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.
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.