ECONOMIC FREEDOM FIGHTERS is a radical and militant Economic Emancipation Movement which brings together revolutionary, fearless, radical, and militant Activists, workers’ movements, Non-governmental organisations, community based organisations, lobby-groups under the need to pursue the struggle for economic emancipation.
EFF is a radical, Left, anti-capitalist and anti-imperialist Movement with an internationalist outlook anchored by popular grassroots formations and struggles. EFF will be the vanguard of community and workers’ struggles and will always be on the side of the people. EFF will, with determination and consistency, associate with the protest movement in South Africa, and will also join in struggles that defy unjust laws.
The EFF takes lesson from the notation that “political power, without economic emancipation is meaningless”. The Movement is inspired by ideals that promote and practice organic forms of political leadership, which appreciate that political leadership at whatever level is service, not an opportunity for self-enrichment and self-gratification.
The EFF draws inspiration from Marxist-Leninist and Fanonian schools of thought on its analysis of the State, imperialism and class contradictions in every society. Through organic engagement and constant relationship with the masses, Economic Freedom Fighters provide clear and cogent alternatives to the post-colonial economic systems, which in many countries kept the oppressed people under colonial domination and suppression
Logo and Colours
The Logo of the EFF shall be the map of the Continent of Africa representing a commitment to its people, resources and humanity; The Continent will be coloured in green to signify the Land that must be restored to its people; from within the Southern tip of the Continent will be a black clinched fist signifying the unity in strength of the oppressed of the continent; The fist will carry a red spear signifying the defence of the African Revolution mired by the blood of the fallen heroes and heroines of our the liberation struggle; At the bottom of the fist, shall be a shaft, representing the minerals of the earth, which shall be used for the benefit of all; Finally, at the northern tip of the continent shall be a gold star, representing the progressive internationalist character of our African Revolution, international solidarity and the pursuit of total emancipation of the oppressed peoples of the world
What is EFF?
1. ECONOMIC FREEDOM FIGHTERS (EFF) is a Political organization styled as a Political Party which seeks to act in the interests of all South Africans striving for ECONOMIC EMANCIPATION IN OUR LIFE TIME.
2. The EFF is anti-capitalist, anti-racist, anti-sexist and anti-imperialist in its world outlook and is driven by sound democratic socialist values where the leadership is accountable to the membership which elected it.
3. The basic programme of the EFF is the complete overthrow of the neo liberal anti-black state as well as the bourgeoisie and all other exploiting classes; the establishment of the dictatorship of the people in place of the dictatorship of the bourgeoisie and the triumph of socialism over capitalism. The ultimate aim of the EFF is the realization of socialism through people’s power and the establishment of a state that responds to the needs of its people.
4. The EFF is a vigorous vanguard organization leading the revolutionary masses in the fight against the class enemy.
5. The EFF takes socialism as the theoretical basis guiding its thinking and development of its political line and in this respect identifies itself as a MARXIST, LENINIST, and FANONIAN organisation.
6. Members of EFF, who dedicate their lives to the struggle for socialism must be resolute, fearless and surmount every difficulty to win victory!
Aims and Objectives
1. To establish and sustain a society that cherishes revolutionary cultural values and to create conditions for total political and economic emancipation, prosperity and equitable distribution of wealth of the nation.
2. To attain and defend the National Integrity and Liberation of the oppressed black majority of South Africa.
3. To participate in the worldwide struggle for the complete eradication of imperialism, colonialism, racism and all other forms of discrimination.
4. To participate in, support and promote all struggles for the attainment of the complete independence and unity of African states and by extension, the African continent.
5. To oppose resolutely, tribalism, regionalism, religious and cultural intolerance.
6. To oppose oppression of women and the oppression of all other gendered persons.
7. To oppose patriarchy, sexism, and homophobia and any cultural or religious practices that promotes the oppression of anyone, women in particular.
Basic Foundational Principles
1. Expropriation of South Africa’s land without compensation for equal redistribution.
2. Nationalisation of Mines, banks, and other strategic sectors of the economy.
3. Building State and government capacity, which will lead to abolishment of Tenders.
4. Free quality education, healthcare, houses, and sanitation.
5. Massive protected industrial development to create millions of sustainable jobs.
6. Massive development of the African economy and advocating for a move from reconciliation to justice.
7. Open, accountable government and society without fear of victimisation by the State Defence, Police and other Agencies.
Membership of EFF
1. Any South African citizen or resident not limited to any worker, peasant, revolutionary element, unemployed person who has reached the age of eighteen and who accepts the Constitution of the EFF, joins a branch of the organization and works actively in it, carries out the organization’s decisions, observes it’s discipline and pays membership dues may become a member of the EFF.
2. Applicants for EFF membership must go through the procedure for admission individually. An applicant must be recommended by two EFF members, fill out an application form for EFF membership and be examined by an EFF branch, which must seek the opinions of the broad masses inside and outside the organization. Application is subject to acceptance by the general membership meeting of the EFF branch and approval by the next higher level in the organizational structure.
3. All members shall comply with the provisions of this Constitution as well as with the Aims, Objectives, Principles and Policies of the EFF.
4. Any organization, association or society whose aims and objectives are not inconsistent with those of EFF may join the EFF.
5. On acceptance, a member shall pay the joining fee determined by the National Central Command Team.
Rights of Members
Every member of the EFF shall have the right:
1. To vote in any EFF elections in accordance with such rules and regulations.
2. To vote in any elections held by EFF in accordance with its rules and regulations.
3. To be elected to any office in EFF.
4. To participate in meetings and other activities organized by EFF.
Duties of the Member
Every member of the EFF shall have the duty:
1. To be loyal to the EFF.
2. To observe and resort to the Policies, Resolutions, Decisions of the Central Command Team and the Rules and Regulations of the EFF.
3. To constantly and continuously strive to raise the level of her/his own political consciousness and understanding of EFF Policies, Resolutions, Rules and Regulations.
4. To strengthen, promote and defend the EFF and to popularize its politics, policies and programs.
5. To conduct herself / himself honestly and honourably in dealing with the EFF and the broader public and not to bring the EFF into disrepute or ridicule.
All Members of the EFF must take instructive note of and internalize the following:
1. The political line of the EFF is the fundamental and crucial factor in the interaction between EFF and the larger material world. It is the lifeblood of the organization and should be at the heart of every member’s activity and duties. The life of EFF and hence that of the revolution compels a very high level of commitment from each member which in turn shall be guided by the struggle to develop, grasp and apply our political line and through that process sharpen it.
2. In refining and carrying out the political line, EFF acts as a collective. Every member’s actions in any given situation can make a huge difference—positive or negative. At the same time, the organisation is expected to enable its members to pull together so as to understand why it is necessary to struggle for and achieve our strategic goal of ECONOMIC FREEDOM IN OUR LIFETIME. Members are expected to channel their insights and initiative into a collective process and this in turn enables a more comprehensive analysis of reality, and a much more meaningful mobilization of the people to transform that reality. This is way beyond what any single individual acting alone, or even a loose affiliation of individuals could ever achieve.
3. Inside the EFF, members are expected to thrash out their differences, be faithful to the revolutionary ideas of the organisation through good and bad times and through this whole process look out for each other. In this way we express our revolutionary outlook and collectivity while at the same time boosting the morale of membership.
4. Also inside the EFF there should always be much collective discussion and struggle over ideas of what is to be done, over right and wrong ideas in the development of the revolutionary line and practice to which all members are expected to contribute; this is the life blood of the organisation. But against the ideological enemies of ECONOMIC FREEDOM IN OUR LIFETIME we close our ranks as a collective forming an iron wall of unity and allegiance to the revolution and hence making it impossible for them to break our ranks
5. Learning or education is an active process that requires members to self-develop and seek clarity where they don’t understand or feel confused. Finally, the political development of each member is a revolutionary responsibility of all engaged in struggle.
Members of the EFF are accordingly expected to:
1. Study and apply the theoretical line of the organisation being Marxist, Leninist and Fanonian philosophical thought and tools of analysis in a living way.
2. Work for the interests of the vast majority of people of South Africa, Africa and the oppressed of the world.
3. Be willing and able to unite with the vast majority, including those who have been wrong in opposing them but are sincerely correcting their mistakes and hence showing remorse for their previous mistakes. However, members must vigilantly guard against elements of unrepentant opportunism, reaction and revisionism so as to prevent such bad elements from infiltrating the leadership of the organisation. This is a necessary prerequisite to ensure and guarantee that the leadership of the EFF remains always in the hands of revolutionaries.
4. Consult with the masses and investigate the necessary conditions when matters arise.
5. Be bold in making criticism and self-criticism.
The EFF shall consist of the following organs:
1. National People’s Assembly which elects the Central Command Team (CCT).
2. Provincial Assembly which elects the Provincial Command Team (PCT).
3. A Regional Assembly which elects the Regional Command Team (RCT).
4. Branch General Assembly which elects the Branch Command Team (BCT).
5. Every member of the EFF shall belong to a branch, which is the basic unit of activity for members. A normal meeting of the branch shall be called a Branch Assembly which is to be open to all community members
6. Each branch shall be structured by the respective Branch Command Team into a number of cells dispersed throughout the whole branch. Each cell shall consist of at least 4 members. The cell is the leading unit of the EFF at the level of the village, district and community, workplace and school/collage. It represents the interests and aspirations of the organization and mobilizes membership to work collectively towards achieving the strategic objective of the EFF. Members of a cell will elect / appoint a leader annually who will in turn hold office for a period of one year.
7. Each Branch shall be registered with the CCT and shall consist of no fewer than 100 members, provided that the CCT may under exceptional circumstances allow a branch to be constituted of fewer than 100 members but not less than 40 members.
8. Branches covering a wide area of responsibility or in respect of which some extra-ordinary circumstance exists may be permitted to divide itself into smaller units provided that such units shall only serve as a co-coordinating and administrative mechanism of the branch and shall be devoid of any decision-making powers. Provided also that such units shall operate on the basis of acceptable, democratic principles and practices of the EFF.
9. A BCT is elected every two years by a Branch Command Assembly. The BCT shall comprise of the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary, Treasurer and not more than 10 (ten) members who will hold office for two years.
10.The site of the National Headquarters of the EFF shall be determined by the CCT.
The Regional Assembly
11. Each Region shall hold a Regional Assembly once every 3 (three) years.
12. The Regional Assembly shall elect the Regional Command Team comprising of a Chairperson, Deputy Chairperson, Secretary who shall deputies the chairperson, Commissar Responsible for Finance and 20 (twenty) additional members who shall hold office for three years. In addition the Chair and Secretary of the EFF Women’s Command and the EFF Youth Command in that Region shall be ex-officio members of the Regional Command Team.
13. For purposes of EFF structures, the country shall be divided into the following provinces:
Western Cape, Northern Cape, Eastern Cape, KwaZulu Natal, Free State, Gauteng, Limpopo, Mpumalanga, North West
14. The provincial headquarters will be determined by the Provincial Command Team of each respective province.
15. The CCT may from time to time alter the number, the boundaries or the names of the Provinces
16. A province shall consist of as many branches as there are in a Province.
The Provincial Assembly
17. Members of the PCT are elected at the Provincial Assembly by the delegates representing each branch in the province. The provincial elections are held once every four years by at least one third of all branches in the province.
18. The PCT shall comprise of the Chairperson, Secretary who shall be deputies the chairperson, Commissar responsible for Finance and not more than 20 (twenty) members who will hold office for four years.
The National People’s Assembly
19. The National People’s Assembly (NPA) shall be the supreme ruling and controlling body of the EFF. It shall be constituted of:
20. All of the voting delegates at the National People’s Assembly shall be from branches which shall be represented by elected delegates. The number of delegates shall be in proportion to the paid up membership of each branch.
21. Members of the CCT shall attend ex-officio as full participants in the National People’s Assembly.
22. All delegates to be appointed to / elected by the CCT shall be appointed / elected directly by the National People’s Assembly by the delegates with capacity to appoint / vote.
23. The number of delegates per Province who would qualify for capacity to vote shall be fixed by the CCT in proportion to the paid up membership of each province.
24. The CCT may invite individuals, who have made a special contribution to the struggle or who have special skills or experience, to attend the National People’s Assembly. Moreover, the CCT shall allow representation as non-voting delegates with observer status to structures which have not complied with the minimum requirement to form a branch.
Duties and Powers of the National People’s Assembly
25. The National People’s Assembly is the Supreme Organ and accordingly the highest decision making body of the EFF. It sets the organisation’s basic orientation and objectives, especially at crucial junctures of the struggle.
26. It is composed of members of the Central Command Team; The Central Command Team of the Women’s Command; The Central Command Team of the Youth Command; and delegates from branches of the EFF who shall be determined through a proportionally representative system.
27. The CCT shall appoint an Assembly Organising Team which will circulate the National Assembly’s information in advance, determine the precise procedure for selection of delegates and indicate how the membership can then ensure their concerns are on the agenda.
28. The National People’s Assembly shall determine its own procedures in accordance with democratic principles.
29. Voting on key questions shall generally be open and may be by secret ballot if at least one third of the delegates at National People’s Assembly demand it.
30. The National People’s Assembly shall receive and discuss the reports of the CCT
31. It shall have the right and power to review, ratify, amend or over turn any decision taken by any of the constituent bodies of the EFF.
32. The National People’s Assembly elects the CCT which develops the political line and policy to meet the challenges of leading the revolutionary struggle.
33. The CCT shall comprise of 14 members who are directly appointed by the National People’s Assembly as well as 20 other members which in turn includes the chairperson and secretary of each province, one member from the Women’s Command and one member from the Youth Command.
34. As the Supreme Policy making organ of the EFF, it formulates, pronounces and declares all Policies of the EFF and has the power and authority to effect amendment(s) to the Constitution.
35. The National People’s Assembly shall convene once every five years, and it is the Supreme Authority for the adoption, implementation and supervision of the Policies, Directives, Rules and Regulation of the EFF.
CENTRAL COMMAND TEAM
36.The CCT is the highest organ of the EFF between National Assemblies and shall have the authority to lead the organisation, subject to the provisions of the National Peoples’ Assembly resolutions and decisions.
37. In periods between the National Peoples’ Assemblies, the CCT shall periodically report to the EFF membership.
38. The CCT shall set up a number of necessary bodies and Standing Sub – teams on different levels in order to guide the overall work of the EFF.
39. The CCT shall implement the policies, resolutions, directives, decisions, and programs enunciated by the National People’s Assembly.
40. The CCT shall meet at least once in three months. The CCT is the principal organ of the National Assembly and shall consist of the following:
a. The President and Commander in Chief of the Economic Freedom Fighters, who shall:
i. Be the political head and commander in chief of EFF and the leader of the house at National People’s Assembly meetings.
ii. Make pronouncements for and on behalf of the EFF outlining and explaining the policy or attitude of the EFF on any question.
iii. Present to the National People’s Assembly a comprehensive statement of the state of the country, continent and the political situation internationally.
iv. Under the overall supervision of the CCT, orient and direct the activities of the EFF
b. The General Secretory who is the deputy President and the chief administrative officer of the EFF shall:
i. Communicate the decisions of all national structures of the EFF on behalf of the EFF.
ii. Keep the minutes of the National People’s Assembly, the Special National People’s Assembly, the CCT, as well as other records of the EFF.
iii. Administer the correspondence of the CCT and the Provincial Command Teams, and send out notices of all Assemblies and meetings at the national level;
iv. Convey the decisions and instructions of the National People’s Assembly as well as that of the Special National People’s Assembly and see to it that all units / organs of the EFF carry out their revolutionary duties efficiently.
v. Prepare annual reports on the work of the EFF and the CCT and such other documents which may, from time to time, be required by the CCT and the National People’s Assembly.
vi. Present to the National People’s Assembly and the Central Command Team a comprehensive statement of the state of the organisation and the administrative situation of the EFF.
c. Commissar Responsible for Finance who shall:
i. Be the chief custodian of the funds and property of the EFF.
ii. Receive and bank all monies on behalf of the EFF and shall, together with the General Secretary and the Commander in Chief, open and operate a banking account.
iii. Keep such books of account as may be necessary to record accurately the financial position of the EFF.
iv. Submit to the National People’s Assembly a report showing the Income and Expenditure Account and Balance Sheet of the EFF for the period since the previous National People’s Assembly, and shall submit periodic reports to the CCT.
v. Be responsible for working out and executing plans for fund raising.
vi.Present to the National People’s Assembly a comprehensive statement of the state of the finances of the EFF.
d. Commissar Responsible for Political Education, Policy and Research who shall:
i. Organize and oversee the political university of EFF.
ii. Develop policy on strategic fields as per the ideology and principles of the EFF.
e. Commissar Responsible for Media and Communications who shall:
I. Be the national spokesperson of the EFF.
ii.Oversee and implement the media and communications strategy of the EFF.
f. Commissar Responsible for Campaigns, Mobilisation and Special Projects who shall:
i. Oversee the mobilisation of EFF and the broader society through campaigns and special projects.
g. Commissar Responsible for Gender and Sexuality who shall:
I. Oversee the policy and implementation of the gender and sexuality struggle in the EFF and broader society.
h. Commissar Responsible for the International Relations and Solidarity who shall:
I. Be responsible for the internationalist work of the EFF.
ii. Ensure the building of international profile and relations with progressive movements on the international front.
i. Commissar Responsible for Economic Development who shall:
i. Be responsible for the strategic promotion of EFF’s economic policy perspective in all of industry, commerce and the state.
j. Commissar Responsible for Energy and the Environment, who shall:
i. Develop and oversee the EFF perspectives on sustainable and safer sources of energy and broader sustenance of the environment.
k. Commissar Responsible for Heritage, Arts and Culture who shall:
i. Be responsible for the promotion of heritage, arts and culture, within the broader principles of the EFF.
l. Commissar Responsible for Education, Science and Technology who shall:
i. Be responsible for the transformation of education, research and the development and promotion of science and technology of the people.
m. Commissar Responsible for Social Development who shall:
i. Promote community and social developments in matters of social cohesion and anti-criminality, ii. Promote inclusive community life in all aspects relating to the challenges encountered by people with disabilities, immigrants and pensioners so as to facilitate the creation of a caring society.
n. Commissar Responsible for Professionals and Career Development who shall:
i. Promote the transformation of the workplaces in the private and public sector for the emergence of a revolutionary professional culture that is inclusive, caring and productive.
o. Commissar Responsible for Organisational Development who shall:
- Ensure the development of organisational capacity through the empowerment of members and structures of the EFF.
p. Commissar Responsible for Safety and Security who shall;
- Promote the development of progressive security and safety
q. Commissar Responsible for Land and Agrarian Reform who shall;
- Ensure the development of policy for agrarian and land reform, including fishing and food protraction
r. Commissar Responsible for Mineral and Natural Resources who shall;
- Be responsible for the development of EFF policies on mining, minerals and national resources for the benefit of inclusive economic development
s. Commissar Responsible for Sports and Recreation who shall;
i.ensure the development of policies on promotion of sports and recreation
t. Commissar Responsible for Justice who shall
i. Develop EFF policy on the transformation of the criminal and justice system
u. The Chairperson and Secretary of each of the Provincial Command Teams as well as one member from the Women’s Command and one member from the Youth Command shall be members of the CCT, and the composition of the CCT shall have a gender, demographic and geographic balance.
The Women’s Command
41. Every woman who has attained the age of 14 years and who is a member of the EFF is eligible for membership of the Women’s Command through her Branch Command Team.
42. The Women’s Command functions as an autonomous structure within the main structure of the EFF.
43. Its main objective is to raise the political consciousness of women into understanding that patriarchy is a societal ill and to this end must organize and mobilize women collectively with men if needs be, into ending patriarchy by putting the patriarchal, white-supremacist, capitalist oppression of women to an end.
44. Moreover the purpose of the Women’s Command is to promote the rights of women and in this regard to remove all impediments to their development as full and equal members of society.
The Youth Command
45. The Youth Command is an integral part of the EFF. Its main objectives are to mobilize and organize the youth into participating fully in the political, social and economic affairs of the country. Membership is open to all South Africans between the ages of 14 and 30 years.
Special National People’s Assembly
46. A Special National People’s Assembly (SNPA) may be convened by the CCT to deliberate on serious disciplinary matters and issues relating to the appeal of sentences imposed by the Disciplinary Committee and or for such other purpose as the CCT may deem necessary.
47. A SNPA may be convened by the CCT at any time or at the request of at least one third of membership to address only the matter(s) that triggered it.
48. Not less than one month’s notice of such a SNPA shall be given.
49. Participation at the SNPA shall be determined by the CCT, provided that branches are represented in proportion to their membership.
Organizational Principle of the EFF
1. The organizational principle of the EFF is democratic centralism.
2. The leading bodies of the EFF at all levels are elected through democratic consultation
3. The whole organization must observe unified discipline: The guiding principle is that at all times the individual is subordinate to the organization, the minority is subordinate to the majority, the lower level is subordinate to the higher level, and the entire EFF is subordinate to the CCT.
4. Leading structures of the EFF at every level shall periodically report on their work to EFF assemblies as well as general assembly meetings and shall constantly listen to the opinions of the people both inside and outside the organization and to this end accept their supervision. EFF members have the right to and must be encouraged where necessary to criticize the EFF, its leadership and or any component part thereof at all levels and make proposals to them. If an EFF member holds different views with regard to the decisions or directives of the any component structure of the EFF s/he is allowed to reserve her/his views and has the right to skip the immediate leadership channels of command and report directly to higher levels, up to and including the CCT and the President of the CCT. It is essential to create political conditions that are conducive to both centralism and democracy; discipline and freedom; unity of will and personal ease of mind.
Central Tasks of EFF Structures, Formations and Other Entities
1. In general, EFF branches must be formed in factories, mines and other enterprises, people’s residential areas including informal settlements, offices, schools, shops, prisons etc.
EFF branches or primary EFF Command Teams may also be set up where there is a relatively large membership or where the revolutionary struggle requires.
2. EFF structures, formations and other entities must give prominence to the revolutionary politics of the organization and develop the style of melding theory with practice, maintaining close links with the people and practicing criticism and self-criticism.
3. The main tasks of the component structures, formations and other entities of the EFF are:
a. To lead EFF members and the broad revolutionary masses in studying, internalizing and applying the political line of EFF;
b. To give constant education to EFF members and the broad revolutionary masses concerning the race/class struggle and the struggle between the two lines and to lead them in fighting resolutely against the class enemy;
c. To propagate and carry out the policies of EFF, implement its decisions and fulfil every task assigned by the CCT;
d. To maintain close ties with the masses by being located on the ground and constantly listening to their opinions and their demands.
e. To conduct robust ideological struggle within the EFF so as to keep the organization’s life vigorous.
f. To take in new EFF members, enforce discipline, constantly consolidate the EFF membership strength and to get rid of the rot and take in new energy so as to maintain the purity of the organizations’ ranks.
When members violate organizational discipline they must be dealt with in terms the provisions of the CODE OF CONDUCT as stated below under the heading, ‘Administration of Revolutionary Justice in the Economic Freedom Fighters’.
Proven reactionaries, enemy agents, absolutely unrepentant persons in leadership taking the racist/capitalist road, must be expelled from the EFF and not be re-admitted.
Administration of Revolutionary Justice In The Economic Freedom Fighters
Revolutionary Discipline Code (Code)
(Sections 1 to 3)
Disciplinary Procedure For EFF Members
(Sections 4 to 18)
Evaluation Of Evidence By The DC
(Sections 19 to 24)
Guidelines On Factors To Be Considered By The Disciplinary Committee (DC) When Imposing An Appropriate Sentence On Any Member Who Has Been Found By The DC To Have Committed An Offence In Terms Section 2 Of The Revolutionary Discipline Code
(Sections 25 to 30)
Revolutionary Discipline Code (Code)
1. This code in Chapter 1 is applicable to and binding on all members of the Economic Freedom Fighters (EFF)
2. Any member who-
(a) without authority or contrary to the decision of the Central Command Team (CCT) discloses the contents of any document as a result of which an unauthorized person becomes aware of the contents of any document, to the prejudice of the EFF;
(b) absents her/himself from any meeting, gathering, conference, workshop or any other event, being so required to attend by the CCT or any branch or other component structure of the EFF;
(c) assaults another member;
(d) willfully defies any CCT and or National People’s Assembly Decision and or Resolution;
(e) steals any property belonging to EFF;
(f) steals any property belonging to another member;
(g) receives any property referred to in paragraph (e) or (f) knowing it to have been stolen;
(h) being responsible for stocks and or moneys of EFF, negligently performs her/his tasks so as to cause any deficiency in such stocks and or moneys;
(i) makes any false accusation or statement against any other member or against the CCT or EFF;
(j) by word(s), act or omission to act causes actual or potential prejudice to good order and revolutionary discipline in EFF;
shall be guilty of an offence and liable on conviction to any sentence as prescribed in section 3 hereunder
3. Whenever a Disciplinary Committee (DC) convicts any member of any one or more of the offences as listed in section 2 above it shall impose upon the convicted member a sentence consisting of one of the following penalties-
(a) expulsion from EFF;
(b) suspension from EFF for a specified period;
(c) a fine; or
(d) a reprimand
Disciplinary Procedure For EFF Members:.
4. All complaints are to be lodged with the CCT within 60 days of the date that the offence was allegedly committed by an EFF member.
5. The complainant must state the concise particulars of the offence allegedly committed by an EFF member, including the date, time and place thereof and must where possible supply the CCT with supporting statements from all witnesses to the offence. The complaint together with the supporting statements must be reduced to writing.
6. Within 10 days of receipt of the said complaint the CCT, being the Convening Authority (CA), shall set up a Disciplinary Committee (DC). The DC shall comprise of three members i.e. the co-ordinator and 2 assessors who shall in turn be appointed by the CCT;
7. The CCT when appointing the members of the DC should ensure that each appointee:
(a) Is not related to the accused or the complainant by affinity, marriage or blood in the first or second degree;
(b) Has no such knowledge concerning the facts of the matter that her/his decision is likely to be prejudiced thereby;
(c) Does not bear the accused such animosity that her/his decision is likely to be affected thereby;
(d) Has no personal interest in the proceedings.
8. The co-coordinator of the DC shall within a reasonable time of convening the DC transmit to the member who is alleged by the complainant to have committed the offence a copy of the complaint and all supporting statements and call upon the alleged offender to respond to the complaint in writing within 10 days of receipt thereof. The alleged offender may corroborate her/his evidence by attaching written statements from all witnesses.
9. The DC may in its discretion call for the evidence of further witnesses which it feels may assist it in coming to an appropriate finding in the case. This evidence must be reduced to writing by the witnesses and sent to the DC within 10 days of receipt of such request by the relevant witnesses. The DC shall then send the further evidence to both the complainant and the alleged offender and request that they respond thereto in writing within 5 days of receipt thereof.
10, The complainant shall thereafter and within 5 days lodge with the DC her/his reply to the alleged offenders response and the DC shall then serve a copy thereof on the alleged offender.
11. The DC then evaluates the evidence and makes a finding and imposes an appropriate sentence on the offender in the circumstances where s/he was found to have committed the offence(s) as alleged. The decision of the majority of the DC shall be the decision of the DC.
12. Sentences of suspension and expulsion from the EFF shall not be executed until the finding and sentence have been considered and upheld by the CCC as the Appeal Authority. In this case the appeal is automatic.
13. For all other sentences the offender
may within 15 days after the finding furnish the CCT with written representations concerning the finding made and or sentence imposed by the DC and such representations shall together with the record of proceedings of the DC be duly considered by the CCT as the Appeal Authority.
14. The decision of the CCT may on application by the offender be placed before the National People’s Assembly as a subject of final appeal.
15. The entire process can be settled either on papers or orally or both on papers and orally as the relevant authority at each stage may require.
16. The DC may, in circumstances calling for urgent action to be taken and where there are compelling reasons to grant such relief, find against and sentence a member provisionally and call upon her/him to show cause on a return date why the provisional finding and sentence should not be made final. .
17. In the circumstances contemplated in Section 16 herein, the DC shall consist of one member appointed by the CCT
18. The outcome of the disciplinary hearing will be announced to members only.
Evaluation Of Evidence By The DC
19. In assessing the evidence before it the DC shall take instructive note of the following:
(a) The relevant facts that are not disputed by either the complainant or the alleged offender must be identified and accepted by the DC.
(b) All the other relevant evidence before the DC should then be assessed to determine its value to the case. This evidence is not to be evaluated in isolation but in totality, taking into consideration the undisputed facts.
(c) Once the evaluation of evidence has been finalised, the DC will then make its finding based on the evaluated evidence.
20. In determining the value of evidence the DC shall inter alia consider the type of evidence, whether the complainant had any witnesses and the credibility and reliability of the witnesses.
21. A distinction must be made between direct and circumstantial evidence. Direct evidence is where the witness makes direct submissions regarding the facts of the case. This type of evidence is regarded as strong evidence and significant value should therefore be attached to it. When assessing circumstantial evidence the DC is required to draw an inference since the witness has made no direct submission regarding the fact in issue. This type of evidence only provides indirect proof of a fact. Direct evident will generally therefore carry more weight than circumstantial evidence.
22. Although the DC may convict an offender of any offence on the evidence given by a single witness, it should however apply caution when evaluating this evidence as it is only this witness’s version against the version of the alleged offender that is before the DC.
23. The credibility of a witness can be decisive to the outcome of a case. When assessing evidence the DC must ask how credible or truthful each witness appears to be. To this end the DC must establish:
(a) whether the evidence of the witness was supported by the undisputed facts of the case;
(b) whether the witness contradicted her/himself and if so the nature of the contradictions must be established;
(c) whether there were inconsistencies in the evidence;
(d) whether the witness was evasive or candid ;
(e) whether the evidence appears to be true in the light of all the circumstances.
24. Where an alleged offender fails or refuses to give evidence, the DC must not base its evaluation of such offender’s credibility on the fact that s/he did not give evidence but must decide whether the evidence of and in support of the complainant is sufficient to prove the guilt of the alleged offender. If such proof exists then failure or refusal to give evidence in her/his case may lead the DC to draw a negative inference against the alleged offender.
Guidelines On Factors To Be Considered By The Disciplinary Committee (DC) When Imposing An Appropriate Sentence On Any Member Who Has Been Found By The DC To Have Committed An Offence In Terms Section 2 Of The Revolutionary Discipline Code
25. Before the DC imposes a sentence on an offender , it shall ascertain all the facts that may be relevant in arriving at a just sentence. There should be no standard punishment for a certain offence. Revolutionary conditions prescribe individualised punishments. The DC must evaluate all the facts that are aggravating (more severe) and mitigating (justifying) in respect of the sentence.
26. Before elaborating on the factors the DC must consider before sentencing an offending member, it is important that we understand why that member must be punished. Punishment is a sanction that entails the EFF community’s condemnation and disapproval of the offender and her/his conduct.
27. We must apply retribution and not revenge, in other words the offender must experience harm proportionate to that which has been inflicted by that member. There is a sense of proportionality here, the sense that the punishment should fit the offence and not the offender.
28. The sentence imposed must have the effect of deterring other would be offenders from committing similar offences.
29. Where there is material evidence that the offender has rehabilitated her/himself since the date of the commission of the offence that s/he is being sentenced for or if there are reasonable prospects that the offender will through the imposition of a certain sentence rehabilitate her/himself into a disciplined member of the EFF, then in this event the punishment must fit the offender rather than letting the punishment fit the crime.
30. Types of Sentences:
(a) Expulsion: The expulsion of a member from EFF shall only be considered where the offence that the member was found by the DC to have committed is of a disgraceful and or treasonous nature and the reputation and or the image of the EFF is tainted by her/his actions. Also where there is evidence that the offender is likely to continue committing similar and or other offences unless restrained then the preventative measure of expulsion of the member from the EFF shall be considered.
(b) Suspension: The suspension of a member from EFF shall only be considered where the offence that the member was found by the DC to have committed is of a serious nature and there is clear evidence that the member has rehabilitated her/himself into a disciplined member of EFF or where there are reasonable prospects of rehabilitation on the part of the member.
(c) Fine: when deciding on an amount the DC should decide on enough to punish the offender, but this should not serve to limit the member’s prospects of rehabilitation.
(d) Reprimand: this sentence is appropriate when the offence committed is not of a serious nature and there is clear evidence that the member has rehabilitated her/himself into a disciplined member of EFF or where there are reasonable prospects of rehabilitation on the part of the member.
Adopted by the Economic Freedom Fighters Founding National Assemble, 27 JULY 2013
Commander in Chief President