FUNCTIONS, ROLE AND RESPONSIBILITIES OF THE CHIEF
WHIP OFFICE
NORTH WEST PROVINCIAL LEGISLATURE
FOREWORD
Traditionally, legis latures have been des cribed as law-making bodies and
executives as the bodies with the res pons ibility to implement laws . However,
modern government is m uch more complex than this approach acknowledges .
Areas of publi c policy m aking have expanded dram atically in past decades . A
government in m odern societies regulates m any as pects of lives of their citizens .
This requires m ore advanced s ystems of governance and more closed working
relations hip of the Chief Whip and the Executive to implement the organization’s
policies.
Nowadays , the initiative in public policy m aking lies with the executive. This is
important in the relatively young democracy of South Africa with its powerful
imperative for s ocial and econom ic trans formation. At the s ame time, the
emphasis in the work of legislatures is extended from prim arily law-making
activity, to als o include monitoring and oversight of the executive and the
implementation of its policies .
South African Cons titution expressly gives the provincial legislatures, committees
and individual m em bers of these ins titutions the power to initiate legis lation. All
these iss ues mentioned here are subject to be dis cussed at the Strategy meeting
By Chief Whip
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1. Introduction
The ANC come into power in 1994 after the firs t democratic elections in South
Africa. This provided the ANC an opportunity to es tablish democratic ins titutions
that are critical to our trans form ation agenda, of building a united, nonracial,
nons exis t, democratic and pros perous South Africa. In the pas t fourteen years ,
the ANC has been inform ed by an unders tanding that s tate power is not for its
own s ake but it is about taking forward our transformation agenda.
The establis hment of ins titutions that are critical to realizing our vis ion is als o
influenced by what has broadly happened in the world. Progressive parties in the
world have es tablished Caucuses and ensured that they remain central in
providing broad s trategic leaders hip to society.
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2. A brief historical background of the Whippery
A Whip is a political office that is ass igned to an elected Members of Parliam ent
or Legislature whos e tas k is to adminis ter the Whippery s ystem of a Legislature
and oversee its political and adminis trative functioning, as well as ens ure that
MPL’s attend and vote in the Hous e, and undertake their Parliamentary duties ,
as the elected representatives of the people.
Although the firs t usage of the title “Whip” in Parliam entary dis course cannot be
dated exactly, it originates from the Britis h Parliamentary s ys tem and has long
been part of the Parliamentary dis cours e from as early as in the nineteenth
century.
The “Whippers-in” as they were called, were already well es tablished in 1815, but
their activities attracted little attention until the 1860’s , which is s aid to be
because the late nin eteenth- century practice which gave governm ent nearly
85% of parliamentary tim e had not yet com e to be recognized for what it was - a
perm anent feature of Commons life.
By the end of the nineteenth century, the activities of whips were becom ing more
important to the work of Parliam ents and were increas ingly been recognized as
key for ens urin g both the political and adm inistrative functionality of Legislature
bus iness . Thereafter, MPL’s becam e increas ingly aware of the extent to which
they own comfort depended on the quality of the m anagem ent of Parliamentary
schedule by the Whippery, particularly Chief Whip. It was the Chief Whip that
arranged the tim etable of the House gave MPL’s permiss ion to go to home or go
to s ick leave and arrange the order of s peakers in debate, among other issues .
By the beginning of the twentieth century, m any of the current features of the
Whippery were already well es tablished i.e. the arrangem ent of the bus iness of
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the Hous e, ens uring the organization of MPL’s comm ittees, the dis tribution of
political offices, count votes, communicate majority pos ition, arranging trans port
and accommodation fro MPL’s through his Support Staff.
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3. The Whippery
Whips Duties and Responsibilities
1. Chief Whip- Office
2. Whip
3.1 Role and Responsibilities of the Chief Whip
The Chief Whip is the mos t s enior party Whip, upon whom res ts the ultim ate
responsibility for the actions of all party’s MPL’s. Secondly he is the m os t s enior
party Parliam entary office bearer, political manager and s trategis t and act as a
communication links between Parliam entary party and the Executive. The Chief
Whip’s authority over MPL’s comes from the leaders hip, and the authority of
ordinary Whip comes from the acting of the Chief Whip’s delegated authority and
in the Chief Whip’s name.
Current practice is that the Chief Whip of the majority party is the Chief Whip of
the Legis lature. This m akes it poss ible for the m ajority party to ass ume its
political responsibility which is to lead the implementation of governm ent’s (the
majority party) programm es and policies .
The Chief Whip m ust m aintain the dignity of Legis lature.
Two distinct roles can be identified, nam ely:
•
Institutional role: ens uring the effective development
and implementation of the legislative
programme.
o Overall coordination and managem ent of all
whippery activities;
o Chair of Programming;
o Liaison with the Executive through the
Leader of the Hous e;
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o Facilitates the appointm ent of special
delegates to the NCOP;
o Act as an adminis trative officer to the
Legislature parties ;
o Arrange the number and order of Mem bers
who wish to s peak in debate.
o Manages and overs ees air tickets
o Approves leave of absence.
o Accounting officerCons tituency Fund\
Caucus
Fund and
o He s hall allocate office to his Members
including in the Hous e
o Co-operating with whips of other parties in
arranging the Legislature functio ning
•
Party Role: the political m anagem ent of mem bers and
their participation in the Legis lature.
o Accounting officer
cons tituency fund;
for
caucus
and
o Management of party caucus m eetings
and consultations , party s tudy groups ,
arranging party m em bers hip of Legislature
committees and organizing any party
balloting that m ay be required.
o Chief Whip as the m ost s enior party office
bearer he is bound to honour the party
decis ions and he is the s ole bearer who
have the authority to report to the
organization
on
party’s
Members
discipline, he will reprim and the Members
as it is his prerogative to do so and
ultim ately he mus t report the matter to the
organization.
Outs ide the legis lative process, the Chief Whip is respons ible for party
organization, including the activities of Caucus , Study Groups and individual
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Mem bers , and is ultim ately res pons ible for the Parliamentary party’s publi c and
media relations .
The Chief Whip has cons iderable influence and powers over MPL have to ens ure
their proper conduct is always portrays good im age of the Legis lature and the
party. For thos e who s tep out of line. Chief Whip has an array of dis ciplinary
powers. He may for ins tance, choose to reprimand a Mem ber privately, to
cens ure the Member in Caucus or exercise powers such as to withdrawing of
privileges (flights ), the refusal of leave of absence, the refusal of perm ission to
participate in overseas s tudy trip, or s us pend any m ember from Caucus .
3.2 Chief Whip and the Organization
From tim e to tim e the Chief shall be in contact with the ANC provincial office. In
matters which need political direction the Chief Whip s hall invite the Provincial
Secretary to address Members of the Caucus .
The Political Committee Forum is chaired by the Chief Whip and the Provincial
Secretary he is a full mem ber of the comm ittee. The Chief Whip liaises with the
office of the ANC when conducting the political schools or where there are events
needing the Provincial office for the MPL’s .
The ANC Provincial Office is the cus todian of all political m andates or other
matter which are relevant which need to be process ed at the party Caucus . The
Chief Whip is res pons ible for programming the work of the ANC. The Chief Whip
shall be the spokespers on in all matters affecting Mem bers of the Caucus or
Mem bers of the Legislature.
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3.3 Role of the Chief Whip and the S peaker’s Office
The Chief Whip s hall liais e with the office of the Speaker, Chair of Chairs and
Governm ent Bus iness Leader on the legis lative programm ing. In conjunction with
the office of the Speaker, Chair of Chairs and Government Business Leader they
shall co-ordinate and determine the legis la tive programm e.
The Chief Whip and the Office of the Speaker they shall lead the delegation or
delegate any other Mem bers of the Legislature during the s tate of nation address
by the Pres ident of the country or any delegation that might need their presents .
Both offices mus t carry out their functions im partially.
3.4 Co-ordination Role of Chief Whip with National Assembly and NCOP
The Chief Whip s hall be responsible for the deploym ent of MP’s to the
Parliamentary Constituency Office. He shall be responsible for attending the
Chief Whip’s Forum at the National Parliam ent. Provincial Chief Whip s hall from
tim e to tim e interact, liais e and comm unicate with the National Chief Whip.
3.5 Relationship of Chief Whip and Opposition Party Whips
The Chief of the Majority ass umes all the res pons ib ilities of whippery in the
Legislature including those of oppos ition party’s . He is the interm ediateries
between his party and the oppos ition party’s . He is res ponsible for allocation of
tim e for opposition parties in debates . In the event there is internal Chief Whips
Forum the Chief of Majority will chair s uch forum . Chief Whip m us t secure
Mem bers ’ attendance register in meetings and sittings .
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4. Roles and Responsibilities of the Whip
While the Chief Whip is the senior office bearer res pons ible for devis ing
Legislature s trategy, representing the party in strategic Legis lature Committees
and for ens urin g that the legis lative programme is carried out, it is the Whip who
actually does the work on the ground. And while the Chief Whip is the prim ary
two-way communicator between MPL’s and the Executive, it is the Whip who
conveys the MPL’s views to the Chief Whip. Whip is a political manager and he
or s he plays a crucial role in the Legislature and party sys tem.
Role of the Whip
•
Ass is ts Chief Whip in performance of his /her duties .
•
Manages Caucus inputs and debates.
•
Manages and coordinate s tudy tours
•
Liaises and m onitors performance of Chair of Chairs
•
Coordinates and receives reports from all committees regarding their
particular areas of deployment
•
Monitors and report on performance of departm ental Legislature
liaison officers within their legislature roles and respons ibilities .
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5. Whip Committees
Within the Whippery, there are currently five s ub-committees which work on
behalf of Caucus in all areas of the ANC’s operations in the Legislature. Thes e
committees are as follows :•
•
•
•
•
ANC Caucus
Caucus Parliamentary Management Comm ittee
Strategy Meeting
Study Groups
Working Committee
5.1 ANC Caucus
In terms of Rule 5 of the ANC Cons titution, it is the duty f ANC members who
hold elective office in any sphere of government to be of the appropriate caucus ,
to function within its rules and to abide by its decis ions under the general
provis ion of the Constitution and the constitutional s tructures of the ANC.
The Mem bers of the ANC Caucus at all levels of their deployment, derive their
broad mandates from Caucus . At all m aterial such mandates will be consis tent
with res olutions of the ANC cons titutional structures . The Caucus is very
important s tructure and its attendance is compulsory to all ANC public
repres entatives .
Caucus als o s erves as the point of contact between the MPL’s and the
leadership of the organization. The chairs of the Study Groups m us t report to the
Caucus through the Chief Whip.
The Caucus plays an im portant role in coordinating legis lative approaches to
ANC policy, and the overs ight and monitoring of policy im plementation.
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•
Caucus m eans the closed- door s trategy or decision – m aking m eetin g by
party members , headed by the m ajority leader.
•
ANC use caucus to gather fellow lawm akers from legislature to devise
agenda for legis lation and realize comm on goals.
•
Caucus is important for our course in the legis lature without it the
legislative process would be a political bedlam .
•
The primary goal of leadership is to maintain s oli darity and obtain the
minim um of votes necess ary to pass legislation.
•
Chief Whip is the Chair of the caucus as he informs the m embers of
important iss ues and is responsible for delivery vote to m aintain the party
pos ition agreed upon.
•
Strengthen links between government and m ovem ent across all sectors .
•
It further builds members through their debates and discuss ions so that
they could carry out their political work.
5.2 Political Management Committee
This comm ittee is chaired by the official who is als o a public representative- this
makes a nexus (link) between the elected leaders hip organs of the m ovem ent
and caucus .
•
It develops a greater coordination between work of the ANC s tructures
and governance work.
•
Gives strategic leaders hip to Members of ANC deployed in Governm ent
and in Parliament and Legislature.
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•
It has capacity to hold ANC m embers deployed in governm ent
accountable.
•
The m anagement of this comm ittee is led by the Chief Whip.
•
Com position of the comm ittee is as follows :o
o
o
o
•
Chief Whip
Provincial Secretary
Chair of Chair (of Legis lature)
Leader of Governm ent Bus in ess
It als o table its report to the ANC Caucus es
5.3 Strategy Meeting
Operational Guidelines for Strategy Meeting
The office of the Chief Whip is res pons ible for ens uring that the s trategic
fram ework contained in the principles , policies and directives of the organization
finds expression in the day work of the ANC Caucus in parliament.
In dis charging this res pons ibility the OCW has es tablished and will directly
convene a Strategy Team to ens ure that the ANC Caucus m akes interventions in
debates, s tatem ents, questions and m otions . That is accurate, well prepared,
coordinated and delivered with m axim um political effect.
The Strategy Meeting is prim ary a coordinating and facilitating mechanism to
ens ure that the necess ary preparatory work is done at the level of Legislature,
Caucus and study groups .
5.3.1The Strategy Meeting is responsible for the following tasks:
•
To lead Clus ters of s tudy groups in dis cuss ions on m atters of s trategy. The
aim being to ens ure that the clus ter m eets on quarterly bas is and develops
abroad fram ework to guide its work in relation to the key ANC mess ages all
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committees would be s ending out in their work, approach to debates ,
ques tions, m otions and s tatements .
•
To ens ure that the Legis lature Caucus Study Groups discuss and formulate
ques tions, s tatem ents and iss ues for dis cuss ions at their weekly m eetings
and that thes e are fed into the work of the strategy Team.
•
To facilitate preparations of Legislature, Caucus and s tudy groups for
debates by meeting with the relevant departm ents and/ or speakers and
discuss ing their approach to debates.
•
It sits every tim e before the s itting of the Legis lature
It will be the Chairpers on of the Study Group and the MEC of the concern
Department who will report to the Strategy Meeting on the s tate of preparedness
of the Department in delivering the ANC Manifes to, policies and programm es .
Unless otherwis e s tated individual speakers would not be required to attend and
report to the strategy m eeting but would like to interact with the s trategy m eeting.
5.3.2 Composition of Strategy Meeting
Management team:
Chief Whip
Deputy Chief Whip
Chairpers on of the Portfolio Committee
Head of res earch Unit
Political Adm inis trator and
An y Government departm ents called for presentation
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5.4 Study Group
• Eradicate any grey areas regarding policy or im plementation that m ay
s eem to occur between the Executive and the Legislature
• Provide an opportunity for s trategizing on m atters of committees ,
departm ents , in order to ens ure that always project the position of the
organization
• The Study Group guides the approach of ANC m embers to deal with
debates in the legis lature such as in the form of Ques tions and
Interpellations , Motions , Statements and Budgets Votes
• Ensures that iss ues are processed properly and there is s ufficient
coherence and conceptions before s uch m atters are dealt with at
Portfolio Committee level
• The m ain function of the s tudy group is to advance the ANC policies
and principles in Portfolio Committees, or in Standing Committees of
the Legislature
5.4.1 Guidelines on the role of the Study Group
An ANC Legislature Study group can be defined as platform available for
members to ensure that ANC policy finds expression in all -round work of the
legislature. Study Groups are a res ource center of political ideas , policy
implementation and ass essment. It encourages the members to participate on
every subject m atter of their committee work, and to work as a collective on
policy matters. Develops cadres who can s pecialize in various fields , this be in
both private and public policy particularly in relation to their Portfolio Committees .
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5.4.2. Key objective of the Study Group
•
To develop in depth unders tanding and party position with regard to the
policy, principles and s pecific legis lation that needs to s erve before the
Portfolio Committee.
•
Serves as platform to ens ure that Mem bers develop the necess ary
cohes ion regarding matters that need process ing by Caucus , Portfolio
Comm ittee and the Legis lature.
5.4.3. Functions of the Study Group
•
The m ain function of the s tudy group is to advance the ANC policies and
principles in the Portfolio Committees and s tanding committees of the
Provincial Legis lature.
•
It m us t ensure that iss ues are processed properly and there is sufficient
coherence and conceptions before s uch m atters are dealt with at Portfolio
Comm ittee or Departm ent level.
•
Eradicate of any grey areas regarding policy or im plem entation that m ay
seem to occur between the Executive and the Legis lature.
•
Provide an opportunity for s trategizing on matter of the committees ,
departments , in order to ensure that they always project the pos ition of the
organization.
•
The s tudy group guides the approach of ANC members to deal with
debates in the legislature such as in the form of ques tions to Members of
the Executive Council, Statem ents, Budget Votes , Interpellations , Notices
of Motions and other Debates .
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5.4.4. Composition of the Study Group
The s tudy groups s hould cons is t of the following:
1. Chairpers on
2. MPL’s
3. Governm ent Departments makes presentations on iss ues reques ted by
S tudy Group
4. ANC Res earcher who does research for the study group
5. Political Adminis trator as the s ecretary
5.4.5 Role of the Chairperson
•
The Chairperson shall determ ine the agenda of each meeting of
a Study Group in consultation with s tudy group mem bers .
•
Ensure that the agenda covers all pertinent iss ues in order to prepare
com rades adequately for Portfolio Committee and s itting;
•
Presides over all meetings of the Study Group and should work closely
with the adm inis tration in order to prepare for m eetings.
•
In the absence of the Chairperson one mem ber of the s tudy group will act
as chairpers on,
•
To ensure that there is s ufficient research material for m embers to
execute their duties ;
•
To ensure that on all m atters of policy com rades attempted to speak on
one voice;
•
To take res pons ibility in ensuring that the s tudy groups prepares , motions
and ques tions for legis lature Sitting;
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•
To report developments from the s tudy groups , track legis lations and
subm it proposed s peaker’s lis t to the Chief Whip or Whip in abs ence of
the Chief Whip;
•
Ensure that order and poli tical dis cipline is kept and maintained in the
study groups ; and
•
Mus t ens ure that there are clear linkages between the s tudy group work
and the ANC PEC s ub-comm ittee.
5.4.6 Role of the Researchers
•
Report on findings of research commiss ioned;
•
Identify is sues within the s tudy groups and develop discuss ion documents ;
•
Summarize Bills and advise m embers accordingly and also check policy
implications for s uch Bills ;
•
Scrutinize Departm ental reports (both annual and quarterly) and is olate
issues for dis cussions ;
•
Work clos ely with the Portfolio Comm ittee Chairpers on and report to the
chairpers on.
5.4.7 Role of Political Administrators
•
Make logis tical arrangem ents for all the study group m eetings;
•
Make production of all necessary documents for all s tudy group meeting.
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•
Keep apologies for all meetings and subm it them to the Chairperson
before each meeting;
•
Fax all communication to members on behalf of the Chairperson and keep
all correspondences ;
•
Keep all records of all meetings , including draft m inutes for adoption at
each meeting;
•
After each meeting, m atters aris ing and decis ions of the s tudy group the
Adm inistrator will process the minutes with the Chairpers on for the next
meeting of the s tudy group;
•
Prepare draft reports for s ubmission and finalization of such reports and
send to the Chairperson for finalization of the report; and
•
Work clos ely with the res earcher to prepare a comprehensive report for
the s tudy group
5.5 Working Committee
The Chief Whip s hall be the Chairperson of the Working Comm ittee and where the
Chief Whip is not available, the m embers of the Committee s hall elect one of the
Mem ber’s as the chairpers on of a sitting of the comm ittee (Rule 51 (2)).
Take decis ions and iss ue directives and guidelines to prioritize or pos tpone any
bus iness of the Legislature, but whenever the Committee prioritizes or postpones
any Governm ent business in the Legis lature it shall do s o with the concurrence of
the Leader of Governm ent Bus iness . (Rule 51(d).
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5.5.1 Powers and Functions of the Working Committee
Rule 51(2) s tates that the Chief Whip shall be the chairpers on of the Working
Comm ittee and where he or s he is not available the Mem bers of the Committee
shall elect the one of the Mem bers as the Chairpers on of that Sitting of the
Comm ittee
•
Be responsible for the Programm e of the Legis lature(Rule 51(a))
•
Monitor and oversee the im plem entation of the Legislature’s annual
programming, including the legislative programming (Rule 51(b))
•
Im plement the Rules regarding the s cheduling or programm ing of the
bus iness of the Legislature, and the functioning of its Committee and Subcommittees (Rule 51(c)).
•
Take decis ion and issue directives and guidelines to prioritize or pos tpone
any business of the Legis lature.
5.6 Portfolio Committees
Rule 46A provides that there s hall be Comm ittees in the Legis lature appointed by
the Resolution of the House. Each Committee shall be known by name determined
by the Speaker. Thes e Comm ittees will be able to deal with the Bills or other
matters which are referred to it by the Speaker or by Resolutio n of the Legis lature.
The Comm ittees does not exclude the Standing Committees nam ely:-
a) Quality of Life and Status of Wom en Committee- was amended to be
known as the Quality of Life Status of Women Youth, Children People with
Dis ability
b) Public Accounts Comm ittee known as the SCOPA
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The Standing Rules of the Legislature provides that there m us t be comm ittees and
the number of its Mem bers . Duration of its exis tence is determ ined by the
Legislature, unless the Speaker rules otherwis e (Rule 64).
5.5.1 Committees and Public Participation
Rule 118 does provide for Public Participation. There is a need for Legis lature to
access people who have som ething to say.
It has been noted that comm ittees in the legislatures offer the mos t important
platform for public participation. Public hearings s eek to obtain the views of civil
society on draft legislation and policy. Mem bers of the public m ay also be invited
to m ake written or oral s ubmiss ions to a comm ittee.
5.7 Role of Oversight by Committees
At present, the concept of ‘oversight’ is generally conceived in terms of the
implicitly proactive ‘watch-dog’ role to be played by an elected legis lative
assem bly(
Portfolio
Committees )and
functions
of
the
executive
and
adm inistrative arms of government. A s eries of dedicated prescriptions for
overs ight are als o found in South Africa’s cons titutional provisions .
The Cons titution demands as follows :
"A provincial legislature must provide mechanisms(b ) to maintain oversight of -
(i) the exercise of provincial executive authority in the province, including the
implementation of legislation; and
(ii) any provincial organ of state."
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The ‘exercise of provincial executive authority’ over which a legislature is to
maintain oversight is determined by Section 125 of the Cons titution:
A working definition of oversight emerges out of the above:
Overs ight in the South African provincial context is the proactive interaction
initiated by a legis lature with the executive and adm inistrative organs of a
province that encourages compliance with the cons titutional obligation on the
executive and adminis tration to account to the public’s elected representatives ,
and which advances the ideals of good government, development and cooperative governance.
Overs ight is exercised through the various committees in the legis latures and is
essential to the fulfillment of the values of accountability, res pons iveness and
openness enshrined in the Cons titution.
The Cons titution and the Rules of the Legis lature grants certain powers to
summon people to give evidence or produce documents ; require any ins titution or
pers on to report to it, and receive petitions repres entations or subm issions
Comm ittees are likely to be ass is ted in their overs ight role by the Public Finance
Managem ent Act, which requires that government departm ents s et performance
targets for delivery and for individual managers . By pro viding a framework for
assessment, comm ittees wil l find it easier to exercise their oversight function.
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6. 52
ND
ANC Conference Resolutions (Polokwane 2007)
6.1 Relations between Caucuses and Constitutional Structures
The recent ANC Conference has placed more res ponsibilities to the Chief Whip
that he or s he has to s trengthen the Caucus and us e it as an ins trument for the
following:•
•
•
•
For robus t overs ight
Mutual accountability
Collective leadership and
Dis cipline
These res pons ibilities
apply to all com rades deployed to Governm ent,
Parliament, Legis latures and Municipalities . The Chief Whip s hould give
directives on how the ANC s tructures should interface with the Caucus es and
Executives .
Whiles we are awaiting the NEC’s guidelines on how ANC
structures s hould interface with Caucuses and Executives following will be
included:• Clarifying the role of Caucus as the s tructures responsible for maintaining
party dis cipline, unity and cohes ion am ong ANC public representatives
• That there mus t be regular, m andatory meetings and comm unication
between the Secretaries and the Chief Whip
• Reports of caucus should be m ade to the organization through the Office
of the Provincial Secretary
• Their role in overseeing the implem entation of the Manifes to in a
particular sphere of government
• Kind of iss ues to be referred to the organization before final decis ions are
m ade.
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7. Conclusion
In all things we have done in s hort period of time s ince we were all deployed in
the Legis lature I am confident that we all can see the light through the dark
tunnel. We m us t continue to s eek m ore ways of im proving our effectiveness and
coordination of our programmes , we reassert out pos ition that the Whippery has
an ins trum ental role to play in the functioning of the Legislature.
The Chief Whip Office is an im portant structure that facilitates our effective and
links us with the ANC and the Government. This hand book is produced with aim
of m aking people unders tand the roles , function and responsibilities of the
Whippery. This office is very instrumental in organizing official parliamentary
bus iness and fos tering co-operation between Members of Legis lature from
different parties .
We are pleas ed that all our committees in the Legis lature continue to s eek ways
to im prove their effectiveness in ens uring that our office dis charges its m andate
in an effective and coordinated manner. We hope that this handbook serves as
an im portant tool and a key foundation, as we continue to improve our collective
responsibility to discharge the Cons titutional m andate given to us by our
communities .
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The Freedom Charter Adopted at the Congress of the
People, Kliptown, on 26 June 1955
We, the People of South Africa, declare for all our country and the world to know:
That South Africa belongs to all who live in it, black and white, and that no government
can justly claim authority unless it is based on the will of all the people;
That our people have been robbed of their birthright to land, liberty and peace by a form
of government founded on injustice and inequality;
that our country will never be prosperous or free until all our people live in brotherhood,
enjoying equal rights and opportunities;
That only a democratic state, based on the will of all the people, can secure to all their
birthright without distinction of colour, race, sex or belief;
And therefore, we, the people of South Africa, black and white together equals,
countrymen and brothers adopt this Freedom Charter;
And we pledge ourselves to strive together, sparing neither strength nor courage, until
the democratic changes here set out have been won.
The People Shall Govern!
Every man and woman shall have the right to vote for and to stand as a candidate for all
bodies which make laws;
All people shall be entitled to take part in the administration of the country;
The rights of the people shall be the same, regardless of race, colour or sex;
All bodies of minority rule, advisory boards, councils and authorities shall be replaced by
democratic organs of self-government.
All National Groups Shall have Equal Rights!
There shall be equal status in the bodies of state, in the courts and in the schools for all
national groups and races;
All people shall have equal right to use their own languages, and to develop their own
folk culture and customs;
All national groups shall be protected by law against insults to their race and national
pride;
The preaching and practice of national, race or colour discrimination and contempt shall
be a punishable crime; all apartheid laws and practices shall be set aside.
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The People Shall Share in the Country's Wealth!
The national wealth of our country, the heritage of South Africans, shall be restored to the
people;
The mineral wealth beneath the soil, the Banks and monopoly industry shall be
transferred to the ownership of the people as a whole;
All other industry and trade shall be controlled to assi st the wellbeing of the people;
All people shall have equal rights to trade where they choose, to manufacture and to
enter all trades, crafts and professions.
The Land Shall be Shared Among Those Who Work It!
Restrictions of land ownership on a racial basis shall be ended, and all the land redivided amongst those who work it to banish famine and land hunger;
The state shall help the peasants with implements, seed, tractors and dams to save the
soil and assist the tillers;
Freedom of movement shall be guaranteed to all who work on the land;
All shall have the right to occupy land wherever they choose;
People shall not be robbed of their cattle, and forced labour and farm prisons shall be
abolished.
All Shall be Equal Before the Law!
No-one shall be imprisoned, deported or restricted without a fair trial; No-one shall be
condemned by the order of any Government official;
The courts shall be representative of all the people;
Imprisonment shall be only for serious crimes against the people, and shall aim at reeducation, not vengeance;
The police force and army shall be open to all on an equal basis and shall be the helpers
and protectors of the people;
All laws which discriminate on grounds of race, colour or belief shall be repealed.
All Shall Enjoy Equal Human Rights!
The law shall guarantee to all their right to speak, to organize, to meet together, to
publish, to preach, to worship and to educate their children;
The privacy of the house from police raids shall be protected by law;
All shall be free to travel without restriction from countryside to town, from province to
province, and from South Africa abroad;
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Pass Laws, permits and all other laws restricting these freedoms shall be abolished.
There Shall be Work and Security!
All who work shall be free to form trade unions, to elect their officers and to make wage
agreements with their employers;
The state shall recognize the right and duty of all to work, and to draw full unemployment
benefits;
Men and women of all races shall receive equal pay for equal work;
There shall be a forty-hour working week, a national minimum wage, paid annual leave,
and sick leave for all workers and maternity leave on full pay for all working mothers;
Miners, domestic workers, farm workers and civil servants shall have the same rights as
all others who work;
Child labour, compound labour, the tot system and contract labour shall be abolished.
The Doors of Learning and Culture Shall be Opened!
The government shall discover, develop and encourage national talent for the
enhancement of our cultural life;
All the cultural treasures of mankind shall be open to all, by free exchange of books,
ideas and contact with other lands;
The aim of education shall be to teach the youth to love their people and their culture, to
honour human brotherhood, liberty and peace;
Education shall be free, compulsory, universal and equal for all children; Higher
education and technical training shall be opened to all by means of state allowances and
scholarships awarded on the basis of merit;
Adult illiteracy shall be ended by a mass state education plan;
Teachers shall have all the rights of other citizens;
The colour bar in cultural life, in sport and in education shall be abolished.
There Shall be Houses, Security and Comfort!
All people shall have the right to live where they choose, be decently housed, and to
bring up their families in comfort and security;
Unused housing space to be made available to the people;
Rent and prices shall be lowered; food plentiful and no-one shall go hungry;
A preventive health scheme shall be run by the state;
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Free medical care and hospitalization shall be provided for all, with special care for
mothers and young children;
Slums shall be demolished, and new suburbs built where all have transport, roads,
lighting, playing fields, crèches and social centre’s;
The aged, the orphans, the disabled and the sick shall be cared for by the state;
Rest, leisure and recreation shall be the right of all:
Fenced locations and ghettoes shall be abolished, and laws which break up families shall
be repealed.
There Shall be Peace and Friendship!
South Africa shall be a fully independent state which respects the rights and sovereignty
of all nations;
South Africa shall strive to maintain world peace and the settlement of all international
disputes by negotiation - not war;
Peace and friendship amongst all our people shall be secured by upholding the equal
rights, opportunities and status of all;
The people of the protectorates Basutoland, Bechuanaland and Swaziland shall be free
to decide for themselves their own future;
The right of all peoples of Africa to independence and self-government shall be
recognized, and shall be the basis of close co-operation.
Let all people who love their people and their country now say, as we say here:
THESE FREEDOMS WE WILL FIGHT FOR, SIDE BY SIDE, THROUGHOUT OUR LIVES,
UN TIL WE HAVE WON OUR LIBERTY
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