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UPM Constitution 2010

Published by Sep 11, 2010

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The 2010 constitution of the United People's Movement of Namibia. The constitution was revised in 2014 and this file is for information purposes only.

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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)

 

 2.           PRINCIPLES

 

The United People`s Movement of Namibia. is constituted according to the following principles:

 

2.1          The recognition of the supremacy of God in the destiny of nations and people;

2.2          The upholding and preservation of the Constitution of the Republic of Namibia, commit it selves to identify shortcomings where it occur in the Constitution of the Republic of Namibia and to address it accordingly, it also commit it selves to the proper implementation of the Constitution of the Republic of Namibia;

2.3          The protection of fundamental rights and freedoms as enshrined in the Constitution of the Republic of Namibia.

2.4          The promotion of the spiritual and material welfare and quality of life of all the people of Namibia.

2.5          The elimination of corruption, in order to promote responsible and efficient government in Namibia.

2.6          Uphold international principles as stipulated in international conventions, declarations, protocol and the rights of minority groups;

2.7          Uphold traditional laws and re-embark on the issue regarding traditional land and the recognition of traditional authorities and that of minority groups.

 

3.            AIMS AND OBJECTIVES

The United People`s Movement of Namibia will endeavor to:

 

3.1          To act as representatives of the people of the Republic of Namibia and to serve their interests.

3.2          Function as a political party at Branch, Constituency, Regional and National level and actively participate in elections for Local, Regional and National Governments.

 

3.3         Give the electorate a role in government functions by promoting and organize their active participation in all government functions.

3.4          Undertake and organize all such actions, assist programs and support necessary in pursuance of its objectives.

 

4.            CONDITIONS FOR MEMBERSHIP

 

4.1      As members, political parties, traditional authorities, groups and individuals may be admitted:

4.1.1       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

4.1.2       Who applies for membership with the United People`s Movement of Namibia to a branch committee in the case of individuals; and

4.1.3       To the Secretary General in the case of parties, groups, traditional authorities; and

4.1.4       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

4.1.5       Whose name is placed on the membership list of the United People`s Movement of Namibia after approval?

 

5.            TERMINATION OF MEMBERSHIP 

Membership is terminated when and if:

5.1          A member announces his/her resignation from the United People`s Movement of Namibia.

5.2          The Executive Committee resolves to terminate the membership of a member, who’s actions are in conflict with the party constitution.

 

6.            TERMINATION PROCEDURES

 

6.1          The Executive Committee may consider the termination of membership of its own accord or on the recommendation of a Branch, Constituency or Regional Committee.

6.2          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.

6.3          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:

6.3.1       The affected member may submit written representation the Central Committee.

6.3.2       The Central Committee or the Executive Committee is under no obligation to provide reasons for it’s decision; and

6.3.3       The decision of the Executive Committee will prevail until such time that the General Committee recalls such decision.

 

7.             ORGANS OF THE UNITED PEOPLE`S MOVEMENT

 

The organogram of the United People`s Movement of Namibia will be as follows:

 

7.1          Branches Committee

7.2          Constituency Committee

7.3          Regional Committee

7.4          Central Committee

7.5          Executive Committee

7.6          Management Committee

7.7          Evaluation Committee (Will scrutinize candidates before submitting the names to the Central Committee)

7.8          Women’s League

7.9          Youth League

7.10        Congress

7.11        Secretariat

 

8.            BRANCHES AND BRANCH COMMITTEES

 

8.1          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.

8.2          Under special circumstances, the Executive Committee may approve the founding of a branch with less than 30 members.

8.3          A branch consists of all its enrolled members and no members must be a member of more than one branch.

8.4          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.

8.5          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.

8.6          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 Committee’s.

  8.7        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 and regional councils to the Constituency Committee`s and execute such actions as deemed to be in the best interest of the United People`s Movement of Namibia.

8.8          The Executive Committee can from time to time prescribe a Code of Conduct and procedures for Branches and or amend existing procedures.

8.10        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.

8.11        Each Branch will be represented on the Constituency Committee by two members namely: the Chairman or his representative and the Secretary.

 

9.            CONSTITUENCY COMMITTEES

 

9.1          Constituency Committees consist of two members namely: the Chairman or his representative and the Secretary of each Branch within the boundaries of such constituency and as determent by the Central Committee.

9.2          Constituency Committees will annually elect from their own ranks a management committee, consisting of a Chairman, Vice-chairman, Secretary, Treasurer and as many additional members as decided upon, by the Constituency Committee.

9.3          Elected United People`s Movement of Namibia members of local authorities in each specific constituency have seats and votes on the Constituency Committee.

9.4          Constituency Committees arrange meetings, supervise branches and financial matters, coordinate the United People`s Movement of Namibia`s activities within their districts and make recommendations to the Regional Committee regarding candidates for local authorities and execute all such actions that deems to be in the best interest of the United People`s Movement of Namibia in achieving the party`s aims and objectives.   

10.          REGIONAL COMMITTEES 

  

10.1        A Regional Committee consists of the Chairman or Vice –chairman and Secretary of each Constituency Committee within the boundaries of the region as demarcated from time to time by the Central Committee.

10.2        Each Regional Committee annually elects a management from its own ranks consisting of Chairman, Vice-chairman, Secretary of treasurer, and as many additional members as the Regional Committee may deem to be necessary.

10.3        The Regional Committee arranges, on its own or in cooperation with other Regional Committee`s, coordinates the United People`s Movement of Namibia activities within its Region, Controls the financial affairs of Constituency Committees and makes recommendations to the Central Committee regarding candidates to be nominated for Regional Councils within that Specific Region, Furthermore, the Regional Committees execute all those tasks that may from time to time be assigned to it by the Central Committee.

10.4        All elected United People`s Movement of Namibia members of Regional Council have seats and votes on their Regional Committees.

 

11.          WOMEN`S LEAGUE

 

11.1        An annual general meeting will be held by Regional 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

11.2        The National Chairlady of the Women`s League will serve on the Executive Committee and Central Committee of the Party.

11.3        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.

11.4        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.

 

12.          YOUTH LEAGUE

 

12.1        An annual general meeting will be held by Regional Representatives of the Youth League to elect a national management for the Youth League including a national chairperson and also to elect two representatives on the Central Committee.

12.2        The National Chairperson of the Youth League will serve on the Executive Committee and Central Committee of the Party.

12.3        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.

12.4        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.

 

13.          AFFILIATED PARTIES OR GROUPS

 

13.1        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,

13.2        Must submit to the Secretary General the names of the delegates at least one month prior to the meeting of the congress.

13.3        Are responsible for their own organization and funding.

 

14.          CENTRAL COMMITTEE

 

14.1        The composition of the Central Committee consist of:

14.1.1    President

14.1.2    Vice- President

14.1.3    Chairman

14.1.4    Vice- Chairman

14.1.5    Secretary -General

14.1.6     Secretaries of Finance, Information and Organization

14.1.7     All Members of Parliament who serves the United People`s Movement of Namibia.

14.1.8     All Regional Councilors of the United People`s Movement of Namibia.

14.1.9     All Local Councilors of the United People`s Movement of Namibia.

14.1.10  A maximum of three members of each Regional Committee.

14.1.11  The National Chairlady of the Women`s League            

14.1.12  The National Chairperson of the Youth League

 

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      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.          DUTTIES 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 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,Constituency and Regional Committee 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     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.

16.7       Secretary for Information and Organization

  • 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

16.8     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.

16.9      Regional Councilors

  • Are the Party’s representatives in Constituencies and Regional Councils and must therefore;
  • Put the Party’s first and act in the interest of its members,
  • 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 Part’s organization and hold information meetings on regular basis, especially in the Constituency he/she represents.

16.10    Town/Village Councilors

  • Are the Party’s representatives in town/village councils and must therefore;
  • Put the party’s 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.

16.11        Convenes at least once a year.

16.12        Nominates candidates of the United People`s Movement of Namibia for  participation in any elections for members of government

16.13     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 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.

16          MEETINGS

16.14.1 The Executive Committee determines the date, time and venue of each Central Committee Meeting;

16.14.2.  In the events that four affiliated parties or groups, or four Regional 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;

16.14.3 Each member of the Central Committee must ge given prior written notification by the secretary general of each Central Committee Meeting.

 

17.          EXECUTIVE COMMITTEE

 

17.1       The Executive Committee of the Central Committee consists of:

17.1.1     President

17.1.2     Vice-President

17.1.3     Chairman

17.1.4     Vice-Chairman

17.1.5     Secretary General

17.1.6     National Treasurer

17.1.7     All Ministers of Shadow Ministers who are members of the United People`s Movement of Namibia.

17.1.8   The Leaders of Affiliated Parties or groups or their nominees;

Chairman of Regional Committee or Their nominees

17.1.8      All the Regional Councilors

17.1.9      All the Local Councilors

17.1.12    National Chairlady of the Women’s League

17.1.13    National Chairperson of the Youth League

 

17.2           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.

17.2.1       The Executive Committee draws up the agenda for the Central Committee Meeting and of Congress

 

17.2        MANAGEMENT COMMITTEE

 

17.3.1     The President, Vice-President, Chairman, Vice-Chairman, Secretary General 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.

17.3.2     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.

17.3.3     In time of extraordinary crises 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.

17.3.4     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.

17.3.5     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.

 

18.          CONGRESS

 

 18.1        Composition

The congress of the United People`s Movement of Namibia is composed of

 

18.1.1     Five delegates from each Region

18.1.2     Three members of each affiliated member, party or group

18.1.3     Elected Members of Parliament, Regional Council and Local Council who are members of the United People`s Movement.

18.1.4     All members of the Central Committee.

 

18.2             RESPONSIBILITIES OF CONGRESS

 

18.2.1     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.

18.2.2     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.

18.3        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.

18.3.1     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.

 

19 .        SECRETARIAT

 

19.1        The Executive Committee

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.

19.2        Duties and responsibilities of the Administrative Secretary

  • The Administrative Secretary is the chief administrative officer of the Party and in this capacity is in control of the administration of the Party;
  • 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;
  • Maintains close cooperation with the Secretary General in the administration of the party;
  • 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
  • Maintains all financial documents and records of the Party for a minimum period of five years;
  • Maintains a complete members register;
  • Preserves all Party correspondence;
  • Is responsible for all party property.
  • Must visit Regional and Constituency Committees regularly, keep up to date on Problems experienced and report to the Management Committee.

 

20.        FINANCE

 

20.1        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.

20.2        The Central Committee determines membership fees from time to time for individual members as well as for affiliated political parties or groups.

20.3        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 Constituency Committees, Regional Councils and Head Office.

20.4        Regional Committees must annually submit financial statements regarding their branches as well as of the financial affairs and activities of Regional committees and constituency committees to the administrative secretary for notice and ratification by the Executive Committee.

20.5        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.

20.6    The Central Committee appoints the auditors.

20.7    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.

20.8        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.

20.9    With the exception of the provisions of clause 19.8 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.

 

21           PROCEDURES

 

21.1        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.

21.2        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.

21.3        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.

21.4        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;

21.4.1     Policy resolutions must be taken with a two thirds majority;

21.4.2     Resolutions regarding membership of the United People`s Movement of Namibia must be taken with a two thirds majority.

21.4.3     Resolutions that could amend the constitution of the United People`s Movement of Namibia must be taken with a three fourths majority.

21.4.4     Resolutions that would affect the candidature of the United People`s Movement of Namibia must be taken with a two thirds majority.

21.4.5     Any other resolutions of administrative, financial and organizational nature will be taken with a simple majority.

21.5        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.

 

22           AMENDMENT OF THE CONSTITUTION OF THE UPM

 

This constitution can only be amended if:

22.1        The Secretary General notifies each affiliated party and Regional Committees at least one month prior to the proposed amendment and

22.2        The proposed amendment is approved by three quarters majority at a Central Committee meeting.

 

23           GENERAL POWERS AND AUTHORITY OF THE UPM

 

23.1.       The United People`s Movement of Namibia.

23.1.1     Is a legal personality separate from its members;

23.1.2     Can sue or be sued in its own name;

23.1.3     Can enter in to agreements and own property in its own name

23.1.4     Has no profit motive and only pursue the common interest of its members.

23.2        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.

24.          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 -

24.1.1     Insure, sell, let, hypothecate, pawn, alienate, exchange, donate, develop and improve or deal in any way or means with it assets:

24.1.2    Borrow or lend money

24.1.3    Invest money, re-call investments or re-invest

24.1.4     Let, buy and accept as donation any movable or immovable property from any donar agency locally or abroad.

24.1.5     Open and operate banking accounts and overdraw such accounts with the required  permission.

24.1.6     Execute deeds of indemnification or guarantees and to guarantees payment in     terms thereof

24.1.7     Notwithstanding the matters specified above, to do all that is necessary to execute the aims of the United People`s Movement of Namibia.

 

Mr.Willem Bismarck van Wyk, (President )

 

Mr. Piet M. Junius, (Vice- President )

 

Mr. Jan J. van Wyk ( National Chairman )

 

Mr. Martin. G Dentleinger (Secretary General)

 

Mr. Ryno Angermund (Vice-Chairman)