THE CONSTITUTION OF UMHLAHLO WESIZWE SIKA MTHWAKAZI
THE PREAMBLE.
The Freedom Prospects
In view of the 87 years of racial domination which was replaced by the now 27 years of tribal domination totaling 114 years of oppression and suppression, We the people of Matabeleland are plunged in the survival crisis of the suppression of the minorities along tribal lines. Our only option to salvation is to rise and assume Our rightful role of determining Our existence as We deem it fit. Let us march at the same footsteps and as equal partners with all the other members of the human race in the global village. Freedom is an inseparable right of the national minorities which is linked with the principle of complete equality. As We! the inter-cultural minorities of Matabeleland live cherishing FREEDOM, our stand-point remains;
Vision.
“Longing for fraternity, tranquility and hospitality in Our homeland.”
Mission.
To get rid of the suppression of the minorities on tribal bases in Matabeleland, and set
Ourselves free.
Ethics.
Our cause is based on the ethics of Truth, Justice and Morality.
The Doctrine.
Our doctrine is the cause of freedom, democracy and self-determination.
Freedom.
Our road to Freedom is the advent of Matabeleland in which human beings shall enjoy freedoms of speech and belief, and freedom from fear and want, political freedom of association, worship, movement, property, privacy etc. First and foremost, the right to democracy, self-determination, minority safeguards and equal opportunities; in Our homeland as the highest aspiration of the common people.
Democracy
We are earnestly urging for democracy in its original sense i.e. ‘The government of the people, by the people and for the people, endowed with the minority safeguard’.
Self-determination
Self-determination of the minorities of Matabeleland is Our right of political separation from the alien interests. The adoption of the existence which is determined by the local inhabitants themselves on the bases of their economic and social conditions as well as the make-up of their population is in line with the United Nations General Assemble, Resolution of 14 December 1960. Self-determination is also the concrete expression of the United Nation’s Universal Declaration of Human Rights of 10 December 1948.
Equal Opportunities
The right of the national minorities is inseparably linked with the principle of complete equality. Equal opportunities enshrines the dignity of the minorities, and fulfill the fundamentals of the Umniversal Declaration of Human Rights in practical terms. And it is Our safeguard.
The People of Matabeleland
We! the people of Matabeleland are an Inter-Cultural Society of the multi-ethnic minorities. We are the product of evolutionary emigration, colonial expansion and intermarriages. Basically We fall under five categories. The pre-colonial black inhabitants, the European emigrants, the Asian emigrants, the black emigrants from the frontline states and the coloured people. We are a diverse community of fifteen inter-cultural minorities, namely in the alphabetical order: African Asians, African Europeans, Basarwa or Sani, Black emigrants, Colourds, Kalanga, Karanga of Matabeleland, Nambiya, Nguni,Swazi, Shangani of Matabeleland, Sotho, Tonga, Tswana, Venda and Xhosa; the Nation made of the Nationalities of the Kings of the world-(iSizwe sezizukulwane zama Khosi oMhlaba).
Our Homeland
Matabeleland, Our homeland shall be an Inter-Cultural Society expressing the will and interests of all the national minorities on the principles of the Universal Declaration of Human Rights. Our Homeland shall be designed along the principles which safeguard all the minorities. We aspire to enjoy free self-determination of all the nationalities of Matabeleland on the bases of voluntary agreements and voluntary disagreements in the Homeland of the nationalities of our Kings (eKhaya lezizukulu zama Khosi ethu)
Now therefore We the people of Matabeleland by a resolution of a general meeting We hereby establish Umhlahlo we Sizwe sika Mthwakazi a platform of reaffirming our identity and promoting our dignity, committing ourselves to the fundamental freedom and social justice.
1. ARTICL E 1: The Name of the Organization.
The organization shall be called ‘UMHLAHLO WE SIZWE SIKA MTHWAKAZI’ (The Vanguard of the People of Matabeleland) herein after referred as Umhlahlo.
2. ARTICLE 2: The Status of Organization.
Umhlahlo shall be:
2.1. A non-violent and non-discriminatory political voice of the marginalized minorities of Matabeleland.
2.2. A body corporate with limited liabilities and perpetual succession, and which has a separate existence from its members.
2.3. An inclusive and accommodative community umbrella of the Inter-Cultural Society
of Matabeleland which is committed to the principles of the Universal Declaration of Human Rights.
3. ARTICLE 3; The Location
Umhlahlo shall have its head-quarters at any place as the consensus of its Summit Assemble shall determine as its centre for the fluent facilitation of the umbrella’s programmes.
4. ARTICLE 4: The Scope of Operations.
Umhlaho shall operate within Zimbabwe or anywhere in terms of this constitution.
5. ARTICLE 5 The Aims and Objectives.
Umhlahlo shall pursue the following aims and objectives to accomplish its programmes both in words and deeds.
5. 1. The Aims.
Umhlaho aims to:
5.1. (a) Set up a community umbrella for both affiliate and ordinary membership to serve as the voice of the marginalized minorities of Matabeleland by the majority of Mashonaland.
5.1. (b) Achieve the cherished democracy which guarantees the government of the people, by the people and for the people themselves.
5.1. (c) Achieve self determination for the marginalized minorities of Matabeleland on the bases of the Universal Declaration of Human Rights.
5.1. (d) Uplift the living standards of the marginalized minorities of Matabeleland.
5.1. (e) Contribute to the local, national and international endeavors of creating a conducive environment for the fundamental human rights, in dignity and worth of the human person, and to promote social progress and the better standard of life in larger freedoms.
5.2. The Objectives.
Umhlahlo intends to:
5.2. (a) Strive to foster the solidarity of the marginalized minorities of Matabeleland regardless of nationality, race, colour, gender, age and belief.
5.2 (b) Revoking Marginalization.
Umhlahlo strives to eradicate the suppression of minorities of Matabeleland by:
5.2. (b) (1) Fighting for the abolition of the exclusive privileges of the ruling majority, at the detriment of the marginalized minorities.
5.2. (b) (2) Fighting for the abolition of all the laws and by-laws which violet the human rights, and degrade the human dignity of the minorities.
5.2. (b) (3) Fighting to cause that all the acts of marginalizing minorities either through overwhelming or sidelining them, should become a punishable offence.
5.2. (b) (4) Fighting for the abolition of the indemnity of either committing or omitting to prevent acts which violet the human rights, or degrades the dignity of the minorities by any office of the state.
5.2. (c) Invoking Freedom.
Umhlahlo strives for the concrete expression of freedom and equal opportunities for all the minorities of Matabeleland by:
5.2. (c) (1) Promoting the ethics of truth, justice and morality; as the attitude of social relations among the minorities of Matabeleland and the rest of mankind.
5.2. (c) (2) Promoting political democracy in the management of both the state and the civil affairs of the homeland; in order to enable all the minorities of Matabeleland to exercise the full rights of self-determination.
5.2. (c) (3) Promoting economic transparency and accountability in the production,
distribution and exchange of goods and services of our homeland; in order to enable the minorities of Matabeleland to secure a fair dividend from the national wealth and to improve their quality of life.
5.2. (c) (4) Promoting cultural civilization through fostering the practice of the Universal Declaration of Human Rights; in order to restore the human dignity of all the minorities of Matabeleland, and to uplift their wellbeing.
5.2. (c) (5) Encouraging community responsibility by the state, local government and the business world in order to enhance consumer satisfaction among all the minorities of Matabeleland.
5.2. (c) (6) Encouraging the principles of self-criticism and constructive criticism in order to promote the spirit of voluntary association and friendly exchange of ideas among citizens of different backgrounds.
5.3. Encouraging Umhlahlo members and the society as a whole to observe the attitudes of fair-mindedness, understanding, tolerance and respect for the people and their views; which are essential for the attainment and maintenance of justice, peace and harmony at all times.
5.4. Sourcing the necessary funds for the fulfillment of Umhlahlo’s aims and objectives.
5.5. Setting up self-help projects and conducting fund raising functions in order to finance such programmes.
5.6. To undertake any activity incidental to, or connected with the foregoing.
6. ARTICLE 6: The Membership
6.1. Qualification of Members.
The membership of the Umhlahlo is voluntary and shall be open to any marginalized person or institution of Matabeleland, as well as the humanitarian communities
who subscribe to the above enunciated aims and objectives.
6. 2. Categories of Membership.
The membership of Umhlahlo shall be categorized as follows:
6.2. (a) Affiliate membership for institutions, organizations, associations and groups.
6.2. (b) Ordinary membership for individuals.
6.2. (c) Senior membership for the aged people who championed the cause of freedom distinctively in Matabeleland.
6. 3. The Joining Fee.
The joining fee of the Umhlahlo shall be determined by the Summit Assemble of the organization from time to time to cover each member’s administrative costs.
6.4. Subscriptions.
The subscriptions shall be determined by the Summit Assemble as well. Fees for the institutions, groups and individuals shall be set.
6.5. Donations.
Donations in cash or kind shall be voluntary and optional.
6.6. The Register of Members.
The Secretary General’s office shall keep an up-to-date register of all the registered members, and membership cards shall be issued to all the members.m
6.7. The Constitution
Any member may acquire a copy of the constitution upon payment of nominal fee for stationary costs.
7. The Rights and Duties of Members.
7.1. All Umhlaho members shall have the right to attend meetings, conferences, receptions, seminars and symposia organized by the umbrella.
7.2. Any member shall have the right to elect or be elected to any office in the structures of the umbrella.
7.3. Any member shall have the right to submit for discursion by Umhlaho any proposal, suggestion, or topic provided such proposal, suggestions, or topics are not in conflict with the aims and objectives of Umhlaho and the Universal Declaration of Human Rights.
8. The Rules and Obligations of Members.
8.1. Every member of Umhlahlo is obliged to observe all the provisions of this constitution.
8.2. Every member is obliged to abide by the decisions of Umhlahlo which are reached through a constitutional and democratic process.
8.3. Every member is obliged to take an active role in the affairs and activities of Umhlahlo.
8.4. Every member is obliged to be transparent in all his/her activities involving Umhlahlo; and to inform the relevant structures of Umhlahlo promptly and regularly.
8.5. Every member is obliged to be honest and respectful in conducting the affairs of Umhlahlo, and to avoid rendering the image of the umbrella in disrepute.
9. Termination of the Membership.
The membership of Umhlahlo may be terminated on the following grounds:
9.1. Voluntarily when a member resigns.
9.2. Expulsion:
9.2. (a) When a member fails to comply with the constitution of Umhlahlo; in which case, depending upon the circumstances civil suit may be instituted.
9.2. (b) When a member fails to pay his dues to Umhlaho, in which case debt collection measures shall be effected to recover the defaulter’s liabilities.
9.2. (c) When a member misappropriates the funds/assets of Umhlahlo; in which case civil suit or criminal suit, or even both may be instituted.
9.3. Death of a member, in which case martyrdom tributes shall be paid.
10. ARTICLE 7: The Management of Umhlahlo.
The organizational structure and the constituent bodies of Umhlahlo shall be based on the following fundamental principles:
> Any membermm of Umhlahlo has a right to elect or be elected into any office.
> Any constituency which elects a member into an office is equally endowed with the legitimacy of recalling such a member out of office, with a two-third majority of ‘vote of no confidence’.
10.1. The Organizational Structure.
The structure of Umhlahlo shall be as in the attached annex.
10.2. The Constituent Organs.
All the constituent organs of Umhlahlo shall be duty bound to:
Promote the aims and objectives of the umbrella in Matabeleland.
Carryout the functions which fulfill the interests of the grassroots masses.
Facilitate the emergence of a cohesive mass participation that drives the momentum of the struggle. The constituent organs of the umbrella shall be as follows:
10.2. (a) The National Congress.
The National Congress shall be the highest authority of Umhlahlo on all constitutional matters. The Congress shall be composed of the National Executive Council, the Summit Assemble and representatives from the districts and branches. It shall be convened twice
in five years, to make two seatings during the life spun of any parliamentary term. The Congress shall review all issues pertaining to party programmes, finance, strategic and tactical, doctrine, and policies issues; and elect office bearers among the overall pertinent issues.
10.2. (b) The National Executive Committee (NEC).
The NEC shall be Umhlahlo’s executive organ which shall implements the programmes and resolutions as enunciated by the National Congress. It shall be the master-mind of the umbrella on strategic and tactical matters on day-to-day bases. On the day-to-day matters the NEC shall be responsible to the Summit Assemble. The NEC shall consist of the following: President and deputy, Secretary-General and deputy, Treasurer and Financial Secretary, National Chairperson, National Organizing Secretary and deputy, Publicity and Information Secretary, Secretary for Gender Relations, Secretary for the Youth, Secretary for Labor Relations, Secretary for Welfare and Recreation, Secretary of Education Science and Culture, Secretary for Health, Secretary for Economic Affairs, Secretary for External Affairs and four committee members. The NEC shall be elected by the National Congress and its term of office shall coincide with the duration of the interval between the two consecutive congresses. Office bearers shall be eligible for re-election at the pleasure of the Congress: but less the Congresses which seat as extra-ordinary national meetings. The NEC shall meet regularly at least once per week. The party President shall preside over the NEC proceedings.
10.2. (c) The Summit Anmssemble.
The Summit Assemble shall be the joint seating of the League of Allies, NEC and the Inter-Provincial Assemble presided over by the National Chairman. The Assemble shall be the policy-making and decision-taking organ of Umhlahlo pending the confirmation of the National Congress. It shall seat regularly at least quarterly per year.
10.2. (d) The League of Allies.
The league of Allies shall be the custodian of the constitution on behalf of the grassroots- masses. In the event of a constitutional crisis in the party; it shall seat as the constitutional jury, its verdicts shall moderates the direction of the Summit Assemble towards the way forward. It shall be composed of the leaders/or representatives of all the affiliate members of the FreeFront who may have the mandate of their organizations; but shall be obliged to put the interests of the society above their affiliate organizations. Each affiliate member shall be represented by one person at a time in the League. All the League’s members shall have equal status/one vote. The league shall meet regularly at least once per month. The National Chairperson of Umhlahlo shall preside over the proceedings of the League of Allies.
10.2. (e) The Inter-Provincial Assemble
The Inter-Provincial Assemble shall be the direct link between the grassroots-masses and the top leadership of Umhlahlo. It shall be composed of the representatives of all the provinces of Matabeleland who include Chairpersons, Secretaries, Treasurers, and Secretaries; for Organizing, Information, Gender, Youth, Labour and Welfare.
The National Chairperson shall preside over the proceedings of the Inter-Provincial Assemble. The Assemble shall bear the mandate of the grassroots-masses. It shall meet regularly at least quarterly per year.
10.2. (f) The Secretariat.
The Secretariat shall be composed of the administrative staff employed by Umhlahlo to do the day-to-day management, under the supervision of a full-time administrator as follows:
10.2. (g)(1)The Administration Staff.
The Secretariat shall be housed in party offices as determined by the NEC. The Secretary-General shall be the principal officer of the party’s administration.
10.2. (g) (2) The Outreach Support Agency.
The Outreach Support Agency shall be the public relations and fellowship organ of Umhlahlo; which shall carryout; advocacy, canvassing, lobbying, networking and conduct work-shops in the field; to enable the outreach programmes to reach the grassroots masses. The Secretary of Education, Science and Culture shall be the principal officer of the Agency.
10.2. (g) (3) The Outsource Support Agency.
The Outsource Support Agency shall be the research, development and statistics organ of Umhlahlo; which shall carryout the fact-findings to gather information and keep information readily available to the end-users in the field. The Agency shall conduct research studies and prepare the campaign materials and ideas. It shall publish literature such as bulletins, magazines, leaflets and pamphlets, posters, stickers, flags, tee-shirts, caps, etc. The Secretary of Information and Publicity shall be the principal officer of the Agency.
10.2. (h) The Provincial Committee.
The Provincial Committees shall be the executive bodies for the provinces which shall supervise the formation and administration of the District Committees where applicable. Their composition shall be identical with the NEC except for the non-applicability of the posts of president, vice president and the secretary for external affairs. The addition shall be the deputy chair person. The Provincial Committees shall meet regularly at least once per month.
10.2. (i) The District Committees.
The District Committees shall be the executive bodies for the districts which shall supervise the formation and administration of the branches where applicable. The composition of the district committees shall be identical with the provincial committees. They shall meet regularly at least once per month.
10.2. (j) The Branches.
The Branches shall be responsible for recruitment and registration of members, organizing meetings, raising funds and overseeing the welfare of the members. The members at branch level shall be organized into four wings i.e. the elderly people’s wing over 65 years old, the able bodied men’s wing 39-65 years old, the able bodied women’s wing 39-65 years old and the youth wing 18-38 years old. Each wing shall be led by a committee which shall be composed as follows: Chairperson and Deputy, Secretary and Deputy, Treasurer and Financial Secretary, Organizing Secretary and Deputy and two committee members. The Branch chairperson shall preside over the proceedings of the joint meetings of the four wings.
10.2. (k) The Sub-Committees.
Umhlahlo shall form the sub-committees when necessary to execute specific tasks such as the fund raising and discipline sub-committees etc.
11. ARTICLE 8: The Meetings of Umhlahlo.
Umhlaho shall convene the following meetings to carry out its proceedings:
11.1. The General Meetings.
The general meetings shall be held regularly to conduct the day-to-day business of the party.
11.2. The Extra-Ordinary/Special Meetings.
The extra-ordinary meetings shall be convened to consider a particular and urgent issue.
11.3. The National Congress.
The national congress shall be held twice during the life-span of every parliament. The business of the Congress shall include:
Consideration of the following: the minutes of the previous Congress, the President’s report, the Treasurer’s audited report, the work plan/action plan presented by the NEC, any amendments to the constitution, election of the NEC, and the approval of the auditors and solicitors of the party.
11.4. The Annual General Meetings (AGM).
The AGMs shall be held annually to do the similar business as the National Congressexcept the election of the NEC and the amendment of the constitution.
11.5. The Quorum.
The quorum of all the meetings of Umhlaho shall be an attendance by two/thirds of the registered members.
11.6. The Motion.
All the motions of Umhlaho at all the levels shall be passed with a simple majority except in the cases of the amendment of the constitution, the decision to wind-up/dissolve the umbrella or in passing a vote-of-no-confidence against an elected office bearer; in which case it shall be a two/third majority.
12. ARTICLE 9: The Finance.
Umhlahlo shall safeguard its monies as follows:
> The National Treasurer shall be the principal financial officer of the umbrella’s funds. > The umbrella shall open an account with an approved bank and shall keep up-to-date books of accounts.
> Any three of the following four persons shall sign bank withdrawals when authorized by the minutes of the NEC meeting: the President, National Chairperson, Secretary-General and National Treasurer.
> All the monies of Umhlahlo shall be kept in the bank except when constitutionally authorized
> All bank withdrawals shall be made in a cheque form.> Petty-cash shall be safeguarded according to the laid down procedures.
> All irregularities in cash handling shall be reported to the relevant office and fraudulent cases shall be treated through the legal means.
13. The Funding.
Umhlahlo shall be funded through the following sources:
13.1. The joining fees and membership subscriptions.
13.2. The donations from the well-wishers.
13.3. The fund raising projects.
13.4. The sale of literature.
14. The Application of Funds.
All Umhlaho’s funds shall be used for party business only. The National Treasurer shall control the proper use of the umbrella’s funds.
15. The Financial Year.
The financial year of the umbrella shall be a date after the anniversary of its formation. On the financial year all the books of accounts shall be closed for stock-take and audited in preparation for the AGM.
16. ARTICLE 10: The Settlement of Disputes.
> Umhlahlo shall convene adhoc disciplinary subcommittees to summarily handle case of disputes and discipline at different levels of the organization; which shall be presided over by chairpersons.
> Any next higher level of the disciplinary sub-committee of Umhlahlo shall be an appeal body.
> The national disciplinary committee shall be the highest internal appeal organ.
> All external disputes within Umhlahlo shall be referred to the court of law.
17. ARTICLE 11: The Amendments of the Constitution.
The Amendments to the constitution of Umhlahlo shall be made by the Summit Assemble pending the authentication of the National Congress. Such a motion shall be passed with a two third majority.
18. ARTICLE 12: The Winding-up/Dissolution.
Umhlahlo may be dissolved by a resolution of an Extra-Ordinary General Meeting attended by two thirds of the registered members. The notice of such a meeting shall be given at least three months before the date of such a meeting. The assets of the umbrella shall be disposed by the court as per a resolution of its winding members.
19. ARTICLE 13: The Approval of the Constitution.
This constitution was approved by the general meeting of its forerunners on.................................................................at........................................................................as the by-laws of Umhlahlo we Sizwe sika Mthwakazi.
Signed by the steering leadership on behalf of over ................................other co-founders.
DESGNATION. FULL NAME. NAT: I.D. & ADDRESS. SIGNATURE.
1. Chairperson: .............................. ...................................... .......................
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2. Sercetary ............................. ...................................... ......................
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3. Treasurer .............................. ...................................... .....................
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WITNESSES. FULL NAME NAT. ID. NO. SIGNATURE
1 ........................................ ............................. ...........................
2 ....................................... ............................. ...........................
3 ....................................... ........................... ...........................
4 ........................................ ........................... .........................
5 ........................................ ............................ ........................
6 ........................................ ........................... .......................
7 ........................................ ............................. ....................... 8 ........................................ ............................ ........................
9 ...................................... ............................ ........................
10 ..................................... ............................ ........................
The Special Conditions:
This constitution was drafted by the founding members of the umbrella organization of all the interested people of Matabeleland and purports to express the will of the entire community. Therefore the fulfillment of the following conditions is obligatory in order to acquire the authenticity of the document:
a) The founding members should circulate, publish or disseminate the document to all the concerned members of the community.
b) An Extra-Ordinary Meeting attended by the properly accredited representatives of all the sections of such a community should be convened to adopt the constitution.
c) The interim leadership of the founding members should retire before an impartial returning officer and hand over the leadership to the substantive NEC thereby duly elected by such a meeting. This does not overrule the re-election of the retiring office bearers at the pleasure of the voters.
NB. Thus said it does not prejudice the obligations of the interim leadership to exercise the dictates of the constitution as the provisional bye laws once registered.
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