in the exercise of the functions of the office of the President.
8.2.3 Secretary General
126.96.36.199 The Secretary General shall:
188.8.131.52.1 be the executive and coordinating official of the Party
184.108.40.206.2 be responsible for the safe keeping of the records of the Party
220.127.116.11.3 define the functions and responsibilities of regional coordinators and directorates of the Party
18.104.22.168.4 keep the Presidency, National Executive Committee, and National People's Council informed of the state of the Party and of developments on all issues
8.2.4 The National Chairperson
22.214.171.124 The National Chairperson of the Council of Elders shall preside over all sessions of the People's Congress, and over all sessions of the National People's Council but may ask the National Chairperson to take his place.
126.96.36.199 The National President shall preside over all sessions of the National Executive, in the absents of the President the Deputy shall- but the National President may ask the National Chairperson to preside over a meeting of the National Executive.
188.8.131.52 The National Chairperson shall exercise a casting vote only over all meetings the Chairperson presides over.
184.108.40.206 The Chairperson shall convene meetings of branch and district executive committees all over the country to guide them in procedure as required by the National Executive.
220.127.116.11 The National Chairperson, by addressing ZAPU meetings (public and private) or otherwise, shall provide ideological guidance to the Party.
18.104.22.168 The National Chairperson shall draw up rules of procedure for all meetings he presides over.
8.2.5 The Treasurer
The Treasurer shall be the National Secretary for finance and resource mobilisation
22.214.171.124 He/she shall see to the collection, centralization, safe keeping and proper expenditure of all funds of the Party.
126.96.36.199 He/she shall ensure that accurate records of all moneys of ZAPU are kept by Branches, DistrictsProvinces and Regions or any other individuals authorized to keep or use money belonging to the party.
188.8.131.52 The Central Account of all ZAPU funds shall be called ZAPU NATIONAL ACCOUNT and shall be opened by the Secretary General for the Treasury and Resource Mobilisation with a bank or financial establishment selected by the National Executive Committee.
184.108.40.206 But for the National Executive Committee through the Secretary General for the Treasury and Resource Mobilisation, no member, branch, or any organ of ZAPU shall open an account with any bank or any financial institution for keeping of any funds of ZAPU, save where specifically authorised in writing by the Secretary General for the Treasury and Resource Mobilisation.
220.127.116.11 He/she shall have unrestricted access to all records of ZAPU funds kept by anyone, anywhere, whenever he/she deems it fit in the course of duty.
18.104.22.168 Any amount of money belonging to the Party held by an individual, Branch, District, Province, Region or any other organ of ZAPU shall be transmitted to the National Account in such manner as shall be determined in writing only by the Secretary General for the Treasury and Resource Mobilisation.
22.214.171.124 Funds of the Party shall be raised by:-
· Joining fees
· Social functions such as concerts etc.
· Collections at public gatherings
· Purchase and sale of articles or goods of whatever description permitted by law.
· And other lawful means authorized by this official.
126.96.36.199 This official shall, from time to time, issue directives and regulations governing the collection, transmission and expenditure of ZAPU funds. These shall be binding on every member, branch or any other organ of ZAPU; and it shall be a gross breach of discipline for any member, any branch or any other organ of ZAPU to modify or attempt to modify in any manner the directive or regulations so made.
8.2.6 The National Secretary for Publicity, Information and Marketing
188.8.131.52 The National Secretary for Publicity and Information shall see to the propagation of Party policies and activities by way of illustrated pamphlets, newspapers, visual aids, information sheets, through the internet or any form of publication which shall be circulated as widely as possible.
184.108.40.206 The Secretary for Publicity shall always be vigilant against the dissemination of false, distorted or harmful propaganda against the Party either by individuals or by irresponsible organizations or by the hostile press or on the internet. It shall be the Secretary's duty to counteract promptly any such propaganda.
220.127.116.11 The Secretary shall have access to all records of all organs of the Party and materials appertaining to the Party for the information of anyone who seeks to know.
18.104.22.168 The Secretary shall be the chief Party spokesperson and shall ordinarily communicate with the media except in sensitive issues where he/she must consult the NEC.
8.2.7 The National Secretary for Education, Welfare, and Health
Shall supervise, oversee and formulate the Party's policies in these areas, reporting to the NEC.
8.2.8 The National Secretary for Economic Development
Shall, reporting to the National Executive Council implement and supervise the programmes and policies of the Party on the economy and development.
8.2.9 The Secretary for International Relations
22.214.171.124 The Secretary shall ensure the utmost mutual co-operation between ZAPU and all other Pan-African movements and international institutions, organisations and governments that share the values of the Party.
126.96.36.199 The Secretary shall also ensure co-operation between ZAPU and other movements that foster Pan-Africanism and positive global values.
188.8.131.52 The Secretary shall seek factual information and study the nature of movements and governments all over Africa and the whole world so as to enable ZAPU to distinguish between genuine progressive ones as against disguised from hostile forces.
184.108.40.206 The Secretary shall constantly inform foreign countries of the true conditions in Zimbabwe and also of the policies of ZAPU.
220.127.116.11 The Secretary shall assess the attitudes of foreign countries towards the interests of Zimbabwe and its people to enable ZAPU to distinguish between friend and foe.
8.2.10 The Secretary for Security
The secretary shall ensure that the Party is secure from internal and external enemies, monitor discipline within the Party and liaise with the appropriate organs of the State for the protection of the Party and its members.
8.2.11 The Secretary for Special and Legal Affairs
The secretary shall perform such duties as shall be assigned by the National Chairperson/ President or Deputy President and shall report to those offices of the Party. The secretary for Special Affairs shall also perform tasks assigned by the National Executive Committee or the People's Council in which case that secretary shall report to those bodies. In the execution of such duties such Secretary shall have to appoint committees and officials for the efficient running of the office, and shall be an ex-officio member of ad hoc and standing committees of the Party and shall have the right to access all Party documents. The Secretary for Special and Legal Affairs shall be the main legal advisor of the Party and its spokes person on matters legal.
8.2.11 The Secretary for Culture, Spiritual, and Traditional Affairs
The secretary shall help formulate, implement, and oversee Party policy in these matters.
8.2.12 The remaining members shall perform such functions as shall be assigned to them by the NEC.
9. The National People's Council
9.1 This body shall be the next in seniority to the National People's Congress. The National People's Council shall consist of the following:
9.1.1 All members of the National Executive Committee
9.1.2 Ten members from each of the Party Provinces nominated by them and approved by Congress.
9.1.3 In the spirit of gender representation a third of directly elected members shall wherever possible be women.
9.2 The NP Council shall meet twice a year or at such intervals as the NEC may from time to time decide.
9.3 Members of the NP Council, other than ex-officio members, shall hold office for five years and shall be eligible for re election.
9.4 The NP Council shall elect among members of the National Council of Elders, 5 people to serve as the National Disciplinary committee, one of whom shall wherever possible be a lawyer.
9.5 The NP Council shall elect 5 people as members of the elections committee. The persons so elected need not be members of the NP Council.
9.6 The NP Council shall approve or reject nominations for candidates for local government, regional government and national government elections submitted to it by the provinces , after having due regard to all the circumstances. However, if the NP Council rejects a candidate, it must refer the matter back to the province that nominated the rejected candidate for the province to nominate a replacement candidate.
9.7 The NP Council shall implement the policies of the Party.
9.8 Where there is a dispute on the interpretation of a rule, clause or policy, the NP Council shall be the final arbiter on the matter.
9.9 The NP Council may, after having due regard to the performance of a member and the interests of the Party and the laws of the country, recall a member who has been deployed in whatever office. Any person who refuses to obey an order of recall shall be considered automatically expelled from the Party.
9.10 The NP Council may appoint sub committees to advise it on policy development or on any matter.
9.11 The sub committees shall be chaired by members of the NP Council.
9.12 The chairperson of the sub committee may invite any member of the Party, having regard to the person's expertise, to be a member of the sub committee.
9.13 The sub committees are organs of the NP Council and thus account to the NP Council.
10. THE PEOPLE'S CONGRESS
10.1 The People's congress shall be the supreme organ of ZAPU.
10.2 It shall comprise of the following voting delegates:
10.2.1 Funds and resources permitting, 80 per cent of the voting delegates shall come from branches which shall be represented by elected delegates. The number of elected delegates shall be in proportion to the number of paid up members.
10.2.2 5 per cent of the voting delegates shall come from the ZAWU.
10.2.3 5% of the voting delegates shall be allocated to the Youth Front.
10.2.4 15% of the voting delegate shall be allocated to the Council Elders.
10.2.5 All members of the NP Council shall be full participants and shall have voting powers.
10.2.6 The chairperson and secretary of each province shall be full participants in the congress with full voting powers.
10.3 The NP Council may in its own discretion invite any person, organisation or Party to participate in the congress as a non voting delegate or observer.
10.4 The national Chairperson of the Council of Elders shall chair the congress.
10.5 Nominations for the positions of persons in the National Executive Committee shall come from provinces in accordance with the provisions of this constitution. However a person may be nominated from the floor of the congress provided 25 per cent of the delegates present support the nomination.
10.6 All persons nominated in terms of paragraph 10.5 above shall be required to sign to indicate their acceptance of the nomination by signing acceptance forms which shall be provided to them by the Secretary General.
10.7 The elections shall be conducted by the elections committee selected by the NEC from the Council of Elders and voting shall be by secret ballot.
10.8 The Congress shall deliberate on any business brought before it.
10.9 The Congress shall determine its own procedure.
10.10 The NEC may call for a special congress.
10.11 50 per cent of the branches may call upon the Secretary General to convene a special congress.
10.12 Decisions of the congress shall be by a simple majority or by a show of hands. However, if there is a contentious issue, a third of the delegates may call for the matter to be decided by ballot.
10.13 Only congress can dissolve ZAPU.
10.14 The President shall give a comprehensive report to congress on the state of the Party and the nation.
10.15 The treasurer shall give a report to congress on the state of the Party finances including an income and expenditure statement and an external auditor's report if necessary or required.
10.16 The Secretary General shall give a comprehensive report on the state of the Party's administration.
10.17 Provincial chairpersons may be required to give a report on the state of their provinces.
10.18 Congress shall determine the policy and programmes of the Party.
10.19 Congress shall have the power to ratify, rescind or alter any decisions of any organ of the Party.
10.20 The Party shall, except where otherwise provided in this Constitution, meet in National Congress once every five years.
11 ADMINISTRATION OF ZAPU
11.1 To ensue the efficient administration of all organs of ZAPU the NEC shall appoint the following persons on either full time or part time basis including appointments of directors and officers of departments.
11.2 The political head of administration shall be the Secretary General.
11.3 The NEC shall appoint the following, or any other executive managers, who shall in addition to their professional knowledge, education and experience be members of ZAPU:
11.4 Regional Coordinators for the Northen and Southern Regions. The Northern Region shall comprise Harare, Mashonaland West, Mashonaland Central, Mashonaland East, and Manicaland Provinces while the Southern Region shall comprise Matabeleland South and Matabeleland North, Bulawayo, Mashingo,and MidlandsProvinces and there shall the regional coordinators with, under them, the following directors:
11.4.1 The Director of Administration
11.4.2 The Director of Finance
11.4.3 The Director of Human Resources
11.4.4 The Director of Mobilization/Organization
11.4.5 The Director of ZAPU Enterprises and Properties.
11.4.6 The Director of Publicity, Information and Marketing
11.4.7 The Director of Security
11.5 The NEC in consultation with management may from time to time change the structure and organisation of the administration as it sees fit.
11.6 All provinces shall establish offices from where the administration of ZAPU shall take place.
11.7 The political head of administration of the province shall be the Provincial Secretary.
11.8 The Provincial Executive Committee shall in consultation with the Director of Administration appoint any such professional persons as full time or part time employees to assist in the administration of the province.
11.9 Districts and branches may, funds permitting, open offices from where the administration of the district or branch concerned shall take place.
11.10 The secretary of the district or branch concerned shall be the political head of the administration of the structure concerned. The district or branch concerned may appoint full time or part time employees to assist in the administration of the structure concerned.
11.11 Any other organ of the Party shall have similar powers of appointment and all such appointments shall have to be approved by the NEC.
12 ELECTIONS COMMITTEE
12.1 The NEC shall appoint not less than 5 people from the Council of Elders to form the Elections Committee. Nominations for appointment to the committee shall come from the provinces.
12.2 The committee shall elect one of their own as chairperson.
12.3 The Elections Committee shall be responsible for the preparation and conduct of elections at the congress.
12.4 The Elections Committee shall receive nominations from the Secretary General and prepare a ballot.
12.5 The Committee shall prepare ballot boxes and supervise the election.
12.6 The Committee shall further be responsible for organising and supervising the counting of votes and announcement of results to the congress.
ARTICLE 8: DISCIPLINE
1. All matters of discipline shall be governed by Part 2 Appendixes A, B and C to the First Schedule hereto.
2. All members must abide by the constitution, rules and regulations of the Party.
3. Without limiting the range of offences that may be committed by a member, the following conduct shall be regarded as a serious offence:
3.1 disrupting properly constituted Party meetings.
3.2 creating divisions within the Party.
3.3 being convicted of a criminal offence and sentenced to imprisonment without the option for a fine for a period exceeding twelve months.
3.4 misappropriation of the funds or property of the Party.
3.5 bringing the Party into disrepute by conducting oneself in an unbecoming manner.
3.6 joining another organisation or supporting another organisation or party that is hostile to the interests of the Party
3.7 engaging in any acts of corruption
3.8 fighting or engaging in any acts of violence whether directly or through the agency of others, except in self defence or in defence of the Party.
3.9 gross insubordination or refusal to carry out lawful instructions.
3.10 engaging in sexual and physical abuse of women and children.
3.11 making a statement or giving information on Party matters to any form of media directly or indirectly without written authority of the appropriate organ or official of the Party.
3.12 engaging in any conduct resulting in or calculated to damage to the Party in its image or reputation.
4. Disciplinary proceedings shall be conducted at the level where the offence took place, namely the branch, district, region or province or at any higher level.
5. Where the offence is regarded as serious the matter may be heard by the National Disciplinary Committee sitting as a tribunal of first instance, or referred to it from a lower Disciplinary Committee.
6. The chairperson of the disciplinary committee shall provide any person facing a disciplinary hearing a written statement containing the details of the alleged offence committed and any evidence that may be adduced during the hearing at least one week before the full hearing where this is possible.
7. The person facing a hearing shall be afforded reasonable opportunity to prepare for the hearing.
8. No legal practitioners are allowed to represent any person facing a disciplinary hearing. A person may however be assisted by another member of the Party to conduct his or her defence, whether such member is a legal practitioner or not.
9. While the proceedings shall be conducted in an informal manner, the principles of natural justice shall be observed and every person shall have the right to state their case and fully articulate their defence.
10. The rules of admissibility of evidence shall not apply.
11. Upon conclusion of the hearing, the disciplinary committee shall promptly deliver its verdict. No decision may be reserved for more than two months.
12. Penalties that may be imposed on a member include suspension, payment of compensation, performance of a given task and expulsion with or without dishonour.
13. Any person aggrieved by the decision of a disciplinary hearing may appeal to the next higher organ of the Party within areasonable time, but not after more than three months of being aware of the decision.
14. The national Disciplinary Committee shall be the final arbiter and its decisions are final. However, if the National Disciplinary Committee is sitting as a tribunal of first instance the NEC shall be the final arbiter in such a matter.
15. Having regard to the seriousness of the charge, the Provincial Disciplinary committee and the national Disciplinary committee may summarily suspend a member pending the institution and finalisation of disciplinary proceedings against the member concerned,.
16. The temporary suspension shall lapse if disciplinary proceedings are not brought against the member within 6 months of the date of suspension.
17. Decisions of disciplinary hearings shall not be publicly announced unless the decision is expulsion with dishonour or the NEC so directs.
18. All disciplinary proceedings shall be held in camera and are not open to the general public or the media.
19. No member of the party shall take the Party to court except by leave of the NEC, which leave shall not be unreasonably refused, provided that the affected member may bring the unreasonableness of the refusal to the High Court on review.
20. Where these provisions conflict with those in Appendices "A", "B", or "C" hereof, those in the Appendices shall prevail.
ARTICLE 9: AMMENDMENTS
1. Amendments to the constitution shall be effected only by a two thirds majority of delegates to the congress.
2. Notices of amendment shall be forwarded to the Secretary General at least a month before Congress and shall be circulated to all provinces at least two weeks before the start of Congress.
ARTICLE 10: GENDER & SPECIAL GROUPS POLICY
1. ZAPU shall endeavour to ensue that women are included in the decision making structures of the Party. In this regard the Party shall wherever possible reserve a quota of 30 per cent for women in all decision making structures of the Party. Special and vulnerable groups shall receive special consideration and shall as far as possible, be represented by one, some, or all of their kind.
ARTICLE 11: AD HOC COMMITTEES
1. The National Executive Committee shall have the power to appoint such ad hoc committees as it may, from time to time, consider appropriate and shall retain the power to change or to dissolve such committees at its sole discretion.
2. The Inter Regional Council and Regional Council, the Provincial Council, and the District and Branch Executive Committees shall have the same power as the NEC in areas under their respective jurisdictions.
ARTICLE 12: DISSOLUTION
1. Save as many be provided by any valid law, The Party may be dissolved by an affirmative vote of at least two thirds majority of members present and voting at a properly constituted and quorute National Congress called for the purpose, which body will determine the disposal of the Party's assets.
ARTICLE 12 A: TRANSITIONAL PROVISIONS
This amended Constitution shall govern the affairs of the Party between the first extra- ordinary Congress and the Elective Congress where it shall be formally adopted and its ratification shall be retrospective to that date.
The period of three months for confirmation of applications for party membership shall commence to run on the first day of the month following the adoption of this Constitution by the National People's Congress, that is to say on the 1st day of September, 2010.
ARTICLE 14: GENERAL
1. Alternate Office bearers shall perform the functions assigned to substantive office bearers but shall be subordinate to substantive office bearers in executing the functions of their office.
2. Each office bearer shall not occupy the same post for a period in excess of two terms of five years per term, provided that an office bearer may be elected to higher office.
3. It is a requirement that once elected to office in National, Regional/ Provincial Government or local authority office, a Party office bearer automatically relinquishes his party post and has to be replaced. Such Party official continues to be a member of the Party and may serve up to the position of Committee Member in the Council of Elders, Youth Front, or ZAWU or main wing at any level. Once such Party official's term of office in government ends, such official is eligible for election into a substantive Party post. For the duration of such official's unavailability to hold substantive office in the Party, the official is required to report to the Party and to avail himself/herself to the Party in an advisory capacity.
4. Any amendments to this Constitution between Congresses shall be of full force and effect pending ratification by Congress if made by the National Executive Committee and approved by the National People's Council.
5. The National Executive Committee shall have power to make such regulations as it shall deem proper for the proper and efficient running of the Party.
6. The Constitutions of the Zimbabwe African Women's Union (ZAWU) and the ZAPU Youth Front (ZAPUYF) shall, once adopted by the respective wings and approved in a joint sitting of the National Council of Elders and the National People's Council, form part of this Constitution as Chapter Three and Chapter Four, respectively.
Part 1: Party Symbol
Part 2: Party Flag
ZIMBABWE AFRICAN PEOPLE UNION (ZAPU)
RULES AND REGULATIONS
i) ZAPU is a voluntary Union of people with the same political beliefs, binding themselves by one Constitution and subject to punishment for transgression of the laws of the Union. As soon as a member of the Union finds that he/she; is no longer able to agree with the basic policy of the Union, he/she is in conscience bound to resign, but if such a member does not resign and offends against the constitution, Rules, Regulations or instructions of the Union, he/she shall be subject to disciplinary action by ZAPU.
ii) There shall be a National Disciplinary committee elected by the Council of Elders from among its members to handle all matters of discipline referred to it by the National Executive, or appeals brought before it by individual members of the Party, Members of the National Executive shall not be eligible for appointment to the National Disciplinary Committee.
iii) Offences against ZAPU shall be dealt with in accordance with the Rules and Regulations of the Party.
i) Decisions of all organs of ZAPU shall be by simple majority vote of, at least the quorum required for the meeting in accordance with the provisions of this Constitution except where it provided for a special majority.
ii) Decisions arrived at by majority vote at a duly constituted meeting of ZAPU shall be binding on every member of ZAPU including the minority that disagree with the decision.
iii) Decisions of all organs of ZAPU, except those of the Peoples congress, are subject to appeal in accordance with the Rules and Regulations of the Union.
In the event of any question as to interpretation of any of the provisions of this Constitution, the question shall be referred to the National President in Council for determination, and the National President`s decision in Council
shall be final binding upon all members.
iv) Only the National Executive and the People`s Council shall have power to make Rules and Regulations for ZAPU.
v) No person shall use the title, name of symbol of ZAPU for purpose of personal gain by way of trade or other-wise without prior consent of ZAPU.
vi) No member or official shall obtain anything of value from anyone in the name of ZAPU without authorization by the Union.
vii) Any person infringing Regulations (ii) and (iii) immediately preceding shall be liable to legal action and/or boycott by ZAPU of merchandise or goods affected.
viii) Branches shall treat with Headquarters on all matters through the District Council, except on such matters as shall be laid down by the National Executive in writing. It shall be an offence for a branch to by-pass this procedure.
3. DISCIPLINARY ACTION
A. i) Discipline shall be strictly enforced within ZAPU and any member who commits an offence against the Union shall be liable to disciplinary action.
ii) Offences against ZAPU shall be:
1. Flouting any of the provisions of the Constitution, e.g. assuming office to which one was not elected or appointed;
2. Flouting the Rules and Regulations of ZAPU;
3. Acting in a manner likely to bring the name of ZAPU into ridicule and/or contempt;
4. Flouting constitutional ruling of the organs of ZAPU, e.g. those of the National Executive;
5. Plotting against ZAPU;
6. Being drunk before attending or during the progress of a meeting of ZAPU;
7. Carrying on fraudulent or dishonest practice which tends to embarrass or disgrace ZAPU, or participating in bribery of corruption;
8. Giving out confidential information of ZAPU without the authority of ZAPU;
9. Acting as an agent in the interests of imperialists and hostile forces in an attempt to defeat or divert the gains of the liberation struggle or genuine Pan-Africanism, e.g. being an informer, encouraging tribalism, etc;
10. Propagating false information tending to injure the reputation of ZAPU or any of its officers;
11. Giving wrong information to any organ of ZAPU, or officials with intent to deceive or mislead;
12. Defrauding ZAPU or any of its officers of officials;
13. Using indecent language or expression at meetings of ZAPU;
14. Irregularities in attending ZAPU meetings;
15. Publishing or causing to be published any unauthorized matter which is calculated to affect adversely the reputation of ZAPU, its officers or another member of ZAPU;
16. Any member of ZAPU elected to any office of ZAPU or who is an official of ZAPU who fails to attend three consecutive meetings of the duty to which he is assigned, after having been duly informed, shall be subject to disciplinary action if no convincing reason is forwarded to the organ concerned.
i) The following punishment may be inflicted by ZAPU to discipline its members, and the form of punishment adopted shall depend on the seriousness of the particular case:
3. Removal from office
Constitution of the Council of Elders
Constitution of ZAWU
Constitution of the ZAPU Youth Front