BLF-SM Constitution

CONTENTS

 

Preamble

Section One: Name

Section Two: Colours and Logo

Section Three: Character of the BLF-SM

Section Four: Principles

Section Five: Aims and Duties

Section Six: Membership

Section Seven: Rights and Obligations

Section Eight: Status

Section Nine: National Imbizo

Section Ten: National General Council

Section Eleven: National Coordinating Committee

Section Twelve: Duties and Powers of the NCC

Section Thirteen: National Working Committee

Section Fourteen: Meetings of NCC and NWC

Section Fifteen: Duties and functions of the officials

Section Sixteen: Co-options to the NCC

Section Seventeen: Term of office

Section Eighteen: Provinces

Section Nineteen: Provincial Imbizo

Section Twenty: Provincial General Council

Section Twenty One: Provincial Coordinating Committee

Section Twenty Two: Meetings of PCC and PWC

Section Twenty Three: Co-options to the PCC

Section Twenty Four: Term of office

Section Twenty-Five: Regional Coordinating Committee

Section Twenty-Six: Branches

Section Twenty-Seven: Branch General Meeting

Section Twenty-Eight: Co-options to the BCC

Section Twenty-Nine: Discipline

Section Thirty: Quorum

Section Thirty-One: Removal from office

Section Thirty-Two: Quota

Section Thirty-Three: Elections

Section Thirty-Four: Independent Electoral Commission

Section Thirty-Five: Voting

Section Thirty-Six: Grievances Regarding Elections

Section Thirty-Seven: Headquarters

Section Thirty-Eight: Alumni and Convocation

Section Thirty-Nine: Amendments to the Constitution

Section Forty: Dissolution

Section Forty-One: Structure

Section Forty-Two: Definition Clause

 

 

First Schedule

 

Appendix 1: Logo and Colours

 

Appendix 2: Black First Land First Student Movement Code Of Conduct

 

Preamble:

Whereas we black students of South Africa:

 

Realizing that the 1994 democratic break-through has not brought us liberation.

Recognizing that the struggle for the realization of a socialist Azanian society where education, healthcare, housing and other basic needs shall be provided for has not ended.

Further recognizing that South Africa remains a capitalist, racist, sexist, homophobic white supremacist society which is essentially anti black.

 

We therefore resolve to form a student movement to fight for the realization of liberation for real.

 

 

  1. Section One

 

Name

 

The Name of the organisation shall be the Black First Land First Student Movement (BLF-SM)

 

 

  1. Section Two

 

Colours and Logo

 

BLF-SM adopts the Colors, Logo and explanation thereof of the Black First Land First Movement (BLF). Accordingly the Colors, Logo and explanation thereof of BLF-SM (as adapted) is attached as Appendix 1 hereto.

 

 

  1. Section Three

 

CHARACTER OF THE BLF-SM

 

  1. The aim of BLF-SM is to engage in revolutionary programs that ultimately facilitates solidarity between black students and the back majority so as to ensure the institutional destruction of white supremacy including the anti-black system of power, social organization, political arrangement and economic slavery and replace it with a fully responsive system.

 

  1. BLF-SM shall pursue all tactics and strategies that maximizes the fight to liberate black students within the framework of the liberation project that puts black first for land first.

 

  1. The policies of BLF-SM are determined by membership and leadership is accountable to the membership of BLFSM as stipulated in the procedures contained in this Constitution.

 

  1. BLF-SM opposes tribalism, regionalism, religious and cultural intolerance, the oppression of women and the oppression of all other gendered persons. Furthermore BLF-SM opposes patriarchy, sexism, and homophobia and any cultural or religious practices that promotes the oppression of anyone, including women as well as the LGBTQI community

 

  1. BLF-SM is a vanguard student organization leading the revolutionary students as an integral part of the black majority in the fight to destroy white supremacy.

 

  1. BLF-SM is a revolutionary, anti racist, anti capitalist, anti colonial, anti imperialist, anti sexist, pro LGBTQI, internationalist, Student Movement which brings together the revolutionary students of the black majority for the purpose of achieving a black first education system in the context of decolonizing, deracializing and reorganizing society along black centered socialist lines. To this end BLF-SM stands for the total transformation of the education system in line with transforming the whole of society by any means necessary!

 

  1. BLF-SM is driven by people centered values in terms of which leadership is accountable to the membership which elected it.

 

  1. BLF-SM is committed to building a platform for cohesive left student forces sufficient to constitute a formidable opposition to the anti black politics and agenda of neo liberalism.

 

  1. BLF-SM desires to work towards building a happy secured society, where all have access to equality not just as a right in a the constitution but experienced by the people in real life. Building a happy secured society means simply that democracy works for the people not just for the leaders and public servants.

 

  1. BLF-SM shall adhere to the practice of democracy in discussion and unity of action. To this end the whole student organisation shall observe unified discipline. The guiding principle is that at all times the individual is subordinate to the student organization, the minority is subordinate to the majority, the lower level is subordinate to the higher level and the entire BLF-SM is subordinate to the National structure of the BLF-SM which in turn is subordinate to the National Coordinating Committee of the Black First Land First Movement.

 

  1. BLF-SM philosophy of liberation is Black Consciousness and Pan-Africanism.

 

  1. The guiding philosophical outlook of BLF-SM is both the black consciousness as principally developed by Steve Bantu Biko and the Pan-Africanism as principally developed by Robert Mangaliso Sobukwe. These black forms of radical philosophies together constitute the only viable single philosophy of black liberation.

 

  1. Furthermore BLF-SM is Sankarist in belief and practice – following and honouring the revolutionary legacy of Thomas Sankara. We believe that for the student movement to succeed it needs a servant leadership – an accountable, democratic, responsive leadership that puts black students and by extension black people first

 

 

  1. Section Four

 

Principles

 

* Black First, Land First

* Constructive criticism and self-criticism

* Principled Unity

* Anti liberalism

* Anti racist

* Anti capitalist

* Anti colonial

* Anti imperialist

* Anti sexist

* Pro LGBTQI

* Internationalist

* Participatory Democracy

* Democratic Centralism

* Vanguard Leadership

* Sankarist Leadership Ethos

* Recall and Active Participation

 

 

Section 5

 

Aims and Objectives

 

  1. To create a forum for Black Students so as to articulate and to express their aspirations as part of the Black majority.

 

  1. To mobilise and unite black students around the liberatory politics of Black Consciousness and Pan Afrikanism.

 

  1. To struggle by any means necessary to realize the liberation of black students in the context of the liberation of all black people from white supremacy, racism, patriarchy, capitalism and imperialism.
  2. To encourage the involvement of the black students in problems facing the black student community in the context of the structural problems facing of the black community.

 

  1. To support and engage in all struggles aimed at establishing a fully responsive decolonized, black first, socialist society that builds and maintains a revolutionary culture with an internationalist outlook, whilst centering black experiences and desires.

 

  1. To engage in and support campaigns towards the “repossession of the land without compensation” in the interests of the whole people in general and that of the black majority in particular.

 

  1. To strive towards creating conditions for total freedom of the black majority and by extension an anti-capitalist, anti-racist, anti-sexist, anti the oppression of the LGBTQI peoples and anti-imperialist society.

 

  1. To attain and defend principled unity of black students through the organizing and mobilizing ideas of “Black First, Land First!”

 

  1. To lead, participate in, support and promote all struggles for the achievement of the total sovereignty and “unity of action” of the African states and by extension, the African continent as an indivisible single force.

 

  1. To support and participate in the international struggle for the complete overthrow of imperialism, colonialism, racism and all other forms of oppression and discrimination so as to establish fully responsive black first socialist governments throughout the world.

 

  1. To promote the fight against tribalism, regionalism, religious and cultural intolerance, oppression of women and oppression of all other gendered persons, towards the total eradication of these forms of oppression and tendencies and through the realization of Black Consciousness and radical Pan Africanism.

 

 

  1. Section Six.

 

Membership

 

  1. Any student registered at institutions of higher learning and of further education and training ; who accepts the politics, ideological perspective and Constitution of the BLF-SM; joins the BLF-SM at an institution referred to above and is prepared to work actively in it as part of the organization’s collective; is committed to honoring the organization’s resolutions and decisions; accepts the organization’s policy perspectives; commits herself/himself to being a disciplined member, and; is willing to pay the necessary membership fees may become a member of BLF-SM.

 

  1. Blacks are those people who are by law and tradition politically, economically and socially discriminated against as a group and who see themselves as a unit in the struggle for liberation from white supremacy. In terms of this definition, the black people in South Africa are (as indicated by Steve Biko) those that come from the African communities, the so-called Coloured communities and so-called Indian communities.

 

  1. Each applicant for BLF-SM membership must complete and sign an application form. Applications for membership shall be considered by the Student Coordinating Committee. The Student Coordinating Committee, may grant or decline any application for membership provided such a decision is subject to review by the next higher organ of BLF-SM.

 

  1. On acceptance, a member shall pay the joining fee and thereafter the monthly subscription fee in an amount(s) determined by the National Student Coordinating Committee (NSCC) for all members.

 

  1. Every member should renew her/his membership every academic year and to this end pay the necessary membership fee.

 

  1. No individual shall hold any executive position on any structure of the BLF-SM unless s/he has first paid the relevant membership fee.

 

  1. No individual shall be permitted to represent the BLF-SM or to vote in respect of any of its policies unless s/he has paid the relevant subscription fee.

 

  1. Membership cards shall be issued to registered members of the BLF-SM,.

 

  1. Any BLF-SM member may object to any persons application for membership. To this end objections shall be lodged with the SCC within  three months of knowledge of such application for membership.

 

  1. At any time before anyone is accepted as a full BLF-SM member, or under special circumstances even after the member has been accepted, the Secretary General may order that the application for membership or the membership (whichever is applicable) be rejected in the event that it was made or obtained invalidly.

 

  1. The reasons for declining an application for membership by the Secretary General or the objection to the membership application shall be transmitted to the applicant for membership in writing.

 

  1. All BLF-SM members shall pay an annual subscription fee as determined by the National Student Coordinating Committee.

 

  1. Dual or multiple memberships by members are permitted provided that the politics, ideological perspective, policies and programmes of the relevant organization are not in contradiction to those of the BLF-SM; and such dual membership must be approved by the National Coordination Committee of BLF-SM

 

  1. Unless an individual is a registered student at an institution of higher education or further education and training such a person shall not hold any BLF-SM executive position or represent the organisation on any structure.

 

 

Section 7: RIGHTS AND OBLIGATIONS OF MEMBERS

 

Rights

 

Every member of BLF-SM shall have the right:

 

  1. To vote at any BLF-SM elections in accordance with such rules and regulations.

 

  1. To vote in any elections held by BLF-SM in accordance with its rules and regulations.

 

  1. To be elected to any office in BLF-SM.

 

  1. To participate in meetings and other activities organized by BLF-SM.

 

  1. To actively participate in the consideration, discussion, formulation and implementation of the BLF-SM policies.

 

  1. To make and forward proposals, statements and or recommendations to the SCC or NSCC. Such proposals, statements and or recommendations shall in turn be transmitted by the receiver to the appropriate structure(s) or official(s).

 

  1. To obtain and disseminate any information regarding any aspect of BLF-SM policy and activities.

 

  1. To freely criticize any member, entity, policy program/perspective and or activity of BLF-SM within its structures without compromising the unity of action of BLF-SM. To this end each member shall take instructive note of the relationship between the freedom to criticize and the BLF-SM’s unity of action.

 

 

Duties

 

Every member of the BLF-SM shall have the duty:

 

  1. To be loyal to the BLF-SM.

 

  1. To observe and resort to the Policies, Resolutions, Decisions of the, SCC, NSCC and the Rules and Regulations and the provisions of the founding documents of BLF-SM.

 

  1. To constantly and continuously strive to raise the level of her/his own political consciousness and understanding of BLF-SM Policies, Resolutions, Rules and Regulations.

 

  1. To strengthen, promote and defend the BLF-SM and to popularize its politics, policies and programs.

 

  1. To conduct herself / himself honestly and honourably in dealing with the BLF-SM and the broader public and not to bring the movement into disrepute.

 

  1. To belong to and actively participate in the life of BLF-SM at her/his institution.

 

  1. To do all that is necessary to implement and defend the aims, objectives, policies, campaigns and programmes of BLF-SM.

 

  1. To inform and educate the people about the aims, objectives, policies, campaigns and programmes of BLF-SM.

 

  1. To constantly update and deepen her/his understanding of the national, continental and international political situations and to this end what needs to be done to address these problems.

 

  1. To combat liberalism and all other tendencies in the movement that are detrimental to the interests of BLF-SM.

 

  1. To fight against tribalism, regionalism, religious and cultural intolerance, the oppression of women and the oppression of all other gendered persons.

 

  1. To be a disciplined member of BLF-SM.

 

  1. To observe the required code of conduct, as reflected in this Constitution, when attending meetings of BLF-SM.

 

  1. To promptly register as a voter in the constituency in which s/he resides.

 

 

  1. Section Eight

 

Status

 

BLF-SM shall exist as an established structure in all tertiary and other institutions of higher education and training. It shall subscribe to the political line, ideological perspectives and leadership ethos of the Black First Land First Movement.

 

BLF-SM is a legal persona. Only the National Coordinating Committee shall have the authority to legally bind BLF-SM or for that matter to create any legal relationship between BLF-SM and any other person or entity. Any other person or entity purporting to legally bind BLF-SM shall produce an authorization in writing from one of the NCC Officials, which shall in turn reflect the extent of that person’s authority to so act. BLF-SM shall operate at National, Provincial, Regional and Branch level.

 

  1. Section Nine

 

National Imbizo

 

  1. Powers and duties of the National Imbizo (NI).

 

The NI is the highest decision making body of the BLF-SM in between Imbizos;  receives and considers the reports of the National Coordinating Committee, which in turn shall be presented by the President (Political report), the Secretary General (Organizational report) and the Treasurer General (Audited Financial report), and; deliberate on the policies and programs of the organization.

 

The NI shall have the power to elect or appoint any commission, committee or person(s) and to this end assign the necessary tasks and duties to such a commission, committee or individual(s) as the case may deem fit.

 

Furthermore the NI shall have the power to confer appropriate honours, associate membership, decorations and awards on members, organizations, individuals or other entities in recognition of their special role in realization of the black liberation project.

 

  1. Section Ten

 

National General Council (NGC)

 

  1. The NGC shall have the following powers and duties:

 

The NGC shall:

be held annually in between National Imbizos; assess the state of the organisation and any matter requiring the attention of the organisation.

A Political input (President), Organisational update (Secretary)  and financial update (Treasurer General) shall be presented on behalf of the NCC at the NGC.

The NGC is empowered to deliberate on major policy issues, directives and any other issue that is referred to it by the NCC. The National Imbizo shall ratify any decisions taken on policy issues by the NGC.

The NCC may convene a NGC when it so requires. It may also be convened,  when demanded in writing to the office of the Secretary General, by at least by two-thirds majority of the BFSM Provinces,

 

  1. Section Eleven

 

National Coordinating Committee (NCC)

 

  1. The National Coordinating Committee shall be comprised of the following portfolios to be filled via elections during the National Imbizo:

 

President

Deputy President

Secretary General

Deputy Secretary

Treasurer General

thirteen (13) additional members

 

  1. The NI or NCC may annually determine whether any of the portfolios shall be for designated fulltime officials of the organisation.

 

  1. All Provincial Chairpersons and Secretaries shall be members of the NCC on an ex officio basis and shall execute any task as authorized by the NCC or NWC, where applicable.

 

  1. In its first meeting the NCC shall allocate an appropriate portfolio to each of the additional members. Such portfolios would be at the discretion of the NCC and shall include, Media and Communications, Political Education and Training, International Relations, Gender, and Campaigns

 

  1. Section Twelve

 

Duties and powers of the National Coordinating Committee:

 

The NCC shall:

 

Be highest decision making body of the  BLF-SM in between the National Imbizos and in between NGC’s.  It leads the organization, in line with the prescripts of this Constitution.

 

Implement the decisions and instructions of the NI and NGC.

 

Ensure that the Provincial, Regional and Branch structures of the organization function effectively and democratically.

 

Manage and control all of the organization’s assets.

 

Receive the relevant reports from the Provinces.

 

Supervise the work of the organization.

 

Delegate such function(s) to the NWC, as it deems necessary.

 

Decide when necessary on other office bearers, apart from the Secretary General, who should be in the organisation on a full time basis.

 

Decide which branches of the organization qualify as special branches. Such special branches shall be required to have at least 15 members to constitute as a branch. Ordinarily 20 members shall constitute a branch.

 

Suspend or dissolve a PCC, by an absolute majority of its members present and voting in a meeting,  where such PCC has failed to comply with the Constitution.

 

 

  1. Section Thirteen

 

National Working Committee (NWC)

 

  1. Composition:

 

The President, Deputy President, Secretary General, Deputy Secretary General, Treasurer General and five other members of NCC elected in the first meeting of the NCC shall form the NWC

 

  1. Powers and duties of the NWC

 

The NWC shall:

 

Execute the decisions and instructions of the NCC,

Facilitate and ensure proper communication between provinces and the NCC,

Submit the necessary reports at each NCC meeting,

Coordinate and execute the routine administrative tasks of BLF-SM,

In consultation with the NCC the NWC may establish the necessary work groups or committees to facilitate the smooth and effective running of the NWC.

 

  1. Section Fourteen

 

Meetings of NCC and NWC

 

  1. The NCC meeting shall sit when:

 

It is convened by the Secretary General in consultation with the President;

It is requested by the NWC, or;

It is requested in writing to the Secretary General by at least two thirds majority of NCC members.

 

The President in consultation with NWC members shall convene a special NCC meeting on seventy two hour notice.

 

  1. The NWC meeting shall sit when:

 

It is convened by the Secretary General in consultation with the President or it is

requested in writing to the Secretary General by at least two thirds majority of NWC members.

The NWC shall sit at least once in every month.

 

  1. Section Fifteen

 

Duties and functions of the Officials

 

  1. President

 

The President shall:

 

Be the Convener of the Organisation,

Issue statements on behalf of the organisation and duly represent it whenever it may be necessary,

Preside at all meetings of the NCC.

Be an ex officio member of all standing committees of the NCC.

Be the signatory to the necessary financial transactions of the Organisation.

 

  1. Deputy President

 

The Deputy President shall:

 

Deputise the President and execute the  functions or duties entrusted to her/him by the NI, NGC, President, NCC or NWC.

Head, co-ordinate and lobby for BLF-SM policies in all areas of responsibility and at all levels.

Be responsible for disciplinary matters and the implementation of the disciplinary code of BLF-SM.

In the event of permanent unavailability or permanent incapacity of the President assume all the functions and duties of the President until the NI or NGC elects a new President.

In the event of permanent unavailability or permanent incapacity of the President and Deputy President, the NCC shall appoint an Acting President amongst NCC members in its next meeting, until the NI or NGC elects a new President. In this event the Secretary General shall assume all functions and duties of the President until the next meeting.

 

  1. Secretary General

 

The Secretary General shall:

 

Be the Chief Administrative Officer of the Organisation on a full time basis.

Keep a register of all members, branches and associate members.

Head the National Working Committee of the organisation

Be responsible for the incoming and outgoing correspondence of the organisation.

Keep the minutes of all NI, NGC’s, NCC’s, NWC’s and any other special meetings.

Liaise with other bodies for the purpose of facilitating  and improving relations,

Constitute standing Committees and delegate specific functions when necessary and devise standing operating rules for standing committees,

Co-ordinate all NCC Meetings.

Be a signatory to financial transactions of the Organisation.

In the event of the President and Deputy President not being available to execute their duties, assume the duties of the President and the Deputy President.

 

 

  1. Deputy Secretary General

 

The Deputy Secretary General shall:

 

Deputise the Secretary General and execute duties and functions given to her/him  by the NI, NGC, NCC, NWC or Secretary General

 

  1. Treasurer General:

 

The Treasurer General shall:

 

Liaise with the NCC and all PCC treasurers so as to ensure proper and efficient financial coordination of the organisation,

Open and operate banking accounts, in consultation with the President and Secretary General

Be the Head of the Finance Committee, which shall also be constituted of the President, Secretary General and any other member of the NCC who is not a member of the NWC.

Disburse and allocate monies for organisational projects and for any purpose approved by the NCC or NWC and also receive any money as may be due to the organisation on it’s behalf.

Keep records of all relevant applications for monies and produce an income and expenditure statement every three months or when it is deemed necessary.

Summon, if needs be a meeting of all Provincial Treasurers of the organisation to discuss any financial aspect,

Draw up an annual budget of the organisation to be presented to the NCC for approval

Prepare a financial statement of the organisation which in turn shall be audited before presentation to the NI.

Be responsible for all the income and expenditure of the Organisation

Be a signatory to all the financial transactions of the Organisation.

 

  1. Section Sixteen

 

Co-options to the NCC

 

The NCC, during its term of office, may (by absolute majority of its members present and voting in the meeting) co-opt a maximum of three additional members – at any time – so as  to present  a balanced representation that will reflect the character of the black students.

 

Should for any reason a vacancy occur in the NCC, the NCC shall (by absolute majority of its members present and voting in the meeting) appoint a replacement and accordingly fill the vacancy. Such appointments must not exceed four.

 

  1. Section Seventeen

 

Term of Office

 

  1. The NCC shall be elected once in every two (2) years at the NI

 

 

  1. Section Eighteen

 

Provinces

 

9.1 For purposes of BLF-SM structures, the country will be divided into the following provinces, which will be demarcated to correspond strictly to the provincial boundaries established in the South African Constitution:

 

  1. Eastern Cape;
  2. Free State;
  3. Gauteng;
  4. KwaZulu/Natal;
  5. Limpopo;
  6. Mpumalanga;
  7. North West;
  8. Northern Cape; and
  9. Western Cape.

 

9.2 The provincial headquarters shall be determined by the Provincial Imbizo.

 

  1. Section Nineteen

 

Provincial Imbizo

 

Powers and duties

 

The PI shall:

 

Be the highest decision organ in the Province, but subjected to the National Imbizo and the complete guidance of the NCC.

Receive and consider the reports of the PCC. The Provincial Chairperson, Secretary and Treasurer shall present the Political report, Organisational report and Financial report respectively.

Deliberate on proposed policy directives and to this end make recommendation(s) to the NI.

Elect the PCC.

Appoint any commission, committee and or individual(s) with specific guidelines and terms of reference.

Be attended by the branches, RCC and PCC of BLF-SM.

Promote and implement the resolutions, decisions and policies of the National Imbizo, NCC and NWC.

 

 

  1. Section Twenty

 

Provincial General Council (PGC)

 

Powers and duties

 

The PGC shall:

 

Be constituted of representatives from branches, RCC’s and PCC.

Be convened at least once in between the PI’s.

Review the program of action and make recommendations regarding policy to the NGC  or NI.

Fill any vacant positions and elect a new PCC when it it necessary.

Consider the Political update, Organisational update and Financial update presented to it by the Provincial Chairperson, Provincial Secretary and Provincial Treasurer respectively on behalf of the PCC.

Discuss and pronounce upon any issue it deems meet, including any other issue that os referred to it by the PCC.  Decide on any issue within its jurisdiction in line with the policies and directives of the National Imbizo, NGC, Provincial Imbizo or NCC.

Sit when convened by the PCC  or when demanded by a two thirds majority of branches in the Province in writing to the Provincial Secretary.

 

 

  1. Section Twenty One

 

Provincial Coordinating Committee (PCC)

 

The PCC shall consist of the following members:

 

Chairperson

Deputy Chairperson

Provincial Secretary

Deputy Provincial secretary

Provincial Treasurer

Five (5) additional members

 

  1. Regional Chairpersons and Regional Secretaries shall be members of the PCC on an ex officio basis.

 

  1. The PWC (Provincial Working Committee) shall be composed of the Provincial Chairperson, Deputy Chairperson, Provincial Secretary, Deputy Secretary and Provincial Treasurer.

 

  1. The PCC may (by absolute majority of its members present and voting in a meeting), suspend or dissolve a RCC and/or BCC, where the RCC and/or BCC has failed its compliance with the Constitution.

 

 

  1. Section Twenty -Two

 

Meetings of PCC and PWC

 

The PCC meeting shall sit when convened by the Provincial Secretary in consultation with the Provincial Chairperson; requested by at least two third majority of PCC members in writing to the Provincial Secretary, or; when requested by a PWC meeting.

 

  1. The PWC meeting shall sit when convened by the Provincial Secretary in consultation with the Provincial Chairperson, or; requested by at least two thirds majority of PWC members in writing to the Provincial Secretary.

 

The PWC shall sit once monthly.

 

 

  1. Section Twenty-Three

 

Co-options at the PCC

 

Should a vacancy occur on the PCC for whatever reason, the PCC shall have the powers to fill the vacancy by appointing a replacement. Such appointments must not exceed four.

 

 

  1. Section Twenty- Four

 

Term of Office

 

The PCC shall be elected once annually at the Provincial Imbizo.

 

 

  1. Section Twenty Five

 

Regional Coordinating Committee

 

The Regional Coordinating Committee (RCC) shall be constituted by:

 

Chairperson

Deputy Chairperson

Regional Secretary

Deputy Regional Secretary

Treasurer

Five (5) additional members.

 

The RCC shall:

 

Serve as a coordinating and administrative body in respect of branches that constitute it.

 

Be accountable to the PCC in respect of its functioning, perform duties delegated to it by the PCC, and execute the policies and programme of the organization in the region and do all that may be necessary in furtherance of the interest, aims and objectives of the organization.

 

Ensure that branches are launched and a database of membership within its jurisdiction is set up. Request and receive reports from the branches.

 

Convene the Regional General Council at least once in between Regional Imbizos.

 

Execute the decisions and instructions of the Provincial Imbizo, PGC, Regional Imbizo, RGC and PCC.

 

Submit reports to the PCC, Regional Imbizo or RGC as required on the state of the region and any such matter as may be specified or indicated.

 

Branch chairpersons shall be members of the Regional Coordinating Committee on an ex officio basis.

 

9 The RCC shall be elected annually once  at the Regional Imbizo.

 

 

  1. Section Twenty- Six

 

Branches.

 

  1. A branch shall consist of at least 20 members or any such number as the NI may decide.

 

  1. There shall be a Branch Coordinating Committee (BCC) at each institution were a branch exists,

 

  1. Each branch shall supervise the activities of the organisation within its jurisdiction, in line with the decisions of the upper structures including the policy positions and resolutions of Imbizos.

 

  1. The Branch Coordinating Committee shall set up a platform for members to democratically discuss and submit recommendations on matters of policy to the higher structures.

 

  1. Each branch may submit to the RCC, PCC, PGC, PI, NCC, NGC or NI, for consideration, any recommendation concerning the organisation,

 

  1. The Branch Coordinating Committee shall be elected in the Branch Annual General Meeting and shall be comprised as follows:

 

Chairperson

Deputy Chairperson

Branch Secretary

Branch Deputy Secretary

Branch Treasurer

Media and Publicity Secretary

Education Officer

Projects and Campaigns Officer

Gender Officer

Political Education Officer

 

  1. Within seventy-two hours after its election the BCC shall meet and allocate tasks and functions among its members so as to enable it to execute the routine activities of the Branch.

 

  1. The BCC shall meet at least once weekly.

 

 

  1. Section Twenty Seven

 

Branch General Meeting

 

The BGM shall be the highest decision making body in between AGM’s.

 

The BCC shall convene the BGM at least once monthly. The BCC shall also submit a comprehensive update on the state of the Branch to the Branch General meeting.

 

The BCC (or any person delegated by the BCC) shall give a comprehensive political input at every BGM.

 

The BGM shall ratify all co-options made by the BCC.

 

 

  1. Section Twenty – Eight

 

Co-options to the BCC.

 

The BCC shall co-opt a maximum of four members to fill vacant portfolios. Such co-option shall be ratified by the BGM.

 

 

  1. Section Twenty – Nine

 

Discipline.

 

The discipline and conduct of members shall be regulated and administered in terms of the prescripts of the Code of Conduct as adopted by the National Imbizo.

 

 

  1. Section Thirty

 

Quorum.

 

  1. The quorum of the NGC and the NI shall be a two third majority. If, within two hours of the appointed meeting time, a quorum has not been constituted, the meeting shall be adjourned for a time period of not more than twenty-four hours. If at the lapse of the said time period the quorum is still not met, the NGC or NI shall proceed on condition that at least five provinces are present at such meeting.

 

  1. The quorum for the meetings of all the other structures shall be by a simple majority. If the quorum has not been reached the meeting shall be adjourned for a time period of not more than four hours. If at the lapse of the said time period the quorum is still not formed such a meeting shall proceed on condition that one third of members is present at such a meeting.

 

 

  1. Section Thirty One

 

Removal from office

 

An office bearer shall cease to hold office if or when:

 

S/he ceases to be a student as required by this constitution.

The individual’s membership has not been confirmed by the organisation.

S/he resigns in writing to the office of the Secretary General

If s/he is prosecuted and imprisoned without an option of a fine.

NCC, PCC or BCC meeting may by absolute majority of its members present in a meeting suspend from office any member or representative appointed by it pending the outcome of a disciplinary hearing. To this end the BCC decision shall be ratified by the BGM.

S/he fails to attend three consecutive meetings of the Organisation without valid reason(s).

 

  1. Section Thirty Two

 

Quota

 

There shall be a minimum of 50% gender representation in the NCC, PCC, RCC and BCC

 

 

  1. Section Thirty -Three

 

Elections.

 

NCC members shall be elected at the NI,

PCC members shall be elected at the PI

RCC members shall be elected at the RI,

BCC members shall be elected at the Branch AGM.

 

 

  1. Section Thirty-Four

 

Independent Electoral Commission (IEC)

 

Functions of the IEC

 

To oversee and administer the entire elections process,

To ensure that the elections are free and fair,

Make the final decision relating to any allegation relating to any conduct  that may jeopardize free and fair elections,

Ensure that only branch delegates, RCC’s PCC’s and NCC shall be the only eligible voters through well established credentials at the commencement of Imbizo,

Address all grievances

Count and confirm the elections results.

The IEC shall comprise of a Chief Electoral Officer.

Regarding the NCC elections the Chief Electoral Officer shall submit the report of the elections at the first meeting of the NCC after the NI

 

  1. Nominations to the NCC

 

Nomination shall be by Provinces

 

For the nomination to be reflected in the final list, it must be supported by at least four Provinces or,

A name shall be reflected in the final list if it is raised from the floor and supported by at least one third of delegates.

 

  1. Nomination to the PCC

 

Nomination shall be by Branches

 

For the nomination to be reflected on the final list, it must be supported by at least one third majority of the all the branches present at the PI or,

A name shall be reflected  on the final list if it is raised from the floor and to this end supported by at least one third majority of delegates.

 

  1. Nomination to the RCC

 

Nomination shall be by Branches

 

For the nomination to be on the final list, it must be supported by at least one third majority of delegates present at the RI

 

  1. Nomination to the BCC

 

Nomination shall be by members of the Branch

 

The nomination must be supported by at least one third majority of members present at the AGM for it to stand.

 

  1. Balloting for the NCC

 

Balloting for the NCC shall occur as follows:

 

There shall be two ballot papers

 

The first ballot shall be for the President, Deputy President, Secretary General, Deputy Secretary General and Treasurer General,

 

The second ballot shall be for the other additional members provided as for in the Constitution,

Only members of the IEC and Provincial Secretaries shall be permitted at the voting and counting station(s). To this end the Provincial Secretaries shall have observer status only.

The  Chief Electoral Officer shall announce the results during Imbizo after counting the votes.

 

  1. Balloting for the PCC.

 

Balloting for the PCC shall occur as follows:

 

There shall be two ballot papers.

The first ballot shall be for the Provincial Chairperson, Provincial Deputy Chairperson, Provincial Secretary, Provincial Deputy Secretary and Provincial Treasurer.

The second ballot shall be for other additional members as provided for in the Constitution.

The Chief Electoral Officer shall announce the results during PI after counting the votes.

 

 

  1. Section Thirty-Five

 

Voting.

 

  1. Eligibility to vote

 

Voting at the NI shall be by delegates and the NCC

Imbizo shall be attended by delegates who have been democratically elected from the BGM

Voting at the PI shall be by Branch delegates, RCC and PCC

Voting at the branches shall be by branch members,

Voting at all meetings shall be by a show of hands unless the meeting decides to the contrary.

The term of office for elected members shall be one year for BCC, RCC and PCC.

The term of office for the NCC shall be two years.

Voting at the NI and PI shall be by branches who are in existence for not less than two months before the National or Provincial Imbizos.

Voting at the NI and PI shall be proportional to the number of members a branch has.

Voting at the AGM shall be by members who have joined not less than four weeks before the AGM.

 

 

 

  1. Eligibility to be elected

 

A individual shall be elected to the BCC provided s/he joined the Organisation at least four weeks before the AGM

A individual shall be elected in to NCC or PCC provided s/he joined the Organisation at least one year before the NI or PI.

 

 

  1. Section Thirty-Six

 

Grievances Regarding Elections

 

Any grievances regarding the elections must be made in writing to the IEC within twenty-four hours of the announcement of the results of the elections.

Such grievances must be supported by at least one third of branches present at the NI or PI.

The Chief Electoral Officer shall have the final decision on any grievance submitted.

In case of a finding that the grievance was justified, new elections shall be held within twelve hours.

 

 

  1. Section Thirty-Seven

 

Headquarters.

 

The location of the National Headquarters of the organization shall be determined by the NCC and endorsed by the National Imbizo.

 

 

  1. Section Thirty-Eight

 

Alumni and Convocation

 

Alumni and Convocation of the organisation shall be held.

 

 

  1. Section Thirty-Nine

 

Amendment to the Constitution

 

Any amendment to this constitution shall be submitted to National Imbizo for consideration and shall be passed by a vote of two-thirds majority.

 

 

  1. Section Forty

 

Dissolution

 

The National Imbizo  may decide to dissolve the BLF-SM and transfer its assets and liabilities in the manner as determined and instructed by the Imbizo, by means of a resolution adopted by a seventy-five percent (75%) majority of duly accredited delegates in good standing present and voting, with the provision that the NCC shall in the first place have received notice of such resolution from a structure of BLF-SM at least 12 months before it was voted on by such a Imbizo.

 

 

  1. Section forty One

 

Structure

 

The structure of the BLF-SM shall be as follows:

 

National Imbizo

National General Council

National Coordinating Committee

National Working Committee

Provincial Imbizo

Provincial General Council

Provincial Coordinating Committee

Provincial Working Committee

Regional Imbizo

Regional Coordinating Committee

Branch Annual General Meeting

Branch Coordinating Committee

Branch General Meeting

 

 

  1. Section Forty Two

 

Definition Clause

 

This clause deals with an explanation of each of the relevant terms and acronyms used in the Constitution

 

BLF-SM shall mean the Black First Land First Student Movement

 

NI shall mean the National Imbizo

 

NGC shall mean the National General Council

 

NCC shall mean the National Coordinating Committee

 

NWC shall mean the National Working Committee

 

PI shall mean the Provincial Imbizo

 

PGC shall mean the Provincial General Council

 

PCC shall mean the Provincial Coordinating Committee

 

PWC shall mean the Provincial Working Committee

 

RC shall mean the Regional Imbizo

 

RCC shall mean the Regional Coordinating Committee

 

AGM shall mean Annual General Meeting

 

BCC shall mean the Branch Coordinating Committee

 

BGM shall mean the Branch General Meeting

 

Ex officio member shall mean a member without voting powers

 

Simple majority shall mean fifty plus one

 

One third majority shall mean 33%

 

Two thirds majority shall mean 66%

 

Absolute majority shall mean two third majorities

 

IEC shall mean the Independent Electoral Commission

 

BLF-SM member shall mean any registered black student who has paid the required subscription fee.

 

Delegate shall mean any person who holds voting powers.

 

 

APPENDIX 1

 

The Colours and Logo of the Black First Land First Movement Student Movement

 

 

Explanation of The Colours and Logo of BLF-SM

 

  1. The Logo of Black First Land First Student Movement (BLF-SM) is the Sankofa Bird as a symbolism for understanding a people engaged in the struggle for freedom through the power of revolutionary historical lessons. In this regard we see how the Sankofa bird, while looking backwards, flies forward with an egg in its mouth.

 

  1. At the centre of the Sankofa’s wing is the five pointed red star. The five-pointed red star symbolizes socialism and the blood of blacks whose lives were lost through the anti blackness of white supremacy. Moreover the five points of the star represents the five continents and hence an internationalist outlook in pursuit of the total freedom of all the oppressed peoples of the world.

 

  1. The circle is colored in green to signify the Land and all the minerals beneath it that must be returned to the people.The circle itself, with it’s red outer and black inner boundary lines serves to protect the people engaged in revolution.

 

  1. The formation of the Sankofa bird into a black clenched fist signifies Black Power! This presupposes the solidarity of the black people.

 

  1. The formation of the bird’s feet into a fountain pen signifies the importance of revolutionary theory as a guide to action in revolutionary struggle.

 

 

APPENDIX 2

 

BLACK FIRST LAND FIRST STUDENT MOVEMENT

 

CODE OF CONDUCT

 

Administration Of Revolutionary Justice In The Black First Land First Student Movement (BLF-SM)

 

CONTENTS

 

Introduction

 

Aims And Objectives

 

CHAPTER 1

Revolutionary Discipline Code (Code)

(Sections 1 to 3)

 

CHAPTER 2

Disciplinary Procedure For BLF-SM Members

(Sections 4 to 18)

 

CHAPTER 3

Evaluation Of Evidence By The DC

(Sections 19 to 24)

 

CHAPTER 4

Guidelines On Factors To Be Considered By The Disciplinary Committee (DC) When Imposing An Appropriate Sentence On Any Member Who Has Been Found By The DC To Have Committed An Offence In Terms Section 2 Of The Revolutionary Discipline Code

(Sections 25 to 30)

 

CHAPTER 5

Allegations Must Be Backed Up: Guidelines

(Sections 31 to 35)

 

 

INTRODUCTION

 

BLF-SM is a black student organisation of South Africa and its strategic mission is to pursue revolutionary black first education in the context of destroying white supremacy and transforming society along black first socialist lines. To comply with the strategic mission of BLF-SM all its members have voluntarily joined accepting its political line, ideological perspective, policy directives, resolutions, decisions and revolutionary discipline.

 

To this end the BLF-SM’s character, philosophy of liberation and leadership ethos  as well as the basic rights and duties of all members are therefore set out in the Constitution.

 

This document accordingly serves to reinforce the fundamental principles of BLF-SM as already stated in the Constitution,

 

This Code of Conduct seeks to facilitate the smooth revolutionary administration and operation of BLF-SM in line with our unwavering commitment to realize our strategic mission and other revolutionary convictions.

 

Every BLF-SM member must study this code of conduct in conjunction with the Constitution and to this end internalize what does and does not constitute revolutionary conduct.

 

AIMS AND OBECTIVES

 

To promote and defend the principles of the organisation

To realize, promote and defend the rights of members

To put in place disciplinary a procedure that is just and fair

To create a tool for the attainment of revolutionary discipline in accordance with real and substantial justice.

To create an opportunity for complaints to be lodged and addressed.

To allow members who have been charged or in respect of who complaints have been lodged to To defend themselves

To ensure and promote the principle that any member accused of contravening this code of conduct shall be presumed innocent until proven guilty.

 

CHAPTER 1

Revolutionary Discipline Code (Code)

 

  1. This code in Chapter 1 is applicable to and binding on all members of BLF-SM.

 

  1. Any member who-

 

(a) without authority or contrary to the decision of the National Co-ordinating Committee (NCC) discloses the contents of any document as a result of which an unauthorised person becomes aware of the contents of any ducument, to the prejudice of the BLF-SM;

 

(b) absents her/himself from any meeting, gathering, conference, workshop or any other event, being so required to attend by the NCC or any branch or other component structure of the BLF-SM;

 

(c) assaults another member;

 

(d) wilfully defies any NCC and or National Imbizo Decision and or Resolution;

 

(e) steals any property belonging to BLF-SM ;

 

(f) steals any property belonging to another member;

 

(g) receives any property referred to in paragraph (e) or (f) knowing it to have been stolen;

 

(h) being responsible for stocks and or moneys of BLF-SM, negligently performs her/his tasks so as to cause any deficiency in such stocks and or moneys;

 

(i) makes any false accusation or statement against any other member or against the NCC or BLF-SM;

 

(j) by word(s), act or ommission to act causes actual or potential prejudice to good order and revolutionary discipline in BLF-SM,

 

shall be guilty of an offence and liable on conviction to any sentence as prescribed in section 3 hereunder

 

  1. Whenever a Disciplanry Committee (DC) convicts any member of any one or more of the offences as listed in section 2 above it shall impose upon the convicted member a sentence consisting of one of the following penalities-

 

(a) expulsion from BLF-SM;

(b) suspension from BLF-SM for a specified period;

(c) a fine; or

(d) a reprimand

 

CHAPTER 2

 

Disciplinary Procedure For BLF-SM Members:.

 

  1. All complaints are to be lodged with the BCC within 60 days of the date that the offence was allegedly committed by an BLF-SM member.

 

  1. The complainant must state the concise particulars of the offence allegedly committed by an BLF-SM member, including the date, time and place thereof and must where possible supply the BCC with supporting statements from all witnesses to the offence. The complaint together with the supporting statements must be reduced to writing.

 

  1. Within 10 days of receipt of the said complaint the BCC, being the Convening Authority (CA), shall set up a Disciplinary Committee (DC). The DC shall comprise of three members ie the co-ordinator and 2 assessors who shall in turn be appointed by the BCC

 

  1. The BCC when appointing the members of the DC should ensure that each appointee:

 

(a) Is not related to the accused or the complainant by affinity, marriage or blood in the first or second degree;

 

(b) Has no such knowlege concerning the facts of the matter that her/his decision is likely to be prejudiced thereby;

 

(c) Does not bear the accused such animosity that her/his decision is likely to be affected thereby;

 

(d) Has no personal interest in the proceedings.

 

  1. The co-ordinator of the DC shall within a reasonable time of convening the DC transmit to the member who is alleged by the complainant to have committed the offence a copy of the complaint and all supporting statements and call upon the alleged offender to respond to the complaint in writing within 10 days of receipt thereof. The alleged offender may corroborate her/his evidence by attaching written statements from all witnesses.

 

  1. The DC may in its discretion call for the evidence of further witnesses which it feels may assist it in coming to an appropriate finding in the case. This evidence must be reduced to writing by the witnesses and sent to the DC within 10 days of receipt of such request by the relevant witnesses. The DC shall then send the further evidence to both the complainant and the alleged offender and request that they respond thereto in writing within 5 days of receipt thereof.

 

10, The complainant shall thereafter and within 5 days lodge with the DC her/his reply to the alleged offenders response and the DC shall then serve a copy thereof on the alleged offender.

 

  1. The DC then evaluates the evidence and makes a finding and imposes an appropriate sentence on the offender in the circumstances where s/he was found to have committed the offence(s) as alleged. The decision of the majority of the DC shall be the decision of the DC.

 

  1. Sentences of suspension and expulsion from the BLF-SM shall not be executed until the finding and sentence have been considered and upheld by the NCC as the Appeal Authority. In this case the appeal is automatic.

 

  1. For all other sentences the offender may within 15 days after the finding furnish the NCC with written representations concerning the finding made and or sentence imposed by the DC and such representations shall together with the record of proceedings of the DC be duly considered by the NCC as the Appeal Authority.

 

  1. The decision of the NCC is binding unless overturned or varied by the National Imbizo on further appeal thereto.

 

  1. The entire process can be settled either on papers or orally or both on papers and orally as the relevant authority at each stage may require.

 

  1. The DC may, in circumstances calling for urgent action to be taken and where there are compelling reasons to grant such relief, find against and sentence a member provisionally and call upon her/him to show cause on a return date why the provisional finding and sentence should not be made final. .

 

  1. In the circumstances contemplated in Section 16 herein, the DC shall consist of one member appointed by the NCC.

 

  1. The outcome of the disciplinary hearing will be announced to members only.

 

CHAPTER 3

 

Evaluation Of Evidence By The DC

 

  1. In assessing the evidence before it the DC shall take instructive note of the following:

 

(a) The relevant facts that are not disputed by either the complainant or the alleged offender must be identified and accepted by the DC.

 

(b) All the other relevant evidence before the DC should then be assessed to determine its value to the case. This evidence is not to be evaluated in isolation but in totality, taking into consideration the undisputed facts.

 

(c) Once the evaluation of evidence has been finalised, the DC will then make its finding based on the evaluated evidence.

 

  1. In determining the value of evidence the DC shall inter alia consider the type of evidence, whether the complainant had any witnesses and the credibility and reliability of the witnesses.

 

  1. A distinction must be made between direct and circumstantial evidence. Direct evidence is where the witness makes direct submssions regarding the facts of the case. This type of evidence is regarded as strong evidence and significant value should therefore be attached to it. When assessing circumstantial evidence the DC is required to draw an inference since the witness has made no direct submission regarding the fact in issue. This type of evidence only provides indirect proof of a fact. Direct evident will generallly therefore carry more weight than circumstantial evidence.

 

  1. Although the DC may convict an offender of any offence on the evidence given by a single witness, it should however apply caution when evaluating this evidence as it is only this witness’s version against the version of the alleged offender that is before the DC.

 

  1. The cedibility of a witness can be decisive to the outcome of a case. When assessing evidence the DC must ask how credible or truthful each witness appears to be. To this end the DC must establish:

 

(a) whether the evidence of the witness was supported by the undisputed facts of the case;

 

(b) whether the witness contradicted her/himself and if so the nature of the contradictions must be established;

 

(c) whether there were inconsistencies in the evidence;

 

(d) whether the witness was evasie or candid ;

 

(e) whether the evidence appears to be true in the light of all the circumstances.

 

  1. Where an alleged offender fails or refuses to give evidence, the DC must not base its evaluation of such offender’s credibility on the fact that s/he did not give evidence but must decide whether the evidence of and in support of the complainant is sufficient to prove the guilt of the alleged offender. If such proof exists then failure or refual to give evidence in her/his case may lead the DC to draw a negative inference against the alleged offender.

 

CHAPTER 4

Guidelines On Factors To Be Considered By The Disciplinary Committee (DC) When Imposing An Appropriate Sentence On Any Member Who Has Been Found By The DC To Have Committed An Offence In Terms Section 2 Of The Revolutionary Discipline Code

 

  1. Before the DC imposes a sentence on an offender , it shall ascertain all the facts that may be relevant in arriving at a just sentence. There should be no standard punishment for a certain offence. Revolutionary conditions prescribe individualised punishments. The DC must evaluate all the facts that are aggravating (more severe) and mitigating (justifying) in respect of the sentence.

 

  1. Before elaborating on the factors the DC must consider before sentencing an offending member, it is important that we understand why that member must be punished. Punishment is a sanction that entails the BLF-SM community’s condemnation and disapproval of the offender and her/his conduct.

 

  1. We must apply retribution and not revenge, in other words the offender must experience harm proportionate to that which has been inflicted by that member. There is a sense of proportionality here, the sense that the punishment should fit the offence and not the offender..

 

  1. The sentence imposed must have the effect of deterring other would be offenders from commiting similar offences.

 

  1. Where there is material evidence that the offender has rehabiltated her/himself since the date of the commission of the offence that s/he is being sentenced for or if there are reasonable prospects that the offender will through the imposition of a certain sentence rehabilitate her/himself into a disciplined member of the BLF-SM, then in this event the punishment must fit the offender rather than letting the punishment fit the crime.

 

  1. Types of Sentences:

 

(a) Expulsion: The expulsion of a member from BLF-SM shall only be considered where the offence that the member was found by the DC to have committed is of a disgraceful and or treasonous nature and the reputation and or the image of the BLF-SM is tainted by her/his actions. Also where there is evidence that the offender is likely to continue commiting similar and or other offences unless restrained then the preventative measure of expulsion of the member from the BLF-SM shall be considered.

 

(b) Suspension: The suspension of a member from BLF-SM shall only be considered where the offence that the member was found by the DC to have committed is of a serious nature and there is clear evidence that the member has rehabilitated her/himself into a disciplined member of BLF-SM or where there are reasonable prospects of rehabilitation on the part of the member.

 

(c) Fine: when deciding on an amount the DC should decide on enough to punish the offender, but this should not serve to limit the member’s prospects of rehabilitation.

 

(d) Reprimand: this sentence is appropriate when the offence commited is not of a serious nature and there is clear evidence that the member has rehabilitated her/himself into a disciplined member of BLF-SM or where there are reasonable prospects of rehabilitation on the part of the member.

 

CHAPTER 5

 

Allegations Must Be Backed Up: Guidelines

 

  1. All members who make allegation(s) that bring or is likely to bring the good name and reputation of the movement or any of it’s members or any organ of the movement into disrepute, are urged to back such allegations up with the relevant solid facts or evidence.

 

  1. Failure to do so will amount to such unfounded allegations being viewed as mere fabrication of evidence so as to construct frivolous and vexatious cases.

 

  1. In this context it serves important to note that a frivolous case means one that is trivial or insignificant. A vexatious case refers to a case that is annoying and groundless.

 

  1. When a member making allegations does not act in good faith and merely wishes to annoy or embarrass another member or any organ of the movement etcetera and when such allegations are not calculated to lead to any practical result, such allegations will reduce the relevant case it serves to being nothing but frivolous and vexatious.

 

  1. The revolutionary principle that needs to be adhered to at all times is that: Allegations Must Be Backed Up Or Simply Not Made!