Regulations for candidate nominations
REGULATIONS FOR THE NOMINATION OF CANDIDATES
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REGULATIONS FOR THE NOMINATION OF MUNICIPAL CANDIDATES
(as approved by Federal Council on 23 July 2010)
1. Application and Amendment
1.1 These regulations are drawn up in terms of clause 2.2 of the Federal Constitution. The selection of all Party candidates for municipal councils must take place in terms of these regulations.
1.2 These regulations supersede all other nomination regulations except those that apply to the nomination of candidates for the National Assembly, National Council of Provinces and provincial legislatures. They come into operation when they are approved by the Federal Council.
1.3 Except where the regulations empower the Federal Executive or the Federal Candidates’ Election Committee to vary or adapt their provisions, these regulations can only be amended by the Federal Council.
2.1 In these Regulations or their Appendices the following words have the following meaning:
“approved aspirant candidate” means an aspirant candidate whom an electoral college, established in terms of section 5, has elected to a ward and/or list pool;
“aspirant candidate” means a person who has applied to be a candidate of the Party, but who has not yet appeared before the relevant electoral college;
“candidate” means a person selected to stand for the Party in a ward, and/or a person included on the official ranked list referred to in section 10.2 below;
“civil action” means any civil judgment that has been awarded against a candidate or a juristic person controlled by a candidate, and includes a summons to appear in court to defend an action based on an unpaid debt brought by a creditor against a candidate or a juristic person controlled by a candidate;
“close family member” means a spouse or partner, parent or step parent, parent-in-law or step-parent-in-law, sibling or step sibling, brother-in-law or sister-in-law, son-in-law or daughter-in-law, uncle or aunt, cousin or child;
“constituency” means that area or areas allocated to an MP or MPL by the province or region concerned;
“cost of the campaign” means the cost of the election campaign, as determined by the Chief Executive Officer or a person designated by him or her, to any particular province or municipal area divided by the number of elected candidates;
“designated date” means a date determined in terms of section 12.2 below;
“designated party official” means an official named in terms of sections 11.1 or 12.1 below;
“electable ward candidates” means those candidates whose wards the Chief Executive Officer, or a person designated by him or her, certifies are capable of being won by them as Party candidates.
“electoral college” means an electoral college elected in terms of section 5, and “relevant electoral college” means that electoral college that has been elected to select pools of approved aspirant candidates, in terms of a decision of the relevant executive;
“fitness for purpose” describes the sum total of attributes and competences of a candidate that are most likely to achieve key objectives of the Party, including attracting votes, providing competent activism, contributing expertise and/or experience, adding to diversity and building the Party’s brand.
“partner” means a person who is in a permanent relationship with another person which involves inter alia cohabitation and mutual financial or emotional support;
“probity check” includes an investigation into an aspirant candidate’s criminal records, financial accounts and lifestyle in order to ensure that such a candidate is a fit and proper person to be a candidate for the Party.
“professional party staff members” means any persons who have employment contracts with the Party and includes persons who are employed by the Party but who are paid by any organ of state, but does not include any person who is paid a gratuity for services rendered to the Party;
“relevant executive” means the regional or other sub-provincial executive (if these exist) that corresponds to a municipality, in the case of candidates for the wards and list for that municipality, or the provincial executive if there are no such executives;
“seat target total” means the number of seats on the list in a municipality which the Chief Executive Officer, or a person designated by him or her, certifies is capable of being won by the Party;
“selection panel” means a panel of persons, referred to in section 8.1, nominated by a province or region and approved by the Federal Executive, which will designate candidates from the ward lists to be the ward candidates, and will provisionally rank approved aspirant candidates for the ward and pool lists for the municipality or municipalities, in the manner provided for in section 8.7;
“single transferable voting system” means the Hunt-Le Roux STV system approved by the Federal Council; provided that if compelling reasons exist, the relevant executive may, with the approval of the FCEC, use Annexure A to the Federal Constitution;
“strategic municipality” means a municipality which the Federal Executive classifies as such in terms of section 9.1. and 9.2.
“ward pool” means the approved aspirant candidates elected by an Electoral College in terms of section 6.3.
2.2 Terms that are used in these Regulations, and which have been defined in the Federal Constitution, shall have the same defined meanings as in the Federal Constitution.
3. The Federal Candidates’ Election Committee
3.1 There shall be a Federal Candidates’ Election Committee (FCEC).
3.2 The FCEC will consist of
• The Chairperson of the Federal Council;
• The Chairperson of the Federal Legal Commission;
• The principal representative of the Party on the National PLC of the IEC;
• The Chief Executive Officer;
• One representative from each province designated by the respective Provincial Executive;
• A representative of the Association of Democratic Alliance Councillors (ADAC).
3.3 The FCEC must
• Take any steps to facilitate the operation of these regulations;
• Advise the Federal Executive, any other structure of the Party or any selection panel on any aspect of the candidate selection process;
• Approve the composition and procedures of provincial, regional or other sub-provincial electoral colleges to ensure that they comply with these regulations;
• Determine the composition and procedures of any electoral college in the event that a provincial council or the relevant executive fails to submit these;
• Determine, in consultation with the relevant executive, designated dates for the operation of these regulations.
3.4 The FCEC will be convened and chaired by the Chairperson of the Federal Council, and must determine its own procedures.
3.5 A Provincial Executive may apply to the FCEC to establish a body to perform such functions on a provincial basis as the FCEC agrees to delegate. The composition, powers and functions of this body must be agreed to by the FCEC. No power exercised by the FCEC may be exercised by such a provincial body unless the FCEC expressly delegates this power to that provincial body.
4. Nomination of Aspirant Candidates
4.1 Once the designated dates referred to in section 12.2 below are determined, the relevant executive must advise all party formations, including branch committees, of those dates and invite nominations. The party formations must also be informed when and where nomination forms can be obtained.
4.2.1 An aspirant candidate
(i) must be a member of the Party for a minimum of one year: provided that the FCEC may on application and with good cause, waive this requirement in individual cases, or, in exceptional cases, for groups of aspirant candidates and further provided that this disqualification shall not apply to members of the Party who could not by law join earlier; and
(ii) must be nominated by a minimum of two and a maximum of ten members of the Party who are members in the province or municipality for which the aspirant candidate is nominated.
4.2.2 The provincial executive must determine the number of members required to nominate an aspirant candidate.
4.3 An aspirant candidate may, subject to the Constitution of South Africa and any relevant legislation, be nominated both for one or more wards, and for one or more lists.
4.4 Subject to section 8.8, where less than three nominations have been received in a ward, or where the person or persons nominated are, in the opinion of the relevant executive, unsatisfactory, the relevant executive, or a person authorised by it, will be empowered to approach suitable persons to make themselves available as candidates in that ward.
4.5 Where, despite having followed the procedure described in section 4.4 only one person has been nominated for a ward, the Electoral College must report this fact to the FCEC, which may declare that person the candidate for that ward.
4.6 Notwithstanding the provisions of section 4.4, the relevant executive may submit to the FCEC the wards of any municipality in which the Party has little or no prospect of winning. To the extent permitted by the FCEC, the candidates for such wards may be selected directly by the relevant executive, and the same candidate may be selected for more than one such ward. In all other wards, candidates must be selected as provided for in these Regulations.
4.7 No person may be nominated as an aspirant candidate to serve in any municipal council if a close family member of that person already serves in that municipal council and/or wishes to be nominated or re-nominated to that municipal council, and no two or more close family members may be nominated to the same municipal council: provided that
(a) members of a close family who are already members of the same municipal council may remain members of that municipal council, and may be nominated for re-election; and
(b) members of the same municipal council who become spouses or partners may remain members of that municipal council and may be nominated for re-election.
4.8 No person may be nominated to, and no person may serve as a councillor in, a municipal council unless he or she is ordinarily resident in the area of jurisdiction of that municipal council.
4.9 No incumbent councillor may be re-nominated as an aspirant candidate
(a) unless he or she has been satisfactorily assessed in terms of the Performance Development and Management System for a period of at least twelve months: provided that if there is good cause why such a councillor has not so been evaluated, the councillor concerned or the relevant executive may apply to the FCEC to waive this requirement in individual cases; or
(b) if that candidate has failed to pay any compulsory public representative contribution or any other debt to the Party in full.
4.10 All nominations must be made on forms attached as Appendix A, and must contain all the information required in the forms. Failure to complete the forms in full may result in the application being rejected. Submitting false or inaccurate information on the forms will result in the application being rejected, and may result in disciplinary action against the aspirant candidate.
4.11 Nomination forms must be available at all offices of the Party, and must be able to be downloaded from the Party website.
5. Election of Electoral Colleges
5.1 One or more Electoral Colleges must be established in each province to elect ward and list pools. The chairperson of the relevant executive is responsible for the establishment of such Electoral Colleges(s).
5.2 Where a region or other sub-provincial structure corresponds with a municipality, the candidates for the pools for that municipality must be selected by an electoral college or electoral colleges the composition and procedures of which will, subject to sections 5.4 to 5.12 be determined by the executive of such region or sub-provincial structure. Where this is not the case, the provincial executive will determine the composition and procedures of the electoral college or electoral colleges, including committees of it or them, which will select all the pools of candidates in municipalities in that province.
5.3.1 Electoral colleges that elect pools of ward candidates must be structured in such a way that representatives from the lowest applicable structure have appropriate representation on such colleges when pools of candidates for that ward are elected.
5.3.2 An Electoral College must be structured in such a way that persons who are not public representatives constitute at least half of the membership, and must be composed in terms of a system of representation approved by the Federal Council.
5.4 Any Electoral College, as well as, where appropriate, any office-bearer or committee, must be elected according to the single transferable voting system. An election of an electoral college may occur in batches to ensure that there is diversity. Where it is impossible or impractical to use the single transferable voting system, the relevant executive may apply to the FCEC to use the voting system in Annexure A of the Federal Constitution.
5.5 The Provincial Chairperson or Regional Chairperson, or a person to whom this function has been delegated, must convene the first meeting of the Electoral College(s). This meeting must elect:
(i) the Chairperson and Deputy-Chairperson of the Electoral College(s); and
(ii) any other committee/s that may be deemed necessary.
An Electoral College may, following the procedure outlined in section 5.4, elect a committee or committees for the purpose of screening aspirant candidates or undertaking probity checks.
5.6 Should an Electoral College elect any other Committees, such Committees must elect a Chairperson and Deputy-Chairperson from within their own ranks.
5.7 Whenever members are elected to any Electoral College, the balance of the ranked list of Electoral College nominees will be considered the ranked list of alternate members of that Electoral College.
5.8 The following persons shall not be eligible as members of any Electoral College or committee of such a college:
(i) Professional party staff members;
(ii) a spouse or partner, parent or step parent, parent-in-law or step-parent-in-law, sibling or step sibling, brother-in-law or sister-in-law, son-in-law or daughter-in-law, uncle or aunt, cousin or child of an aspirant candidate or approved aspirant candidate;
(iii) persons who were not members of the Party for at least a year prior to the first meeting of the electoral college in question: provided that the FCEC may on application from the relevant executive and with good cause, waive this requirement in individual cases;
(iv) aspirant candidates and approved aspirant candidates whose candidature will be determined by that electoral college(s); and
(v) more than two persons that are family members other than those disqualified in sub-section (ii) above.
5.9 One half of the members of any Electoral College or any committee of such a college shall constitute a quorum.
5.10 Every member and alternate of an Electoral College must receive appropriate training. The content of the training and the qualifications of any person providing training must be approved by the Chief Executive Officer, or a person designated by him or her.
5.11 Every province, region or other sub-provincial formation must lodge the composition and procedures of its electoral college(s) with the FCEC for its approval. Such lodging and approval must be concluded by a date to be determined by the FCEC, so that sufficient time is available for the FCEC to evaluate such composition and procedures, and for the required processes of the election of electoral colleges to occur. In the event that the composition and procedures of any Electoral College are not lodged, are lodged late, are lodged incompletely or are not approved by the FCEC, the FCEC may itself determine the composition and procedures of that Electoral College.
6. Electing Candidates for Ward and List Pools
6.1 Every aspirant candidate seeking election to a municipal council must be given an equal opportunity to address the Electoral College, and members of the Electoral College may put questions to an aspirant candidate.
6.2 After completing the interview with all the aspirant candidates, the Electoral College must proceed to discuss the fitness for purpose of each of the candidates. Only matters that are disclosed in the candidates’ nomination forms or during the interviews with the candidates may form the basis of this discussion.
6.3 An Electoral College selecting candidates for wards in any municipal council must interview all the aspirant candidates that have been validly nominated for each ward and must elect a pool of up to three candidates for each such ward.
6.4 The same Electoral College must interview and score all the aspirant candidates that have been validly nominated for the list in that municipal council and must elect a pool of approved aspirant candidates equal to twice the seat target total: provided that the pool may not be less than 10 and not more than the total number of candidates on the list that that municipal council is entitled to elect. The size of the pool may be varied by the FCEC on application by the relevant executive and with good cause.
6.5 All ward and list pools will be elected by a single transferable voting system or by a scoring system approved by the Federal Executive.
6.6 A member of an electoral college may not cast a vote for an election of a ward or list pool unless he or she has attended the interviews of all aspirant candidates: provided that
6.6.1 the FCEC may on application from the relevant executive, with good cause, and in advance waive this requirement in individual cases, or
6.6.2 in the event that the number of aspirant candidates to be interviewed exceeds the number of such candidates that can reasonably be interviewed in a weekend,
• the Electoral College may employ the scoring system referred to in Section 6.5;
• the Electoral College will be validly constituted provided at least two-thirds of its members attend all the interviews;
• the Electoral College must rank all the candidates that were interviewed by them after each session; and after the procedures outlined in section 6.2 have been complied with;
• the provisional list of aspirant candidates will be ranked according to the scores they obtained during the interviews even if such interviews were conducted during different sessions.
6.7 The Chairperson of the Electoral College will notify the relevant executive of the names of the approved aspirant candidates that have been elected to the ward and list pools, and will send a copy of this notification to the FCEC. The names of the approved aspirant candidates elected to such pools will be unranked and in alphabetical order. The Electoral College may provide such comments as it sees fit for the information of the Selection Panel.
7. Evaluation of Approved Aspirant Candidates
7.1 The Party will evaluate every approved aspirant candidate in the manner provided in these regulations, and will submit the evaluation to the panel considering that candidate’s selection in adequate time prior to the first sitting of the panel.
7.2 The evaluation will consist, in the case of approved aspirant candidates who are not serving public representatives, of
(i) a written evaluation by the chairperson of the relevant executive or the constituency head or his or her nominee of the sustained contribution made by that approved aspirant candidate to the organisation, growth and/or development of the Party.
(ii) a written evaluation by the chairperson of the relevant executive or a person or persons designated by him or her, of the contribution made by that approved aspirant candidate to his or her community or the wider society, and/or the leadership role that candidate occupies in the community or society.
(iii) an assessment of any relevant skills and/or training undertaken by the candidate.
7.3 The evaluation of aspirant candidates who are or were public representatives will be conducted in terms of the Performance Development and Management System.
7.4 The Leader, the provincial leader, the relevant executive or the leader or the chief whip of any caucus may apply to the FCEC that any person be prohibited from being nominated as an aspirant candidate on the grounds that he or she
• has failed to carry out his or her duties as a current or former public representative; and/or
• is not a fit an proper person to be a candidate of the Party.
Any such application must be accompanied by a full motivation specifying the grounds on which the application is based. The FCEC may, after affording such person the opportunity to rebut the reasons contained in the application for the refusal of his or her candidature, agree to or reject such application. Any person whose candidature has been rejected in this way may appeal to the Federal Legal Commission, whose decision will be final.
7.5 Each approved aspirant candidate must receive a copy of the written evaluations referred to in section 7.2 or 7.3 and, if he or she is satisfied with the content thereof, must sign the report(s) to signify his or her acceptance of it or them. If the approved aspirant candidate is not satisfied with any of the reports, he or she may draft a response to the report/s and address it to the chairperson of the relevant selection panel.
7.6 The evaluation conducted in terms of section 7.3 will be converted into a score in a manner approved by the Federal Executive, which score will be added to the score obtained by the approved aspirant candidate during his or her interview with the selection panel in terms of section 8.5.
7.7 The information contained, and the opinions expressed, in any evaluation are confidential, and may only be made available to the members of the selection panel, the relevant approved aspirant candidate and the designated Party official who administers the evaluations, who will be required to sign an undertaking to this effect.
8. Appointment and Role of Selection Panels
8.1 Each relevant executive must nominate the names of fit and proper persons who are willing and available to serve on selection panels. When nominating members of the selection panel, the relevant executive will try to arrive at consensus. The names of such members, accompanied by curricula vitae and a brief motivation as to the suitability of these members must be submitted to the provincial executive, which may comment on the suitability of such members, and must submit the names, together with the motivation, curricula vitae and its comments, to the Federal Executive for approval. If the Federal Executive rejects one or more members of a selection panel, it must supply reasons. In these circumstances, the procedure outlined in this section must be followed for the nomination of a replacement or replacements.
8.2 The following persons may not be eligible to be members of any selection panel:
(i) professional party staff members;
(ii) a spouse or partner, parent or step parent, parent-in-law or step-parent-in-law, sibling or step sibling, brother-in-law or sister-in-law, son-in-law or daughter-in-law, uncle or aunt, cousin or child of an aspirant candidate or approved aspirant candidate;
(iii) a member of an electoral college;
(iv) aspirant candidates or approved aspirant candidates in that municipality;
(v) persons who have a demonstrable personal interest in the outcome of the selection process.
8.3 Every selection panel must consist of not fewer than three and not more than seven members who must be suitably diverse. At least one of its members must have had previous experience of public representative office. A relevant executive may apply to the FCEC to vary the number of members on a selection panel or to establish more than one selection panel, with good cause.
8.4 The selection panel will elect its own chairperson and other office-bearers, and will decide on its own procedures, which must not be inconsistent with these regulations. The Party will resource and train the panel to enable it to carry out its functions.
8.5 The selection panel or panels will interview each approved aspirant candidate in the ward and list pools, and will consider the evaluation of those approved aspirant candidates carried out in accordance with sections 7.2 or 7.3. The interview will follow a standard format, and will assess those competences and attributes in a manner determined by the Federal Executive in terms of section 12.3. The members of the selection panel will measure these competences and attributes, and will allocate scores, which scores will be moderated after each interview. If more than one panel has interviewed candidates in a municipality, such panels must meet jointly for the purposes of deliberating on the merits of the candidates and provisionally ranking the ward and list pools.
8.6 Prior to deliberating on the merits of the candidates and to the provisional ranking in terms of section 8.7, the selection panel or panels may be addressed by the national leader, the provincial leader and/or the mayoral candidate. Such leader(s) and/or candidate may, on this occasion, specify his, her or their perspectives on the requirements of the relevant caucus as far as racial and gender diversification, expertise and geographic spread is concerned.
8.7 Once all the approved aspirant candidates in the pools have been interviewed, the selection panel or panels will provisionally rank the candidates in the ward and list pools by arranging the candidates in descending order of the scores obtained during the interviews and as a result of the evaluations, and will submit the provisionally ranked ward and list pools to the relevant executive and, in order to ensure due process, to the FCEC. In doing so, the selection panel may move approved aspirant candidates from a ward pool to the list pool in the position to which those candidates would be entitled in terms of the scores they obtained.
8.8 Any ward coordinator who has performed his or her duties to the satisfaction of the Chief Executive Officer or a person designated by him or her will automatically be an approved candidate for the ward pool in the ward in which he or she is the ward coordinator.
8.9 A candidate who has been provisionally ranked as the ward candidate in any ward may be required to remain the ward candidate, and his or her name may be removed from the list pool, if he or she has made him or herself available for both the list and the pool, at the discretion of the selection panel.
9. Selection of Mayoral Candidates
9.1 The Federal Executive will distinguish between strategic and non-
9.2 All municipalities that are winnable will be classified as strategic, but others that could be won through the formation of coalitions or which are symbolically important, might also be classified as strategic. Moreover, the Federal Executive may on application from the province concerned, classify any municipality as strategic if there are valid reasons for doing so.
9.3 Suitably qualified persons may apply to the relevant executive to be considered as the mayoral candidate in a municipality classified a strategic. Such mayoral candidates will, subject to paragraph 9.6, be elected by an electoral college consisting of
• Ten members elected by the Federal Executive;
• Five members elected by the provincial executive and five members elected by the regional executive, where regions exist: provided that where regions do not exist, all ten members will be elected by the provincial executive; and
• Ten members elected by the Electoral College that is established to elect the list pool for the municipality concerned, using the single transferable voting system.
This Electoral College will be chaired and convened by the Chairperson of the Federal Executive, or if he or she is not available, by the Deputy Chairperson of the Federal Executive. It will determine its own procedures, and will meet in the province in which the strategic municipality or municipalities is or are located.
9.4 The election of mayoral candidates in municipalities which have not been classified as strategic will, subject to paragraph 9.6, occur in terms of the relevant provincial constitution or provincial, regional or municipal selection regulations. The Party is not obliged to nominate a mayoral candidate if the electoral circumstances in any municipality renders such a nomination meaningless.
9.5 Mayoral candidates for municipalities not classified strategic must be approved by the Provincial Executive whether or not this happens prior or subsequent to an election. Should the Provincial Executive not approve such a candidate, the Provincial Executive must provide reasons to the relevant electoral college which must elect another candidate.
9.6 The national leader of the Party will ex officio be entitled to be the mayoral candidate in any municipality, if he or she wishes to assume this position.
9.7 A mayoral candidate will be entitled to the first place on the list of that municipality. In the event that the national leader occupies the
first place, he or she will be entitled to the second place.
9.8 The Federal Executive may itself, or on the recommendation of a province, region or municipal caucus, after following due process, require a mayor or a member of the mayoral or executive committee to resign his or her office on the grounds that he or she has
• Failed to implement, or contradicted the DA manifesto or Party policies;
• Conducted him or herself in a way which has brought the Party into disrepute or which has harmed the interests of the Party;
• Demonstrated his or her lack of competence or incapacity to perform his or her office or functions; and/or
• Lost the confidence of his or her caucus or of the relevant provincial executive through a motion of no-confidence accepted by a majority of members present and voting at a meeting of which due notice has been given.
9.9 Only the Federal Executive may require a mayor or a member of the mayoral or executive committee to resign. Caucus leaders of other caucuses may be removed following their own caucus rules and procedures, whether or not such municipalities were initially classified as strategic: provided that the caucus rules have been approved by the Federal Legal Commission and Federal Council.
9.10 Members of the mayoral or executive committee will be selected in those municipalities where the Party is the government or part of government by the mayor or caucus leader in consultation with the Federal Executive.
10. Review of Lists by Executives
10.1 The relevant executive will review the list(s) submitted by the selection panel. It may, by a two-thirds majority, amend the list(s), as provisionally ranked by the selection panel, by
• promoting to a higher position candidates placed in lower positions; and/or
• introducing aspirant candidates from the relevant municipality that were not part of the pool elected by the relevant electoral college
provided that such persons promoted or introduced may not amount to more than 10% of the list pool in total or one candidate, whichever is the greater in the case of the list, and not more than 10% of the electable ward candidates designated in terms of section 8.7 or one candidate, whichever is the greater, in order to promote diversity of the lists, to correct gender, racial and skills imbalances, or to insert candidates who may have been prejudiced by sectarian interests during the selection process.
10.2 Once the lists have been reviewed by the relevant executive, the likely-to-be-elected caucus will be submitted to the provincial executive, which may make such comments and recommendations as it thinks fit, before submitting the likely-to-be-elected caucus and its comments to the Federal Executive, which will consider the composition of this caucus to ensure that it is sufficiently diverse and that it comprises the requisite skills. The Federal Executive may refer the ward and pool lists back to the provincial executive if it believes that this likely-to-be-elected caucus is unacceptable, and must provide reasons for coming to this conclusion. If the relevant executive has already amended the list(s) in terms of section 10.1, or if is unwilling to amend the list(s), the Federal Executive may itself additionally amend or further amend the ward and pool lists to the extent provided for in section 10.1.
10.3 The lists, as ranked by the selection panel and reviewed by the relevant executive and the Federal Executive will be submitted to the Electoral College, which can provide reasons in what way the lists are unacceptable, and may make such other comments as it deems fit. The relevant executive must consider these comments and submit them, as well as any comment it may have, to the provincial executive and Federal Executive. The Federal Executive, after considering the views, if any, of the provincial executive and the comments of the Electoral College, may make further changes to the lists, limited to those provided for in section 10.2, or it may reject these views, comments and reasons, whereafter its decision subject to section 11.2 and 11.3, is final.
10.4 No member of any executive may vote or participate in the proceedings of that executive when it reviews a list unless his or her candidature, or the candidature of any persons referred to in section 5.8 (ii), is not at issue. In the event that a relevant executive is not quorate after the persons referred to in section 5.8 (ii), have recused themselves
• the regional executive, if there is one, in the instance where a sub-regional executive is the relevant executive;
• the provincial executive where a sub-regional executive is the relevant executive and there is no regional executive;
• the regional council where the regional executive is the relevant executive;
• the Federal Executive, in the instance where the provincial executive is the relevant executive,
will elect a sufficient number of Party members in the area of jurisdiction of that relevant executive to enable it to form a quorum and to perform its functions in terms of these regulation.
11. Appeals and Oversight
11.1 The FCEC may designate an official or officials who may monitor the (a) nomination; (b) selection and (c) ranking procedure in any province and certify that the procedures comply with the Federal Constitution and these Regulations. Such official(s) should also act as an ombudsman in terms of these regulations.
11.2 Any aspirant candidate or approved aspirant candidate or candidate has the right, in terms of Clause 9.3.1 of the Federal Constitution, to appeal within a reasonable period to the Federal Legal Commission on the grounds that the proper procedure was not followed or the nomination was invalid for any other reason, including that a relationship, prohibited in terms of section 5.9 or 8.2 exists between an aspirant candidate and a member of an electoral college or a selection panel. The right to appeal in terms of this paragraph must be drawn to the attention of all aspirant candidates on their nomination forms.
11.3 Any aspirant candidate or approved aspirant candidate has a right to appeal to the Federal Executive on the grounds that his or her candidature was not properly considered by the electoral college, the selection panel or the relevant executive, as the case may be. The Federal Executive will establish a sub-committee to consider such appeals. The decision of the sub-committee on such appeals is final.
12. General Provisions
12.1 The relevant executive must:
(i) designate an official/s who shall receive nominations and other documentation on behalf of an electoral college or electoral colleges and its committee(s);
(ii) provide secretarial services to the electoral college(s), the selection panel(s) and its committee(s);
(iii) conduct such probity checks on aspirant candidates as may be determined by the FCEC.
12.2 All dates relevant to the procedures set out in these Regulations shall be determined by the relevant executive in consultation with the FCEC.
12.3 The Federal Executive is responsible for
• the development and presentation of an appropriate orientation and training programme which will ensure that electable candidates are familiar with (a) the duties and responsibilities of public representatives and (b) the vision, principles, structure, policy and programme of action of the Party. Orientation and training must be available to all approved aspirant candidates.
• the development of a standard job description for a public representative against which the suitability of approved aspirant candidates can be measured by those responsible for evaluating them
• the development of a system of evaluation of approved aspirant candidates, including a system of scoring and moderating this evaluation. Such a system may distinguish between existing public representatives, and persons who have never been public representative;
• the compilation and distribution of any other standardised procedures, criteria or other relevant documentation required by these regulations;
• taking any appropriate steps to ensure that a relevant executive adheres to the procedures laid down in these regulations, or in the event that any relevant executive refuses to or omits to adhere to such procedure, taking appropriate steps to adhere to these procedures itself.
12.4 The Federal Executive, acting on the advice of the FCEC, shall have the right to waive any of the provisions of these Regulations if it has become impractical to apply them in one or more municipalities, regions or provinces.
12.5 The FCEC may, on the advice of the relevant executive remove a candidate from a list or as a ward candidate if such candidate has failed to carry out reasonable duties or to fulfil reasonable obligations in connection with the campaign or who publicly or maliciously damages the Party or the campaign: provided that the candidate in question must be afforded the opportunity to make representations to the FCEC prior to it making a decision.
12.6 Relevant executives must lodge its [their] procedures for the election of candidates to fill casual vacancies that may occur in any municipal council with the FCEC for approval, which procedures must be consistent with these regulations.