Table of Contents
PREAMBLE
INTERPRETATION
CHAPTER 1 (FUNDAMENTALS OF THE PARTY)
ARTICLE 1: NAME OF THE PARTY
ARTICLE 2: PARTY SYMBOL
ARTICLE 3: PARTY FLAG
ARTICLE 4: THE PARTY MOTTO
ARTICLE 5: SUPREMACY OF THE PARTY CONSTITUTION
ARTICLE 6: THE REGISTERED OFFICE
ARTICLE 7: PARTY AIMS AND OBJECTIVES
ARTICLE 8: PARTY PHILOSOPHY
CHAPTER 2 (MEMBERSHIP)
ARTICLE 9: QUALIFICATION FOR MEMBERSHIP
ARTICLE 10: ENROLMENT AND REGISTER OF MEMBERS
ARTICLE 11: CLASSES OF MEMBERSHIP
ARTICLE 12: RIGHTS AND DUTIES OF MEMBERS
ARTICLE 13: RESIGNATION, SUSPENSION, EXPULSION, FORFEITURE AND RE-APPLICATION FOR MEMBERSHIP
CHAPTER 3 (PARTY STRUCTURE AND ORGANIZATION)
ARTICLE 14: PARTY STRUCTURE
ARTICLE 15: PRINCIPAL PARTY ORGANS AND OTHER BODIES
ARTICLE 16: COMPOSITION OF THE NATIONAL DELEGATES CONFERENCE
ARTICLE 17: POWERS AND FUNCTIONS OF THE NATIONAL DELEGATES CONFERENCE
ARTICLE 18: MEETINGS, VOTING AND DECISIONS OF THE NATIONAL DELEGATES CONFERENCE
ARTICLE 19: COMPOSITION OF THE NATIONAL ADVISORY COMMITTEE
ARTICLE 20: POWERS AND FUNCTIONS OF THE NATIONAL ADVISORY COMMITTEE
ARTICLE 21: MEETINGS, VOTING, DECISIONS AND TENURE OF MEMBERS OF THE NATIONAL ADVISORY COMMITTEE
ARTICLE 22: COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE
ARTICLE 23: POWERS AND FUNCTIONS OF THE NATIONAL EXECUTIVE COMMITTEE
ARTICLE 24: MEETINGS, VOTING, DECISIONS AND TENURE OF MEMBERS OF THE NATIONAL EXECUTIVE COMMITTEE
ARTICLE 25: THE ELDERS COUNCIL
ARTICLE 26: THE NATIONAL WOMEN’S CONGRESS
ARTICLE 27: THE NATIONAL VETERANS CONGRESS
ARTICLE 28: THE NATIONAL YOUTH LEAGUE
ARTICLE 29: THE REGIONAL CONVENTION
ARTICLE 30: THE REGIONAL EXECUTIVE COMMITTEE
ARTICLE 31: THE DIASPORA
ARTICLE 32: THE DISTRICT CONVENTION
ARTICLE 33: THE DISTRICT EXECUTIVE COMMITTEE
ARTICLE 34: THE CONSTITUENCY CONVENTION
ARTICLE 35: THE CONSTITUENCY EXECUTIVE COMMITTEE
ARTICLE 36: THE WARD EXECUTIVE COMMITTEE
ARTICLE 37: THE POLLING CENTER EXECUTIVE
ARTICLE 38: THE PARLIAMENTARY GROUP
ARTICLE 39: THE LOCAL COUNCIL GROUP
ARTICLE 40: THE LEGAL TEAM
ARTICLE 41: THE PLANNING AND STRATEGY UNIT
ARTICLE 42: THE RESEARCH AND EDUCATION UNIT
ARTICLE 43: THE MEDIA UNIT
ARTICLE 44: THE INFORMATION, COMMUNICATION AND TECHNOLOGY (ICT) UNIT
ARTICLE 45: THE INTERNAL ELECTIONS MANAGEMENT COMMITTEE (I.E.M.C)
ARTICLE 46: THE NATIONAL ELECTIONS COORDINATING COMMITTEE (N.E.C.C)
ARTICLE 47: THE INDEPENDENT ELECTIONS COMPLAINT BOARD
ARTICLE 48: THE DISABLED WING
ARTICLE 49: THE NATIONAL UNION OF APC STUDENTS
ARTICLE 50: THE TASK FORCE
ARTICLE 51: ACCREDITED/AFFILIATED BODIES
CHAPTER 4 (PARTY ADMINISTRATION)
ARTICLE 52: NATIONAL PARTY OFFICERS
ARTICLE 53: PARTY LEADERSHIP
ARTICLE 54: THE NATIONAL PARTY SECRETARIAT
ARTICLE 55: POWERS AND FUNCTIONS OF NATIONAL SECRETARIAT OFFICERS
ARTICLE 56: INTERNAL AUDITOR
ARTICLE 57: TENURE OF OFFICE OF PARTY OFFICERS
ARTICLE 58: POWERS OF OFFICERS AT OTHER LEVELS
CHAPTER 5 (ELECTIONS)………………………………………………………………………………………………………………………
ARTICLE 59: GENERAL PROVISIONS
ARTICLE 60: ELECTION OF PARTY OFFICERS
ARTICLE 61: ELECTION OF PRESIDENTIAL CANDIDATE
ARTICLE 62: NOMINATION OF VICE-PRESIDENTIAL CANDIDATE
ARTICLE 63: NOMINATION OF PARLIAMENTARY AND LOCAL COUNCIL CANDIDATES
CHAPTER 6 (DISCIPLINE AND GRIEVANCE HANDLING PROCEDURES) …………………………………………………
ARTICLE 64: GENERAL PROVISIONS
ARTICLE 65: JURISDICTION OF DISCIPLINARY COMMITTEES
ARTICLE 66: FUNCTIONS OF DISCIPLINARY COMMITTEES
ARTICLE 67: CAUSES FOR DISCIPLINE
ARTICLE 68: SANCTIONS
ARTICLE 69: APPEALS
ARTICLE 70: TIMING
CHAPTER 7 (PARTY FINANCING) ……………………………………………………………………………………………………
ARTICLE 71: SOURCES OF FUNDING
ARTICLE 72: CUSTODY OF FUNDS
ARTICLE 73: FUND REGULATIONS
ARTICLE 74: FINANCIAL REPORTS
ARTICLE 75: AUDIT OF ACCOUNTS
CHAPTER 8 (MISCELLANEOUS PROVISIONS) ……………………………………………………………………….
ARTICLE 76: GENDER AND AFFIRMATIVE ACTION
ARTICLE 77: CONTRACTUAL CAPACITY
ARTICLE 78: COMMON SEAL
ARTICLE 79: PARTY MANIFESTO
ARTICLE 80: PARTY PUBLICATIONS
ARTICLE 81: VESTING RIGHTS AND OBLIGATIONS
ARTICLE 82: RULES AND BYE-LAWS
ARTICLE 83: INDEMNITY CLAUSE
ARTICLE 84: OATH OF OFFICE
ARTICLE 85: AMENDMENT OF CONSTITUTION
ARTICLE 86: REPEAL OF THE 5TH DECEMBER 1995 CONSTITUTION
ARTICLE 87: TRANSITIONAL PROVISIONS
ARTICLE 88: CONFIRMATION AND ADOPTION OF CONSTITUTION
SCHEDULES
DRAFT CONSTITUTION OF THE ALL PEOPLE’S CONGRESS
PREAMBLE
WHEREAS a political Party known as the All People’s Congress (APC) was founded on the 17th of October, 1960 with the aim of creating a society in which all citizens, regardless of class, tribe, color or creed, shall have equal opportunity and where there shall be no exploitation of man by man, tribe by tribe or class by class;
AND WHEREAS the Party has in recent years been governed by its Constitution of the 5th of December 1995 (hereinafter referred to as the Existing Constitution);
AND WHEREAS on the 20th May, 2018 the National Advisory Committee of the Party appointed a Nine – man Committee to investigate the circumstances leading to the Party’s performance at the 2018 Presidential Elections with a view to reconcile broken structures and relationships within the Party’s fabric, re – shape and re – design the Party’s narrative so as to make it a more formidable, united and progressive political entity, to defend the sanctity of democracy, to work together to achieve national reconciliation, economic and social reconstruction and respect for human rights and the rule of law, to mobilize like – minded Sierra Leoneans under the leadership of the Party to build a nation responsive to the aspirations of its people;
AND WHEREAS the National Advisory Committee acting on the recommendation in the Report of the Nine – man Committee for a thorough review of the Constitution of the 5th December 1995, constituted a Constitutional Review Committee on the 16th of November 2018 for this purpose;
AND WHEREAS the Constitutional Review Committee completed its mandate and submitted a Report and this Constitution;
BEARING IN MIND the applicable provisions enshrined in the Sierra Leone Constitution, and as set forth in the Political Parties Registration Commission Act and the Electoral Laws relating to regulation of political parties;
HOLDING the conviction that we are called upon by duty to lead our Nation and its most populous political Party for generations to come, against nepotism, corruption, ethnicity, lack of transparency and accountability and ethics, through the struggles and sacrifices of the aged, the women, the youths, the disabled, the students, the underprivileged, including workers, farmers marketers, professionals and technocrats, trade unions, social, cultural, religious, professional and political organizations for reconstruction and development;
NOW THEREFORE we the members of the All People’s Congress in fulfillment of our historic mandate to build a mass based democratic structure determined to render service at all levels of governance; and to build a nation which will guarantee equal opportunity for all, mutual and peaceful co – existence, eliminate all forms of discrimination and social injustice, promote the interest of minority and marginalized groups, render selfless service that will rekindle a deep sense of patriotism and nationalism; hereby make, enact and give the following Constitution to ourselves for effective administration of our Party and the promotion of its ideals, aims and objectives.
INTERPRETATION SECTION
In this Constitution unless the context otherwise requires: –
“Disabled” means a person who has a physical, sensory, mental or other impairment which has a substantial long-term effect on the person’s ability to carry out normal day-to-day activities.
“Register” means a primary register of members of the Party kept maintained and updated by the Party’s national secretariat containing unique identification numbers given to each member of the Party and any other Register of members kept at the Party Headquarters and/or by the Regional/District Executives and other organs so authorized by the Party.
“Special and Emergency situations” shall be limited to when the country is at war, force majeure, the death of the Party’s Presidential Candidate, the occurrence of a national natural disaster or epidemic that leads to the declaration of a National State of Emergency, coup d’état, civil strife or unrest affecting the whole or a large part of the country.
“Special and Emergency Meetings” are meetings other than the statutorily required meetings and they may be summoned by the Chairman or by a resolution signed by half of the members of the National Advisory Committee whenever they deem it necessary to respond to an urgent matter provided twenty – four hours’ notice is given, such notice to be signed by the Chairman or all the members requesting the meeting and clearly stating the object/s of the meeting and the time and place for the meeting. The notice of such meeting shall be communicated by the National Secretary General through email, short messaging system (SMS), a social media messaging platform, by actual delivery to the members, or any other efficient means of delivery.
“Youth” means a member who is between the age of 18 and 35 years.
Where the context so requires the use of the masculine gender shall include the feminine and/or neutral gender and the singular shall include the plural and vice versa whenever they should so apply.
CHAPTER 1:
FUNDAMENTALS OF THE PARTY
ARTICLE 1: NAME OF THE PARTY
The name of the Party shall be The All People’s Congress (hereinafter in this Constitution referred to as the “The Party” and with the abbreviation “APC”).
ARTICLE 2: PARTY SYMBOL
- The Symbol of the APC shall be a crest depicting 13 rays of a Red Rising Sun on a white background.
- Every Party Organization shall use the Party Symbol.
- No person aspiring for a Party or National position shall use the Party Symbol unless he has been formally awarded.
ARTICLE 3: PARTY FLAG
The Flag of the Party shall be white with the Party Symbol and Motto in the center.
ARTICLE 4: THE PARTY MOTTO
The Motto of the Party shall be Action, Progress and Commitment.
ARTICLE 5: SUPREMACY OF THE PARTY CONSTITUTION
Subject to the provisions of the Constitution of Sierra Leone, this Constitution shall be supreme, and its provisions shall have binding force on all members, organs and other bodies of the Party.
ARTICLE 6: THE REGISTERED OFFICE
The registered Headquarters of the Party shall be in Freetown, with offices in all regions in the Republic of Sierra Leone. Offices may be opened in all districts, constituencies and in the diaspora.
ARTICLE 7: PARTY AIMS AND OBJECTIVES
The aims and objectives of the Party shall be:
- To promote national unity, peace and reconciliation for the common goal of developing our nation.
- To safeguard the sovereignty and territorial integrity of Sierra Leone.
- To respect, obey and protect the Constitution and laws of Sierra Leone.
- To build a nation with common patriotism and loyalty in which the cultural, linguistic, gender and religious diversity of the people are recognized and respected.
- To foster sound socio – economic and political policies that guarantee to every citizen equal right before the law, equal opportunity and participation in politics and the enjoyment of the nation’s wealth.
- To participate in shaping the political will of the people.
- To promote and uphold the practice of internal democracy at all levels of the Party Organization.
- To win and sustain political power through democratic and constitutional means in order to pursue the Party’s agenda as provided for in the Party’s manifesto for a general election.
- To fill in candidates and canvass for votes for election to any public office as required under the Constitution and electoral laws of Sierra Leone.
- To build a free and democratic system of governance under which all citizens will be able to contribute to the welfare, peace and prosperity of our nation and keep its people free from dictatorship and oppression.
- To harness the full human and natural resources of the country and ensure even development of all Regions and Districts of the Country.
- To pursue national development programs and policies geared towards economic empowerment of the poor and disadvantaged people of society and encourage popular grassroots participation in the socio – economic and political life of the nation.
- To ensure and guarantee equitable participation of women in the socio – economic and political life of the nation as well as enhance their capacity to compete in an open, competitive, democratic and free environment.
- To give special attention to the youth and disabled including, catering for their social, moral, academic, physical, psychological, mental and total wellbeing.
- To work consciously to promote the development of science, technology, innovation and local enterprise.
- To foster, maintain and defend freedom of the media and open dissemination and interchange of ideas, subject to the laws of Sierra Leone.
- To co-operate or affiliate with any political or other organizations, locally or internationally, whose aims and objectives are in harmony with those of the Party and in conformity with the Constitution of Sierra Leone.
- To do anything ancillary or conducive to the attainment of the aforementioned aims and objectives.
- The Party abhors corruption and shall take appropriate measures against any member found guilty of a corrupt act.
ARTICLE 8: PARTY PHILOSOPHY
The Philosophy of the Party is “CONSTRUCTIVE NATIONALISM” which enjoins every Sierra Leonean to put the interest of Nation before self. The Party aspires to create a well-ordered society with equal protection and opportunity for all Sierra Leoneans regardless of race, color, creed, sex, religion, age, ethnic or regional origin, physical or other disabilities.
CHAPTER 2:
MEMBERSHIP
ARTICLE 9: QUALIFICATION FOR MEMBERSHIP
- A person is eligible for Party membership if he:
- is a citizen of Sierra Leone and has attained the age of eighteen;
- accepts this Constitution, the aims, objectives, principles, programs and discipline of the Party;
- is not a member of another political Party in Sierra Leone; and
- has paid the requisite membership fees prescribed by the Party.
- Associate membership shall be open to Sierra Leonean organizations that subscribe to the aims, objectives, policies and programs of the Party.
ARTICLE 10: ENROLMENT AND REGISTER OF MEMBERS
- Any person who satisfies the criteria set out in Article 9 of this Constitution may apply to the Party in a prescribed form to become a member.
- Any person who wishes to become a member of the Party may apply for membership in any district that he resides or hails from, or in any other branch of the Party.
- Application for membership shall be considered by the National Secretary General and/or the District Executive or branch in which the application is made.
- Every person shall, upon being enrolled, be issued with a membership card bearing the person’s name, address and constituency or external branch in which the person has been enrolled.
- A person shall only be deemed to be enrolled as a member of the Party on the date on which his name is entered into the Register.
- The Party shall maintain a Register of its members both physically and electronically.
ARTICLE 11: CLASSES OF MEMBERSHIP
There shall be four classes of membership:
- Honorary Foundation;
- Honorary Executive;
- Patrons;
ARTICLE 12: RIGHTS AND DUTIES OF MEMBERS
- Every member of the Party shall:
- have the right to participate fully in the activities of the Party provided such a member is current in his financial obligations to the Party and subject to rules and regulations governing such activities;
- have the right to vote and be voted into office or post of the Party during any election in accordance with this Constitution and subject to the rules and regulations of such election provided such a member is current in his financial obligations to the Party;
- have the right to be heard whenever his activities and conduct are in question and under consideration by the Party;
- Every member shall be obliged to:
- abide by the provisions of this Constitution as well as lawful rules and regulations, directives and decisions of the Party or any of its organs;
- promote the aims and objectives of the Party loyally and refrain from pursuing any cause of action which may be inconsistent with or inimical to the interest of the Party;
- accept the policies and programs of the Party;
- abide by and publicly uphold the decisions of the Party;
- carry out his duties faithfully and with honesty to the best of his ability;
- participate fully in the activities of the Party and ensure that the organs and bodies of the Party work effectively and accountably;
- pay dues and may give donations for special programs and activities as may be decided from time to time by the Party.
- No member shall initiate, commence, or prosecute any legal proceedings whatsoever against the Party or any other member of the Party relating to Party affairs, without first having exhausted the grievance handling procedure laid down in this Constitution in respect of grievances against the Party or any other member.
ARTICLE 13: RESIGNATION, SUSPENSION, EXPULSION, FORFEITURE AND RE-APPLICATION FOR MEMBERSHIP
- A member may resign from the Party upon delivering a letter addressed to the District Chairman or the National Secretary General of the Party declaring his decision to cease to be a member and forthwith surrender his membership card.
- A member may be suspended from the Party, or from holding any office in the Party, pending an inquiry into his conduct by the Disciplinary Committee. A decision to suspend a member shall not be taken unless the nature of the complaint has been communicated to the member in writing, and disciplinary proceedings have been initiated against such a member. The recommendation to suspend a member shall come from the Disciplinary Committee to the appropriate Executive Committee.
- No member shall be expelled from the Party unless such expulsion is effected in accordance with the provisions of Chapter 6 of this Constitution.
- A member of the Party who contests as an independent candidate against the official candidate of the Party or who joins or declares his or her support for another Political Party or its candidate, or for an independent candidate when the Party has sponsored a candidate in a general or by-election shall forfeit his membership of the Party provided that such a member is found liable by a Disciplinary Committee.
- Any person who ceases to be a member of the Party shall return to the Party any Party property in his custody or possession and shall forfeit any monies, dues or donations made to the Party.
- Whenever a person ceases to be a member of the Party through resignation, expulsion or forfeiture of membership, the person may reapply for membership of the Party subject to the provisions of Chapter 2 of this Constitution.
- The decision to re–admit a person to the Party shall be made by the National Advisory Committee.
CHAPTER 3:
PARTY STRUCTURE AND ORGANIZATION
ARTICLE 14: PARTY STRUCTURE
- The Party is a national Party and shall be structured and operated accordingly.
- There shall be seven levels of Party organization:
- The National;
- The Regional;
- The Diaspora;
- The District;
- The Constituency;
- The Ward;
- The Polling Center.
- Each of the levels of the Party structure shall have an Executive Committee.
ARTICLE 15: PRINCIPAL PARTY ORGANS AND OTHER BODIES
- The Party shall have the following principal organs:
- The National Delegates Conference (NDC);
- The National Advisory Committee (NAC);
- The National Executive Committee (NEC);
- The Elders Council;
- The National Women’s Congress;
- The National Veterans Congress;
- The National Youth League;
- The Regional Convention;
- The Regional Executive Committee;
- The Diaspora Convention;
- The Diaspora Executive Committee;
- The District Convention;
- The District Executive Committee;
- The Constituency Convention;
- The Constituency Executive Committee;
- The Ward Executive Committee;
- The Polling Center Executive Committee.
- The Party shall also consist of the following other bodies:
- The Parliamentary Group;
- The Local Council Group;
- The Legal Team;
- The Planning and Strategy Unit;
- The Research and Education Unit;
- The Media Unit;
- The Information, Communication and Technology (ICT) Unit;
- The Internal Elections Management Committee (IEMC);
- The National Elections Coordinating Committee (NECC);
- The Independent Elections Complaints Board;
- The Disabled Wing;
- The National Union of APC Students (NUAS);
- The Task Force;
- Affiliated/Accredited Bodies;
- Any other Standing or Ad – Hoc Committee (s) approved by the National Advisory Committee.
ARTICLE 16: COMPOSITION OF THE NATIONAL DELEGATES CONFERENCE
The National Delegates Conference shall consist of the following:
- Unless specifically provided otherwise in this Constitution, all Members of the National Advisory Committee, the National Officers of the Party, the National Executive Committee, the Regional and District Executive Committees, Members of Parliament belonging to the Party, Members of the Elders Council, Ministers and Ambassadors who are members of the Party when the Party is in governance;
- Fifteen delegates from the National Women’s Congress including the Leader and the Secretary;
- Fifteen delegates from the National Youth League including the Leader and Secretary and twenty delegates from the National Union of APC Students;
- Fifty delegates from the Diaspora (including a representative from all branches, chapters or geographical division as the case maybe;
- Fifteen delegates from the National Veterans Congress;
- Eight delegates from each constituency comprising the Constituency Chairman and Vice – Chairman, the Women’s Leader, the Veterans Leader, the Youth Leader, the Secretary, the Organizing Secretary and the Public Relations Officer;
- Fifteen delegates from the Legal Team;
- Five delegates from the Disabled Wing;
- Five delegates from the Task Force;
- Five APC Local Council members from each Local Council, including the Mayor/Chairperson of that Local Council;
- Ten former Members of Parliament;
- The NAC may invite accredited/affiliated individuals or organizations who have made special contributions to the Party or who have special skills or experience to attend the Conference. Such bodies or persons shall have observer status and shall be non – voting delegates.
ARTICLE 17: POWERS AND FUNCTIONS OF THE NATIONAL DELEGATES CONFERENCE
The National Delegates Conference shall have the following powers and perform the following functions:
- Be the supreme authority of the Party which shall, to the exclusion of all other organs of the Party have the power to amend or approve or adopt or reject the Constitution and overall policies, programs, budgets and action plans for the Party.
- To receive, discuss, adopt or reject the reports of the National Advisory Committee, the National Executive Committee, the National Officers including but not limited to the reports or remarks of the National Chairman, the National Secretary General, the Financial Secretary/Treasurer, the National Women’s Congress, the National Youth League, the National Veterans Congress, the Diaspora, the Legal Team and the Elders Council.
- It shall have the right and power to review, ratify, alter or rescind any decision taken by any constituent body/organ, unit or officials of the Party, including the evaluation of the performance of its officials.
- To dissolve and elect National officers of the Party.
- To endorse the composition of the membership of the National Advisory Committee.
- To elect the Party’s Flagbearer who shall become the presidential candidate at the Presidential Elections.
- To create and constitute any committee it may deem necessary to perform specific tasks and duties to advance the cause of the Party and assign such powers and functions it may deem necessary.
- Determine the type and composition of Standing Committees to be set up by the National Advisory Committee.
- It shall be the final arbiter of disputes brought to it on appeal from the National Disciplinary Committee.
- It may delegate any of its powers to the National Advisory Committee, except the power to elect the Flagbearer.
- In Special and Emergency situations, the National Advisory Committee shall perform the role and functions of the National Delegates Conference where it is not possible for a National Delegates Conference to be convened.
ARTICLE 18: MEETINGS, VOTING AND DECISIONS OF THE NATIONAL DELEGATES CONFERENCE
- The National Delegates Conference shall be convened at least once every three years at such a place and date as may be determined by the National Advisory Committee, provided that at least six months’ notice has been given.
- The National Secretary General shall, at least six months before the due date, send or publish notice convening the Conference, which said notice shall state the date and venue for the Conference.
- The National Secretary General shall circulate the agenda of the Conference at least 30 days before the date of the Conference.
- The National Secretary General shall publish a list of all the eligible delegates for the Conference not later than 21 days before the date of the Conference.
- An emergency National Delegates Conference may be convened as and when necessary at the request of the National Advisory Committee.
- Resolutions emanating from the constituent organs or bodies of the Party for consideration at the Conference shall be forwarded to the Secretary – General not less than twenty – one days before the date fixed for the Conference.
- The resolutions mentioned in Paragraph E above shall be circulated to the accredited delegates of the Conference not less than seven days before the date fixed for the Conference.
- Fifty percent plus one delegate shall form a quorum.
- Voting at the Conference shall be by secret ballot and in a manner to be determined by the rules and procedures of the Conference provided that every voting delegate shall have one vote.
- Party Administrative Staff with non-delegate status and invited non – voting individuals or organizations who may be in attendance shall not vote at the Conference.
- The National Advisory Committee shall make rules and procedures for the Conference subject to ratification by the National Delegates Conference.
- Decisions at the National Delegates Conference shall be in accordance with the rules and procedures of the Conference.
- Decisions reached and measures approved by the Conference shall be final and shall be binding on all Party organs, bodies and members.
ARTICLE 19: COMPOSITION OF THE NATIONAL ADVISORY COMMITTEE
- The National Advisory Committee shall consist of the following members:
- The National Chairman;
- The Deputy National Chairman;
- The National Leader
- The Deputy National Leader;
- The National Secretary General;
- The National Organizing Secretary;
- The National Financial Secretary;
- The National Publicity Secretary
- The National Treasurer
- The Chairman of the Elders Council;
- All Regional Chairmen;
- The Leader of the Diaspora;
- The Leader of the National Women’s Congress;
- The Leader of the National Veterans Congress;
- The Leader of the National Youth League;
- The National Legal Adviser;
- The National Leader of the Disabled Wing;
- Two ex- officio members of the NAC;
- Twelve non – executive members elected at the National Delegates Conference. The National Chairman of the Party shall be the chairman of the National Advisory Committee and the National Secretary General shall be its secretary.
- When the Party is in governance the President shall be the National Leader and the Vice President the National Deputy Leader.
- The Party’s flagbearer upon being elected by the National Delegates Conference shall be the National Leader and shall maintain such position if elected President of Sierra Leone.
- Where the Flag bearer fails to be elected President of Sierra Leone he shall relinquish the position of Leader six months after the final declaration of results notwithstanding any Petition filed in the Supreme Court or pursuant to any law; and such position shall remain vacant until another election for the Party’s presidential candidate is conducted pursuant to this Constitution.
- The Running mate to the Party’s flagbearer upon being appointed as such shall be the Deputy National Leader and shall maintain such position if elected Vice President of Sierra Leone.
- Where the Flag bearer fails to be elected President of Sierra Leone the Deputy National Leader shall relinquish the position of Deputy National Leader six months after the final declaration of results notwithstanding any Petition filed in the Supreme Court or pursuant to any law; and such position shall remain vacant until another election for the Party’s presidential candidate is conducted pursuant to this Constitution.
ARTICLE 20: POWERS AND FUNCTIONS OF THE NATIONAL ADVISORY COMMITTEE
The National Advisory Committee shall have the following powers and perform the following functions:
- It is the second highest decision-making organ of the Party.
- It shall perform all functions delegated to it by the National Delegates Conference.
- It shall make rules, regulations and procedures to govern the conduct of the Party and its members in line with the overall policies and programs of the Party as approved by the National Delegates Conference.
- It shall implement or delegate the implementation of all policies,
resolutions, directives, decisions and programs enunciated by the
National Delegates Conference.
- Where necessary, it shall set up new organs, committees, institutions, commissions and enterprises in the name and on behalf of the Party.
- It shall supervise any Body set up to oversee the conduct of any Party or national elections.
- It may recommend to the National Delegates Conference for the removal, re – scheduling, suspension or sanction of any or all powers or functions of any organ or body of the Party.
- It shall convene the National Delegates Conference in ordinary and/or in emergency situations.
- It shall formulate the agenda, procedures and regulations for the business of the National Delegates Conference.
- In Special and Emergency situations, it shall perform the roles and functions of the National Delegates Conference where it is reasonably impossible to convene a National Delegates Conference. In such cases, not less than half of its members including a representative from each political region shall constitute a quorum.
ARTICLE 21: MEETINGS, VOTING, DECISIONS AND TENURE OF MEMBERS OF THE NATIONAL ADVISORY COMMITTEE
- The National Advisory Committee shall be convened at least once every three months.
- The National Chairman shall convene the meetings of the National Advisory Committee upon giving seven days’ notice to its members, such notice to be issued and distributed by the National Secretary General. One third of its members may resolve in writing to summon an ordinary meeting of the National Advisory Committee.
- A Special and Emergency National Advisory Committee meeting may be summoned by the National Chairman or half of the members of the National Advisory Committee.
- In the absence of the National Chairman, the Deputy Chairman shall preside and in the absence of both, a member elected by the members present shall preside at that meeting.
- The quorum for meetings shall be one – third of its members.
- At ordinary meetings, decisions of the National Advisory Committee shall be by a simple majority and two – thirds majority at Special and Emergency meetings.
- Decisions of the National Advisory Committee are binding on all subordinate organs, bodies and members of the Party.
- The tenure of office of the members of the National Advisory Committee shall terminate upon dissolution at the National Delegates Conference.
ARTICLE 22: COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee shall consist of the following members:
- The National Chairman and his Deputy;
- The National Secretary General and Deputy;
- The District Chairmen;
- The National Organizing Secretary and Deputy;
- The National Publicity Secretary and Deputy;
- The National Legal Adviser and Deputy;
- The National Women’s Congress Leader and Deputy;
- The National Veterans Congress Leader and Deputy;
- The National Youth League Leader and Deputy;
- The Leader of the Disabled Wing and Deputy.
ARTICLE 23: POWERS AND FUNCTIONS OF THE NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee shall:
- assist the National Advisory Committee in the general supervision of the running of the Party at all levels.
- ensure that decisions and policies of the National Advisory Committee are duly executed as well as take such measures as may be necessary to ensure proper functioning of the Party.
- discuss all matters emanating from the Districts.
- make recommendations for the consideration of the National Advisory Committee.
ARTICLE 24: MEETINGS, VOTING, DECISIONS AND TENURE OF MEMBERS OF THE NATIONAL EXECUTIVE COMMITTEE
- The National Executive Committee shall be convened at least once every two months.
- The National Chairman shall be the chairman of the Committee and shall convene Committee meetings upon giving seven days’ notice to its members, such notice to be issued and distributed by the National Secretary General.
- An emergency National Executive Committee meeting may be convened by the National Chairman or by a resolution endorsed by not less than one – third of its members upon giving twenty – four hours’ notice.
- In the absence of the National Chairman and his deputy a member elected by the members present shall preside at that meeting.
- The quorum for meetings shall be one – third of its members.
- At ordinary meetings, decisions of the Committee shall be by a simple majority and two – thirds majority at Special and Emergency meetings.
- Decisions of the National Executive Committee are binding on all subordinate organs, bodies and members of the Party.
- The tenure of office of the members of the National Executive Committee shall terminate upon dissolution at the National Delegates Conference.
ARTICLE 25: THE ELDERS COUNCIL
- There is hereby established an Elders Council which shall be the conscience of the Party, comprising, elders, highly experienced and respectable members of high standing in the Party with proven service to the Country and/or the Party who have contributed significantly to the welfare and progress of the Party including but not limited to former Presidents and vice – Presidents, former National Chairmen and Leaders and their deputies, former Speakers of Parliament, former National Party Secretary Generals, former Party Leaders in Parliament.
- The membership of the Elders Council shall not exceed 21 at any given time.
- Membership to the Elders Council shall be on the invitation of the National Advisory Committee.
- They shall elect their own chairman and other officers and make their own rules and regulations which are not inconsistent with this Constitution.
- The Elders Council may be called upon from time to time to:
- Mediate disputes and differences among members and/or Party organization;
- Share ideas and give general advice for the improvement and/or running of the Party;
- Assist in raising funds for the Party.
ARTICLE 26: THE NATIONAL WOMEN’S CONGRESS
- The National Women’s Congress is hereby established as a special organ within the Party which promotes the policies and programs of the Party amongst women.
- Every female member of the Party shall be eligible for membership to the National Women’s Congress.
- The National Women’s Congress shall develop rules and regulations to govern its activities, subject to the approval of the National Advisory Committee, such rules and regulations not to be inconsistent with this Constitution.
- The National Women’s Congress shall be responsible to:
- Recruit women into the membership of the Party;
- Cater for the activities and interests of female members of the Party;
- Cultivate and mobilize the support of women for the Party before, during and after elections;
- Raise public and Party awareness on gender and children’s issues;
- Promote policies of/or for the Party that will realize the full potential of women and children;
- Raise funds for the Party;
- Affiliate with political and non- political women’s groups.
- The National Women’s Congress shall hold a special conference for the election of its officers once every three (3) years at a date to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The elective positions at the special conference shall be consistent with those of the National officers..
- The Constituency, District Regional Women’s Leaders and the National officers of the Women’s Congress shall constitute the voting delegates at the special conference.
ARTICLE 27: THE NATIONAL VETERANS CONGRESS
- The National Veterans Congress is hereby established as a special organ within the Party which promotes the policies and programs of the Veterans of the Party.
- Any member who has actively served the Party for over fifteen continuous years may opt to be a member of the National Veterans Congress.
- The National Veterans Congress shall develop rules and regulations to govern its activities, subject to the approval of the National Advisory Committee, such rules and regulations not to be inconsistent with this Constitution.
- The National Veterans Congress shall be responsible to:
- Cater for the activities and interests of the Veterans of the Party nationwide;
- Cultivate and mobilize the support of Veterans and the elderly for the Party before during and after elections;
- Promote policies of/or for the Party that will realize the full potential of the veterans and elderly;
- Raise funds for the Party;
- Affiliate with political and non – political veteran groups;
- Assist the Elders Council in mediating disputes and differences among members and/or Party organization.
- The National Veterans Congress shall hold a special conference for the election of its officers once every three (3) years at a date to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The elective positions at the special conference shall be consistent with those of the National officers.
- The Constituency, District, Regional Veteran Leaders and the National officers of the Veterans Congress shall constitute the voting delegates at the special conference.
ARTICLE 28: THE NATIONAL YOUTH LEAGUE
The National Youth League is hereby established as a special organ of the Party which promotes the policies and programs of the Party amongst youths.
- Membership of the National Youth league shall be open to all citizens who have attained the age of Eighteen (18) but not above Thirty-Five (35).
- The National Youth League shall be a training ground for future leaders of the Party.
- The National Youth League shall develop rules and regulations to govern its activities, subject to the approval of the National Advisory Committee, such rules and regulations not to be inconsistent with this Constitution.
- The National Youth League shall be responsible to:
- Recruit Youth into the membership of the Party;
- Cater for the activities and interests of Youth members of the Party;
- Raise awareness within and without the Party on the problems, challenges and opportunities for the Youth;
- Cultivate and mobilize the support of the Youth for the Party before during and after elections;
- Raise funds for the Party;
- Promote policies that will realize the full potential of the Youth;
- Affiliate with other political and non – political youth groups;
- Supervise the activities of the National Union of APC Students (NUAS).
- The National Youth League shall hold a special conference for the election of its officers once every three (3) years at a date to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The elective positions at the special conference shall be consistent with those of the National officers.
The Constituency, District, Regional Youth Leaders, the National Executive of NUAS and the National officers of the Youth League shall constitute the voting delegates at the special conference.
ARTICLE 29: THE REGIONAL CONVENTION
- There shall be a Regional Convention for each of the regions into which the Country is divided.
- The Regional Convention shall consist of the following:
- The Regional Chairman;
- Members of the Regional Executive Committee;
- All District Chairmen in that Region;
- Members of each District Executive Committee;
- The Regional Convention shall meet to transact any of the following business:
- Advance and promote Party objectives, decisions and ideology within their respective regions;
- Discuss and approve programs and budget of the Party for the region;
- Elect officers of the Regional Executive Committee;
- Receive and deliberate on reports of officers of the Party at regional level;
- Receive and deliberate on reports of auditors at the regional level;
- Any other function that may be referred to it by a higher organ of the Party.
- A Regional Convention shall be held once every three (3) years at a date and place to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The quorum for the Regional Convention shall be one – third of its members provided that two – thirds of all the districts in the region are represented.
- A special or emergency Regional Convention may be summoned at any time at the request of the Regional Executive Committee subject to the approval of the National Advisory Committee.
- Decisions of the Regional Convention shall be by a simple majority and by two – thirds majority at Special and Emergency Conventions.
- Election of officers at the Regional Convention shall be conducted by the Internal Elections Management Committee and the National Executive Committee.
ARTICLE 30: THE REGIONAL EXECUTIVE COMMITTEE
- Every Region shall have a Regional Executive Committee which shall be the coordinating structure of the Party within that region.
- The Regional Executive Committee shall consist of the following:
- The Regional Chairman;
- The Deputy Chairman;
- The Secretary;
- The Assistant Secretary;
- The Organizing Secretary;
- The Deputy Organizing Secretary;
- The Public Relations Officer;
- The Deputy Public Relations Officer;
- The Regional Legal Adviser;
- The Treasurer;
- The Assistant Treasurer;
- The Financial Secretary;
- The Regional Women’s Leader;
- The Deputy Regional Women’s Leader;
- The Regional Veterans Leader;
- The Deputy Regional Veterans Leader;
- The Regional Youth Leader;
- The Deputy Regional Youth Leader;
- The Regional Task Force Leader;
- The Deputy Regional Task Force Leader;
- The Sitting Members of Parliament within that region who are members of the Party;
- The Mayor or Chairman of the Local Council within that Region who is a member of the Party;
- Chairmen of District Executive Committees;
- Three ex – officio members elected at the Regional Convention one of whom shall be the immediate past Regional Chairman.
- The Regional Executive Committee shall:
- Organize, implement and coordinate Party policies and programs at the Regional Level;
- Receive and consider reports from the Regional Secretary, Treasurer and Financial Secretary;
- Prepare the annual Regional Budget;
- Oversee the District Executive Committees;
- Consider matters referred to it by its constituent District Executive Committees;
- Perform any other function (s) delegated to it by a higher organ of the Party.
- The Regional Executive Committee shall meet once every three months or at any other time at the request of the Regional Chairman or one – third of its members subject to adequate notice been given.
- Its quorum for meetings shall be one – third of its members and decisions shall be by a simple majority.
- Its decisions shall be binding on all subordinate organs, bodies and members of the Party.
ARTICLE 31: THE DIASPORA
- There shall be established external branches and chapters of the Party in the diaspora whose activities shall be governed by the provisions of this Constitution.
- Any group of Party members in any country abroad may constitute themselves into an external branch subject to the approval of the National Advisory Committee.
- The minimum number of members to qualify as an external branch shall be 50 or such number as may be determined from time to time by the National Advisory Committee.
- The minimum number of members to qualify as an external chapter shall be 25 or such number as may be determined from time to time by the National Advisory Committee.
- For the purposes of this Constitution, the Diaspora shall be considered as a Region of the Party and, where applicable and not inconsistent with other provisions of this Constitution, the provisions relating to a Regional Convention and Regional Executive Committee shall apply.
- An external branch in any country shall be considered as a District within the Diaspora and, where applicable and not inconsistent with other provisions of this Constitution, the provisions in this Constitution relating to a District Convention and District Executive Committee shall apply.
- Where there are several chapters established in one country, they shall all together be considered as one branch with each considered as a constituency within that branch. Where applicable and not inconsistent with other provisions of this Constitution, the provisions in this Constitution relating to Constituency Convention and Constituency Executive Committee shall apply.
- The branches and chapters of the Diaspora may develop rules and regulations to meet specific local requirements to govern their activities, such rules and regulations not to be inconsistent with this Constitution.
ARTICLE 32: THE DISTRICT CONVENTION
- There shall be a District Convention for each of the districts into which the Country is divided. For the purposes of this Constitution the Western Area shall constitute two districts namely: Western Area Urban and Western Area Rural.
- The District Convention shall consist of the following:
- The District Chairman;
- Members of the District Executive Committee;
- All Constituency Chairmen in that District;
- Members of each Constituency Executive Committee;
- The District Convention shall meet to transact any of the following business:
- Discuss and approve programs and budget of the Party for the district;
- Elect officers of the District Executive Committee;
- Receive and deliberate on reports of officers of the Party at the district level;
- Receive and deliberate on reports of auditors at the district level;
- Any other function that may be referred to it by a higher organ of the Party.
- The District Convention shall be held once every three (3) years at a date and place to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The quorum for the District Convention shall be one – third of its members provided that two – thirds of all the constituencies in the district are represented.
- A special or emergency District Convention may be summoned at any time at the request of the District Executive Committee subject to the approval of the National Executive Committee.
- Decisions of the District Convention shall be by a simple majority and by two – thirds majority at Special and Emergency Conventions.
- Election of officers at the District Convention shall be conducted by the Internal Elections Management Committee and the Regional Executive Committee.
ARTICLE 33: THE DISTRICT EXECUTIVE COMMITTEE
- Every district shall have a District Executive Committee which shall be the coordinating structure of the Party within that district.
- The District Executive Committee shall consist of the following:
- The District Chairman;
- The Deputy Chairman;
- The Secretary;
- The Assistant Secretary;
- The Organizing Secretary;
- The Deputy Organizing Secretary;
- The Public Relations Officer;
- The Deputy Public Relations Officer;
- The Treasurer;
- The Assistant Treasurer;
- The Financial Secretary;
- The District Women’s Leader;
- The Deputy District Women’s Leader;
- The District Veteran Leader;
- The Deputy District Veterans Leader;
- The District Youth Leader;
- The Deputy District Youth Leader;
- The District Task Force Leader;
- The Deputy District Task Force Leader;
- The Sitting Members of Parliament within that district;
- The Mayor/Chairman within that district, if a member of the Party;
- Chairmen of Constituency Executive Committees;
- Three Ex Officio members elected at the District Convention one of whom shall be the immediate past District Chairman.
- The District Executive Committee shall:
- Organize, implement and coordinate Party policies and programs at the District Level;
- Receive and consider reports from the District Secretary and Treasurer (financial secretary where applicable);
- Prepare the annual District Budget;
- Oversee the Constituency Executive Committees;
- Consider matters referred to it by its constituent Constituency Executive Committees including the settlement of disputes;
- Perform any other function(s) delegated to it by a higher organ of the Party.
- The District Executive Committee shall meet once every month or at any other time at the request of the District Chairman or a resolution in writing of one – third of its members subject to adequate notice been given.
- Its quorum shall be one – third of its members and decisions shall be by a simple majority.
- Its decisions shall be binding on all subordinate organs, bodies and members of the Party.
ARTICLE 34: THE CONSTITUENCY CONVENTION
- There shall be a Constituency Convention for each of the constituencies into which the Country is divided.
- The Constituency Convention shall consist of the following:
- The Constituency Chairman;
- Members of the Constituency Executive Committee;
- The Ward Chairmen in that Constituency;
- Members of each Ward Executive Committee;
- The Constituency Convention shall meet to transact any of the following business:
- Discuss and approve programs and budget of the Party for the constituency;
- Elect officers of the Constituency Executive Committee;
- Receive and deliberate on reports of officers of the Party at the constituency level;
- Receive and deliberate on reports of auditors at the constituency level;
- Any other function that may be referred to it by a higher organ of the Party.
- The Constituency Convention shall be held once every three (3) years at a date and place to be announced by the National Secretary General, such date to be a date at least three months before the National Delegates Conference.
- The quorum for the Constituency Convention shall be one – third of its members provided that all wards within the constituency are represented.
- A special or emergency Constituency Convention may be summoned at any time at the request of the Constituency Executive Committee subject to the approval of the National Executive Committee.
- Decisions of the Constituency Convention shall be by a simple majority and by two – thirds majority at Special and Emergency Conventions.
- Election of officers at the Constituency Convention shall be conducted by the Internal Elections Management Committee and the District Executive Committee.
ARTICLE 35: THE CONSTITUENCY EXECUTIVE COMMITTEE
- Every Constituency shall have a Constituency Executive Committee which shall be the coordinating structure of the Party within that constituency.
- The Constituency Executive Committee shall consist of the following:
- The Chairman;
- The Deputy Chairman;
- The Secretary;
- The Assistant Secretary;
- The Organizing Secretary;
- The Deputy Organizing Secretary;
- The Treasurer;
- The Assistant Treasurer;
- The Public Relations Officer;
- The Deputy Public Relations Officer;
- The Constituency Women’s Leader;
- The Deputy Constituency Women’s Leader;
- The Constituency Veterans Leader;
- The Deputy Constituency Veterans Leader;
- The Constituency Youth Leader;
- The Deputy Constituency Youth Leader;
- The Sitting Member of Parliament if he is a member of the Party;
- Councilors within the Constituency if they are members of the Party;
- The Constituency Executive Committee shall have the power to establish other offices as it may deem necessary.
- The Constituency Executive Committee shall:
- Organize, implement and coordinate Party policies and programs at the constituency Level;
- Identify and discuss political, economic and social issues of concern to the constituency;
- Engage in membership drive;
- Provide support to Party candidates and the Party;
- Develop strategies for campaigns, planning and development;
- Engage in registration and mobilization of voters for elections and monitor the entire electioneering process;
- Supervise the Ward Executive Committees and the Polling Center Executive Committees;
- Perform any other function(s) delegated to it by a higher organ of the Party.
- The Constituency Executive Committee shall meet once every month or at any other time at the request of the Constituency Chairman or one – third of its members subject to adequate notice been given.
- Its quorum shall be one – third of its members and decisions shall be by a simple majority.
- Its decisions shall be binding on all subordinate organs, bodies and members of the Party.
ARTICLE 36: THE WARD EXECUTIVE COMMITTEE
- There is hereby established Ward Executive Committees in every ward into which the Constituency is divided. They shall coordinate the programs and activities of the Party within the Ward.
- The Ward Executive Committee shall consist of the following:
- The Chairman;
- The Deputy Chairman;
- The Secretary;
- The Organizing Secretary;
- The Treasurer;
- The Public Relations Officer;
- The Ward Women’s Leader;
- The Ward Veteran Leader;
- The Ward Youth Leader;
- The Sitting Councilor of that ward if he is a member of the Party;
- The Constituency Executive Committee shall have the power to establish other offices for the ward as it may deem necessary, such offices to be filled by election
- The Ward Executive Committee shall:
- Organize, implement and coordinate Party policies and programs at the Ward Level;
- Identify and discuss political, economic and social issues of concern to the ward;
- Engage in membership drive;
- Provide support to Party candidates and the Party;
- Develop strategies for campaigns, planning and development within the ward;
- Engage in registration and mobilization of voters and monitor the entire electioneering process;
- Supervise the Polling Center Executive Committees within the ward;
- Engage in door – to – door campaigns with the Polling Center Executive;
- Perform any other function(s) delegated to it by a higher organ of the Party.
- The Constituency Executive Committee shall be responsible for the election of members of the Ward Executive Committee.
- The Ward Executive Committee shall meet at any time at the request of the Ward Chairman or the Constituency Chairman or one – third of its members subject to adequate notice been given.
- Its quorum shall be one – third of its members and decisions shall be by a simple majority.
ARTICLE 37: THE POLLING CENTER EXECUTIVE
- There is hereby established a Polling Center Executive within the area covered by every Polling Center established by the National Electoral Commission for the purposes of voter registration and/or elections.
- Its membership shall be limited only to members resident and registered for voting purposes within a Polling Center.
- It shall consist of a Chairman and such other members appointed by the Constituency Executive Committee in consultation with the Ward Executive Committee. They may be assisted by such other officers as the Constituency Executive Committee may deem necessary.
- The Polling Center Executive shall be responsible for the following:
- Propagating Party policies and programs within the Polling Center area and to persons registered at the Polling Center;
- Engage in registration and mobilization of voters within the Polling Center and monitor the entire electioneering process;
- Identify and put together a list of persons registered in a Polling Center to serve as polling agents;
- Engage in door – to – door campaign and one – on – one engagement with persons registered in a polling center;
- Communicate challenges within the Polling Center with the Ward Executive Committee and/or the Constituency Executive Committee;
- Perform any other function(s) assigned to them by the Ward Executive Committee.
- The Polling Center Executive shall meet at any time at the request of the Constituency Chairman or the Polling Center Executive Chairman or one – third of its members subject to adequate notice been given.
ARTICLE 38: THE PARLIAMENTARY GROUP
- There is hereby established a Parliamentary Group to be composed of the Party’s Members of Parliament.
- It shall make its own rules and regulations to govern its activities, such rules and regulations not to be inconsistent with this Constitution.
- It shall seek the Party’s interest in Parliament and keep it informed on parliamentary programs. It shall also seek the interest of the members of the Parliamentary Group within the Party.
- The Leader, the Deputy Leader, the Chief Whip, the Deputy Whip and the Spokesperson of the Parliamentary Group shall be appointed by the National Advisory Committee in consultation with the members of the Parliamentary Group.
- The National Advisory Committee shall review the performance of the Leadership and membership of the Parliamentary Group and take appropriate decision.
ARTICLE 39: THE LOCAL COUNCIL GROUP
- There is hereby established a Local Council Group to be composed of Party Members elected as Mayors, Chairmen and Councilors.
- It shall seek the Party’s interest and keep it informed on local council matters and promote their interest, programs and concerns to the Party.
- It shall make its own rules and regulations to govern its activities; such rules and regulations not to be inconsistent with this Constitution.
- It shall have sub – divisions within every District consisting of Chairmen and Councilors of each District.
- It shall also have a national body comprising of Mayors and Chairmen.
ARTICLE 40: THE LEGAL TEAM
There is hereby established a Legal Team headed by the Legal Adviser of the Party and consisting of all lawyers who are members of the Party. It shall be responsible for providing legal advice, assistance and representation to the Party and its Members relating to Party activities. It shall support other Organs or Bodies of the Party in developing their rules and regulations.
ARTICLE 41: THE PLANNING AND STRATEGY UNIT
There is hereby established a Unit to be called the Planning and Strategy Unit responsible for the overall medium- and long-term planning, strategy and development programs of the Party based on its general principles and guiding philosophy. It shall be composed of the National Secretary General as the Chairman and such other members with relevant expertise and experience as may be appointed by the National Advisory Committee; such membership not to exceed eleven members. It may co – opt other members as it deems necessary.
ARTICLE 42: THE RESEARCH AND EDUCATION UNIT
There is hereby established a Research and Education Unit headed by such person appointed by the National Advisory Committee with relevant expertise and experience responsible to assist in research, education, training and analysis of current and future national and international issues of interest to the Party and advise on the Party’s response to such issues where necessary. It shall also be the reservoir of the Party’s history. It shall be composed of members appointed by the National Advisory Committee from such Party members with relevant expertise and experience; such membership not to exceed eleven. It may co – opt other members as it deems necessary. This unit shall be directly supervised by the National Secretary General.
ARTICLE 43: THE MEDIA UNIT
There is hereby established a Media Unit to be headed by the National Publicity Secretary of the Party and such other members appointed by the National Advisory Committee with relevant expertise and experience. The National Publicity Secretary may co – opt other persons to be members of the Media Unit. This unit shall be directly supervised by the National Secretary General.
ARTICLE 44: THE INFORMATION, COMMUNICATION AND TECHNOLOGY (ICT) UNIT
There is hereby established a specialized unit responsible for information, communication and technology. It shall consist of a Chairman, who shall be an ICT expert, and such other members appointed by the National Advisory Committee. This unit shall be directly supervised by the National Secretary General.
ARTICLE 45: THE INTERNAL ELECTIONS MANAGEMENT COMMITTEE (I.E.M.C.)
There is hereby established an Internal Elections Management Committee which shall be responsible to conduct, supervise and manage internal Party elections at all levels of the Party structure. It shall be responsible to prepare and distribute ballot papers and boxes, count votes and announce results of elections. It shall, subject to the approval of the National Advisory Committee, develop guidelines and establish procedures for the conduct of elections.
The Internal Elections Management Committee shall be headed by a National Coordinator appointed by the National Advisory Committee and there shall be Regional and District coordinators for each region and district and such other members as the National Advisory Committee may appoint.
ARTICLE 46: THE NATIONAL ELECTIONS COORDINATING COMMITTEE (N.E.C.C.)
There is hereby established a National Elections Coordinating Committee which shall be responsible to oversee, supervise, coordinate and develop the Party’s strategies for national and local elections. It shall consist of a Chairman and such other members appointed by the National Advisory Committee.
ARTICLE 47: THE INDEPENDENT ELECTIONS COMPLAINT BOARD
There is hereby established an Independent Elections Complaint Board which shall determine disputes which may arise relating to an internal Party election or the elections procedure. It shall be headed by a chairman and such other persons appointed by the National Advisory Committee.
ARTICLE 48: THE DISABLED WING
There is hereby established a specialized wing of the Party to cater for the needs, concerns and aspirations of Disabled members of the Party. It shall be headed by a Leader elected by its members and he shall have a mandate of three years, unless he is re – elected. It shall make its own rules and regulations to govern its activities, such rules and regulations not to be inconsistent with this Constitution.
ARTICLE 49: THE NATIONAL UNION OF APC STUDENTS
There is hereby established an arm of the National Youth League to be known as the National Union of APC Students (NUAS) consisting of student members of the Party in any or all higher learning institutions in Sierra Leone. Every constituent institution shall have its own executive structure and there shall be a national executive headed by a National Students President with a one-year mandate. It shall conduct elections yearly.
The NUAS shall be an autonomous entity under the supervision of the National Youth League and it shall approve rules and procedures for it.
ARTICLE 50: THE TASK FORCE
There is hereby established a Task Force who shall act as the Party’s auxiliary unit and shall perform such functions as may be assigned to them by the National Secretary General and/or the National 0rganizing Secretary. It shall be headed by a Task Force Leader elected by his peers with a three – year mandate.
ARTICLE 51: ACCREDITED/AFFILIATED BODIES
The Party may, subject to the approval of the National Advisory Committee, accredit or affiliate certain bodies or organizations into the membership of the Party where such bodies or organizations subscribe to the aims, objectives, policy, programs and philosophy of the Party.
CHAPTER 4:
PARTY ADMINISTRATION
ARTICLE 52: NATIONAL PARTY OFFICERS
The following shall consist the National Officers of the Party:
- National Chairman;
- Deputy National Chairman;
- National Secretary-General;
- Deputy National Secretary-General;
- National Organizing Secretary;
- Deputy National Organizing Secretary;
- National Publicity Secretary;
- Deputy National Publicity Secretary;
- National Treasurer;
- Deputy National Treasurer;
- National Legal Adviser;
- Deputy National Legal Adviser;
- National Financial Secretary;
- Deputy National Financial Secretary;
- National Chaplain;
- National Imam;
- National Whip;
- National Women’s Leader;
- Deputy National Women’s Leader;
- Secretary of the National Women’s Congress;
- National Veterans Leader;
- Deputy National Veterans Leader;
- Secretary of the National Veterans Congress;
- National Youth Leader;
- Deputy National Youth Leader;
- Secretary of the National Youth League;
- National Disabled Leader;
- Deputy National Disabled Leader;
- Secretary of the National Disabled Wing.
ARTICLE 53: PARTY LEADERSHIP
- The National Leader
- The person elected by the National Delegates Conference as the Party’s Presidential Candidate/Flag bearer shall be its National Leader and shall maintain such position if he is elected President of Sierra Leone but shall relinquish such position if not elected in accordance with Article 19 above.
- The National Leader shall promote and defend the integrity, policies and programs of the Party;
- The National Leader shall also perform functions and powers ascribed to him by the National Delegates Conference and/or the National Advisory Committee;
- The Deputy National Leader
- In accordance with Article 64 belowthe Presidential Candidate shall
upon consultation and approval of the National Advisory Committee choose his Running Mate who shall become the Parfty’s National Deputy Leader and shall maintain such position if he is elected Vice President of Sierra Leone but shall relinquish such position if not elected in accordance with Article 19 above.
- The Deputy National Leader shall promote and defend the integrity, policies and programs of the Party;
- The Deputy National Leader shall also perform functions and powers ascribed to him by the National Delegates Conference and/or the National Advisory Committee;
- THE NATIONAL CHAIRMAN
- There shall be a National Chairman who shall be the Chief Executive Officer of the Party;
- He shall summon and preside over meetings of the National Delegates Conference, the National Advisory Committee and any other Party meetings where he is present;
- He shall promote and defend the integrity, policies and programs of the Party;
- He shall remain the custodian of the decisions taken by the National Delegates Conference and the National Advisory Committee and shall ensure that all organs and bodies of the Party implement these decisions and operate within the parameters of the Party’s policies, principles and philosophy;
- He shall be the primary custodian of this Constitution and shall ensure compliance with its provisions;
- He shall provide firm and effective leadership and direct the activities of the Party under the overall supervision of the National Advisory Committee and the National Delegates Conference;
- He shall present to the National Delegates Conference a comprehensive statement of the state of the Party and the political situation generally;
- He shall have a casting vote in meetings where he presides;
- He shall also perform functions and powers ascribed to him by the National Delegates Conference and/or the National Advisory Committee;
- He may delegate any of his powers to the Deputy National Chairman.
- THE DEPUTY NATIONAL CHAIRMAN
- There shall be a Deputy National Chairman who shall be the principal assistant to the National Chairman;
- He shall perform all functions delegated to him by the National Chairman;
- He shall perform such functions as may be assigned to him by the National Delegates Conference and/or the National Advisory Committee;
- He shall perform all the functions and have all the powers of the National Chairman in his absence.
- In the event where the office of the National Chairman becomes vacant by reason of death, physical or mental incapacity, resignation or any other reason, the Deputy National Chairman shall immediately assume office as National Chairman for the unexpired term of the National Chairman.
- In the event where the office of the Deputy National Chairman becomes vacant by reason of death, physical or mental incapacity, resignation or any other reason the National Advisory Committee shall meet within three months to elect an acting Deputy National Chairman for the unexpired term of the Deputy National Chairman, such elections to be conducted by the Internal Elections Management Committee.
ARTICLE 54: THE NATIONAL PARTY SECRETARIAT
The National Party Secretariat shall consist of the following National Officers:
- National Secretary General;
- Deputy National Secretary General;
- National Organizing Secretary;
- Deputy National Organizing Secretary;
- National Publicity Secretary;
- Deputy National Publicity Secretary;
- National Treasurer;
- Deputy National Treasurer;
- National Financial Secretary;
- Deputy National Financial Secretary;
- National Legal Adviser;
- Deputy National Legal Adviser;
- National Chaplain;
- National Imam;
- National Whip;
- National Women’s Leader;
- Deputy National Women’s Leader;
- Secretary of the National Women’s Congress;
- National Veterans Leader;
- Deputy National Veteran’s Leader;
- Secretary of the National Veterans Congress;
- National Youth Leader;
- Deputy National Youth Leader;
- Secretary of the National Youth League;
- National Disabled Leader;
- Deputy National Disabled Leader;
- Secretary of the National Disabled Wing.
ARTICLE 55: POWERS AND FUNCTIONS OF NATIONAL SECRETARIAT OFFICERS
- THE NATIONAL SECRETARY GENERAL
- The National Secretary General shall be the chief administrative officer of the Party;
- He shall be responsible for overseeing the operations of the Party’s National Secretariat and coordinating the activities and operations of the Party and of all officers of the Party at Polling Center, Ward, Constituency, District, Regional, Diaspora and National levels;
- He shall take or cause to be taken and keep, in the proper Books provided for the purposes, all Minutes of the meetings of the National Delegates Conference, the National Advisory Committee and the National Executive Committee;
- He shall conduct such correspondence as may be required and send out notices of all conferences and meetings at the National Level;
- He shall prepare the Order of Business of Meetings of the National Organs of the Party with the approval of the National Chairman;
- He shall supervise and control the day-to-day activities of the National Secretariat. All Secretariat staff are directly under the control and supervision of the Secretary General;
- He shall convey all decisions and instructions of the National Organs to the other Organs, Bodies and Members of the Party; and the general public where required;
- He shall supervise the activities of the other Bodies of the Party;
- He shall directly supervise the Planning and Strategy Unit, the Research and Education Unit, the Media Unit and the Information and Technology Unit;
- All correspondence from the Secretariat shall be issued by the Secretary General or under his authority;
- He shall perform his functions in accordance with the directives of the National Advisory Committee and the National Chairman;
- He shall submit quarterly progress reports to the National Advisory Committee on the status of the Party;
- He shall, within three (3) months prior to the holding of the National Delegates Conference, submit to the National Advisory Committee a report on the state of the Party. Upon approval by the National Advisory Committee, the Secretary General shall submit the report to the National Delegates Conference;
- In the event of him ceasing to act as National Secretary General for any reason other than expiration of his term, he shall immediately handover to the Deputy Secretary General all records, files and other property of the Party in his possession.
- THE DEPUTY NATIONAL SECRETARY GENERAL
- He shall be the principal assistant to the National Secretary General in the overall day to day running of the National Party Secretariat;
- He shall perform roles and duties assigned to him by the National Secretary General;
- In the absence of the National Secretary General he shall perform the functions of the National Secretary General.
- THE NATIONAL ORGANIZING SECRETARY
- He shall organize and coordinate activities of the Party at all Levels;
- He shall implement strategies for political campaigns and provide support for political candidates;
- He shall regularly facilitate the recruitment and registration of Party members and supporters;
- He shall be responsible for identification, training and management of Party activists and/or polling agents and organize both Party and voter education exercises;
- He shall mobilize voters for elections and ensure the registration of Party Members and Supporters;
- He shall liaise with the National Women’s Congress, the National Veterans Congress, the National Youth League and other Bodies of the Party, for the harmonization and implementation of their programs for the attainment of Party success at elections;
- He shall oversee and supervise the activities of the Task Force.
- THE DEPUTY NATIONAL ORGANIZING SECRETARY
- He shall be the principal assistant to the National Organizing Secretary and shall assist in the discharge of his duties;
- He shall perform such duties as may be assigned to him by the National Organizing Secretary;
- In the absence of the National Organizing Secretary he shall perform the functions of the National Organizing Secretary.
- THE NATIONAL PUBLICITY SECRETARY
- He shall be the official spokesperson of the Party;
- He shall co-ordinate all information and public relations of the Party including the holding of seminars, press briefings and conferences, disseminating Party information and publication of literature;
- He shall be the head of the Media Unit and shall oversee the Party’s print and electronic media.
- THE DEPUTY NATIONAL PUBLICITY SECRETARY
- He shall be the principal assistant to the National Publicity Secretary and shall assist in the discharge of his duties;
- He shall perform such duties as may be assigned to him by the National Publicity Secretary;
- In the absence of the National Publicity Secretary he shall perform the functions of the National Publicity Secretary.
- THE NATIONAL TREASURER
- The National Treasurer shall be a Member of the Party with an accounting or related background with a proven track record and professional experience of not less than five years;
- He shall keep an accurate Account of all monies belonging to, and paid to him, on account of the Party;
- He shall receive and give receipts for all monies paid to him in respect of subscriptions, donations or funds from whatever undertakings of the Party;
- He shall receive and promptly pay into the Party’s accounts all monies received for and on behalf of the Party and keep all cheque books and other banking documents of the Party;
- He shall ensure that all funds received by the Party are paid into the Party’s accounts immediately and if for any reason that is not possible, the fund shall be paid within forty – eight hours after collection;
- He shall ensure proper and prudent management of the Party’s funds;
- He shall tender Quarterly Statement of Accounts to the National Secretary General for the attention of the National Advisory Committee;
- He shall pay out all Orders fully countersigned by the Secretary General on behalf of the Party;
- He shall keep a Cash Book and other Subsidiary Books necessary for the proper and accurate accounting of all monies received or disbursed on account of the Party;
- He shall prepare a Balance Sheet and other Books of Accounts and submit them to the Auditor not later than the 31st December each year.
- THE DEPUTY NATIONAL TREASURER
- He shall be the principal assistant to the National Treasurer and shall assist in the discharge of his duties;
- He shall perform such duties as may be assigned to him by the National Treasurer;
- In the absence of the National Treasurer he shall perform the functions of the National Treasurer Secretary.
- THE NATIONAL FINANCIAL SECRETARY
- The National Financial Secretary shall be a Member of the Party with an accounting or related background with a proven track record and professional experience of not less than ten years;
- He shall collect and keep records of all dues, levies, subscriptions and donations paid or made to the Party;
- He shall prepare and submit proposals for raising funds for the Party for the consideration of the National Executive Committee;
- He shall undertake strict supervision of budgeting, budgetary control and financial reporting;
- He shall protect the assets of the Party and institute operating procedures through internal control; and
- He shall establish and co-ordinate policies for the investment of funds to generate income for the Party;
- He shall, within three (3) months prior to the holding of the National Delegates Conference, submit to the National Executive Committee a report on the state of the Party’s finances and assets. Upon approval by the National Executive Committee and the National Advisory Committee, the Financial Secretary shall submit the report to the National Delegates Conference.
- THE DEPUTY NATIONAL FINANCIAL SECRETARY
- He shall be the principal assistant to the National Financial Secretary and shall assist in the discharge of his duties;
- He shall perform such duties as may be assigned to him by the National Financial Secretary;
- In the absence of the National Financial Secretary he shall perform the functions of the National Financial Secretary.
- THE NATIONAL LEGAL ADVISER
- There shall be a National Legal Adviser of the Party who shall be a lawyer of not less than 10 years post-call;
- He shall be responsible to advise and represent the Party on all legal matters including providing legal opinion on the National Constitution, laws of Sierra Leone and the Constitution, byelaws, rules and regulations of the Party;
- He shall, with the Legal Team, conduct all litigations on behalf of the Party, including its organs and officials in so far as the subject of the litigation affects the interest of the Party;
- He shall represent the Party in all negotiations with a legal character;
- He shall be the head of the Legal Team and shall be elected by his peers for a term of three years.
- THE DEPUTY NATIONAL LEGAL ADVISER
- There shall be a Deputy National Legal Adviser, elected by his peers, who shall be a lawyer of not less than 5 years post call;
- He shall be the principal assistant to the National Legal Adviser and shall assist in the discharge of his duties;
- He shall perform such duties as may be assigned to him by the National Legal Adviser;
- In the absence of the National Legal Adviser he shall perform the functions of the National Legal Adviser.
- THE NATIONAL CHAPLAIN
The National Chaplain shall conduct Christian devotion at meetings and administer Christian spiritual needs of the Party. He shall be a religious guarantor of the Party.
- THE NATIONAL IMAM
The National Imam shall conduct Islamic devotion at meetings and administer Islamic spiritual needs of the Party. He shall be a religious guarantor of the Party.
- THE NATIONAL WHIP
The National Whip shall maintain law, order, discipline and decorum at meetings and shall recommend pecuniary punishment for defaulters.
- THE NATIONAL WOMEN’S LEADER AND DEPUTY WOMEN’S LEADER
- There shall be a National Women’s Leader who shall be the head of the National Women’s Congress;
- She shall provide leadership for the National Women’s Congress in order to deliver on its functions under this Constitution;
- The Deputy National Women’s Leader shall be the principal assistant to the National Women’s Leader, deputize the National Women’s Leader in her absence and shall perform all such functions assigned to her by the National Women’s Leader.
- THE SECRETARY OF THE NATIONAL WOMEN’S CONGRESS
The Secretary shall perform such functions similar to that of the National Secretary General within the National Women’s Congress.
- THE NATIONAL VETERANS PRESIDENT AND DEPUTY VETERANS LEADER
- There shall be a National Veterans Leader who shall be the head of the National Veterans Congress;
- He shall provide leadership for the National Veterans Congress in order to deliver on its functions under this Constitution;
- The Deputy National Veterans Leader shall be the principal assistant to the National Veterans Leader, deputize the National Veterans Leader in his absence and shall perform all such functions assigned to him by the National Veterans Leader.
- THE SECRETARY OF THE NATIONAL VETERANS CONGRESS
The Secretary shall perform such functions similar to that of the National Secretary General within the National Veterans Congress.
- THE NATIONAL YOUTH LEADER AND DEPUTY NATIONAL YOUTH LEADER
- There shall be a National Youth League Leader who shall be the
head of the National Youth League;
- He shall provide leadership for the National Youth League in order to deliver on its functions under this Constitution;
- The Deputy National Youth Leader shall be the principal assistant to the National Youth Leader, deputize the National Youth Leader in his absence and shall perform all such functions assigned to him by the National Youth Leader.
- THE SECRETARY OF THE NATIONAL YOUTH LEAGUE
The Secretary shall perform such functions similar to that of the National Secretary General within the National Youth League.
- THE NATIONAL DISABLED LEADER AND DEPUTY NATIONAL DISABLED LEADER
- There shall be a National Disabled Leader who shall be the head of the Disabled Wing;
- He shall provide leadership for the Disabled Wing in order to deliver on its functions under this Constitution;
- The Deputy National Disabled Leader shall be the principal assistant to the National Disabled Leader, deputize the National Disabled Leader in his absence and shall perform all such functions assigned to him by the National Disabled Leader.
- THE SECRETARY OF THE DISABLED WING
The Secretary shall perform such functions similar to that of the National Secretary General within the Disabled Wing.
ARTICLE 56: INTERNAL AUDITOR
- There shall be an internal Auditor of the Party who shall not be a Member of any of the Executive Organs of the Party.
- He shall audit the Accounts of the Party quarterly and annually and make a comprehensive written report of his findings directly to the National Advisory Committee.
- He shall have access to all Books and Accounts of the relevant Committees of the Party, shall examine every Balance Sheet and Annual Returns, Receipts and Expenditure and shall either sign the Books of Accounts as found to be correct in accordance with Law or specifically include in his Report whatever he discovers to be incorrect or not in accordance with the Law.
- He shall assist with putting in place financial controls and creating a financial management system for the Party.
- He shall professionally support the work of external auditors during their review of the financial books and accounts of the Party.
ARTICLE 57: TENURE OF OFFICE OF PARTY OFFICERS
- All National Officers of the Party shall hold office for a term of three years and shall be eligible for re – election for another term and no more.
- All Regional, Diaspora, District, Constituency, Ward, Polling Center Executive officers shall hold office for a term of three years and shall be eligible for re – election.
- No person shall hold more than one office within the Party at the same time.
ARTICLE 58: POWERS OF OFFICERS AT OTHER LEVELS
Except where the provisions of this Constitution state otherwise, all other officers at the Polling Center, the Ward, the Constituency, the District, the Region and the Diaspora levels shall, in relation to their respective functions, have the same powers as their corresponding National Officers.
CHAPTER 5:
ELECTIONS
ARTICLE 59: GENERAL PROVISIONS
- All internal elections of the Party shall be primarily administered by the Internal Elections Management Committee.
- All elections shall be conducted in a free, fair and transparent manner in accordance with the rules and regulations governing such elections.
- All elections shall be conducted in accordance with the election rules and regulations, bye laws and manual drawn up by the Internal Elections Management Committee and approved by the National Advisory Committee.
- Disputes which may arise relating to an internal Party election or the
elections procedure shall be determined by an Independent Elections Complaint Board.
- Election rules and regulations shall be reviewed and revised in every election cycle to meet the prevailing circumstances, such review or revision shall be approved by the National Advisory Committee.
- Voting shall be by secret ballot.
- For a Member to be eligible to vote at a Party election, that Member must have been a registered paid up member of the Party one year before the date of the relevant convention or election.
- The Register of eligible voters shall be published by the National Secretary General 21days before the relevant convention.
- Any Member or contestant may petition the register or a name on the register by filing a petition in writing to the Independent Elections Complaint Board not later than seven days after the publication of the Register and the Independent Elections Complaint Board shall decide on such petition not later than twenty – one days after the filing of the petition.
ARTICLE 60: ELECTION OF PARTY OFFICERS
- The National Delegates Conference shall meet to elect the National Officers of the Party.
- The Party Officers at the Constituency, District, Regional and Diaspora levels shall be elected at their respective conventions.
- The Constituency Executive Committee shall be responsible for the conduct of the election of members of the Ward Executive Committee.
- The Internal Elections Management Committee shall, subject to the approval of the National Advisory Committee, publish rules and regulations to govern the elections not later than six months before the respective conventions.
- For a Member to be eligible to be voted for as a National Officer of the Party, that Member must have been a registered paid up member of the Party for a continuous period of not less than Five years.
- For a Member to be eligible to be voted for as a Regional Officer of the Party, that Member must have been a registered paid up member of the Party for a continuous period of not less than Five years.
- For a Member to be eligible to be voted for as a District Officer of the Party, that Member must have been a registered paid up member of the Party for a continuous period of not less than Two years.
- For a Member to be eligible to be voted for as a Constituency Officer of the Party, that Member must have been a registered paid up member of the Party for a continuous period of not less than Two years.
ARTICLE 61: ELECTION OF PRESIDENTIAL CANDIDATE
- The Presidential Candidate shall be elected by the delegates present and voting at the National Delegates Conference.
- For a Member to be eligible to be voted for, that Member must have been a registered paid up member of the Party for a continuous period of not less than five years.
- An aspirant must secure fifty percent plus one vote of the delegates to be elected Presidential Candidate. Where no candidate secures such votes, a runoff election shall be conducted between the two candidates who polled the highest delegate votes in the first election.
- The National Chairman shall not contest for the position of Presidential Candidate, and any other officer of the Party who intends to so contest shall resign from such position at least six months before the National Delegates Conference
- A member shall not be nominated as the Party’s Presidential Candidate for more than two times, provided that if the nominee fails at the national polls at the first attempt but is again nominated by the Party and wins the subsequent Presidential Election, he may be eligible to be nominated by the Party for a third and final time.
- Election of the Presidential Candidate shall be held at least two years before the anticipated date for the Presidential Election when the Party is not in governance and at least one year before the anticipated Presidential Election date where the Party is in governance.
ARTICLE 62: NOMINATION OF VICE-PRESIDENTIAL CANDIDATE
The Presidential Candidate shall upon consultation and approval of the National Advisory Committee choose his Running Mate.
ARTICLE 63: NOMINATION OF PARLIAMENTARY AND LOCAL COUNCIL CANDIDATES
- The Party shall, for the purposes of a General and/or Local Council Elections nominate candidates to contest for the offices of Members of Parliament, Mayors, Chairmen and Councilors of Local Councils.
- The Party shall elect its candidates for General and/or Local Council Elections.
- For a Member to be eligible to be voted for, that Member must have been a registered paid up member of the Party for a continuous period of not less than two years.
- The Internal Elections Management Committee shall, subject to consultation with and approval of the National Advisory Committee, make rules and regulations, bye laws and manual to govern the conduct of the elections, such rules and regulations to be published not later than nine months before the date fixed for the General and/or Local Council Elections and such rules and regulations, bye laws and manual shall be in tandem with the National Constitution and election laws.
- The Party shall elect its candidates not later than six months before the General and/or Local Council Elections.
CHAPTER 6:
DISCIPLINE AND GRIEVANCE HANDLING PROCEDURE
ARTICLE 64: GENERAL PROVISIONS
- There shall be a Disciplinary Committee of the Party at the Ward, Constituency, District, Region, Diaspora and National levels of the Party.
- Discipline of Party Members at each level of Party Organization shall be exercised by the Disciplinary Committee at that level.
- Except at the National level, the Disciplinary Committee at every other
level shall consist of five ordinary registered Party members of the respective structure; provided that the composition shall include at least two of any gender and a youth.
- Members of each Disciplinary Committee shall be chosen by the Party executive at that level and shall serve for a term of three years. Provided that their appointment may be renewed for a further and final term.
- Every party to a disciplinary action shall have the right to a fair hearing, including but not limited to confronting witnesses, access to complaint forms or related documents, calling witnesses to testify in their favor and to generally present defenses to allegations levied.
- All testimonies presented before a Disciplinary Committee shall be recorded in a disciplinary cause book.
- There shall be a National Disciplinary Committee which shall be one of the Standing Committees of the Party and shall be composed as follows:
- One person appointed by the National Executive Committee;
- One representative of the Parliamentary Group;
- One representative of the Local Council Group;
- One representative of the Legal Team;
- One representative of the Elders Council;
- One representative of the Regional Chairmen;
- One representative each from the National Veterans Congress, the National Women’s Congress and the National Youth League;
- The National Imam and National Chaplain;
Provided that at least four of its members shall be women. Six members of the Committee shall constitute a quorum.
ARTICLE 65: JURISDICTION OF DISCIPLINARY COMMITTEES
- The Ward Disciplinary Committee shall have original jurisdiction in intra ward disciplinary matters.
- The Constituency Disciplinary Committee shall have jurisdiction in all matters affecting discipline within the constituency. The Committee shall have original jurisdiction over all inter ward disciplinary matters.
- The District Disciplinary Committee shall have jurisdiction in all matters affecting discipline within the District. The Committee shall have original jurisdiction over all inter constituency disciplinary matters within the District.
- The Regional Disciplinary Committee shall have jurisdiction in all matters affecting discipline at the Regional level. The Committee shall have original jurisdiction over all inter district disciplinary matters within the region.
- The National Disciplinary Committee shall have jurisdiction in all matters affecting discipline at the National Level. The Committee shall be the final appellate body for all matters emanating from lower disciplinary committees and shall have original jurisdiction over all disciplinary matters involving National Officers, National Advisory Committee Members, the President and Vice President where they are members of the Party, Members of Parliament, Ministers, Ambassadors, other Diplomats of Government who are members of the Party and any other member elected at a Local Council election;
- The National Delegates Conference shall have appellate jurisdiction with regards to disciplinary matters that originate from the National Disciplinary Committee.
- The National Delegates Conference may set up an ad-hoc disciplinary body to handle appeals from the National Disciplinary Committee.
ARTICLE 66: FUNCTIONS OF DISCIPLINARY COMMITTEES
- The Disciplinary Committees at each level shall:
- Investigate complaints concerning the misconduct of a Member;
- Make a full, faithful and impartial inquiry into any complaint referred to it;
- Report in writing to the relevant executive committee the results of the inquiry and the reasons leading to the decisions reached; and
- The National Disciplinary Committee shall in collaboration with the Legal Team and subject to the approval of the National Advisory Committee develop and publish a Manual detailing rules of procedure and processes including fines and sanctions for general and specific offenses.
ARTICLE 67: CAUSES FOR DISCIPLINE
Any member of the Party who is alleged to have committed an offence, including but not limited to the following, shall be subject to disciplinary measures by the appropriate Disciplinary Committee if the allegations against such member are stated and proven by clear, cogent, unequivocal, satisfactory and convincing evidence:
- Defection to another political Party;
- Intentionally or recklessly endangering the lives of other Party members;
- Intentional and unreasonable refusal to carry out lawful directives of the Party or Party officers;
- Reckless or extreme negligence in carrying out lawful directives of the Party or Party officers;
- Unreasonably flouting or refusing to abide by rulings or decisions of the Party on disciplinary matters;
- Engaging in dishonest practices, which severely undermines the Party’s aims and objectives;
- Defrauding the Party, or fraudulently depriving the Party of funds and financial resources;
- Intentionally or maliciously disseminating negative messages or propaganda or act in a manner, which fosters public hatred, contempt or ridicules the Party;
- Unlawfully disrupting or prohibiting Party members from peacefully and lawfully exercising their right of assembly as guaranteed by the Constitution of Sierra Leone;
- Indulging in corrupt practices such as, but not limited to, bribes, kickbacks, favors or gifts, for the primary purpose of influencing the disciplinary process in favor of or against a Party;
- Such other offences as the National Disciplinary Committee may from time to time include in the Manual.
ARTICLE 68: SANCTIONS
- Subject to the provisions of paragraph C hereof, sanctions may be imposed by the Party at the appropriate level, upon any member against whom allegations of indiscipline have been proven, and the gravity of punishment shall depend upon the seriousness and circumstances of each case.
- Sanctions to be imposed may take the form of:
- Expulsion from the Party;
- Suspension for a specified period;
- Removal from Office;
- Debarring from holding Office;
- Fine;
- Restitution;
- Reprimand;
Provided however that imposing one form of sanction shall not preclude the relevant Disciplinary Committee from combining sanctions and imposing same.
- Only the National Delegates Conference is empowered to expel a member from the Party.
- All Disciplinary Committees shall serve the Secretariat with a copy of any disciplinary decision rendered.
ARTICLE 69: APPEALS
- Any Member aggrieved by a disciplinary decision, shall have the right to appeal within 30 days of the date on which the decision is rendered.
- The decision of a Disciplinary Committee shall be final unless appealed in writing within 30 days of the date on which the decision is rendered.
- A disciplinary appeal shall be filed with the secretariat of the immediate
higher organ of the Party, except that such appeal shall finally determine at the Disciplinary Committee two levels above the Committee where the matter was originally instituted.
- Only appeals originating from the National Disciplinary Committee shall be determined by the National Delegates Conference.
- Appeals to the National Delegates Conference shall be served upon the National Secretary General.
- All appeals shall be in writing, setting out the name and address of the appealing Party, and the name or identification of the Disciplinary Committee whose decision is appealed, a clear and concise statement or explanation of the grounds of appeal and the relief sought. A copy of the decision of the originating Disciplinary Committee shall be attached to the appeal. All appeals must be signed by the appealing Party.
- New, previously unavailable evidence may be presented by an aggrieved member on appeal.
- Subject to applicable laws, aggrieved members may appeal final decisions of the Party to the Superior Courts of Judicature, provided that no member shall exercise his right of appeal without first exhausting all available remedies pertaining to discipline under this Constitution. Failure to comply with the provisions may lead to further disciplinary action including expulsion of the defaulting member.
ARTICLE 70: TIMING
- Time is of the essence in all disciplinary matters.
- Except in Special and Emergency situations, every Disciplinary Committee whether in its original or appellate jurisdiction shall complete its task and render a decision within 60 days of the commencement of the disciplinary action/appeal.
- Where a decision is not made in compliance with paragraph B above an aggrieved Party may petition the next Disciplinary Committee to take up the matter in its appellate jurisdiction and such committee shall place appropriate sanctions on the defaulting committee in accordance with the provisions of the Manual developed by the National Disciplinary Committee.
CHAPTER 7:
PARTY FINANCING
ARTICLE 71: SOURCES OF FUNDING
The Party shall be funded from the following sources:
- Registration Fees paid by every Member of the Party on the date he joins the Party.
- Subscriptions paid monthly or annually by Members of the Party;
- Subscriptions, pledges and donations made by Members of the Party in the Diaspora;
- Contributions, pledges and donations made by other persons and organizations;
- Monthly mandatory contributions of elected and appointed officials of government who are members of the Party;
- Returns from Fund-Raising Activities undertaken by the Party;
,
- Returns on investments, endowments and other related activities;
- Fines levied on Members of the Party.
ARTICLE 72: CUSTODY OF FUNDS
- All funds of the Party shall be kept in established and credible banking institution(s);
- The Party shall maintain Bank Accounts at all levels of its Structure and in all district headquarter towns of the country;
- The Party shall maintain separate bank accounts for:
- Registration, Monthly or Annual Subscriptions and fines;
- Monthly Mandatory Contributions of elected and appointed officials of government who are members of the Party;
- Contributions, pledges and donations from Members of the Party in the Diaspora, organizations and other persons;
- Returns on investments, endowments and other related activities.
- The Party shall maintain a separate National Elections Account.
- The following officers of the Party shall be joint and valid signatories to the Party’s bank accounts and other financial transactions at each level of its structure:
- Chairman/Chairman;
- National Secretary General/Secretary;
- National Treasurer/Treasurer.
- All withdrawals shall receive the prior written approval of the Chairman or Leader of the relevant Executive Committee and a memorandum served in that respect to the rest of the Members of that Executive Committee.
ARTICLE 73: FUND REGULATIONS
- The financial year of the Party shall be on a Calendar year basis.
- All Financial records shall be maintained by the Financial Secretary/Treasurer of the relevant Executive Committee.
- All monies not directly paid into a bank account of the Party shall be collected by the Treasurer and deposited into the appropriate bank account of the Party.
ARTICLE 74: FINANCIAL REPORTS
- The Financial Secretary/Treasurer of the relevant Executive Committee shall present quarterly financial statements to that Executive Committee. Such report shall also be forwarded to the National Executive Committee.
- The National Financial Secretary shall present an annual financial report not later than the 15th of the second month subsequent to the end of each Calendar Year.
- The National Advisory Committee may at any time request the National Financial Secretary to present to it within a reasonable period a report on the financial status of the Party.
- The National Financial Secretary shall at the National Delegates Conference present and read a report of the Party’s Financial Status.
ARTICLE 75: AUDIT OF ACCOUNTS
- The National Advisory Committee shall appoint a competent Accounting Firm to audit the accounts of the Party annually and present the audit report to the National Advisory Committee, the National Electoral Commission, the Political Parties Registration Commission for their review and consideration.
- All other levels of the Party, when necessary may appoint a reputable auditor within or without the Party to audit its accounts and present the report to the relevant Executive Committee.
CHAPTER 8:
MISCELLANOUS PROVISIONS
ARTICLE 76: GENDER AND AFFIRMATIVE ACTION
In an endeavor to ensure that the elderly, disabled, women, youth and other vulnerable persons are adequately represented in all decision-making structures, the Party shall implement a program of affirmative action to ensure popular participation of elderly, disabled, women, youth and other marginalized groups in the work of the Party. The Party shall endeavor, when in power, to reserve at least 30 percent of all its political appointments for women and shall encourage female participation to elective offices within the Party and for National Elections.
ARTICLE 77: CONTRACTUAL CAPACITY
- The Party shall be a body corporate with perpetual succession and can sue and be sued in its corporate name with powers to acquire, hold and alienate property, enter into agreements and do all things necessary to carry out its aims and objectives and defend its members, property and reputation.
- Only National Officers of the Party shall have the authority to create any legal relationship binding the Party.
ARTICLE 78: COMMON SEAL
There shall be a common seal of the Party which shall be in the custody of the National Secretary General.
ARTICLE 79: PARTY MANIFESTO
The National Advisory Committee shall, from time to time, and for purposes of a Presidential and General Elections prepare or cause to be prepared the Party’s Manifesto.
ARTICLE 80: PARTY PUBLICATIONS
The National Party Secretariat shall under the supervision of the National Advisory Committee publish literature, newspapers, periodicals, magazines, pamphlets, books, etc. on behalf of the Party.
ARTICLE 81: VESTING RIGHTS AND OBLIGATIONS
All claims, rights, interests, estates, uses or trusts, obligations and other property vested in the Party shall continue to vest in the Party from the date of this Constitution.
ARTICLE 82: RULES AND BYE-LAWS
The National Advisory Committee may, subject to ratification by the National Delegates Conference, make rules and enforce byelaws not inconsistent with the provisions of this Constitution and the laws of Sierra Leone.
ARTICLE 83: INDEMNITY CLAUSE
Every member of the Executive, standing committees, organs and other bodies of the Party shall, so far as is lawful, be indemnified out of the assets of the Party against liability incurred by them in or about the execution and discharge of the duties of their offices.
ARTICLE 84: OATH OF OFFICE
Every member elected or appointed as an officer of the Party shall subscribe to the Oath of Office before an appropriate Officer of the Party as may be approved by the National Delegates Conference.
ARTICLE 85: AMENDMENT OF CONSTITUTION
- This Constitution, or any part thereof may be amended, rescinded, altered or additions made thereto, by two – thirds majority vote of the delegates at a National Delegates Conference.
- Proposal (s) regarding amendments to this Constitution shall be sent to the National Secretary General at least three months before a National Delegates Conference.
- Notice of such proposal (s) and the Conference Agenda shall be communicated in writing to all organs of the Party within the timeframe set out in this Constitution.
ARTICLE 86: REPEAL OF THE 5TH DECEMBER 1995 CONSTITUTION
Upon the coming into force of this Constitution, the Constitution of the Party of the 5th of December 1995 shall cease to have effect.
ARTICLE 87: TRANSITIONAL PROVISIONS
- Notwithstanding the provision in Article 86, nothing done under the authority of the Existing Constitution shall be regarded as invalid.
- The existing Party leadership, including but not limited to the Chairman and Leader, the Deputy Chairman and Leader, the National Secretary General, all other National Officers, the Members of the National Advisory Committee, the National Executive Committee, the Regional and Diaspora Executives, the District Executives, the Constituency Executives, the National Executive of the Women’s Congress, the National Executive of the Youth League and all other constitutionally established executives, notwithstanding the repeal of the Existing Constitution, shall have effect after the entry into force of this Constitution as if they have been established pursuant to this Constitution and their provisions shall be and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution until the first National Delegates Conference and/or other relevant conventions under this Constitution are held.
- Where any office had been established by or under the Existing Constitution or any existing law, and this Constitution establishes or provides for the establishment of a similar or an equivalent office including the Chairman and his Deputy, the National Secretary General or any other office, any person who immediately before the commencement of this Constitution holds or is acting in the former office shall, so far as consistent with the provisions of this Constitution, be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in the latter office in accordance with the provisions of this Constitution until the first National Delegate Conference and/or relevant conventions are held under this Constitution.
- Any person who by virtue of paragraph C above is deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in that office and has taken or subscribed to any necessary oath under this Constitution.
- Notwithstanding the provisions of this Constitution, the National Advisory Committee shall fix a date for the holding of the first National Delegates Conference and other/or relevant conventions under this Constitution.
- Notwithstanding the provisions of Article 45 and without prejudice to the Committee formed therein there is hereby established a Transitional Interim Independent Elections Management Committee (herein after referred to as “TIEMC”) with a membership of 25 persons with representation as follows:
- 6 regional representatives (3 from the APC, 2 from NRM and 1 from NRM-APC),
- 9 direct appointments (3 from APC, 4 from NRM, 2 from NRM-APC)
- 5 Lawyers (2 from the APC, 2 from NRM and 1 from NRM-APC),
- 5 Election Experts (2 from the APC, 2 from NRM and 1 from NRM-APC). The chairman and secretary of the committee is to be elected by the members of the TIEMC.
- That the TIEMC will oversee and conduct the first set of elections within the Party starting from Ward, Constituency, District, Regional and National Delegate Conference.
- The mandate of TIEMC shall expire upon the election of the National Party Officers at the first National Delegates Conference held after the commencement of this Constitution.
- The mandate of TIEMC does not include the elections of the Party’s candidates for Local, Parliamentary or Presidential elections.
- There shall be a two-third majority for all decisions taken by the TIEMC and the quorum for any meeting of the committee shall be one-third.
- The venue and timing of all elections are to be determined by TIEMC.
- The TIEMC will report to the team of facilitators, who will jointly with the members of the TIEMC report to the Chairman of the Party for the attention of NAC.
ARTICLE 88: CONFIRMATION AND ADOPTION OF CONSTITUTION
We the undersigned hereby confirm that this Constitution was adopted by the National Delegates Conference on day the day of 20
Signed:
………………………………………..
THE NATIONAL CHAIRMAN
……………………………………..
THE NATIONAL SECRETARY GENERAL
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THE NATIONAL TREASURER
SCHEDULES
OATH OF OFFICE
OATH OF ALLEGIANCE
PARTY SYMBOL
LIST OF CONSTITUTIONAL REVIEW MEMBERS