Federal Legal Commission (FLC)
Establishment and Composition: Elected by the Federal Executive, the FLC consists of a Chairperson, Deputy Chairperson, and up to 60 members, including legal and mediation experts.
Membership Criteria: Members must primarily be DA members, barring professionals who need to remain independent for their expertise.
Term and Succession: The FLC’s term ends upon the appointment of its successor, but it remains functional for ongoing matters.
Casual Vacancies: The Federal Council fills any vacancies as per the outlined process.
Procedural Integrity: Even procedural defects in appointments do not invalidate decisions or proceedings.
Powers and Functions of the FLC
Constitutional Interpretation and Certification: Interprets the DA's Constitutions and certifies Provincial Constitutions.
Dispute Resolution and Decision Review: Resolves disputes and reviews decisions concerning meetings, elections, and resolutions of Party structures.
Appeals and Review Processes: Handles appeals under the constitution and reviews incapacity process recommendations.
Investigation and Enquiry: Conducts investigations or enquiries as referred by the Federal Executive.
Mediation Referral: Can refer matters for mediation.
Reporting and Funding: Regularly reports to the Federal Executive and Council; funded by the Party.
Provincial Disciplinary Committees
Establishment: Formed by the Provincial Executive post each Provincial Congress.
Composition: Not more than 10 members and alternates, with a majority having legal qualifications.
Panel Compliance: Must comply with FLC rules in composition and proceedings.
Disciplinary Tagging Committee
Establishment and Composition: Includes chairs or nominees from the Federal Executive and FLC, among others.
Quorum and Functions: Quorum requirements and functions are defined by the constitution and FLC rules.
Competent Procedures
Referral and Actions: The FLC can initiate disciplinary proceedings, mediation, or decide on no further action after investigating referrals from the Federal Executive.
Procedures Applicable to Disciplinary Proceedings in the Democratic Alliance
Laying of Complaints (Section 10.6.1):
Any member can file a complaint of misconduct against another member.
Disciplinary Tagging Committee’s Role (Section 10.6.2):
Determines if the complaint constitutes misconduct.
Decides the level of disciplinary proceedings (federal or provincial) or if mediation is appropriate.
Referral to Federal Disciplinary Proceedings (Section 10.6.3):
If a Provincial Disciplinary Committee fails to resolve a complaint timely, the Disciplinary Tagging Committee may escalate it to federal proceedings.
Conducting Disciplinary Proceedings (Sections 10.6.4 & 10.6.5):
Federal and Provincial Disciplinary Panels, appointed respectively and chaired by legally trained individuals, handle the proceedings.
Each panel is assisted by an investigator for fact-finding.
Determination and Sanction (Sections 10.6.7 & 10.6.8):
The panel determines the guilt and appropriate sanction for misconduct.
The Federal Executive can amend sanctions within five days by a two-thirds majority.
General Procedures (Section 10.6.10):
Disciplinary proceedings follow the Constitution and FLC Rules.
Legal challenges related to proceedings may be resolved through arbitration (Section 10.6.11).
Procedures Applicable to Mediation (Section 10.7):
Formal mediation procedures are in-camera and without legal representation.
Only trained FLC members can conduct mediation.
Suspensions and Commissions (Section 10.8):
The Federal or Provincial Executive can temporarily suspend members or appoint commissions for inquiries.
Sanctions for Misconduct (Section 10.9):
Sanctions range from termination of membership to fines or service requirements.
Specific rules apply to public representatives and elected positions.
Appeals and Reviews (Section 10.10):
Candidates can appeal to the FLC regarding nomination and selection processes.
FLC decisions are final but can be reviewed by the High Court on the Federal Executive's decision.
Termination or Suspension of Membership (Section 10.11):
Membership ceases or is suspended as per the FLC Rules, especially in cases of incapacity or misconduct.
Reporting to Federal Council (Section 10.12):
The FLC reports its activities and decisions to the Federal Council, while Provincial Disciplinary Committees report to Provincial Councils.
Conclusion
The Democratic Alliance has established a comprehensive legal framework within the party to ensure fair and just handling of internal legal matters, disputes, and disciplinary issues. The Federal Legal Commission, along with the Provincial Disciplinary Committees and the Disciplinary Tagging Committee, play pivotal roles in maintaining the party's constitutional integrity, upholding its principles, and ensuring that all actions and decisions are in line with the party's established rules and ethical standards.
