The Founding Document
The Constitution of MUCM
We, the people of Makhanda, meeting in Community Assembly, hereby adopt this Constitution as our supreme law and fundamental charter of governance.
The Constitution of the Makana United Civic Movement establishes the Movement as a juristic person under the Non-Profit Organisations Act 71 of 1997, sets out the rights of every resident of Makhanda, and provides the framework through which the Movement governs itself, manages public resources, and delivers on its promises.
It consists of 54 Articles in 14 Chapters plus 5 Schedules, and is the supreme law of the Movement. Any law, policy, decision or conduct inconsistent with the Constitution is invalid.
Founding Provisions
Establishment, legal status, territorial jurisdiction and constitutional supremacy.
The Movement is known as the Makana United Civic Movement (MUCM). It may also be referred to by its official isiXhosa name, iNtshukumo yoluntu lwaseMakhanda, and its Afrikaans name, Makhanda Verenigde Burgerlike Beweging.
The Movement is established as a juristic person under the Non-Profit Organisations Act 71 of 1997, has perpetual succession, may sue and be sued in its own name, and shall register as a Public Benefit Organisation under the Income Tax Act 58 of 1962.
It operates within the municipal boundaries of Makana Local Municipality, Eastern Cape Province.
Bill of Rights for Makhanda Residents
The rights of every person within the Movement's territorial jurisdiction.
Human Dignity
Every resident has inherent dignity and the right to have such dignity respected and protected. No resident may be subjected to degrading treatment or punishment.
Equality
All residents are equal before the law and entitled to equal protection and benefit of the law, without unfair discrimination on any ground.
Life, Liberty & Security
Every resident has the right to life, liberty, and security of person and property, and to freedom from all forms of violence.
Political Rights
Every adult resident has the right to participate in political activities, to vote in municipal elections, and to peaceful assembly and association.
Socio-Economic Rights
Every resident has the right to access adequate water, sanitation, electricity, waste management, housing, health care, education and economic activity.
Access to Information & Justice
Every resident has the right to access information held by the Movement, to just administrative action, and to approach a competent court for redress.
Financial Management
How MUCM will manage public money, deliver clean audits, and remain accountable to residents.
All funds shall be managed transparently and in the public interest. Annual audits by independent chartered accountants are mandatory. Public disclosure of all income, expenditure, and assets is required. No personal enrichment from Movement activities is permitted.
The Movement will publicly disclose: annual audited financial statements; quarterly financial reports; all contracts and agreements above R50,000; salaries and benefits of all senior positions; details of all donations and grants received; and asset registers and major capital expenditures.
All procurement shall be fair, equitable, transparent and competitive. Contracts above R200,000 will be advertised publicly and awarded through competitive bidding. Representatives and their families may not bid for contracts.
Anti-Corruption Measures
Zero tolerance for corruption, fraud, theft and maladministration — with whistleblower protection for those who report it.
Zero Tolerance
All forms of fraud, theft and maladministration are prohibited. Swift and decisive action will be taken against corrupt individuals.
Whistleblower Protection
Protection is provided for those who report corruption — because accountability depends on people being able to speak safely.
Conflict of Interest
Asset declarations are required for all representatives and senior officials. Gift policies limit the acceptance of benefits from third parties.
Recall & Removal
Elected representatives serve at the community's pleasure — and can be removed by it.
Any councillor or trustee may be recalled for persistent failure to perform their duties, misconduct, criminal conviction, or loss of confidence by a significant majority of constituents.
A recall petition needs the signatures of at least 30% of eligible voters in the ward. The representative has 30 days to respond, then a recall vote is held. Recall succeeds with a majority in favour, provided at least 25% of voters turn out.
Councillors also report back to their Ward Assembly at least monthly, and face a formal performance review every year — accountability is not only for when something goes wrong.
Code of Conduct for Representatives
Every MUCM representative signs up to this — no exceptions.
Representatives Will
Serve the public interest above personal interests, treat all persons with dignity, communicate regularly with constituents, and report suspected corruption or misconduct.
Representatives May Not
Use their position for personal financial gain, accept bribes or improper inducements, engage in nepotism, or use public resources for personal or political purposes.
Service Delivery Commitments
The standards every resident of Makhanda is entitled to, from water to Wi-Fi.
Water & Sanitation: Every resident has the right to sufficient water and basic sanitation. At minimum, 25 litres of safe drinking water per person per day will be provided free. Water quality will comply with national standards.
Electricity: Reliable electricity will be supplied to all residents. 50 kWh per household per month will be provided free to indigent households. Clean energy sources will be prioritised.
Waste Management: Regular refuse collection to all areas, with recycling and waste reduction programmes.
Infrastructure: A comprehensive infrastructure master plan; all roads maintained to acceptable standards; public transport accessible and reliable; high-speed internet and public Wi-Fi in public facilities.
Economic Development: At least 30% of procurement from local suppliers where possible; support for small, medium and micro enterprises; investment attraction.
Environmental Protection & Sustainability
The right to a healthy environment, and MUCM's responsibility to protect it.
Every resident has the right to a healthy environment, protected for current and future generations. The Movement is committed to ecologically sustainable development, conservation of natural resources, and preventing and remediating pollution.
Water resources will be managed sustainably, with groundwater protected from contamination and wetlands preserved. Biodiversity will be protected through conservation areas and community-led initiatives.
Air, water, and soil quality will be monitored regularly, with waste reduction and recycling prioritised across the municipality.
Amendment & Dissolution
How the Constitution may be changed — and the safeguards that protect the Movement's core principles.
The Constitution may be amended by special resolution of the Municipal Community Assembly, requiring support from at least two-thirds of delegates present and voting. Proposed amendments must be circulated to all Ward Community Assemblies at least 60 days before voting.
Certain provisions may never be amended — including the Bill of Rights, the democratic nature of the Movement's governance structures, and the principles of transparency, accountability and participation.
The Movement may only be dissolved by a three-quarters majority of all Community Assemblies. Upon dissolution, all assets shall be distributed to similar non-profit organisations serving the Makana community. No assets may benefit any individual member or leader.
Read the Full Document
The complete Constitution
The full Constitution of the Makana United Civic Movement — 54 Articles, 14 Chapters and 5 Schedules — is available for download.