Since the party’s defeat in last year’s national polls, there have been growing calls from some members advocating for constitutional reforms. The congress comes after the current CC faced mounting pressure from members calling for an elective congress despite some members having given the current CC one year mandate extension last year. However, the party’s constitution clearly outlines the formal processes required for any amendments or reviews to take place. Speaking during an interview on Tuesday, Ngaka Ngaka stated: "We have not received any formal communication regarding a party constitution review. Of course, during the president’s and CC’s visits to the 14 party regions, some members did raise the need for constitutional reforms. Nevertheless, this upcoming congress will be solely dedicated to elections. Had there been formal written proposals, we would have handed them over to the new CC to proceed and determine how the review could be undertaken." Moreover, Ngaka emphasised that the reason the matter will not be addressed at this congress is because a national congress, which is the proper platform for such discussions, has not yet been convened. Additionally, he pointed out that the national congress, youth congress, and women’s wing congress were all temporarily suspended to ensure they are conducted under the supervision of the incoming congress.
However, the party constitution article 42 states; “this constitution may be amended by a national congress of the party, provided that: any member, committee or organ of the party propose amendment to the party constitution or regulation by submitting, in writing, the proposed amendment to the executive secretary not later than four calendar months prior to the next meeting of the national council. The executive secretary shall immediately bring to the attention of the SG of the party such proposed amendment. The SG of the party shall immediately, certainly not later than three calendar months prior to the next meeting of the national council, cause to be sent to each branch committee and regional committee of the party proposed amendment.” Furthermore, the constitution states that each branch and region shall hold a congress to, inter alia, and consider the proposed amendment in preparation for the national council. It also says the proposed amendment shall be read, but not debated (although it may be clarified and explained), at the next meeting of the national council. Again, the constitution reveals that the proposed amendments shall be placed on the agenda of the next party congress, whether ordinary or special, debated and shall be made only if accepted and approved by no less than two thirds of the members of the national congress present and voting.
Still on the constitution, it says only amendments complying with this procedure, or variations thereof arising in the course of debate, may be made and amendments made as above provided shall take effect immediately unless the postponement of their approval, in which event the date of their commencement shall be expressly stated by the national congress making the amendment. It also says in the case of an extraordinary national congress the provision of clause I of this article shall be deemed to have compiled with if, at least one month’s notice of the proposed amendments given to members of the national council and at least 24 hours’ notice is given to delegates of the national congress. When responding to the laid out procedure, the party SG said; “the process needs time and it would be done by the incoming CC. Currently, the constitution dictates that they follow the same process for any amendments to be done. There is no way the CC could go against the party constitution. The new CC would have to ensure that lower structures are voted and calls for national council so that all decisions taken would be discussed at the extra ordinary congress.” He said the new CC would have to call for an extra ordinary congress if any organ, committee, or a member has written to the party asking for constitution review. He stated that the national council deals with programme and policies of the party.
