Rehoboth Baster Community
United Peoples Movement Constitution 2014
Published by Nov 07, 2014
The constitution of the UPM as approved on 2 August 2014
Constitution of the United People’s Movement of Namibia
1. CONSTITUTION This Constitution constitutes a free association with legal identity separate from its members bearing the name United People`s Movement of Namibia. (UPM. of Namibia) and recognizes the supremacy of God in the destiny of nations and people;
2. UPM FLAG AND SYMBOL
2.1 The UPM Flag will show a rectangle with the colours: Red, White, Green and Gold. The Rectangle will have a Red brim, with a Golden torch surrounded by White triangles at the top and bottom and Green triangles on its left and right sides. The Red symbolizes the blood that was shed for freedom. White for peace and love, Green display growth and life whilst the Golden torch display the natural resources and the strong will to survive.
2.2 The UPM Symbol shows two open hands next to each other in a upright position, with the word: ``UPM`` in Red on top of the hands, with the words, ``FROM OPPRESSION TO TRUE FREEDOM`` in black capital letters beneath it.
3. PRINCIPLES The United People`s Movement of Namibia. is constituted according to the following principles:
3.1 The upholding and preservation of the Constitution of the Republic of Namibia, commit itselves to identify shortcomings where it occur in the Constitution of the Republic of Namibia and to address it accordingly. It also commit itselves to the propper implementation of the Constitution of the Republic of Namibia;
3.2 The protection of fundamental rights and freedoms as enshrined in the Constitution of the Republic of Namibia.
3.3 The promotion of the spiritual and material welfare and quality of life of all the people of Namibia.
3.4 The elimination of corruption, in order to promote responsible and efficient government in Namibia.
3.5 Uphold international principles as stipulated in the international conventions, declarations, protocol and the rights of minority groups.
3.6 Uphold traditional laws and re-embark on the issue regarding traditional land and the recognition of traditional authorities and that of minority groups.
4. AIMS AND OBJECTIVES The United People`s Movement of Namibia will endeavor to:
4.1 Act as representatives of the people of the Republic of Namibia and to serve their interests.
4.2 Function as a political party at Branch, Constituency, Regional and National level and actively participate in elections for Local, Regional and National Governments.
4.3 Give the electorate a role in government functions by promoting and organize their active participation in all government functions.
4.4 Undertake and organize all such actions, assist programs and support necessary in pursuance of its objectives.
5. CONDITIONS FOR MEMBERSHIP
5.1 As members, political parties, traditional authorities, groups and individuals may be admitted:
5.1.1 Any party, group, traditional authorities and or persons who supports the policies, principles and objectives of the United People`s Movement of Namibia fully and
5.1.2 Who applies for membership with the United People`s Movement of Namibia to a branch committee in the case of individuals; and
5.1.3 To the Secretary General in the case of parties, groups, traditional authorities; and
5.1.4 whose membership is approved by the Central Committee in the case of Parties, traditional authorities and group; and whose membership is approved by a Branch Committee in the case of individuals; and
5.1.5 Whose name is placed on the membership list of the United People`s Movement of Namibia after approval.
5.1.6 UPM Membership cards are distributed for free.
5.1.7 No members are allowed dual membership.
5.1.8 Any person who wants to become a member of the UPM and who posseses a membership card of any other political party must submit such card when becoming a member of the UPM and make a public announcement in that regard.
5.1.9 Each member must pay a monthly membership fee of N$ 05.00. and is payable at any time at any UPM Branch.
5.1.10 Contributions are hower not limited to the stipulated amount.
6. TERMINATION OF MEMBERSHIP Membership is terminated when and if:
6.1 A member announces his/her resignation from the United People`s Movement of Namibia.
6.2 The Executive Committee resolves to terminate the membership of a member, who’s actions are in conflict with the party constitution.
7. TERMINATION PROCEDURES
7.1 The Executive Committee may consider the termination of membership of its own accord or on the recommendation of a Branch Committee.
7.2 In the event that a member is a member of the body which must determine the question of terminating the membership of such member. Such discussions and decision will be determined in the absence of such member, provided that such member will be before deliberation takes place, be granted the opportunity to state his/her case.
7.3 Any resolution of the Executive Committee to terminate the membership of a member can be revived by the Central Committee, whose decision will be final and binding provided that:
7.3.1 The affected member may submit written representation to the Central Committee.
7.3.2 The Central Committee or the Executive Committee is under no obligation to provide reasons for it’s decision; and
7.3.3 The decision of the Executive Committee will prevail until such time that the General Committee recalls such decision.
8. ORGANS OF THE UNITED PEOPLE`S MOVEMENT The organogram of the United People`s Movement of Namibia will be as follows:
8.1 Branches Committee
8.2 Central Committee
8.5 Executive Committee
8.6 Management Committee
8.7 Recommendations/Scrutinizing Committee (Will scrutinize candidates)
8.8 Women’s League
8.9 Youth League
9. BRANCHES AND BRANCH COMMITTEES
9.1 A branch may be founded by a minimum of 30 members in the presence of a member of the Secretariat and the founding must be ratified by the Executive Committee.
9.2 Under special circumstances, the Executive Committee may approve the founding of a branch with less than 30 members.
9.3 A branch consists of all its enrolled members and no members must be a member of more than one branch.
9.4 The Executive Committee will from time to time determine the area of jurisdiction of each branch and members residing outside the boundaries of such branch areas.
9.5 Branches will annually at a general meeting, elect Branch Committee which will consist as follows: Chairman, Vice-Chairman, Secretary, Treasurer and as many additional members as decided upon, by the members who attend the meeting.
9.6 Each member shall be notified of such meeting at lest 07 days prior to a member’s meeting. Conducting such meetings will be determined by the Branch Committees.
9.7 The Branch Committees recruit, enroll members, organize meetings, keep records of members who register, keep financial statements, elect delegates and frame points for discussion at congress and recommend candidates for local government,regional councils and national level, to the Recommendation/ Scrutinizing Committee through the Central Commitand execute such actions as deemed to be in the best interest of the United People`s Movement of Namibia.
9.8 The Executive Committee can from time to time prescribe a Code of Conduct and procedures for Branches and or amend existing procedures.
9.10 The Executive Committee may, when it believes that it is in the best interest of the United People`s Movement of Namibia, relieve Branch Office Bearers from their office and execute any such powers themselves and until such time that that a new suitable branch committee is elected at a members` meeting.
9.11 Each Branch will be represented on the Central Committee by any three members.
10. WOMEN`S LEAGUE
10.1 An annual general meeting will be held by Branch Representatives of the Women`s League to elect a national management for the Women`s League including a national chairlady and also to elect two representatives on the Central Committee
10.2 The National Chairlady of the Women`s League will serve on the Executive Committee and Central Committee of the Party.
10.3 The Women`s League determines its own manner of management, acquires its own funds and executes whatever may be deemed necessary to promote and to build the interests of the United People`s Movement of Namibia.
10.4 The National Management of the Women`s League reports to the Executive Committee regarding its activities and must annually submit a financial report to the Administrative Secretary for approval by the Executive Committee.
10.5 The UPMWL will have six members on the Central Committee including the National Chair Lady of the UPMWL.
11. YOUTH LEAGUE
11.1 An annual general meeting will be held by Branch Representatives of the Youth League to elect a national management for the Youth League including a national chairperson and also to elect five representatives on the Central Committee.
11.2 The National Chairperson of the Youth League will serve on the Executive Committee and Central Committee of the Party.
11.3 The Youth League determines its own manner of management, acquires its own funds and executes whatever may be deemed necessary to promote and to build the interests of the United People`s Movement of Namibia.
11.4 The National Management of the Youth League reports to the Executive Committee regarding its activities and must annually submit a financial report to the Administrative Secretary for approval by the Executive Committee.
12. AFFILIATED PARTIES OR GROUPS
12.1 Must annually nominate four members to the Central Committee and the names of such nominees must be submitted in writing to the Secretary General before the end of March each year,
12.2 Must submit to the Secretary General the names of the delegates at least one month prior to the meeting of the congress.
12.3 Are responsible for their own organization and funding.
13. CENTRAL COMMITTEE
13.1 The composition of the Central Committee consist of:
13.1.2 Vice- President
13.1.4 Vice- Chairman
13.1.5 Secretary –General
13.1.6 Deputy Secretary General
13.1.7 National Treasurer
13.1.8 Deputy National Treasurer
13.1.9 National Secretaries of Finance, Information & Publicity and Organization & Mobilization
13.1.10 All Members of Parliament who serves the United People`s Movement of Namibia.
13.1.11 All Regional Councilors of the United People`s Movement of Namibia.
13.1.12 All Local Councilors of the United People`s Movement of Namibia.
13.1.13 A maximum of three members of each Branch Committee.
13.1.14 The National Chairlady of the Women`s League and 05 others
13.1.15 The National Chairperson of the Youth League and 05 others
13.1.16 Regional Co-ordinators
13.1.17 Council of Senior Citizens
15. RESPONSIBILITIES OF THE CENTRAL COMMITTEE
15.1 THE CENTRAL COMMITTEE
15.1.1 Is the highest executive body of the Party, supervises subordinate bodies the United People`s Movement of Namibia and execute all actions which are deemed to be in the interest of the United People`s Movement of Namibia and only its determinations of policies are subjected to ratification or review by congress.
15.1.2 Controls and manages the funds, assets and liabilities of the United People`s Movement of Namibia at its discretion.
15.1.3 Approves matters for discussion and proposals for the agenda of the congress.
15.1.4 Receive nomination of candidates for all elections, for rewiev and placement by the Recommendations Committee and to amend and or approve such nominations afterwards.
15.1.5 Elects from its ranks a President, Vice-President, Chairman,Vice- Chairman,Secretary – General and Secretaries of Finance, Information and Organization for a period of five years.
16. DUTIES AND RESPONSIBILITIES OF THE OFFICE BEARERS AND ELECTED POLITICAL REPRESENTATIVES
16.1. President • Is the leader of the Party • Represents the party at national and international level. • He/She is responsible for the execution of policy as route by Congress in the interest of democracy and collective management, • He/she must at all times led by decisions of the Management Committee.
16.2. Vice- President • Fulfills all the duties of the President if he/she is absent or unavailable.
16.3 Chairperson • Presides over all meetings of all bodies of the party. • Where doubt exists, the chairman will act according to his/her own judgment or where appropriate, will allow the meeting to decide by majority vote; • Where there is a tie in voting, the chairman shall have the casting vote.
16.4 Vice-Chairperson • Fulfills all the duties of the Chairperson is absent or unavailable.
16.5 Secretary General • Is the chief political official of the Party. • He/She is responsible for the establishment and maintenance of all party structures throughout the country. • He/She must see to it that all elected members of Parliament,Regional and Local Councils, as well as Branch Committee`s and Office Bearers carry out their duties meticulously and to the benefit of the Party. • He/She must be thoroughly versed in the working of the Namibian Electoral and political systems, viz how elections are run and how government operates. • He/She must acquaint him or herself with the activities of the Administrative Secretary on a regular basis.
16.6 Deputy Secretary General • Fulfills all the duties of the Secretary General if he/she is absent or unavailable.
16.7 National Treasurer • Is the chief financial officer of the party; • Is responsible to, in close cooperation with the Administrative Secretary, exercise financial control and undertake expenditure in accordance with the budget approved by the Central Committee. • Must annually, in cooperation with the Administrative Secretary submit complete audited financial statements of the income and expenditure of the party during the previous financial year, to the Management, Executive and Central Committee.
16.8 Deputy National Treasurer Fulfills all the duties of the National Treasurer if he/she is absent or unavailable.
16.9 National Secretary for Finance Is responsible for the daily financial matters of the party and needs to work closely with all branch Treasurers, Deputy National Treasurer and National Treasurer.
16.10 National Secretary Information and Publicity • Is the official spokesperson for the Party; • Is responsible to improve the Party’s image in the printed and electronic media; • Must be completely up to date about the Party’s Constitution, policies and viewpoints as well as their interpretation; • Must monitor all political events both national and international, daily and initiate press statements; • Must carry out his/her duties in close cooperation with the Secretary General
16.11 National Secretary for Mobilization and Organization. • Is responsible for mobilizing the electorate and to arrange meetings.
16.12 Members of Parliament • Are the Party’s representatives in the highest bodies of the country and must therefore: • Put the Party’s interest first and serve it in the interest of the members; • Be absolutely loyal to the Party and its leadership; • Be very well versed in the Party’s Constitution, policies and viewpoints as well as their interpretation; • Set a good example in all things; • Attend all sessions of the National Assembly and National council; • Must keep up to date with the working of the Parliament and of the Government. • Diligently carry out all functions, duties and responsibilities; • Regularly participate constructively and sensibly in debates; • Be well-informed about the working of the Ministries for which they are responsible and carefully monitor the activities of those Ministries and the way in which government policy is carried out and initiate motions/debates/press statements; • Remain closely involved in the Party’s organization and hold information meetings on regular basis.
16.13. Regional Councilors • Are the Party’s representatives in Constituencies and Regional Councils and must therefore; • Be absolutely loyal to the party and its leadership; • Be well versed in the Party’s Constitution, policies and viewpoints and their interpretation; • Set a good example in all things; • Diligently attend all sessions of the Regional Council; • Regularly, Constructively and sensibly participate in debates and discussions; • Diligently carry out all functions, duties and responsibilities; • Be well- informed regarding the working of the Regional Council, National Assembly, National Council and the Government; • Be well-informed regarding the working of the Regional Council, National Assembly, National Council and the Government; • Be well-informed about the working of the Ministries for which they are responsible and carefully monitor the activities of those Ministries and the way which government policy is carried out and initiate motions/press statements; • Remain closely involved in the Party’s organization and hold information meetings on regular basis, especially in the Constituency he/she represents.
16.14 Town/Village Councilors • Are the Party’s representatives in town/village councils and must therefore; • Put the party’s interest first and act in the interest of its members; • Be absolutely loyal to the party and its leadership; • Set a good example in all things; • Diligently attend all sessions of the Town/Village Council; • Regularly, constructively and sensibly participate in debates and discussions; • Diligently carry out all functions, duties and responsibilities; • Be well-informed regarding the working of the Town/Village Council, Regional Council, National Assembly, National Council and the Government; • Be well-informed about the working of the Ministries for which they are responsible and carefully monitor the activities of those Ministries and the way in which government policy is carried out and initiate motions/press statements; • Remain closely involved in the Party’s organization and hold information meetings on a regular basis.
16.15 Convenes at least once a year.
16.16 Nominates candidates of the United People`s Movement of Namibia for participation in any elections for members of government
16.17 Code of Conduct for all Office Bearers • All Office Bearers and elected political representatives are elected to serve the interest of the members of the party at all times and are thus directly accountable to the members of the Party. • They are therefore responsible to report back and hold information meetings for the United People`s Movement of Namibia electorate on a regular basis; • When Party members feel that such office bearers and/or elected political representatives do not fulfill their duties and responsibilities; the Central Committee has the right to withdraw such a person from the position he/she occupies on behalf of the Party.
17.14.1 The Executive Committee determines the date, time and venue of each Central Committee Meeting;
17.14.2. In the events that four affiliated Branch Committees request the president or the secretary general thereto in writing, the chairman is compelled to convene a Central Committee meeting within one month after such request was submitted;
17.14.3 Each member of the Central Committee must ge given prior written notification by the secretary general of each Central Committee Meeting.
18. EXECUTIVE COMMITTEE
18.1 The Executive Committee of the Central Committee consists of:
18.1.5 Secretary General/Deputy SG
18.1.6 National Treasurer
18.1.7 All Ministers of Shadow Ministers who are members of the United People`s Movement of Namibia.
18.1.8 Chairpersons of UPM Branch Committees or their nominees
18.1.9 All UPM Regional Councilors
18.1.10 All UPM Local Authority Councilors
18.1.11 National Chairlady of the Women’s League
18.1.12 National Chairperson of the Youth League
18.2 The Executive Committee is the executive power and authority of the United People`s Movement of Namibia and is vested with all the power and authority if the Central Committee is not in session, provided that it is bound by the instructions and resolutions of the Central Committee.
18.2.1 The Executive Committee draws up the agenda for the Central Committee Meeting and of Congress
19.1 The President, Vice-President, Chairman, Vice-Chairman, Secretary General, Deputy SG and Ministers or shadow Ministers form the Management Committee of the Executive Committee who will act for the Executive Committee in matters of urgency when convening the Executive Committee is not practical or appropriate.
19.2 The Management Committee is unrestrictedly empowered, subject only broad Guidelines determined by the Central Committee or the Executive Committee to deal with all the assets or properties of the United People`s Movement of Namibia.
19.3 In time of extraordinary crisis the President can act for the Management Committee until such time that a quorum for the Management Committee can be established to ratify his/her actions.
19.4 The Management Committee appoints a Disciplinary Committee when necessary, consisting of three members of whom one will be the Chairperson of the United People`s Movement of Namibia. In accordance with the Labour Act, any party member of his/her choice, but not a legal practitioner may support the person appearing before the disciplinary Committee.
19.5 The Disciplinary Committee may investigate any matter that threatens to bring the party into disrepute, including any such acts by any member for consideration by the Management Committee. After a conclusion has been reached the DC shall approach Management Committee for a decision.
20. RECOMMENDATIONS/SCRUTINIZING COMMITTEE
20.1. The Recommendations/Scrutinizing Committee will consist of members of the UPM Executive Committee and one member each from all UPM Branches.
20.2 The Branch Representatives should not be a candidate so nominated at the Central Committee for that specific election/s and should be a member of the Central Committee.
20.3 Recommendations/Scrutinizing Committee decisions are final. (18.2)
21.1 Composition The Congress of the United People`s Movement of Namibia is composed of
21.1.1 Five delegates from each Branch
21.1.2 Three members of each affiliated member, party or group
21.1.3 Elected Members of Parliament, Regional Council and Local Council who are members of the United People`s Movement.
21.1.4 All members of the Central Committee.
22.2 RESPONSIBILITIES OF CONGRESS
22.2.1 Congress conveys during the year after the election for members of the Assembly under the Chairmanship of the United People`s Movement of Namibia chairman.
22.2.2 Congress determines the broad policy of the United People`s Movement of Namibia and is the highest policy making body of the United People`s Movement of Namibia.
22.3 An Extraordinary Congress must be requested by means of a written request to the Secretary General signed by at least 10 members of the Central Committee. Such a request must be accompanied by a written motivation.
22.3.1 The agenda for an Extraordinary Congress is determined by the request in terms of sub article 18.3 and no other topics may be discussed at such an Extraordinary Congress.
23 . SECRETARIAT
23.1 The Executive Committee from time to time appoints a Secretariat consisting of an Administrative Secretary, an Administrative Assistant and other personnel as deemed to be necessary.
23.2 Duties and responsibilities of the Administrative Secretary/National Chairperson ď‚§ď€ The Administrative Secretary is the chief administrative officer of the Party and in this capacity is in control of the administration of the Party; ď‚§ď€ He/She is responsible to and carries out the direct decisions of the Congress, Central Committee, Executive Committee and Management Committee and acts as secretary of these organs; ď‚§ď€ Maintains close cooperation with the Secretary General in the administration of the party; ď‚§ď€ Is responsible to, in close cooperation with the Secretary for finance, maintain effective financial control and undertake expenditure in accordance with the budget approved by the Central Committee ď‚§ď€ Maintains all financial documents and records of the Party for a minimum period of five years; ď‚§ď€ Maintains a complete members register; ď‚§ď€ Preserves all Party correspondence; ď‚§ď€ Is responsible for all party property. ď‚§ď€ Must visit Branch Committees regularly, keep up to date on Problems experienced and report to the Management Committee.
24.1 The Central Committee is responsible to see to it that the United People`s Movement of Namibia has sufficient funds to achieve and maintain its goals and to exercise proper control over its administration and expenditure.
24.2 The Central Committee determines membership fees from time to time for individual members as well as for affiliated political parties or groups.
24.3 Every Branch Committee is responsible for the acquisition of its own funds and the Central Committee can place a levy upon Branch Committee Managements for transfer to Head Office.
24.4 Branch Committees must annually submit financial statements regarding their branches as well as of the financial affairs to the administrative secretary for notice and ratification by the Executive Committee.
24.5 In the case where an office bearer is paid an allowance by the Party that allowance is directly linked to the position he/she occupies and should he/she be elected or vacate that position for whatever reason, such allowance automatically falls away, and with immediate effect.
24.6 The Central Committee appoints the auditors.
24.7 Right of ownership of all funds and assets under the control of each body of the United People`s Movement of Namibia is vested in the United People`s Movement of Namibia and the Executive Committee can from time to time determine rules and regulations for all dealings with and administration thereof.
24.8 No body of the United People`s Movement of Namibia other than the Executive Committee may bind the credit of the United People`s Movement of Namibia or any of its bodies by any other way or means other than by prior written consent of the Executive Committee. Management or members of the body who may act in contradiction of this stipulation will be held personally liable for any debt which may accrue from such action.
24.9 With the exception of the provisions of clause 22.8 No member of the United People`s Movement of Namibia will be accountable for any debt or liabilities of the United People`s Movement of Namibia except to pay membership fees as determined by the Central Committee.
25.1 A majority of incumbents of each body of the United People`s Movement of Namibia forms a quorum with the exception of member meetings of branches where ten members will form a quorum.
25.2 Every member of each body shall receive notice of each meeting which he/she is entitled to attend and shall be notified of such meetings at least 07 days prior to the date of the meeting, except in the case of the Management Committee, which shall be competently convened on 12 hours prior notice to its members.
25.3 The chairman of a meeting of any body of the United People`s Movement of Namibia will have the authority to rule to order as he/she may be deem fit.
25.4 With exception of the provisions of this constitution, all bodies of the United People`s Movement of Namibia will endeavor at all times to reach consensus but should this not be possible then;
25.4.1 Policy resolutions must be taken with a two thirds majority;
25.4.2 Resolutions regarding membership of the United People`s Movement of Namibia must be taken with a two thirds majority.
25.4.3 Resolutions that could amend the constitution of the United People`s Movement of Namibia must be taken with a three fourths majority.
25.4.4 Resolutions that would affect the candidature of the United People`s Movement of Namibia must be taken with a two thirds majority.
25.4.5 Any other resolutions of administrative, financial and organizational nature will be taken with a simple majority.
25.5 The required majority of votes of a meeting of any body of the United People`s Movement of Namibia are determined by secret ballot by incumbent representatives who are present and who are voting at the time of the meeting, in the presence of a quorum.
26 AMENDMENT OF THE CONSTITUTION OF THE UPM
This constitution can only be amended if:
26.1 The Secretary General notifies each affiliated party and Branch Committees at least one month prior to the proposed amendment and
26.2 The proposed amendment is approved by three quarters majority at a Central Committee meeting.
27 GENERAL POWERS AND AUTHORITY OF THE UPM
27.1. The United People`s Movement of Namibia.
27.1.1 Is a legal personality separate from its members;
27.1.2 Can sue or be sued in its own name;
27.1.3 Can enter into agreements and own property in its own name
27.1.4 Has no profit motive and only pursue the common interest of its members.
27.2 Any power of attorney, agreement or document which is executed by any member of the Management Committee together with the administrative secretary will be deemed to be executed by the Central Committee, Executive or Management Committee as the case may be. Any document professing to contain a resolution of the Central, Executive or Management Committee will be deemed as such if it is signed jointly by the administrative secretary and any member of the Management Committee.
28. The powers and the authority of the United People`s Movement of Namibia are limited and without detracting from the generality thereof. The U.P.M. is competent to -
28.1.1 Insure, sell, let, hypothecate, pawn, alienate, exchange, donate, develop and improve or deal in any way or means with it assets:
28.1.2 Borrow or lend money
28.1.3 Invest money, re-call investments or re-invest
28.1.4 Let, buy and accept as donation any movable or immovable property from any donar agency locally or abroad.
28.1.5 Open and operate banking accounts and overdraw such accounts with the required permission.
28.1.6 Execute deeds of indemnification or guarantees and to guarantees payment in terms thereof
28.1.7 Notwithstanding the matters specified above, to do all that is necessary to execute the aims of the United People`s Movement of Namibia.