THE CONSTITUTION OF THE NEW LABOUR PARTY

THE CONSTITUTION OF THE NEW LABOUR PARTY

PART ONE

SECTION 1

NAME

The Name of the party shall be the “New Labor Party “(hereinafter referred to as the PARTY)

SECTION 2

AIMS AND OBJECTIVES

The aims and objectives of the party shall be

2.1 To uphold and protect the fundamental and in liable right of all people including the primordial rights to life, liberty and personal freedoms.

2.2 To uphold the principles of democratic governance.

2.3 To respect at all times, whether as the party in governance as the opposition, the Fundamental rights of human beings and to campaign for observance and acceptance of fundamental human rights as a universal standard.

2.4 To uphold the inherent dignity of human beings and ensure that people shall not live in fear of their government or of any political party.

2.5 To Safeguard the dignity of workers and work with all trade unions, farmers clubs and any movements or other organizations committed to working for the dignity of workers.

2.6 To promote the establishment of co-operative societies and farmers union or clubs for the purpose of achieving independence for primary producers and to protect their right to Market their produce at the best obtainable market rates.

2.7 To promote and safeguard the fundamental rights of all people irrespective of Race, Creed, Origin, Sex, Religion or other differences and work with other Democratic movements in Africa and elsewhere with a view to achieving The universal recognition and protection of fundamental human rights.

2.8 To forge strong relation and international co-operation and strive for the achievement of a just relation and international community.

SECTION 3

TRUSTEES

3.1 There shall be six trustees of the party chosen by the National Executive Council at its first meeting with the expiration of terms of office as prescribed by resolutions and shall be eligible for re-appointment.

3.2 The freehold, leasehold and other property of the party including all properties of its branches, offices and cash; All cash in hand and monies on current or deposit account in the Bank shall be vested in the trustees of the party.

3.3 All Property of the party for the time being vested by trustees and proceeds of sale and the income then be held on the trustees so far as supplication choreographed by a trustee deed a draft whereof has for identification to by the President and the Secretary General and shall forth execute a deed in the form of that deed.

3.4 So far as possible all freehold and leasehold property hereafter acquired by the Party shall be vested in the land on the trust for sale with power to postpone sale and the proceeds of sale on the trusts declared in the said deed of sale.

3.5 New trustees of the said trustee deed shall be in accordance with the provisions of the said deed.

SECTION 4

ORGANISATION STRUCTURE

Here shall be constitutional organization structures of them as provided for hereunder;

4.1.1 Local Committees

Subject to section 4.7 Local committees of the Party be formed by any group of members in excess of land the presentation of a petition for that purpose district and administrative districts shall be constituted accordingly to form political districts.

The national Executive Council shall through the district committee have control over all the other committees of the party. Subject to any rules which the National Executive Council May promulgate, Local committees shall have the right to adopt their own rules for the better carrying of the objects of the party ,provided the ruled do not ignore the constitution and rules of the party and the National Executive Council.

4.1.2 To appoint party representatives to other organizations to which the party relates.

4.1.3 To establish, co- ordinate and conduct various scheme aimed at stimulating Party activities.

4.1.4 To prepare or cause the preparation of the agenda for and reports to the National Council.

4.1.5 To recommend additional positions and persons for consideration for co-option into any organ of the party.

4.1.6 To authorize the formation of any local committee and/ of the party.

4.1.7 To establish specialized committee (think tanks) on areas of national importance including the consideration of economic, foreign, social, fiscal, National development and legal policy.

5.0 NATIONAL EXECUTIVE COUNCIL

There shall be a National Executive council of the party which shall meet quarterly to:

• Review the activities of the management standing committee.
• Review the effectiveness of the party organs and Political set up.
• Advice the management standing committee on all matters relating to party policies
• Program standing committees on all matters relating to party policies, programs in relation with electorate.
• Direct on all matters affecting the interest and electorate prospects of the party.
• Receive and consider recommendations from the management standing committee on the required disciplinary rules and procedures in the interest of maintaining party unit and effectiveness.
• To approve any appointment to such party offices as the president is empowered by this constitution.
• To create office positions and co-operate membership to fill any vacancy thereby created.

6.0 PUBLIC OFFICES

6.1.1 The public offices of the party shall be set out as hereunder;

NATIONAL EXECUTIVE COUNCIL

6.1.2 There shall be constitutional a national executive council which shall lead by the President, and shall comprise of;

1. Party president

2. Deputy president

3. Deputy President

4. National chairman

5. Secretary General

6 Treasurer General

7. Publicity secretary

8. Deputy Secretary

9. Legal Affairs secretary

10. Political Affairs

11. Internal Affairs secretary

12. Trade & economic

13. Assistant .sec. General (security)

 14. Administrative (Accts)

15. Organizing secretary

16. Vice publicity secretary

17. Vice organizing secretary

18. Vice public secretary

19. Youth Pioneers Secretary

 20. Women Affairs Secretary

21. Deputy Youth Pioneers

22. Deputy Women Affairs Sec

23-35 Committee members’

36-73 District Representative

6.2  SPECIELISED COMMITIES

6.2.1 The National Executive council shall have powers to appoint members to

Constitute the following specialized committees.

1. District chairperson
2. Deputy District chairperson
3. District secretary
4. Vice District secretary
5. District Treasurer
6. Vice District Treasurer
7. Organizing members(12)
8. Vice organizing secretary

. 6.3 CONSTITUENCY COMMITTEES

6.3.1 There shall be constituency committee in every parliamentary constituency boundary which shall comprise of:

Constituency Chairman Deputy Chairman

Political organizer Campaigning manager

Campaign secretary Campaign Treasurer

Women Wing Secretary Youth Wing Secretary

Committee members (4) Organizing secretary

7.0 SECTION MEMBERSHIPS

7.1 The membership of the party shall be open to all persons who agree with its Fundamental values or objectives without discrimination as age, ethic origin, Religion, disabilities or gender.

7.2 The membership shall be through the following enrolling bodies;

• Local committees
• Constituency Committee
• District committees
• Regional Committees
• The National Executive council

7.3 An applicant shall become a member on acceptance by an enrolling body and on payment of the requisite subscription and registration

7.4 Membership may be refused by an enrolling body on one or more of the following

Grounds;

• Material disagreement, evidence by conduct, with the fundamental values and objectives of the party.
• The admission of the applicant would be likely to bring the party into disrepute
• Membership of another political party in Malawi.

7.5 Any person aggravated by such a refusal shall subject to the internal procedure of the Party have the right of appeal.

7.6 Membership shall not be revoked by any of the enrolling of the party on one or more

Of the following grounds.

The grounds set out in section 6.4 relating to admission of no members.

Standing against the duly elected official camp of the party in any parliament or local election

7.7 Membership shall not be evoked unless the member has been notified of the grounds on which revocation is to be and has been given a reasonable opportunity to reply shall be automatically and immediately suspend aggrieved. A revocation is being considered .Any person aggrieved of a revocation shall subject to the internal procedure of the party have a right of appeal

7.8 A register of members shall be maintained by each and every body. A registered member resident outside Malawi shall be maintained by the secretary general. Anybody is entitled to maintain a list of members and/ or may use the list for its other purposes and shall be bound to make such a list available to the Secretary General. Such bodies shall ensure that the contained lists is not disclosed to any person or shall remain for the proper use of the party.

7.9 Membership fees: The party may levy such membership fees from its members as shall from time to time be determined by the Executive council.

7.10 A member shall cease to be a member if;

• The member submits to the national, district committee secretary a duly signed Letter of resignation.
• The member accepts an appointment in another party without the consent of the National Executive council.
• The member publicly renounces membership.

7.11 There shall be no refund of any subscription or purporting thereof upon a member ceasing to be such from the party.

8.0 SECTION: NATIONAL CONFERENCE

8.1 The party president or his appointee (made in consultation with the management standing Committee) shall preside at a conference and, in his or her absence any deputy or any other Member by the National Executive council.

8.2 The business of the first National conference of the party shall be held before the end of December in each year for the following purposes but strictly with the approval of NEC;

To consider, modify and if it thinks fit, ratify the constitution and rules of the party.

To receive the party manifesto from the National Executive council for scrutiny, Amendment, approval or rejection if it is deemed unsatisfactory.

c) To consider and ratify the acts undertaken or carried out by the party from its inception.

8.3 The National conference of the party shall be held before the end of December in

Each year for the following purposes

To initiate, enunciate, review and approval all the policies of the party.

To receive, examine and approve the audited accounts for the period since the previous ordinary session of the National conference.

To consider any such other items as may be referred to by the National conference.

To appoint auditors and fix their remuneration

5)At the appropriate time as provided in this constitution elect the president of the

Party and other national office barriers; and ratify the appointment of trustees of the party including any appointment or co-option made by the National council.

6) To ratify appointment of other committee within the party as and when deemed necessary for specific tasks and the task of reference and reporting procedures of

Such appointments shall be clearly spelt out.

7)To receive regular reports from the National Executive council on the operations of the party.

8)To approve the appointment of the party campaign and electoral committee which

Shall serve for five years and co-ordinate and supervise all elections of officials of the party. The committee shall be eligible for re-appointment.

9) To make, amend and or revise as required the rules for the regulation of affairs

Of the party and;

10) To amend such other business as may be brought before the conference

9.0 SPECIAL SESSION

9.0.1 An emergency meeting of the National Conference may be summoned by the President at any time and shall be made by him if requested to do so by two thirds of the National Executive council.

9.0.2 Delegates

Delegates at the National Conference of the party will be;

1. All members of the National Executive council
2. All ministers who are members of the party.
3. All members of parliament who are members of the council
4. One representative being a member of the parliament constituency in each District.
5. Six office bearers from each recognized district committee.
6. Two (2) representatives from each districts committee.
7. Ten (10) representatives of the following organ the party is; youth, Women’s, farmers clubs, recognized support affiliates group pegged to the registered members.

9.1.0 WOMEN’S CONFERENCE

There shall be a National conference of the Women member party to be organized by The Women’s desk and to be held within the period of 30 days immediately preceding the National conference.

9.2.0 YOUNG DEMOCRATS CONFERENCE

There shall be a national conference of the Youth annually to be held within the period of 30 days immediately after holding of the National conference

10.0 SECTION: ELECTIONS

10.1 Elections for office bearers of the party and every the party, including District and Local Committee to be held biannually.

10.2 Elections for office bearers for the constituency committee shall be held one year before the general elections.

10.3 Election for offices bearers of the National Executive Council shall hold office for a term of five years.

10.4 Election to the offices bearers of the party (at all levels of the party organ) shall comprise of at least 50% female members, provided that this requirement may not be strictly Adhered to during the first five years of the party’s existence.

11.0 SECTION: QUALIFICATION FOR LEADERSHIP

11.1 A member shall not be qualified to be elected to any party office bearer or shall cease to hold office if;

1. The official is convicted by a court of competent jurisdiction of an offence involving dishonesty ,theft or misuse of public funds ,corruption, breach of trust, the manufacture sale or trafficking of drugs or other serious offences of a public nature and sentenced to a term of imprisonment exceeding six months after having exhausted all the procedures of appeal provided by law.
2. The official is or becomes a member of any other political party or grouping whose aims and objectives are inconsistency with those of the party.

<!--[if !supportLists]-->3) <!--[endif]-->The official is adjudged bankrupt as a result of poor financial misfortune brought by General economic conditions beyond the control of the official.

<!--[if !supportLists]-->4) <!--[endif]-->The official is under any law disqualified from holding public office under the constitution of the nation or any other legislation.

11.2 Elections for office bearers for the constituency committee shall be held one year before the General Elections.

11.3 Elections for the office bearers of the National Executive council shall hold office for a term of five years.

11.4 Elections to the office bearers of the party (at all levels of the party organ) shall Compromise of at least 50% female members, provided that this requirement may not be strictly adhered to during the first five years of the party’s existence.

12.1 SECTION: SELECTION OF CANDIDATES

12.1.1 The selection of party candidates for national political offices shall be organized through primary.

12.1.2 Party elections in order to enable party members to decide through a secret ballot on the party’s parliamentary seat.

12.1.3 The party campaign and Election committee may organize primary party Elections in order to enable party members to decide through a secret ballot on the party’s parliamentary

13.0 SECTION: QUALIFICATION FOR LEADERSHIP

13.1 A member shall not be qualified to be elected to any party office and office bearer shall

Cease to hold to hold office if;

<!--[if !supportLists]-->1) <!--[endif]-->The official is convicted by the court of competent jurisdiction of an offence involving dishonesty, theft or misuse of public funds, corruption, breach of trust, the manufacture, and sale or trafficking of drugs or other serious offenses of public nature and sentenced to a term of imprisonment exceeding six months after having exhausted all the procedures of appeal provided by law.

<!--[if !supportLists]-->2) <!--[endif]-->The official is or becomes a member of any other political party or grouping whose aims and objectives are inconsistency with those of the party

<!--[if !supportLists]-->3) <!--[endif]-->The official is adjudged bankrupt as a result of poor financial management as opposed to financial misfortune brought about by general economic conditions beyond control of anybody.

<!--[if !supportLists]-->4) <!--[endif]-->The official is under any law disqualified from holding public office under the Malawi Constitution or any other legislation.

14 SECTION: ADMINISTRATIVE REPORTS

Reports and minutes of every local, District and constituency committee shall be forwarded by the secretaries you the National Executive council.

15 SECTION: MANAGEMENT OF THE PARTY

The affairs of the party shall be managed by the Management Standing committee with advice from the National Executive council.

16 SECTION: APPOINTMENTS OF COMMITEES

The president of the party after consultation with the National Executive council shall have the power to specialized committees or sub committees to carry the National Executive council or for the purpose of carrying out more - the aims and objectives of the party, provided that any other committee by the National conference, shall be transferred from the council or such committees from the council or such committees of the party.

17.0 SECTION: REMOVALS OF OFFICE BEARERS

17.1 The president of the party after consultation with the National Conference before the

Expiration of their terms of office.

17.2. When a new party president is elected such president shall with the consent of the

National Executive council.

17.3 Any office bearer of the party who is elected or appointed under this constitution may

Be re-elected or re-appointed to the parties.

18.0 SECTION: VACANCIES IN OFFICE OF PARTY LEADER

18.1 Whenever a party president is removed from official by the National conference of the

party Or whenever a party president retires or resigns new party president shall be elected

by Such conference.

18.2 If the office of the party president summary vacancy--------------------------------------------

Than as in 17.1 above and being the execution of his term of office, the First vice president shall automatically take over the duties of that of the reminder of the term of the outgoing Party president.

19 SECTION: INSPECTIONS OF ACCOUNTS AND LIST OF MEMBERS

The books of accounts and all documents relating thereof the list of members of the party shall be available for inspection at the registered office of the party by any office or any member of

The party upon the production evidence of the party membership to the custodian thereof

20.0 SECTION: WOMEN’S AFFAIRS

20.1 There shall be a Desk for women’s affairs shall pay special attention to matters affecting women in the country and ensure that all forms of discrimination against ------------

In the activities of the party.

20.2 The desk shall work in close collaboration which the National Executive council to ensure that women ----------- represented in the party hierarchy and effectively part ----

In the activities of the party.

21 SECTION: YOUNG DEMOCRATS

There shall be a young Democrats desk which shall be made of persons below the age of 35 and which shall strive to------ the Nation’s young people in the political life of the --------and to

Instill in them democratic values and respect for fundamental human rights.

22 SECTION: COMPLAINTS PROCEDURE

------ The National Executive council shall have a complaint committee which shall deal with

Complaints from of the again member of the party. No person against whom the complaint

relates shall sit on the complaint committee.

------ No member of the party shall be suspended or expelled from the party except for an

offence involving dishonesty or for reasons set out in section 6.6 of this constitution.

23 SECTION: RULES AND REGULATIONS

------ The National Executive council may take rules and regulations regarding discipline within

the party, and such other ----------may appear to it to be necessary in carrying into ---------

Set the provisions of this constitution provided ------------------------------------------------------------

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