1. Name and Emblem

1.1.      The name of the party shall be “South African Business Party” (“Party”). The name shall not be translated and the abbreviation “SABP” shall be used in all official languages of South Africa.

1.2.      The emblem (“Emblem”) of the Party shall be:

2. Registered Office & Contact Details

The Registered Office and National Office of the Party shall be in Cape Town at:

South African Business Party

1 Oak Court

Caledon Street

Somerset West

7130
or such other office as the National Executive Committee (“NEC”) may from time to time decide.

The contact details of the Party shall be:

Telephone numbers:

0861BUSINESS  or

0861 287 463  or

021 852 4444

Fax numbers:

0860 100 851  or

021 851 7805  or

021 852 8005

Email addresses:

info@businessparty.co.za

claire@businessparty.co.za

join@businessparty.co.za

membercare@businessparty.co.za

or such other details the NEC may from time to time decide.

3. Aim

The Party shall strive to protect the constitutional rights of all South Africans, to promote harmony amongst all the people of South Africa, and to lobby for appropriate improvements to the constitution of South Africa.

4. Objects

The objects of the Party shall include:

4.1. Promoting a culture of consultation with communities in order to create mutual responsibility for good and balanced governance as against imposing its will on the people.

4.2. Engaging in non-violent conflict resolution at all levels as the process by which social responsibility and appropriate decision-making will be implemented.

4.3. Maintaining registration as a political party with the Electoral Commission under the appropriate legislation with the name of “South African Business Party” whose constitution shall be this document (“Constitution”).

4.4. Doing all such things political or otherwise as are incidental or conducive to the attainment of the above objects and aim.

5. Vision

South Africa (“Country”) is a country in which all its people can have the opportunity to work, play, be healthy, educated, informed, be mannerful, respecting human life and personal privacy, and be encouraged to become self-supporting and to acquire wealth through the proper creation of business activities.

6. Mission

The Party exists to bring about the necessary change and improvement in all aspects of the lives of all South Africans, including the poor; to help business to improve its performance and productivity and in so doing to better contribute to the advancement of South African society; to respect and honour the rights of all citizens of South Africa, and not to profess such behaviour and on the other hand deviously devise legislation which contradicts it; self-seeking, complacancy, job ignorance, laziness, corruption and the like will not be tolerated.

7. Core values

The fundamental values upon which the Party is based are:

7.1. The intrinsic value and equality of all human beings;

7.2. The right of every South African citizen (“Citizen”) to:

       7.2.1. Work;

       7.2.2. Shelter;

       7.2.3. Food;

       7.2.4. Education;

       7.2.5. Health;

       7.2.6. Worship;

       7.2.7. Business Opportunities;

       7.2.8. Other rights for the Citizen’s advancement;

7.3. The responsibility of every Citizen:

       7.3.1. To respect others;

       7.3.2. To be honest and fair;

       7.3.3. To self control;

       7.3.4. Not to murder;

       7.3.5. Not to rape;

       7.3.6. Not to abuse others, physically or emotionally;

       7.3.7. Not to steal;

       7.3.8. Not to harm others, physically or emotionally;

       7.3.9. To respect and handle the Country’s resources wisely;

       7.3.10. To birth control;

       7.3.11. To environmental protection;

       7.3.12. To neighbourly assistance;

       7.3.13. To other responsibilities for the advancement of other Citizens;

8. Status, Legal Personality and Powers

The Party shall be a body corporate with perpetual succession and shall be capable of suing and being sued in its own name. The Leader of the Party (“Leader”) shall be the Founder of the Party, being the initial signatory of this Constitution. The Leader or the Chairperson of the NEC, as the case may be, shall be the representative of the Party in the event of legal action. This authority may be delegated to any member of the Party in consultation with the Leader and Chairperson and the NEC and shall be in writing.

9. Policy

The highest policy-making body of the Party shall be the National Conference in session (“Conference”). All proposals affecting policy shall first be submitted to the Policy Committee for approval in its sole discretion, before it can be debated at Conference.

10. Membership

10.1. Membership shall be open to all Citizens who:

10.1.1 Subscribe to the aim, objects, vision, mission, core values, principles, policies and other regulations of the Party;

10.1.2. Undertake to abide by the Constitution of the Party;

10.1.3. Pays the prescribed annual membership fees; and

10.1.4. Is not a current member of any other political party.

10.2. Membership of the Party is valid for one year, as from date of admission to the Party.

10.3. The date of approval of membership and subject to payment of membership fees, is deemed the date of admission.

10.4. Membership of the Party must be renewed annually by payment of the required membership fee.

10.5. A Member of the Party shall be provided with a membership card.

10.6. Membership shall be of the smallest appropriate Group and all members shall belong at provincial and national level.

10.7. A register of Group members shall be maintained at the Registered Office, which shall contain the names and addresses and I.D. numbers of current financial members. Province Groups will be entitled to the careful and inhouse use of their own members list for the furtherance of the Party’s aim, objects, etc.

10.8. Membership of the Party shall make members eligible to vote on the business of the Party at Group or electorate level and to be delegates to provincial meetings and Conferences and to hold office within the Party.

10.9. Application for membership shall be in writing.

10.10. In special circumstances, the NEC may grant membership to persons who do not qualify in terms of sub-paragraph 10.1.

10.11. A Constituency Committee has the right to grant or refuse membership to any applicant and is not obliged to give reasons for its decision. If there is no Constituency Committee, this function shall be exercised by the Regional Executive Committee concerned.

10.12. A person who has been refused membership has the right to appeal to the NEC. Any decision taken by the NEC shall be final and there shall be no further right of appeal.

10.13. The NEC may at any time suspend or terminate the membership of any person provided that this is done in accordance with the principles of natural justice. This right shall not interfere with the power of the Leader/Chairman of the Party when acting in terms of this Constitution in relation to the suspension or termination of any person’s membership.

10.14. A person ceases to be a member when:

10.14.1. that person has handed in the person’s written resignation and it is received by the NEC either directly or through the Membership Secretary; or

10.14.2. the person has openly or publicly declared the person’s resignation, or

10.14.3. the person’s membership has been suspended or terminated in terms of this Constitution, or

10.14.4. the person can no longer be traced after a absence of one year from the activities of the Party, provided that the person shall be automatically reinstated if the person is traced and the person’s membership was not terminated in terms of any other provision of this Constitution, or

10.14.5. the person dies;

10.14.6. the person has not paid their membership subscription during the period of one full Party financial year; or

10.14.7. the person joins another political party.

11. Groups

11.1. The group is the basic organisational unit of the Party. A group (“Group”) is a collection of persons which has sufficient sense of identity and community to be able to work together to achieve the aims of the Party.

11.2. The minimum number for a group shall be eight (8) Members.

11.3. Groups shall keep their Provinces and the National Office informed of their existence, contact details, and names, and the names and account numbers of their bank accounts. No bank account shall be operated in the name of the Party without the written authorisation of the NEC. No bank account shall have overdraft facilities unless authorised in writing by the NEC.

11.4. The internal organisation of the Group is the responsibility of the Group membership, provided always that the highest authority in the Group shall be the Group membership in a duly constituted Group meeting.

11.5. Group funds will be all money received by a Group.

11.6. In entering any contract, undertaking any legal proceedings, or taking any other action, Groups shall not hold themselves out or represent themselves as acting with the authority of the Party without the written authorisation of the NEC.

11.7. A group may elect a Group Leader who shall act as chairperson at all Group meetings. Larger Groups may have more officials.

11.8. There may be more than one Group in a Province, save that the establishment of Groups shall as far as possible conform to the municipal boundaries applicable to Local Government elections.

11.9. Any dispute regarding the existence or the formation of a Group shall be referred to the Leader of the Party for a directive. If the dispute is still not settled it shall be dealt with by the NEC whose decision shall be final.

12. Provinces

12.1. A Province is a collection of Groups which has sufficient sense of territorial identity to be able to work together to achieve the aims and objects of the Party. These Provinces, depending on local interests and natural geographical boundaries, shall not materially deviate from the boundaries provided for in the Constitution of the Republic of South Africa.

12.2. The main function of a Province shall be:

12.2.1. The co-ordination of the Province’s Groups; and

12.2.2. To elect Provincial Secretaries, Policy Convenors, and other positions as required.

12.3. Any aggregation of Groups for the purpose of provincial organisation must be approved by the NEC and ratified by Conference before it takes effect for the purposes of this Constitution. In the case of an unresolved dispute as to which areas should be in which Province the matter shall be determined by the NEC.

12.4. All Groups must form part of a provincial organisation.

12.5. The internal organisation of the Party at the provincial level shall be the responsibility of the Groups which constitute the Province, if each Province shall have at least the following officeholders:

12.5.1. Provincial Leader who shall also be Chairperson;

12.5.2. Provincial Secretary;

12.5.3. Provincial Treasurer; and

12.5.4. Provincial Convenor

12.6. Except in unusual cases, the smallest Province shall include at least three Groups and not less than 30 persons.

12.7. Provinces containing at least three Groups and not less than 300 Members shall be entitled to appoint one member to the NEC. Provinces containing an equivalent of double or more Groups and Members shall be entitled to appoint two Members to the NEC. Where Provinces appoint two Members it will normally be expected that one is male and the other female.

13. Annual Conference and General Meetings

13.1. The annual Conference (“Annual Conference”) shall be considered the supreme body of the Party and sets the political direction of the Party.

13.2. The Annual Conference shall include the Annual General Meeting (“AGM”) of the membership, shall be held within six (6) months of the end of the financial year, and shall be held at such time and place as may be designated by the NEC.

13.3. The time and place of the Annual Conference shall be notified to all Groups not less than one (1) calendar month before such meeting is to be held.

13.4. The Annual General Meeting will:

13.4.1. Elect officers as provided for by this Constitution;

13.4.2. Receive the Annual Financial Statements (“AFSs”) of the Party for the previous financial year;

13.4.3. Provide a forum for the consideration of remits not inconsistent with the Party’s Standing Orders or the Constitution.

13.5. A Special General Meeting (“SGM”) at which the Standing Orders shall apply may be called by the NEC.

13.6. The time, place, and purpose of any SGM shall be notified to all Groups not less than seven (7) days before such meeting is to be held. Only matters notified in the agenda shall be considered at the SGM.

13.7. A quorum shall be half of those entitled to vote at any Conference or SGM on that day, if at least 50 per cent of the eligible persons are represented at the meeting.

13.8. Representation by proxy shall not be permitted.

13.9. Conference and SGMs shall be open to all current financial members who have paid the appropriate registration fee.

13.10. Conference and SGMs shall, except where they decide otherwise, also be open to the public and the media as non-participating observers.

13.11. The business and procedures of Conference and SGMs shall be governed by the Standing Orders, which shall include procedures for decision making.

14. National Executive Committee

14.1. The NEC shall be considered the Party’s administrative body, responsible for the day to day overall administration of the Party, instructed by and answerable to the membership, Provinces and Conference. The NEC will act in a manner consistent with this Constitution and with the will of the Party as expressed through Conference and Special General Meetings and any agreement between Caucus and NEC.

14.2. The NEC shall consist of:

14.2.1 the Leader of the Party who shall also be the National Chairperson;

14.2.2. the Convenor of each Province;

14.2.3. the Chairperson of the Province bodies as a whole, its General Secretary and its Treasurer;

14.2.4. Any other NEC positions created by the NEC;

14.2.5. people co-opted by the NEC from outside the NEC - such co-opted persons shall have a time limit placed on their term of service at the time of appointment;

14.2.6. The persons referred to in paragraph 12.7.

14.2.7. A National Policy Convenor.

14.3. Removal and Replacement of NEC:

14.3.1. The NEC may remove people from NEC positions on an interim basis until the next Conference provided 75% of the NEC members agree to do so.

14.3.2. The NEC, calling for nominations from the Provinces, may fill any vacancy on the NEC.

14.3.3. The NEC may determine whether any position filled by Conference that becomes vacant shall be filled by:

14.3.3.1. An SGM; or

14.3.3.2. The next highest polling candidate of appropriate gender at the previous election.

14.4. The NEC shall, subject to the direction of the Party in Conference and SGMs, be the administrative body in all matters connected with the affairs of the Party, excluding policy, and shall pursue the objects and protect the interests of the Party, and, without limiting the scope of its powers, shall have authority to:

14.4.1. Borrow or raise money from time to time with or without security and upon such terms as to priority or otherwise as the NEC thinks fit;

14.4.2. Exercise any other lawful powers not inconsistent with this Constitution or the decisions of Conference as made from time to time; and

14.4.3. Appoint such working groups from the membership, as it considers necessary for the efficient administration of the Party’s affairs.

14.4.4. Delegate any of its powers and duties to any such committee or to any person. The committee or person may without confirmation by the NEC exercise or perform the delegated powers or duties in the same way and with the same effect as the NEC could itself have done.

14.4.4.1. Any committee or person to whom the Party/NEC has delegated powers or duties will be bound by the Standing Orders and Constitution of the Party and any terms or conditions of the delegation set by the NEC;

14.4.4.2. The Party/NEC will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the NEC;

14.5. Job descriptions for all Party officers (which may include guidelines and objectives) may be provided by the NEC and adopted by either NEC or Conference.

14.6. The NEC shall meet whenever it is scheduled by the NEC or whenever a minimum of three Provincial Secretaries in consultation with the Party Leader agree to call a NEC meeting in which case the meeting will be held within 30 days of its being called. Notice of NEC meetings and telephone conferences shall be given to all NEC members.

14.7. The NEC may declare a meeting closed to all persons other than NEC members where to do otherwise would put at risk the privacy of an individual or seriously prejudice the interests of the Party.

14.8. The quorum for the NEC shall consist of 75% of the representatives and 75% of the Provinces eligible and present.

15. Candidate Selection for Public Office

15.1. The NEC shall determine procedures for the selection and approval of candidates for public office including the ordering of the Party List.

15.2. Approved Party candidates for any public office must sign and agree to abide by a contract made between themselves and the NEC on the agreed basis by which they go forward as candidates.

15.3. This agreement shall contain (but without limiting the terms of the agreements):

15.3.1. An undertaking to uphold and abide by the Constitution of the Party;

15.3.2. An undertaking to promote and abide by the ratified policy of the Party;

15.3.3. The facility to state specific objections to ratified policy which candidates cannot in good conscience support;

15.3.4. The position concerning leaving the Party; and

15.3.5. Grievance and disciplinary measures.

15.4. Candidate selection committees will ensure strict conflict of interest policies are established and complied with for the candidate selection processes, to ensure neither selection panel members nor prospective candidates improperly influence the selection process.

16. Consensus Decision Making

16.1. All decisions by any Group, Province, General Meeting, NEC, Caucus, Executive Working Group or any other body overseen by the Party shall be made by consensus. This means by the agreement of most participants, with dissenters and abstainees agreeing to recognise the majority opinion as being the final decision.

16.2. If consensus on a motion is not achieved after reasonable attempts, a vote can be taken. A motion shall be carried with a 75% majority of the votes cast. Those who do not agree with the decision may have their objections included in any minutes recorded.

17. Coordination

The Provincial Leaders and Convenors, and Policy Convenors are jointly responsible for ensuring effective co-ordination and communication between the Party Leader, NEC, Policy Committee, and Caucus.

18. Policy Committee

18.1. The Policy Committee shall be the Party’s policy-making body, responsible for the development and ratification of Party policy and policy processes.
18.2. The Policy Committee shall consist of:

18.2.1. The Leader;

18.2.2. The Policy Convenors of the Provinces;

18.2.3. The Caucus Representative;

18.2.4. The National Convenor;

18.2.5. Such other persons as the Policy Committee may appoint as members or as provided for elsewhere in the Constitution.

18.3. The Policy Committee may appoint such working groups from the membership, as it considers necessary for the efficient administration of the Party’s affairs.

18.3.1. In doing so, it may delegate any of its powers and duties to any such committee or to any person. The committee or person may without confirmation by the Policy Committee exercise or perform the delegated powers or duties in the same way and with the same effect as the Policy Committee could itself have done.

18.3.2. Any committee or person to whom the Policy Committee has delegated powers or duties will be bound by the Constitution of the Party and any terms or conditions of the delegation set by the Policy Committee.

18.3.3. The Policy Committee will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the Policy Committee.

18.3.4. The Policy Committee will act in a manner consistent with the Constitution and with the will of the Party, as expressed through Conference and SGMs and any agreement with Caucus and/or NEC.

19. Caucus

19.1. The role of Caucus is to organise and co-ordinate the Party's parliamentary activities. The Caucus shall exist for the period that the Party has members of Parliament (national or provincial) and/or of local government.

19.2. The Caucus shall comprise:

19.2.1. The Leader of the Party;

19.2.2. All Members of the Party elected as Members of Parliament (“MPs”) or local government;

19.2.3. Any representative of the national Policy Committee or the NEC appointed by those bodies and agreed to by Caucus; and

19.2.4. Such other persons as the Caucus may appoint as members of Caucus or as are provided for in this Constitution.

19.3. The Caucus shall make such rules for its conduct as it sees fit in accordance with the objects of the Party.

19.4. The Leader of the Party and MPs shall be the voting members of Caucus.

19.5. Any Party member may normally attend a Caucus meeting subject to the rules contained in the Party Caucus Agreement.

20. Alterations of Constitution and Standing Orders

20.1. The Constitution and Standing Orders shall not be amended, altered, or rescinded except at Conference or at a SGM of the Party and by a resolution passed by a majority of not less than three fourths of the persons present and entitled to vote.

20.2. The NEC shall give notice to all Groups of the proposed alteration, addition or rescission not less than thirty days prior to the Conference or SGM of the Party at which it is proposed to be moved.

21. Interim Period

It is recognised that from the time of the formation of the Party until subsequent national elections or until practicable, an interim period (“Interim”) will occur in which the full effect and compliance to this Constitution will not be possible. During the Interim, the following provisions shall apply:

21.1. The Leader shall have all the powers and authority pertaining to any committee/body established in terms of this Constitution to the extent that such committee/body has not yet been properly established.

21.2. The authority of all structures created by this Constitution shall vest in the Leader until such structure has been properly established.

21.3. The Leader shall be empowered to take all such steps as may be necessary to further and protect the interests of the Party, which shall include but not be limited to, the signing of all documents of whatever nature.

21.4. Press statements and media announcements and appearances shall be performed by the Leader.

21.5. It shall be the duty of the Leader to call Party meetings and to give proper notice to members. For the purposes of the Interim, verbal, telephonic, fax, email or any other appropriate and acceptable form of notice, shall be sufficient.

21.6. Where the establishment of a proper group or a provincial body is not possible for whatever reason, the member or members involved shall report directly to the Leader who shall advise and give directions.

21.7. Inasmuch as it is necessary, the Leader may delegate any of the powers or authority provided for in this Constitution.

22. Finance

22.1. The Party Leader may open a bank account in the name of the Party and shall have the signing powers on all cheques and other bank documents. In this regard, the Party Leader shall be entitled to receive monies on behalf of the Party and issue cheques, make payments/transfers, and otherwise deal with the funds of the Party as the Party Leader sees fit in accordance with this Constitution.

22.2. The Treasurer shall act at the direction of the NEC. At the first meeting of the NEC following each Annual General Meeting, the NEC will decide by resolution the following:

22.2.1. How money will be received by the Party;

22.2.2. Who will be entitled to produce receipts;

22.2.3. How expenditure commitments will be budgeted for by the Party;

22.2.4. What bank accounts will operate for the ensuing year, including the purposes of and access to accounts;

22.2.5. Who will be allowed to authorise the production of cheques/payment requests and the names of cheque/payment signatories;

22.2.6. Who will be allowed to authorise the ordering of goods and services;

22.2.7. Policy concerning the investment of money by the Party, including what type of investment will be permitted; and

22.2.8. The type and frequency of financial reporting required during the year.

22.3. The NEC may invest surplus funds as it sees fit provided that the investment does not conflict with the objects of the Party.

22.4. A Treasurer’s report must be prepared and all books and records so kept must be completed up to date for presentation at the Annual General Meeting, according to acceptable accounting requirements.

23. Dissolution

23.1. A majority of the members entitled to vote at a SGM of the Party may resolve that the Party be dissolved as from a date to be named in the resolution, and may also in such resolution direct the method of disposing of the assets and property of the Party after its dissolution.

23.2. Upon the resolution being confirmed at a subsequent SGM called for the purpose and held not earlier than thirty days after the date on which the first resolution was passed, the Party shall be dissolved.

23.3. A notice of the resolution and its confirmation shall be sent to all parties and institutions required in law to be notified.

23.4. The property of the Party shall upon dissolution be transferred to such political parties or societies having objects similar to those of the Party within South Africa as the meeting shall determine or in default as may be determined by the High Court on the application of the Party.