Constitution for the United States of Africa
for a federal state of Africa
as drafted by
Purpose of the African Constitution
The African people,
In the states of Sao Tome, Cape Verde, Congo (Kinshasa), South Africa, Ethiopia, Ivory Coast, Egypt, Burkina Faso, Gabon, Togo, Benin, Ghana, Saharawi, Algeria, Tunisia, Libya, Mauritania, Senegal, Gambia, Nigeria, Guinea Bissau, Guinea, Sierra Leone, Liberia, Mali, Niger, Cameroon, Chad, Sudan, Central Africa, Equatorial Guinea, Congo (Brazzaville), Angola, Namibia, Botswana, Zambia, Zimbabwe, Lesotho, Swaziland, Mozambique, Madagascar, Seychelles, Comoros, Tanzania, Malawi, Burundi, Rwanda, Uganda, Kenya, Somalia, Djibouti, Eritrea, Mauritius, Morocco and South Sudan,
Resolved to form a progressive federal democracy for Africa, fortify and defend the continental borders, secure and develop Africa's natural resources, establish the rule of law and guarantee justice, liberty, human rights, opportunity, prosperity and peace for all Africans,
Have enacted this Constitution for the United States of Africa, whose provisions are hereafter contained in Articles 1 through 15.
1. Supreme Law
Law of the Land
Section A - Constitutional Federation
The United States of Africa is a federal state established and governed in accordance with these provisions of the African Constitution, the supreme law of Africa and to which all other legislation is subject.
Section B - Citizen Power
(1) By virtue of their constituent or citizen power, the African people shall resist and stop any person or persons seeking to subvert this constitutional order in which event no alternative remedy is available.
(2) (a) Nonviolent protest is free speech. Every participant in a protest is required to do so without violence. Forceful action against unarmed and peaceful protesters is banned.
(b) A person in a position of authority who issues or enforces an order to use force on unarmed protesters shall be removed from office and prosecuted to the fullest extent of the law.
(3) (a) If and when the state and federal authorities are unwilling or unable to protect and defend the African people and their property in any part of Africa, the population of the affected community, town, city, county or state is entitled to organize itself into a well regulated militia for the sole and express purpose of self defense and protection of property.
(b) (i) For the purpose of protection of life and property and legitimate militia service, the right of the African people to own and keep guns and other appropriate weapons on their private premises shall not be infringed upon.
(ii) Weapons of mass destruction, including but not limited to nuclear and all other kinds of bombs and biological and chemical agents of warfare, are banned from private ownership and do not apply to militia service and individual citizen use in protection of life and property.
(iii) Africans who want to own and keep weapons on their premises for legitimate self defense, protection of property and militia service are required to apply for a federal weapon licence and must have no history of alcohol, drug and behavioral problems and with no criminal record.
(iv) In addition to being responsible for the full cost of a background check, applicants for a weapon licence shall pay a weapon licence processing fee.
(v) A weapon licence shall be for a specific period to be stipulated by the Federal Congress of Africa and must be renewed upon expiration, during which process the applicant must pass a new background check.
(vi) The United States of Africa shall contract the states to process, issue and renew federal weapon licences as agents of the federation.
(vii) A weapon owner who commits a crime and is convicted or who fails a background check shall lose his or her license to own and keep weapons. All weapons in the possession of a person who loses a weapon license shall become federal property.
(viii) Weapons kept on private premises are the responsibility of the adult owner. Children, all other non-adults and unauthorized adults must not have access to them, a violation of which, including weapon misuse by the owner, will result in criminal prosecution, revocation of the responsible party's weapon licence and a permanent weapon ban on the violator.
(4) With the exception of authorized law and order enforcement and legitimate militia service, possession of a weapon at a public place, including but not limited to schools, rallies and elsewhere people gather for any purpose, is banned.
2. Capital City
Seat of Government
Section A - Central Location
(1) The place where the line joining the easternmost and westernmost points and the line joining the southernmost and northernmost points of the African continent intersect shall be the location of the seat of government of the United States of Africa.
(2) In the respective order, the easternmost, westernmost, southernmost and northernmost points of Africa are at Ras Hafun (Somalia), Cape Verde, Cape Agulhas (South Africa) and Ras ben Sakka (Tunisia).
(3) The easternmost-westernmost and southernmost-northernmost lines intersect in the western part of Lake Chad at the place where the Nigerian, Cameroonian and Chadian state lines converge.
Section B - Federal District and City
(1) The area around a 250 mile radius of the easternmost-westernmost and southernmost-northernmost intersection, as described in Section A of this article, shall be named the District of Lumumba.
(2) The seat of government of the United States of Africa shall be located in the District of Lumumba, which capital city of Africa will be named the City of Nkrumah.
3. Official Language
Language of African Unity
Section A - National Languages
All indigenous African languages are national languages of the United States of Africa.
Section B - Official Language
(1) The national language with inter-ethnic roots and is widely spoken and capable of unifying the entire continent shall be promoted and established as the official language of the United States of Africa.
(2) The language with inter-ethnic roots and which is widely spoken and capable of unifying the entire continent of Africa is Kiswahili.
(3) All official communications in a national language other than the official language of Africa shall be accompanied with an accurate translation in Kiswahili.
(4) The current official languages of the states remain in use pending the establishment of Kiswahili as the official language of Africa.
The national flag of Africa is a hybrid of the flags of the constituent states of the United States of Africa.
The national anthem of the United States of Africa is "Africa Is Where My Heart Lies."
6. Citizen Rights
Bill of Rights
Section A - Citizenship
(1) Equal citizenship. All persons born in or naturalized in the United States of Africa and subject to the jurisdiction thereof shall be citizens of Africa and the states wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of African citizens, nor shall any state deprive any person of liberty or property without due process of law or deny any person within its jurisdiction the equal protection of the law.
(2) Right to work. Every African is eligible for employment in the public and private sectors according to aptitude, education, training and experience. No African citizen shall be discriminated against and disadvantaged based on ethnicity, religion or ideology.
(3) Legal accountability. Each person, including government, shall be accountable to the law for their actions. The Congress of Africa shall make no law curtailing citizen rights except such laws as will secure to each individual the free exercise of conscience, property ownership and, inter alia, the protection of life.
Section B - Right to Vote
African citizens who have attained the voting age of sixteen years are entitled to vote in all public elections.
Section C - Right to Seek Election
(1) With the exception of the Council of Elders, African citizens who have attained the voting age of sixteen years are entitled to seek election to public office.
(2) Africans who have attained the age of sixty-five years are entitled to seek election to the Council of Elders.
Section D - Information, Association and Petition
(1) Freedom of information and association. There shall be no law abridging the freedom of speech and the press or the right of the people to peaceably assemble. Every person may freely speak, write and publish on any topic, being responsible for the abuse of that liberty.
(2) Right to petition. All Africans are entitled to individually or jointly with others direct written requests and complaints to the federal, state and local authorities, including elected officials.
Section E - Education
(1) Every African citizen is entitled to quality and affordable education. Primary school is free and compulsory for all Africans.
(2) Secondary and tertiary education at public institutions shall be free for all Africans with disabilities.
(3) The United States of Africa and the states will each pay fifty percent for every disabled African student attending a public school, college or university, with each state responsible for that cost within its own jurisdiction only.
Section F - Family
The Federal Congress of Africa shall make no law detrimental to the family as defined and practiced in African tradition.
Section G - Healthcare
(1) Universal healthcare. All African citizens are entitled to quality and affordable healthcare.
(2) Abortion. Termination of a pregnancy is permissible as a medical emergency.
(3) Euthanasia. Terminally ill Africans are granted the option of medically administered and supervised euthanasia.
(4) Details will be regulated by a federal statute.
Section H - Criminal Suspects and Convicts
(1) Search and arrest warrants. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
(2) Rights of accused persons. In all criminal prosecutions, the accused is entitled to a speedy and public trial by an impartial jury of the state and judicial district wherein the crime shall have been committed, which jurisdiction shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. No fact tried by a jury shall be otherwise reexamined in any court of the United States of Africa than according to the rules of the common law.
(3) Rights in criminal cases and protection of property. No one shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury, except in cases arising in the land, naval or air forces when in actual service in time of war or public danger, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation.
(4) Ban on excessive bail, fines and punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. There shall be neither slavery nor involuntary servitude in the United States of Africa other than community service as punishment for a crime, whereof the party shall have been duly convicted.
Section I - Right to Worship
(1) The United States of Africa is a secular federation with no law favoring or hindering private devotion. Religious activity is prohibited from public facilities.
(2) Religious organizations can discipline their members for disorderly conduct according to their rules provided any such disciplinary action be for fellowship and good standing. They can only excommunicate them and withdraw from them their fellowship. They cannot try people on the right of property or life or put them in jeopardy of either limb or life or to inflict any physical punishment upon them.
Section J - Gender Equality
(1) Gender discrimination is outlawed.
(2) There shall be equal pay for equal work.
(3) Female circumcision, or female genital mutilation, is banned.
(4) Women have the same right as men to inherit and own property.
(5) Arranged, underage and forced marriages are proscribed.
(6) Polygamy is banned.
(7) The states shall administer community outreach programs to enlighten the citizenry on the detrimental impacts of archaic and retrogressive cultural practices.
Section K - Privacy of Communications
With the exception of court-authorized criminal surveillance, the privacy of communications is inviolable for all law-abiding persons.
7. Electoral Process
Section A - Free and Fair Elections
(1) All public authorities in the United States of Africa shall be democratic institutions accountable to the African Constitution and the African people through free and fair elections, through the legislative process and through the nonpartisan oversight mechanism of independent agencies stipulated herein.
(2) Electoral fraud is a crime against the African people. A person appointed to serve as an election officer and, having accepted the appointment, neglects to perform the assigned duty or takes part in a fraudulent election shall serve a jail term, pay a fine and forfeit for life his or her right to participate in public elections and work in public service.
Section B - Election Bribery
(1) “Anything of value” includes an amount of money or an object which has utility independent of any political message it contains and the value of which amounts to or exceeds one cent.
(2) A person who does any of the following violates this article:
(a) Offers, gives, lends or promises to give or lend, or endeavors to procure, anything of value, or any office or employment or any privilege or immunity to, or for, any elector, or to or for any other person, in order to induce any elector to:
i) Go to or refrain from going to a polling place,
ii) Vote or refrain from voting,
iii) Vote or refrain from voting for or against a candidate,
iv) Vote or refrain from voting for or against a particular referendum; or on account of any elector having done any of the above.
(b) Receives, agrees or contracts to receive or accept any money, gift, loan, valuable consideration, office or employment personally or for any other person, in consideration that the person or any elector will so act or has so acted.
(c) Advances, pays or causes to be paid any money to or for the use of any person with the intent that such money or any part thereof will be used to bribe electors at any election.
(3) Section A (2) of this article applies equally to a person who (i) offers or accepts a bribe or other inducement in exchange for a vote, (ii) fails to report to the police and the state or federal electoral authority any act or attempt of electoral fraud, including voter bribery, (iii) obstructs an investigation into electoral fraud, or (iv) violates any or all of the other parts of this article.
Section C - Directorate of Elections
(1) (a) There is established a nonpartisan federal electoral body to be known as the Directorate of Elections. The Directorate is composed of electoral directors recommended for presidential nomination by the Board on Public Integrity and headed by an administrator, a secretary and a treasurer.
(b) The Directorate of Elections is Africa's independent and nonpartisan agency which administers the electoral process, being responsible for fully enforcing electoral law and ensuring free and fair elections are accessible to all Africans. In addition to the administration of federal elections, the mandate of the directorate encompasses national referenda, all other aspects of electoral policy and ensuring the states conduct their elections in accordance with the African Constitution.
2) The members of the Directorate shall have no affiliation with any political organization and shall serve for a single five-year term, but a member of the Directorate may serve after the expiration of his or her term until his or her successor takes office.
3) A person appointed to fill a vacancy occurring in the Directorate other than by the expiration of a term of office shall be appointed only for the unexpired term of the predecessor.
4) Any vacancy occurring in the membership of the Directorate shall be filled in the same manner as in the case of the original appointment.
5) Members of the Directorate shall be chosen on the basis of their expertise, integrity, impartiality and good judgment. Electoral directors shall be individuals who, at the time appointed, are not elected or appointed officers or employees in the executive, legislative or judicial branch of the United States of Africa. Electoral directors shall not engage in any other business, vocation or employment and must not be affiliated with any political organization. A person involved in any other business, vocation or employment at the time of his or her appointment to the Directorate shall terminate or liquidate such activity upon appointment.
(6) Officers. The electoral directors shall elect an administrator, a secretary and a treasurer from among its members. The Directorate shall appoint a head of staff and a general counsel.
(7) The Directorate shall administer and enforce compliance with federal electoral law in addition to formulate electoral policy with respect to this article. The Directorate has exclusive jurisdiction over the civil enforcement of constitutional and statutory provisions.
(8) Nothing in this article limits, restricts or diminishes the investigatory, informational, oversight, supervisory and disciplinary function of the Federal Congress or any committee of the Congress with respect to elections for federal office.
(9) Voting requirements and delegation of authority. All decisions of the Directorate with respect to the exercise of its duties and powers under the provisions of this article shall be made by a majority vote of its members. A member of the Directorate may not delegate to any person his or her vote or any decision-making authority or duty vested in the Directorate.
(10) Rules, seal and principal office. The Directorate shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed and shall have its principal office in or near the District of Lumumba, but it may meet or exercise any of its functions anywhere in the United States of Africa.
(11) Judicial orders for compliance with subpoenas and orders of the Directorate. Upon petition by the Directorate, any federal district court of the United States of Africa within the jurisdiction of which any inquiry is being carried on may, in a matter relating to refusal to obey a subpoena or order of the Directorate, issue an order requiring compliance. Failure to obey the court order shall be punishable as contempt of court.
(12) No officer or agency of the United States of Africa shall has any authority to require the Directorate to submit its legislative recommendations, testimony or comments on legislation to any office or agency of the United States Africa for approval, comment or review prior to the submission of such recommendations, testimony or comments to the Federal Congress.
(D) Powers Granted the Directorate
The Directorate of Elections has power:
(1) To require by a special or general order any person to submit under penalty of perjury written reports and answers to questions as the Directorate may prescribe,
(2) To administer affirmations,
(3) To require by subpoena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties,
(4) In any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Directorate and has the power to administer affirmations and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3),
(5) To pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States of Africa,
(6) To initiate through civil actions for injunctive, declaratory or other appropriate relief, defend in the case of any civil action brought under this article or appeal any civil action in the name of the Directorate to enforce the provisions of this article through its general counsel,
(7) To render advisory opinions pursuant to this article,
(8) To develop prescribed forms and to make, amend and repeal rules pursuant to the provisions of this article and statutory law regulating federal elections, and
(9) To conduct investigations and hearings expeditiously, encourage voluntary compliance and report apparent violations to the appropriate law enforcement authorities, including the attorney general of the United States of Africa.
Section E - Procedure and Practice
(1) Any person who believes a violation of this article or a federal statute regulating elections has occurred may file a complaint with the Directorate. The complaint shall be in writing, signed under penalty of perjury and notarized. Within seven days after receipt of a complaint, the Directorate shall notify in writing the person or persons alleged in the complaint to have committed such a violation. The person or persons alleged to have committed an electoral violation must forthwith file a written answer to the notice.
(2) If the Directorate, upon receiving a complaint or on the basis of information ascertained in the normal course of carrying out its functions, determines that it has reason to believe a person has committed, or is about to commit, a violation of electoral law, the Directorate shall notify in writing the person of the alleged violation and require him or her to promptly file an answer to the allegation. The notification shall set forth the factual basis for the alleged violation. The Directorate shall commence a probe into the alleged violation in the event the answer fails to provide information overturning the allegation or if the accused does not respond as required.
(3) Upon the determination of the Directorate that a violation has been committed as alleged, the Directorate shall take administrative action or seek judicial sanctions to prevent, stop, correct or penalize the violation. Violators of electoral law shall pay a fine and forfeit their right to work in public service and, depending the violation, be barred from taking part in current or all future elections in addition to other sanctions, including a prison term, as a court may rule. A person or persons found to be in violation of electoral law shall reimburse the Directorate of Elections for the costs of investigation, including legal and court costs.
(4) If, after an investigation, the Directorate finds that any person has committed a knowing and willful violation of an order entered in a judicial proceeding related to a breach of electoral law, the Directorate shall petition the court for a ruling holding the person in criminal contempt and an arrest warrant shall be issued upon the petition prevailing.
Section F - Duties of the Directorate
The Directorate of Elections shall:
(1) Prescribe forms necessary to implement all electoral law.
(2) Prepare, publish and post on its website a manual recommending methods of bookkeeping and reporting for all persons required to file reports, statements and other information.
(3) Develop a filing, coding and cross-indexing system consistent with the purposes of this article.
(4) (a) Maintain a central site on the internet to make accessible to the African people all publicly available election-related reports and information. The term ‘election-related report’ means any report, designation or statement required to be filed.
(b) (i) As soon as possible after the receipt by the Directorate of reports and statements filed with it, make them available for public inspection and copying at the expense of the person requesting such copying except that any information copied from such reports or statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes other than using the name and address of any political committee to solicit contributions from such committee.
(ii) The Directorate shall exclude from the public record the contact information of financial contributors to political candidates in order to protect against illegal use of names and addresses of contributors. Candidates and political committees are required to attach a stand-alone list of their financial contributors as a separate page to the appropriate report to make it easy for the Directorate to remove it when publishing it.
(5) Keep such designations, reports and statements in their electronic database for a period of five years from the date of receipt.
(6) (a) Compile and maintain a cumulative index of designations, reports and statements filed under this article, which index shall be published at regular intervals and made available for purchase directly or by mail.
(b) Compile, maintain and revise a separate cumulative index of reports and statements filed by multicandidate committees, including in such index a list of multicandidate committees.
(c) Compile and maintain a list of multicandidate committees, which shall be revised and made available monthly.
(7) Prepare and publish periodical lists of authorized committees which fail to file reports as required by this article.
(8) Prescribe rules, regulations and forms to carry out the provisions of this article.
(9) Conduct audits and field investigations of any political committee required to file a report, including the verification for, and receipt and use of, any funds received by a candidate or committee.
(10) Recommend to both chambers of the Federal Congress any legislative or other action the Directorate deems necessary.
(11) Transmit to the Board on Public Integrity an annual report stating in detail the activities of the Directorate in performing its functions under this article.
(12) Make all statements, reports, notifications and all other information filed with the Directorate available for inspection by the public in the offices of the Directorate and accessible to the public on the internet upon receipt by the Directorate.
(13) (b) Additional information. To the extent feasible, the Directorate shall require that software developed for use in federal elections of the United States of Africa have the ability for any person to file any designation, statement or report in electronic form.
(14) The Directorate shall maintain the Federal Voter Registry and administer civic education and information programs and provide accessible physical facilities for all voters nationwide.
(15) The Directorate shall periodically readjust electoral district boundaries after every decennial national census,
(16) The Directorate shall register political organizations and monitor their funding sources,
(17) The Directorate shall ensure the nomination of political candidates is democratic and the primary election process meets the requirements of the African Constitution and statutory law.
(18) The Directorate shall receive and examine the financial disclosure reports of all election candidates for federal office.
(19) The Directorate shall appoint and train returning officers and ensure they provide competent and efficient management of the electoral process nationwide. It shall recruit seasonal election personnel to staff its polling centers in every state under the supervision of returning officers.
(20) The Directorate shall process and authorize the payment of election campaign allowances and the reimbursement of expenses of women and physically disabled citizens seeking to be elected to public office according to a formula to be set out by a federal statute.
(21) The Directorate is mandated to adjust the boundaries of federal electoral districts following each decennial census.
(22) The Directorate shall carry out studies on alternative voting methods and, with the approval of the Chamber, test electronic voting for possible future use in elections.
Section G - Disclosure of Campaign Resources
(1) The term "election" means a primary, general, special or runoff election.
(2) The term "candidate" means an individual who seeks nomination for election or election to public office. A person shall be deemed to be seeking nomination for election or election to public office if:
(a) One has received political campaign contributions or has made expenditures for the purpose of political nomination or election, or
(b) One has given consent to another person to seek and accept political campaign contributions or make expenditures on his or her behalf.
(3) The term "public office" means a position in federal, state or local government.
(4) The term "political committee" means (a) a group of persons which receives political campaign contributions or (a) a campaign committee designated and authorized by a candidate, (b) a local committee of a political party which receives contributions, or (d) or any other political activity fund.
(5) (a) The term "contribution" includes (i) any gift, subscription, loan, advance or deposit of money or anything of value made by any person for the purpose of influencing any election for public office, or (ii) the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose. Details will be regulated by a federal statute.
(6) (a) The term "expenditure" includes (i) any purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made by any person for the purpose of influencing any election for public office, including paid political advertisement and excluding nonpartisan voter education for increasing citizen participation in the democratic process. Details will be regulated by a federal statute.
(7) The term "political organization" or "political party" means an association or group which nominates a candidate for election to public office whose name appears on the ballot as the candidate of such organization.
(8) The term ‘independent expenditure’ means an expenditure by a person or a group (a) expressly advocating the election or defeat of a clearly identified candidate, but (b) which is not made in concert or cooperation with or at the request or suggestion of the candidate, the authorized political committee, their agents, political party committee or its agents.
(9) The term ‘federal election activity’ means (i) voter registration activity, (ii) voter identification, vote turnout drive or generic campaign activity conducted in connection with an election in which a candidate for federal office appears on the ballot, (iii) a public communication which refers to a clearly identified candidate for federal office, and (iv) work performed by a person or group for a political committee.
(10) Every political committee shall have a treasurer. No contribution or expenditure shall be accepted or made by or on behalf of a political committee during any period in which the office of treasurer is vacant. No expenditure shall be made for or on behalf of a political committee without the authorization of the treasurer or his or her designated agent.
(11) Every person who receives a contribution for an authorized political committee shall no later than seven days of receiving the contribution forward to the treasurer the contribution the name and address of the person making the contribution and the date of receipt.
(12) All the funds of a political committee shall be segregated from, and must not be commingled with, the personal funds of any individual.
(13) (a) The treasurer of a political committee shall keep a complete and accurate of account of:
(i) All contributions received by or on behalf of the political committee,
(ii) The identity and contact information of every person or group that makes a contribution together with the date and amount of any such contribution, and
(iii) The name and address of every person to whom any disbursement is made, the date, amount and purpose of the disbursement and the name of the candidate and the office sought by the candidate, if any, for whom the disbursement was made, including a receipt, invoice or cancelled check for each disbursement.
(b) The treasurer of a political committee shall preserve all revenue and expenditure records required to be kept by this section and copies of all reports required to be filed with the Directorate of Elections for four years of each report being filed.
(b) Notwithstanding any provision of this article relating to times for filing reports, each candidate for federal office or the candidate’s authorized committee shall use software that meets the standards promulgated by the Directorate once such software is made available to such candidate.
(14) (a) The Directorate shall as soon as practicable post on the internet all information received pursuant to this provision,
(b) The Directorate shall ensure that, to the greatest extent practicable, information required to be disclosed is publicly available through the Directorate's website in a manner that is searchable, sortable and downloadable, and
(c) The Directorate's public database containing information disclosed under this provision is linked electronically to the website of the Board on Public Integrity.
Section H - Registration of Political Committees
1 (a) Each authorized political committee shall file a statement of organization with the Directorate of Elections no later than fourteen days of designation.
(2) The statement of organization of a political committee shall include:
(i) the name, address, and type of committee,
(ii) the name, address, relationship and type of any connected organization or affiliated committee,
(iii) the name address, and position of the custodian of books and accounts of the committee, (iv) the name and address of the treasurer of the committee,
(v) if the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate, and
(vi) a listing of all banks, safety deposit boxes or other depositories used by the committee.
(3) Any change in information previously submitted in a statement of organization shall be reported forthwith.
Section I - Filing Requirements
(1) Reports. All political committees shall file pre-election, post-election and additional quarterly reports with the Directorate of Elections.
(2) Declaration of intent. Not later than fourteen days after an individual becomes a candidate for federal office, the candidate shall file a declaration with the Directorate stating the total amount of expenditures from personal funds the candidate intends to make.
(3) Initial notification. No later than twenty-four hours after a candidate described in clause (2) makes or obligates to make an aggregate amount of expenditure from personal funds, the candidate shall file a notification with the Directorate.
(4) Additional notification. After a candidate files an initial notification under clause (iii), the candidate shall file within twenty-four hours an additional notification each time additional expenditures from personal funds are made or obligated to be made to the candidate's election campaign.
(5) Amount of funds. The total amount of expenditures from personal funds that the candidate has made or obligated to make with respect to an election as of the date of the expenditure shall be included in the above notifications.
(6) Notification of disposal of excess contributions. In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, federal office, the candidate or the candidate’s authorized committee shall submit to the Directorate a report indicating the source and amount of any excess contributions and the manner in which the candidate or the candidate’s authorized committee spent the funds.
(7) The Directorate shall set the filing dates for reports to be filed by principal campaign committees of candidates seeking election, or nomination for election, in special elections and political committees making contributions to or expenditures on behalf of a candidate or candidates in special elections.
(8) The Directorate shall make a designation, statement, report or notification filed with the Directorate available for inspection by the public in the offices of the Directorate and accessible to the public on the internet upon receipt by the Directorate.
(9) (b) Additional information. To the extent feasible, the Directorate shall require that software developed for use in federal elections of the United States of Africa have the ability for any person to file any designation, statement or report in electronic form.
(b) Notwithstanding any provision of this article relating to times for filing reports, each candidate for federal office or the candidate’s authorized committee shall use software that meets the standards promulgated by the Directorate once such software is made available to such candidate.
(10) (a) The Directorate shall as soon as practicable post on the internet all information received pursuant to this provision,
(b) The Directorate shall ensure that, to the greatest extent practicable, information required to be disclosed is publicly available through the Directorate's website in a manner that is searchable, sortable and downloadable, and
(c) The Directorate's public database containing information disclosed under this provision is linked electronically to the website of the Board on Public Integrity.
Section J - Termination of Political Committees
(1) A political committee terminates by filing a written declaration with the Directorate of Elections that it will no longer receive any contributions or make any disbursement and that the committee has no outstanding debts or obligations.
(2) Nothing contained in this section may be construed to eliminate or limit the authority of the Directorate to establish procedures for (a) the determination of insolvency with respect to any political committee, (b) the orderly liquidation of an insolvent political committee and the orderly application of its assets for the reduction of outstanding debts, and (c) the termination of an insolvent political committee after such liquidation and application of assets.
Section K - Limits on Contributions
(1) A federal statute shall regulate the aggregate amount of financial contribution a citizen may make to a political candidate or committee.
(2) The maximum amount contributed to a political candidate or committee must be reasonable and proportionate with the contributor's income.
(3) No financial contributor shall make a donation to a political committee in behalf of a third party. Each contributor must donate from their own income. No person shall make a contribution in the name of another person or knowingly permit his or her name to be used to effect such a contribution and no person shall knowingly accept a contribution made by one person in behalf of another person.
4) It is unlawful for anyone (individuals, groups, corporations and all other organizations) to reimburse or offer to reimburse a person for a contribution to a candidate for public office or political committee. It is similarly unlawful for a person to accept reimbursement or an offer of reimbursement for a political donation.
(5) The above limitations on financial contributions to political candidates and committees do not apply to transfers between and among political committees which are national, state, district or local committees, including any subordinate committee thereof, of the same political organization.
Section L - Prohibited Contributions
(1) Corporations, labor unions and all other organizations, including any other groups, are banned from making financial contributions to political candidates and committees, but their employees or members are free to do so from their own incomes as individual citizens.
(2) It is unlawful for any corporation, labor union and all other organizations to make a financial contribution or expenditure in connection with any election to any political office or in connection with any primary election or political convention or other event held to select candidates for any political office.
(3) It is unlawful for:
(a) A foreign national, directly or indirectly, to make (i) a contribution or donation of money or anything else of value, or to make an express or implied promise to make a contribution or donation, in connection with a federal, state or local election, (ii) a contribution or donation to a committee of a political organization, or (iii) an expenditure, independent expenditure or disbursement for an electioneering communication.
(b) An African citizen, including a political candidate or committee, to solicit, accept or receive a contribution or donation as described in (a) above from a foreign national, organization or government, but African citizens in foreign countries are free to contribute financially to political candidates, committees and elections in the United Statres of Africa from their own incomes.
(4) An African citizen who has not attained the voting age of sixteen years to make a financial contribution or donate anything else of value to a candidate for public office or political committee.
(5) A candidate or political committee to knowingly accept any contribution or make any expenditure in violation of the provisions of this article. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate or knowingly make any expenditure on behalf of a candidate in violation of any limitation imposed on contributions and expenditures by this article.
Section M - Voting-Age Population
The Bureau of National Statistics shall certify, gazette and transmit to the Directorate of Elections a regular estimate of the voting-age population of the United States of Africa, of each state and of each congressional district as of the first day of July next preceding the date of certification. The term "voting-age population" means the resident population aged sixteen years and older.
Section N - Political Organizations
(1) Political organizations may participate in advancing the political will of the African people. Their internal organization must conform to democratic and constitutional principles. They shall publicly account for the sources and expenditure of their funds and all other assets.
(2) All political parties must be secular and non-ethnic. They shall each have a reasonable number of duly registered members in every state. The minimum membership each party shall have in each state will be set by a federal statute.
(3) Parties which by reason of their aims or the activities of their members seek to disrupt or destroy the constitutional order of the United States of Africa shall forfeit their right to participate in the democratic process and will be dissolved. The courts will decide on the the question of unconstitutionality.
Section O - Political Candidate Eligibility
(b) Candidates for public office shall:
(i) Have domiciled in Africa for at least ten consecutive years so as to be in possession of a thorough familiarity with problems bedeviling the ordinary African citizen,
(ii) Have no criminal record,
(iii) Declare all their assets to the Directorate of Elections together with documentation and explanations on how they acquired all their wealth, and
(vi) Declare to the Directorate of Elections any current or past relationship with foreign governments or organizations, including corporations.
Section P - Independents
Independent candidates may participate in public elections on the condition that they submit a signature-supported petition. At all levels of public officve, an independent must collect signatures from duly registered voters amounting to no less than ten percent of the electorate in the constituency for which the petitioner is seeking election. Details will be stipulated by a federal statute.
Section R - Public Funding for Disadvantaged Candidates
(1) Female and physically disabled candidates for public office shall receive federal and state election campaign expense assistance.
(2) The United States of Africa shall fund citizens with physical disabilities and women seeking federal office while the states will aid candidates from these disadvantaged groups seeking election to state and local office.
(3) The formula for public assistance to disadvantaged election candidates will be calculated based on the resources available to them from either their donors or political organizations. The federation and states will pay the balance.
Section Q - Election threats
(1) No person may personally or through an agent make use of, or threaten to make use of, force, violence or restraint in order to induce or compel any person to vote or refrain from voting in an election.
(2) No person may personally or through an agent, by abduction, duress or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise in an election.
(3) No person may personally or through an agent and by any act compel, induce or prevail upon an elector either to vote or refrain from voting in any election for or against a particular candidate or referendum.
Section R - False election promises
(1) (a) No candidate may make, publish or cause to be made or published a false representation for the purpose of influencing voting and winning an election.
(b) A political candidate who campaigns on a false representation and fails to deliver on that promise as an elected official is permanently banned from future elections and must return to the treasury of the United States of Africa a third of the income earned in that capacity.
(2) (a) No person may make, publish or cause to be made or published a false representation for or against a referendum for the purpose of affecting voting and the outcome of a referendum.
(b) A person who makes, publishes or causes to be made or published a false representation for or against a referendum and affects voting and the outcome of a referendum with a false representation is permanently banned from holding political office.
8. Federal Congress
Section A - Two Chambers
(1) The Federal Congress of Africa is the supreme lawmaking institution of the United States of Africa.
(2) The Federal Congress is a bicameral national legislature, of which the Chamber of the People and the Council of Elders respectively comprise the lower and upper floors.
Section B - Chamber of the People
(1) The Chamber, composition, term and election. The Chamber of the People shall be composed of members chosen every third year by the people of the congressional districts in each state. No representative shall be re-elected consecutively or non-consecutively for a fourth term. On day one, members of the Chamber shall be divided as equally as possible into three classes, the first of which must vacate their seats after twelve months while the second and third classes shall vacate their seats consecutively in the second and third year so that a third of the representatives shall be elected every year thereafter.
(2) (a) Remuneration. The members of the Chamber shall be financially compensated for their service paid out of the Central Bank of Africa. Each representative shall be paid a modest salary per month. In addition to their salary, representatives shall receive an amount equal to their actual expenses in travel by the most usual route once to and returning from each regular or special session of the Chamber. The representatives shall receive neither pay nor perquisites other than their salary and expenses. No law varying the compensation for the services of the senators and representatives shall take effect until an election of representatives shall have intervened.
(b) Ban on excessive pay. The requirement that the members of the Chamber be paid a modest salary applies to all other persons on the payroll of the United States of Africa.
(3) Qualifications. No person shall be a member of the Chamber who shall have not attained the voting age of sixteen years and been ten years a citizen of the United States of Africa or been ten years a citizen of an African state at the time of the adoption of the African Constitution. Candidates for the Chamber must be residents of the states in which they shall be chosen.
(4) (a) Proportional representation and direct taxes. Chamber seats shall be apportioned among the states of the federation according to their respective numbers, excluding aliens. As of the year 2017, the actual enumeration shall be made within three years after the meeting of the first Congress and subsequently every ten years in such a manner as they shall direct by law. The number of representatives shall consist of no more than six hundred members and no less than five hundred members. Roughly, the number of representatives shall not exceed one for every one million and five hundred thousand, but each state shall have at least one representative.
(b) Until such enumeration shall be made, the original apportionment of members of the Chamber will be as follows:
Nigeria shall have 80, Democratic Rep. Congo 32, South Africa 30, Ethiopia 40, Ivory Coast 13 , Egypt 43, Burkina Faso 8, Gabon 1, Togo 3, Benin 4, Ghana 14, Saharawi 1, Algeria 20, Tunisia 6, Libya 4, Mauritania 2, Senegal 7, Gambia 1, Cape V 1,Guinea Bissau 1, Guinea 5, Sierra Leone 3, Liberia 2, Mali 8, Niger 7, Cameroon 10, Chad 5, Sudan 19, CAR 3, Eq. Guinea 1, Sao Tome 1, Congo 2, Angola 8, Namibia 1, Botswana 1, Zambia 6, Zimbabwe 8, Lesotho 2, Swaziland 1, Mozambique 11, Madagascar 11, Seychelles 1, Comoros 1, Tanzania. 24, Malawi 8, Burundi 5, Rwanda 4, Uganda 16, Kenya 19, Somalia 7, Djibouti 1, Eritrea 2, Mauritius 1 and Morocco 23.
Section C - Council of Elders
(1) The Council of Elders is the upper house of the Federal Congress of Africa. The Council shall be nonpartisan and composed of one outstanding member of society from each state chosen by the people thereof for four years. The elders may be re-elected no more than once. All candidates for the Council shall have no affiliation with any political organization and no party endorsement. Each member of the Council shall have one vote.
(2) The elders shall receive a modest financial compensation paid out of the Central Bank of Africa. In addition to their monthly salary, each elder shall receive an amount equal to his or her actual expenses in travel by the most usual route once to and returning from each regular session of the Federal Congress. The chiefs shall receive no pay nor perquisites beyond their salary and expenses. All employees of the Federal Congress shall receive no compensation other than their salary and per diem.
(3) Immediately after they shall have assembled in consequence of the first election, the elders shall be divided as equally as may be into four classes. The seats of the of the first class shall be vacated at the expiration of the first year , of the second class at the expiration of the second year, of the third class at the expiration of the third year and of the fourth class at the expiration of the fourth year so one quarter of elders will be elected yearly.
(4) When a vacancy of representation occurs in the Council, the executive authority of the state shall issue a writ of election to fill the vacancy. The state legislatures shall empower the executives thereof to make temporary replacements until the people fill vacant Council seats by election.
(5) No person shall be elected to the Council who shall not have attained the age of sixty-five years and been ten years a citizen of the United States of Africa or been ten years a citizen of an African state at the time of the adoption of the African Constitution and who shall not, when elected, be an inhabitant of that state for which he or she is chosen.
(6) The head of the Council shall be a sitting member. The Council shall also choose their other officers, including a deputy, who will substitute in the absence of the head of the Council.
(7) The Council shall have the sole power to try all impeachments.When sitting for that purpose, the elders shall be on affirmation. When the president of the United States of Africa is tried, the chief justice of Africa shall preside. No person shall be convicted without the concurrence of two-thirds of the Council members present.
(8) Judgments in cases of impeachment shall include removal from office and disqualification from holding any office of honor, trust or gain under the United States of Africa, with the convicted party being liable and subject to indictment, trial, judgment and punishment according to law.
Section D - Congressional Elections
(1) The members of the Federal Congress of Africa shall be chosen in a general election. The first federal election day shall be the permanent election day of the United States of Africa.
(2) Vacancies. When vacancies arise in the representation of any state in either chamber of the Federal Congress of Africa, the executive authority of that state shall issue writs of election to fill the vacancies. The state legislatures shall empower the executives thereof to make temporary appointments to congressional vacancies until the people fill the vacant seats by election.
Section E - Congressional Procedure
(1) Inaugural pledge. The representatives, elders and all other officers both of the United States of Africa and the states shall publicly pledge to uphold the African Constitution, but neither oath-taking nor religious test or swearing shall be required as a qualification to public office in Africa.
(2) Public sessions. The proceedings of the Federal Congress of Africa are open to the African people. By a two-third majority vote, the public may be excluded from committee meetings involving national security secrets.
(3) The Federal Congress of Africa shall assemble on the second Monday after election day. The Congress and its committees may demand the presence of any person, including members of the federal administration. In addition to the permanent committees established by the African Constitution, the Congress may set up ad hoc committees of investigation that shall take requisite evidence at public hearings. Rules of criminal procedure shall apply mutatis mutandis to taking of evidence.
(4) Admission of members. The Federal Congress of Africa shall be the judge of their elections, returns and qualifications of their own members.
(5) Quorum. A majority of fifty percent plus one of the members present shall constitute a quorum to do business in the Federal Congress of Africa, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members in such a manner and under such penalties as the Congress may stipulate. The decisions of the Congress require a majority of the valid votes cast.
(6) Rules. The Federal Congress will establish the rules for its proceedings and may punish its members for disorderly conduct and, with the concurrence of two-thirds, expel a member.
(7) Journals. The Federal Congress of Africa shall keep a journal of its proceedings and, from time to time, publish the same with the exception of such parts as may in their judgment require secrecy. The yeas and nays of the members on any question shall be entered in the journal.
(8) Adjournment. The Federal Congress of Africa shall without a unanimous vote not adjourn for more than three days nor to any other place than that at which the Congress shall be sitting in accordance with Article 2 B (2).
(9) Privileges. The representatives and elders shall in all cases except treason , felony and a breach of the peace be privileged from arrest during their attendance at the session of the Congress and in going to and returning from the same. From any speech or debate in the Congress, they shall not be questioned in any other place.
(10) (a) The representatives and elders are prohibited from holding other public office.
(b) No sitting member of the Federal Congress shall be appointed to any other office under the authority of the United States of Africa.
(c) No person holding any office under the United States of Africa shall be a member of the Federal Congress or another branch of government during his or her continuance in office.
Section F - Legislative Process
(1) Revenue bills. All bills for raising revenue shall originate in the Chamber before they are reviewed by the the Council.
(2) How bills become laws. Every bill which shall have passed the Chamber shall go to the Council of Elders for consideration. Before it becomes law, a bill that passed both chambers of the Federal Congress shall be presented to the president of Africa. If the president approves, he or she shall sign it. Otherwise, the president shall return the unsigned bill with the objections to the Congress, which shall enter the objections at large on their journals and proceed to reconsider it. If, after reconsideration, three quarters of the Chamber and the Council repass the bill, it shall become law without a presidential signature. The votes of the Chamber and the Council shall be determined by yeas and nays and the names of the persons voting for and against a bill shall be entered in the congressional journal of each chamber. If any bill shall not be returned by the president within fourteen days after it shall have been presented to the Presidency, that bill shall become law in like manner as though the president had signed it unless congressional adjournment prevents its return and in which instance it shall not become law.
(3) Presidential assent or veto. Every order, resolution or vote to which the concurrence of the Federal Congress may be necessary, with the exception of a question of adjournment, shall be presented to the president of Africa. Before the same shall take effect, they shall be approved by the president. In the event a bill suffers a presidential veto but is reconsidered and repassed by three thirds of both chambers, it shall become a law without the president's signature.
Section G - Powers Granted the Congress
(1) To protect and defend the African Constitution and the democratic process.
(2) To coin money, regulate the value of the Afro and foreign exchange, fix the standard of weights and measures and compute time. The Central Bank of Africa shall issue currency in coins and notes.
(3) To impose and collect taxes, duties, imposts, and excises, to pay the debt and provide for the common defense and general welfare of the United States of Africa. All duties, imposts, and excises shall be uniform throughout Africa. No person shall be taxed at a higher rate than another. The rate of taxation on income shall not exceed twenty percent of a person's annual earnings. This provision shall not apply to taxation to suppress insurrections and defend the nation in wartime.
(4) To borrow money on the credit of the United States of Africa.
(5) To regulate commerce with foreign nations and between the states, the unity of the customs and commercial territory, trade and navigation agreements, the freedom of movement of goods and services and the exchange of goods and services and payment with foreign countries, including customs.
(6) To establish a uniform legislation on naturalization, passports, immigration and emigration and extradition and bankruptcy.
(7) To provide for federal law enforcement, punishment of crimes against the African people, combat corruption and punish counterfeiting the securities and currency of the United States of Africa and define and provide for bringing to justice piracies and felonies committed on the high seas.
(8) To establish postal and telecommunication services, federal roads and transcontinental highways and railways, and regulate aviation and shipping.
(9) To safeguard industrial property rights, copyrights and publication rights, advance science, medicine, technology and research and secure for limited times to authors and inventors the exclusive right to their works.
(10) To constitute tribunals subordinate to the Supreme Court of Africa.
(11) To provide for federal statistics and a national census of the United States of Africa.
(12) To combat activities on African soil promoting the use of force and other actions which may threaten the international interests of the United States of Africa. Activities tending and undertaken with the intent to disturb Africa's peaceful relations with foreign nations, including to prepare for a war of aggression, are banned. Weapons designed for warfare may be manufactured, transported or marketed only with congressional authorization. Details will be regulated by federal legislation.
(13) To appoint committees on international policy and national security, both of which shall also have the power of investigation.
(14) To authorize military action as the last resort for self defense in response to an imminent danger or an attack on the United States of Africa.
(15) To raise and support a military, including providing for and maintaining a navy and an air force and make rules for the the Presidency.
(16) To provide for the execution of the laws of the union, suppress insurrections and secessions and repel invasions.
(17) To exercise exclusive legislation in all cases whatsoever over the federal district that will be the seat of government for the United States of Africa.
(18) To exercise authority over all places purchased by the consent of the legislature of the state in which the same shall be for the erection of forts, magazines, arsenals, stockyards and other federal buildings.
(19) To make all laws which shall be necessary and proper for the execution of the foregoing powers and all other powers vested by the African Constitution in the government of the United States of Africa or in any department or officer thereof.
(20) To grant reprieves and pardons for offenses against the United States of Africa in extremely rare and unique circumstances, which shall not include cases of impeachment.
(21) To provide for economic growth and a war on corruption, tribalism and poverty.
(22) To regulate political campaign finance.
(23) To regulate federal territory and property. The Federal Chamber shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States of Africa. Nothing in the African Constitution shall be so construed as to prejudice any claims of any state.
(24) To correct historical injustices
(H) Powers Denied the Congress
(1) The privilege of the writ of habeas corpus shall not be suspended.
(2) No bill of attainder or ex post facto shall be passed.
(3) No tax or duty shall be laid on articles exported from any state.
(4) No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another.
(5) With the exception of general appropriation bills and bills for the codifications and general revision of laws, no bill shall be passed containing more than one subject which shall be clearly expressed in its title.
(6) Public spending. No money shall be drawn from the Central Bank of Africa but in consequence of appropriations made by law. Expenditures for any fiscal year shall not exceed the revenues and reserves of the United States of Africa, including the proceeds of any debt obligation, for that year. No debt obligation, except as shall be repaid within the fiscal year of issuance, shall be authorized for the current operation of any service or program of the United States of Africa, nor shall the proceeds of any debt obligation be expended for a purpose other than that for which it was authorized. In no year shall the rate of growth of appropriations from tax revenues of the United States of Africa exceed the estimated rate of growth of the economy of the United States of Africa as determined by law. No appropriation in excess of this limitation shall be made unless the Congress shall, by law containing no other subject matter, set forth the amount and the rate by which the limit will be exceeded. Any law requiring the expenditure of funds of the United States of Africa shall be null and void unless, during the session in which the act receives final passage, an appropriation is made for the estimated first year’s funding. No law of general application shall impose increased expenditure requirements on cities or states unless the Congress shall provide that the United States of Africa share in the cost. An accurate financial statement of the fiscal condition of the United States of Africa shall be published annually.
(7) National debts. The United States of Africa may contract debts to repel invasion, suppress insurrection and secession or to defend the nation in wartime, but the money arising from the contracting of such debts shall be applied solely for the purpose for which it was contracted.
(8) Titles of nobility. No title of nobility shall be granted by the United States of Africa and no person holding any public office in the United States of Africa shall accept any gift, emolument, office or any title whatsoever from any monarchy or foreign entity.
(9) No additional federal departments. The federal departments created by the African Constitution are the only permitted.
Section I - Congressional Committees
(1) Committee on Agriculture and Rural Development,
(2) Committee on Appropriations,
(3) Committee on National Security,
(4) Committee on Finance and Budget,
(5) Committee on Commerce, Labor and Entrepreneurship,
(6) Committee on Energy and Natural Resources,
(7) Committee on International Relations,
(8) Committee on Health and Nutrition,
(9) Committee on Education, Science and Research,
(10) Committee on the Interior,
(11) Committee on the Judiciary,
(12) Committee on Rules and Ethics, and
(13) Committee on Transportation.
Section J - Power of Initiative and Referendum
(1) The African people reserve for themselves the power to propose laws and amendments to the African Constitution and to enact or reject the same at the polls independent of the Federal Congress, which power shall be called the power of initiative. The power of initiative may be invoked by petition wherein the proposed measure shall be set forth at length. If the petition be for a law, it shall be signed by twenty percent of the registered voters of the United States of Africa. If the petition be for an amendment to the African Constitution, the petition shall be signed by twenty-five percent of such registered voters. In all cases, the registered voters signing such petition shall be so distributed as to include ten percent of the voters of each of three fourths of the states of the United States of Africa. When thus signed, the petition shall be filed with the Directorate of Elections of the states meeting the petition requirement. The Directorate shall submit the measure to the voters of the United States of Africa at the next general election. The same measure, either in the form or in essential substance, shall not be submitted to the people by initiative petition, affirmatively or negatively, more than once in four years. If conflicting measures submitted to the people at the same election be approved, the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions. The constitutional limitations as to the scope and subject matter of statutes enacted by the Federal Congress shall apply to those enacted by the initiative. Initiative measures shall contain only one subject. The Congress shall not amend, repeal, modify or impair a law enacted by the people by initiative contemporaneously with the adoption of this initiative measure or any time thereafter except upon a vote of at least two-thirds of both chambers of the Federal Congress.
(2) The power of referendum. The people reserve also for themselves the power to approve or reject at the polls any act, item, section or part of any act passed by the Federal Congress, which power shall be called the power of referendum. The power of referendum may be invoked by petition against any act or part of an act of the Congress except those making appropriations for the expense of the government or institutions existing at the time of the passage of such act. Petitions invoking the power of referendum shall be signed by not less than ten percent of the voters of the states of the United States of Africa, distributed as required for initiative petitions and filed with the Directorate of Elections within ninety days after the Federal Congress at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days. Each such petition shall set out the title of the act against which the referendum is invoked and, in addition thereto, when only a portion of the act designating such portion. No more than one act or portion of an act of the Federal Congress shall be the subject of each referendum petition. When the referendum is thus invoked, the Directorate of Elections shall refer the same to the voters for approval or rejection at the next general election. When the referendum is invoked as to any act or part of an act, other than emergency acts or those for the immediate preservation of the public peace, health or safety, by petition signed by not less than ten percent of the registered voters of the United States of Africa distributed as aforesaid, it shall suspend the taking effect of such act or part of act until the same has been approved by the voters of the United States of Africa.
(3) Signatures required for petitions. The number of votes cast for president at the general election preceding the filing of an initiative or referendum petition shall be the basis on which the number of signatures to such petition shall be computed. The veto power of the president shall not extend to measures initiated by or referred to the people. A measure initiated shall become a law or part of the Constitution, as the case may be, when a majority of the votes cast thereon, and not less than thirty five percent of the total vote cast at the election at which the same was submitted, are cast in favor thereof, and shall take effect upon proclamation by the president which shall be made within ten days after the official canvas of such votes. The votes upon initiative and referendum measures shall be returned and canvassed in the same manner prescribed for the canvass of votes for president. The method of submitting and adopting amendments to the African Constitution provided by this section shall be supplementary to the method prescribed in the article of this constitution, entitled,“Amending the constitution” and the latter shall in no case be construed to conflict herewith. The provisions with respect to the initiative and referendum shall be self-executing, but a law may be enacted to facilitate their operation. All provisions submitted in pursuance hereof shall be submitted in a non-partisan manner and without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization. Only the title or proper descriptive words of measures shall be printed on the ballot and when two or more measures have the same title they shall be numbered consecutively in order of filing with the Directorate of Elections and the number shall be followed by the name of the first petitioner on the corresponding petition.
9. Executive Presidency
Section A - President
(1) The Presidency of Africa is the executive authority of the United States of Africa, which Presidency is to be headed by a popularly elected president. The president of Africa shall hold office during the term of four years and may seek reelection once only. Article 2 (B) (2) applies to the location of the Presidency.
(2) Presidential nominations. Prior to a general election, there shall be a series of primary elections. The United States of Africa shall be divided into five regions: East, West, North, South and Equatorial (Central). Each region will hold its primary on a date announced by the Directorate of Elections, with the last primary taking place ninety days before the general election. The order for primaries will be rotated so the region going first in a given election year will hold its primary the last in the next election year. Both the winners of the most primaries and independents who obtain sufficient signatures in at least fifty percent of the states will be presidential candidates in the general election.
(3) The presidential election. Every four years, the African people shall directly vote for the candidates of their choice in a free and fair presidential election. As running mates, a presidential and vice presidential candidates, one of whom at least shall not be an inhabitant of the same state with themselves. The people shall indicate on their ballots the names they are voting for as president and vice president. In the presence of representatives of the candidates, the states shall accurately count the ballots cast and make distinct lists of all persons voted for as president and vice president and of the number of votes for each, which lists they shall sign, certify and announce. The states shall submit the certificates of the presidential election to the Directorate of Elections. The persons having the greatest number of votes for president and vice president shall be the president and vice president. If there be no winner, then from the persons having the highest numbers not exceeding two sets on the list of those voted for as president and vice president, the Congress of the United States of Africa shall merge into a unicameral Congress and choose immediately by secret ballot the president and vice president. In choosing the president, the votes shall be taken by the states, the representation from each state having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. If the Congress shall not choose a president within seven days whenever the right of choice shall devolve upon them, the state governors shall convene immediately and vote for a president. No governor or candidate in the failed presidential ballot shall be eligible to elected president by the governors.
(4) As set forth in Article 1 (E) and (F), the requirements for political organizations and independents apply to presidential elections. Independent presidential candidates must each have the required number of signatures from at least two thirds of the states.
(5) Qualifications. No person except a natural-born citizen of the United States of Africa shall be eligible to the Presidency of Africa. Neither shall any person be eligible to the Presidency who shall not have attained the age of thirty years and been ten years physically domiciled in the United States of Africa.
(6) Term limitation. No person shall be elected to the Presidency of Africa more than twice and no person who has occupied the Presidency or acted as president for more than three years of a term to which another person was elected as president shall be elected to the Presidency more than once.
(7) The end and beginning of presidential terms. The terms of the president and vice president shall end at noon on the seventh day after Election Day. The terms of senators and representatives at noon on the fifth day after Election Day. The terms of their successors shall then begin immediately the incumbents vacate their seats as scheduled.
Section B - Filling a Presidential Vacancy
(1) If a president dies before taking office. In which event, at the time fixed for the beginning of the term of the president, the president-elect dies or becomes incapacitated, the vice-president-elect shall become president. If a president shall not have been chosen before the time fixed for the beginning of his term or if the president and vice president elect shall have failed to qualify, the attorney general shall act as president until a president shall have been chosen or qualified. For the first federal election, where there will be no attorney general yet, the Congress shall choose the president if both the president and vice president elect cannot take office. The federal cabinet shall be composed of citizens eligible to step in and act as president. In the event the attorney general is unable to act as president due to illness or other reason, the federal cabinet shall meet and choose without debate one of them to act as president. Each cabinet official shall choose somebody other than himself or herself, write the nominee's name on a ballot and sign it. The person getting nominated the most shall be the acting president.
(2) All options to fill a presidential vacancy occasioned by demise having been exhausted, the Congress may by law provide for how and from whom the Chamber of Representatives may choose a president whenever the right of choice shall have devolved upon them and for whom they may choose a vice president whenever the right of choice shall have devolved upon them.
(3) A president's disability or removal. In case of the removal of the president from office or of his death or resignation, the vice president shall become president.
(4) A vice presidential vacancy. Whenever there is a vacancy in the office of the vice president, the president shall nominate a vice president who shall take office upon confirmation by a majority of both chambers of the Congress.
(5) Inability to discharge office. Whenever the president transmits to the heads of the Senate and the Chamber of Representatives his or her written declaration that he or she is unable to discharge the powers and duties of his or her office and until he transmits to them a written declaration to the contrary, the presidency shall be discharged by the vice president in an acting capacity.
(6) When the vice president and others notify of the president's disability. Whenever the vice-president and a majority of either the principal officers of the executive departments or of such other body as the Federal Congress may by law provide transmit to the heads of the Senate and the Chamber of Representatives their written declaration that the president is unable to discharge the powers and duties of the office, the vice president shall immediately assume the powers and duties as acting president. Thereafter, when the president transmits to the heads of the Senate and the Chamber of Representatives his or her written declaration that no inability exists, he or she shall resume the powers and duties of the presidency unless the vice president and a majority of the principal officers of the executive department or of such other body as the Congress may by law provide transmit as soon as possible to the heads of the Senate and the Chamber of Representatives their written declaration that the president is unable to discharge the powers and duties of his office. Thereupon, the Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration or if the Congress is not in session within twenty one days after the Congress is required to assemble, determines by two-thirds of both chambers that the president is unable to discharge the powers and duties of his or her office, the vice president shall continue to discharge the same as acting president; otherwise, the president shall resume the powers and duties of his office.
(7) Impeachment. The president, vice-president, judges and all other officers of the United States of Africa shall be removed from office on impeachment and conviction for treason, corruption or other criminal breaches of the African Constitution and statutory law.
Section C - Inauguration and Salary
(1) The inauguration of the president. Before the president of Africa enters upon the execution of the African Constitution, he or she shall publicly make the following inaugural pledge: “I, (name), pledge to faithfully execute the office of the president of the United States of Africa and preserve, protect and defend the African Constitution.”
(2) The president's salary. The president of Africa shall at stated times receive for his or her public service a compensation, which shall neither be increased nor diminished during the period for which he or shall have been elected. The president shall not receive within that period any other emolument from the United States of Africa or any of them. Article I (3) (b) applies to the president and all other members of the federal cabinet.
Section D - Federal Departments
(1) (a) The chief executive. The Presidency of Africa shall consist of the immediate staff of the president of the United States of Africa as well as multiple levels of support staff reporting to the president. The presidential staff will include an array of policy experts in various fields, including national security, international policy, law enforcement, science and technology, trade, finance, budget, agriculture and environmental quality.
(b) The Federal House shall be the official residence and workplace of the president of Africa. The president of Africa is responsible for accountable supervision of the cabinet secretaries and making the right decisions in the national interest.
(c) The members of the federal cabinet will report directly to the president of Africa as the appointing authority. The president may require in writing the advice of the principal officer in each of the federal departments upon any subject relating to the duties of their respective offices. Cabinet secretaries shall have expertise relevant to their respective departments and unquestionable integrity.
(2) The economy. The Department of the Economy, headed by an economy secretary, is charged with managing federal finances, collection of taxes, duties and monies due to the United States of Africa, payment of all bills of the federation, currency and coinage, management of federal accounts and the public debt, supervision of national banks and thrift institutions, advising on domestic and international financial, monetary, economic, trade and tax policy, administering federal finance and tax laws and investigating and prosecuting tax evaders, counterfeiters and forgers. Its key organs will be the Central Bank of Africa, the Federal Revenue Authority, the Division of Commerce and the Bureau of National Statistics.
(b) Monetary policy. The Central Bank of Africa, whose primary responsibility is the formulation of monetary policy, will also make the major decisions affecting the cost and availability of money and credit in the economy in addition to exercising regulatory and supervisory control over banks and other financial institutions and issuance of currency.
(c) Taxation. The Federal Revenue Authority will be the taxation arm of the United States of Africa and shall enforce tax law. The Division of Commerce shall promote economic growth, job creation and sustainable development. The division's responsibilities include trade expansion, economic and business advancement, entrepreneurship, adoption and application of cutting-edge science and technology to foster innovation, statistical research and analysis and making African corporations competitive in the global economy.
(d) National census and statistics. The Bureau of National Statistics shall collect relevant data about the people and economy of the United States of Africa, including population, housing, business activities, international trade, local, state and federal government agencies, education and transportation services. Only general statistical information is to be collected and it is unlawful to release any specific information about individuals.
(3) National security. The Department of National Security, headed by a national security secretary, is charged with protecting and defending the African people against external threats, being responsible for intelligence gathering, military capability and preparedness and ensuring Africa is always safe from any and all foreign dangers.
(4) Justice. The Department of Justice, headed by an attorney general, is the central investigative and prosecuting authority of the United States of Africa. It is charged with investigating and prosecuting all crimes of a federal nature committed against the African people, being responsible for combating corruption, violence, tribalism and, inter alia, electoral fraud. Its key organs will include the Division of Economic Crimes, which will investigate and prosecute corruption and pursue and recover stolen African assets, and the Agency for Equal Opportunity, which will enforce civil rights and investigate and prosecute illegal discrimination based on ethnicity, religion and, among others, ideology in employment, housing and other services.
(5) Federal enforcement. The Department of the Interior, headed by the interior secretary, is the enforcement arm of the United States of Africa. It is responsible for protecting the African people from domestic crimes, enforcing federal court and executive orders, federal service of process and, inter alia, processing citizen travel documents and visitor permits. It will administer the federal prisons, border patrol, immigration and, inter alia, issuance of passports to African citizens. Its key organ is the the federal police.
(6) International policy. The Department of International Relations, headed by an international secretary, is charged with administering Africa's international policy and advancing African interests in foreign countries, including marketing Africa abroad, attracting investors and tourists and assisting overseas-based African citizens and businesses.
(7) Natural resources and the environment. The Department of Natural Resources, headed by a natural resources secretary, is charged with natural resource management and environmental protection, being responsible for the development and prudent use of minerals, researching and promoting reliance on solar and wind power and all other alternative, renewable and clean sources of energy, soil conservation, air and water quality and, inter alia, wildlife protection and preservation.
(8) Agriculture and food. The Department of Agriculture, headed by an agriculture secretary, is charged with guaranteeing food security for the African people, being responsible for eradication of hunger and starvation from the African continent. It shall provide leadership on food, agriculture, natural resources, soil conservation and other environmental protection, rural development and agribusiness based on sound public policy, research, the best available science and efficient management. The department will enhance agricultural trade, improve farm production and the quality of life in rural Africa, protect the food supply, improve nutrition and protect and enhance Africa’s natural resource base and environment.
(9) Human health. The Department of National Health, headed by an health secretary, is charged with disease prevention and control, being responsible for ensuring all African citizens have quality and affordable healthcare.
(10) Transportation. The Department of Transportation, headed by the transportation secretary, is charged with aviation, roads, railways, waterways.
Section E - Military Command
Commander in chief. The president of Africa shall be the commander in chief of the armed forces of the United States of Africa. The defense forces of the states will be reorganized, retrained, reassigned and unified into a federal military.
Section F - Other Presidential Responsibilities
(1) Treaties and appointments. By and with the advice of the Senate, the president shall have power to make treaties provided two thirds of the senators present concur. He or she shall nominate and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls and all other senior executive officers of the United States of Africa whose appointment is not vested in the Federal Service Commission. When the appointment of a public officer shall not have been refused by the Senate within 90 days after the president shall have nominated that officer, the nominee shall take office in like manner as if the Senate had consented to it.
(2) Filling federal vacancies. The president shall have power to fill up all vacancies in federal positions which the president is the designated appointing authority that may happen during the recess of the Senate by granting commissions which shall expire at the end of their next session.
(3) The state of the federation. The president of Africa shall from time to time give to the Congress information on the state of the federation and recommend to their consideration such measures as he or she shall judge necessary and expedient. On extraordinary occasions, the president shall convene both chambers or either of them.
(4) Foreign relations. The president shall receive ambassadors and other public ministers accredited to the United States of Africa by foreign nations.
(5) The president shall take care that the African Constitution and the federal statutes be faithfully executed. He or she shall commission all the officers of the United States of Africa.
10. Supreme Court
Section A - Federal Courts and Judges
(1) The judicial power of the United States of Africa is vested in the Supreme Court of Africa and in federal district and appellate courts. Article 2 (B) (2) applies to the location of the Supreme Court.
(2) Federal judges shall hold office during good behavior for the specified tenure for the Supreme Court or till retirement for the lower courts as the Congress will stipulate. Each judge will at stated times receive a remuneration that shall not be diminished during their tenure.
(3) The judges must be above reproach and impartial and are prohibited from accepting gifts or engaging in activities that would compromise their rulings. Each judge is required to promptly declare any conflict of interest which may arise in a matter before him or her and recuse himself or herself from the case.
(4) Candidates for federal judgeships are recommended for nomination to the Presidency by the Board on Public Integrity and confirmed by the Council of Chiefs. They must have no affiliation with a political organization and are required to maintain absolute nonpartisanship during their entire tenure on the federal bench.
Section B - Jurisdiction
The judicial power of the United States of Africa shall extend:
(1) To all cases in law and equity arising under the African Constitution, the statutes of the United States of Africa and treaties made or which shall be made under their authority,
(2) To all cases affecting ambassadors, other public ministers and consuls, to all cases of admiralty and maritime jurisdiction,
(3) To controversies to which the United States of Africa shall be a party, and
(4) To controversies:
(a) Between two or more states,
(c) Between a state and citizens of another state,
(d) Between citizens of different states,
(e) Between citizens of the same state claiming land under grant of different states, and
(f) Between a state or the citizens thereof and foreign states, citizens or subjects.
Section C - Supreme Court
(1) The Supreme Court of Africa is the highest judicial institution of the United States of Africa.
(2) The Supreme Court is an eleven-judge bench, with one of them serving as the chief justice of Africa. Each judge of the Court shall have one vote and will sit for a period not exceeding eight years.
(3) (a) Jurisdiction. In all cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party, the Supreme Court shall have original jurisdiction.
(b) In all other cases, the Supreme Court shall have appellate jurisdiction both in law and fact with such exceptions and under such regulations as the Congress shall make.
(c) At its discretion and within guidelines to be established by the Federal Congress of Africa, the Supreme Court each year hears a select number of cases it is asked to decide that the judges deem to have constitutional and national importance. Those cases may begin in the federal or state courts and usually involve important questions on the African Constitution or federal statutes.
Section D - District Courts
(1) The district courts of the United States of Africa are the trial courts of the federal judicial system.
(2) Within limits set by the African Constitution and the Federal Congress of Africa, the federal district courts have jurisdiction to hear nearly all categories of federal cases on both civil and criminal matters. There is at least one federal district court in each state and the District of Lumumba. Each judicial district includes a federal bankruptcy court as a unit of the district court.
(3) There are two special trial courts that have nationwide jurisdiction over certain types of cases:
(a) The Court of Overseas Trade addresses hears and decides cases involving international trade and customs, and
(b) The Court of Federal Claims has jurisdiction over most claims for monetary damages against the United States of Africa, disputes over federal contracts, unlawful taking of private property by the federal government and a variety of other claims against the United States of Africa.
Section E - Appellate Courts
(1) The judicial districts are organized into regional circuits, each of which has a federal court of appeals. A court of appeals hears appeals from the federal district courts located within its circuit as well as appeals from decisions of federal administrative agencies.
(2) In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction over appeals in such specialized cases as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.
Section F - Rules for Trials
With the exception of impeachments, criminal trials shall be by jury and such trials shall be held in the state where the said crimes shall have been committed. When a crime was not committed within any state, the trial shall be at such place or places as the Federal Congress may by law have directed.
Section G - Treason
(1) Treason against the United States of Africa shall comprise levying war against them, adhering to enemies of Africa and giving them assistance and other support and conspiring and working to remove the government of Africa through extra-constitutional means. No person shall be convicted of treason unless on the testimony of two witnesses to the act or on free confession in open court.
(2) Punishment for treason. The Federal Congress of Africa has power to declare the punishment for treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attained.
Section C - Special High Court
(1) The Federal Congress of Africa may from time to time provide for a special high court to try any case before the Supreme Court of Africa in which a majority of the justices are so situated as to render it improper for them to hear the case and impossible to dispose of it appropriately.
(2) A special high court shall be composed of circuit court judges numerically equivalent to the number of justices who cannot hear a case before the Supreme Court.
(3) A decision of a special high court has the same force of law as a judgment of the Supreme Court.
11. Independent Agencies
Section A - Autonomy
Independent agencies of the United States of Africa exist outside of the federal executive departments. Their day to day activities are independent of presidential and congressional control. Each respective constitutional grant of authority defines the goals every independent agency must work towards as well as what substantive areas over which it may have the power of rule-making. Agency rules (regulations), while in force, have the power of federal law.
(2) Like the Presidency, the federal Congress is barred from the regular removal of commissioners. The Congress can only participate in impeachment proceedings against commissioners of independent agencies. The Congress can, however, pass statutes stipulating the circumstances under which the Board on Public Integrity can remove commissioners of independent agencies. Members of the Congress cannot serve as commissioners on independent agencies. With the exception of the Council of Chiefs appointing the Board on Public Integrity, the Congress' only part in the appointment of the commissioners to all the other independent agencies is through confirmation hearings for commissioners before the Council.
Section B - Agencies
(a) The Board on Public Integrity, whose members are appointed by the Council of Chiefs to a four year term that may be renewed once, shall govern all independent federal agencies. The Board shall remove commissioners for incapacity, neglect of duty, malfeasance or other good cause. The commissioners and all other employees of independent agencies must have no affiliation with, or membership in, political organizations.
(b) The Federal Service is the civil service commission of the United States of Africa.
(c) The Directorate of Elections administers federal elections in accordance with Article 4 of the African Constitution.
(d) The Communications Commission of Africa is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. It licenses radio and television broadcast stations, assigns radio frequencies and enforces regulations designed to ensure that cable rates are reasonable. This agency regulates common carriers, such as postal, telephone and telegraph companies as well as wireless telecommunications service providers.
(e) The Commission on Trade enforces antitrust and consumer protection laws by investigating complaints against corporations initiated by consumers, organizations and congressional inquiries and based also on news reports or information from other reliable sources. The commission seeks to ensure that Africa's markets function competitively by eliminating unfair or deceptive practices, provides expertise to both the legislative and executive branches of government, determines the impact of imports on African industry and directs actions against unfair and abusive and fraudulent trade practices, including patent trademark and copyright infringement. This agency as well regulates commodity futures, option markets and interstate commerce.
(f) The Commission on Labor and Retirement administers African labor law and has oversight on pension programs. It is vested with power to prevent or remedy unfair labor practices and to safeguard the right of employees to organize and determine through elections whether to have a union as their bargaining representative. The agency ensures that federal employees have an opportunity to save in a tax-deferred plan for additional retirement security.
(g) The Commission on Transportation is charged with ensuring a safe, competitive, efficient and economic transportation system. The commission investigates all aviation accidents in the United States of Africa and major road, rail and other traffic accidents. This agency regulates Africa's international ocean transportation and oversees merchant shipbuilding to design and build modern cargo ships.
(h) The Commission on Finance and Securities is responsible for enforcing fair lending practices and protecting the African people from financial scams and other fraudulent activities by financial institutions. The commission protects investors who buy stocks and bonds. Companies planning on raising money by selling their own securities must file reports regarding their operations with this federal regulator so investors have access to all material information. The agency is empowered to prevent or punish fraud in the sale of securities and regulate stock exchanges.
(i) The Commission on Energy is Africa's federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing and oil pipeline rates. It reviews and authorizes liquefied natural gas terminals, interstate natural gas pipelines and non-federal hydropower and other renewable energy projects.
(j) The Commission on Consumer Safety is charged with ensuring that the products the African people buy are safe. This agency is mandated to impose financial penalties on violators or revoke their licences in extremely serious occurrences or repeated violations and may file criminal charges.
(4) The Federal Congress of Africa may create an agency within a federal department on the condition that any new agency shall be for a function a department is unable to perform as currently constituted, that a new agency will not duplicate a function already being performed or which could be performed by another department or agency and that a new agency shall cease to exist upon the completion of the function it was established for.
(5) (a) Federal civil service appointments. With the exception of cabinet secretaries, who will be nominated unilaterally by the president, the Board on Public Integrity is in charge of advertising all senior positions in the federal civil service and all commissioner vacancies in all the independent agencies. The Board shall recommend for nomination by vote the three applicants it deems most eligible for each vacancy and submit their names to the Presidency. The president shall nominate one of them and forward the nominee's name to the Council of Chiefs for vetting. If, during the nomination or confirmation process, information emerges preventing an applicant or a nominee from being nominated or confirmed, the other two recommended applicants shall be considered in the same order. In the event all three applicants fail to be nominated or confirmed, the Board shall reconsider the applications it had turned down and recommend therefrom three new applicants to the Presidency.
(b) All middle and junior level positions in the federal service shall be recruited through the Federal Service. Each federal department shall advertise all its vacancies through the Federal Service, which shall recommend to the relevant department a list of the names of the most eligible applicants.
(6) The appointment of judges. All federal judges, including the chief justice, shall be appointed in accordance with provision 5 (a) above, beginning with the recommendation by the Board on Public Integrity of three applicants to the Presidency to nominate one of them and ending with confirmation by the Council of Elders.
12. Devolved Functions
States, Counties and Municipalities
Section A - Statehood
(1) Governmental functions neither exclusively assigned the United States of Africa nor explicitly denied the states will exclusively or concurrently devolve on the states. The states are guaranteed self-government within the limits of the power granted them by the African Constitution and federal statutes. In each state, the African people must be represented by an accountable body chosen in universal, direct, free, equal and secret elections.
(2) Federal protection for the states. Republican government and protection against invasion are guaranteed. The United States of Africa shall assure every state in the federation a republican form of government and shall protect the states against invasion and, on application of a state legislature or executive (when a state legislature cannot be convened), against domestic violence.
(3) Admission of new states. New states shall be admitted into the United States of Africa upon ratifying the African Constitution, but no state shall be formed or erected within the jurisdiction of any state nor any state be formed by the junction of two or more states or parts of states without the consent of the legislatures of the states concerned as well as of the Congress.
Section B - State Law
(1) The constitutional order in the states must conform with the principles of representative democracy and the rule of law as stipulated by the African Constitution. State law enacted after the African Constitution comes into force must be compatible with the federal constitution.
(2) Pending the redrafting of the state constitutions in conformity with the newly enacted supreme law of Africa, state law valid during the entry into force of the African Constitution shall continue to be enforceable in so far as it is compatible with the federal constitution. State law compatible with the African Constitution and which regulates matters not federally regulated shall remain valid as state law.
(3) Where current state law remaining in force regulates matters within exclusive federal legislative power, it shall be amended to cede jurisdiction to the United States of Africa. Where state law regulates matters within concurrent jurisdiction, it shall be harmonized with the provisions of the African Constitution.
(4) Just decisions handed down by the state courts before the entry into force of the African Constitution shall retain their validity and will be executed in conformity with the federal constitution. The African Constitution shall be the yardstick for checking the compatibility of state judicial judgments and their execution under the principles of the rule of law.
(5) Persons unjustly sentenced by state criminal courts before the entry into force of the African Constitution are granted a right to seek the quashing of their convictions under this federal constitution. The states shall create without delay a legal mechanism for the rehabilitation of all victims of state court decisions contrary to constitutional principles and the rule of law. Rehabilitation of victims of iniquitous state court judgments shall include appropriate and timely compensation.
(6) Administrative acts of the states performed before the entry into force of the African Constitution shall remain valid if and to which extent they are compatible with this federal constitution. They will be revoked in the event they are found to be incompatible with the principles of the rule of law under the African Constitution.
(7) Acts, records and court proceedings. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. The Congress may by law prescribe the manner in which such acts, records and proceedings shall be proven and the effects thereof.
(8) Extradition. A person charged in any state with treason, felony or other crime and who flees to another state to escape justice shall on the demand of the state which has jurisdiction over the fugitive be returned to the state where he or she is wanted.
Section C - Citizenship
All citizens of the United States of Africa shall be entitled to the privileges and immunities of African citizenship in all the states.
Section D - Review of the Colonial Borders
(1) The colonial borders may be reviewed with due regard accorded to regional, historical and cultural ties, economic expediency and the requirements of regional policy and planning. In consultation with the affected states, measures for new state lines may be effected by federal legislation requiring confirmation by referendum.
(2) A referendum shall be held in the states whose borders are to be reviewed. A referendum shall be held on the question whether the affected states are to remain within their existing boundaries or whether their borders are to redefined. The referendum shall be deemed to be in favor of redefined boundaries where approval is given to the change by a majority in all the affected states. A rejection shall occur where a majority of two-thirds of the affected states vote against a proposed border change.
(3) Where in a clearly definable area of interconnected population and economic settlement, the parts of which lie in several states and which has a population of at least one million, one tenth of which population are entitled under the African Constitution to vote, petition by popular initiative for the assignment of that area to one state, provision shall be made within two years in a federal statute determining whether the delimitation of the affected states shall be changed pursuant to paragraph 2 of this article.
(4) A majority in a referendum shall consist of a majority of the votes cast. Detailed provisions concerning referenda, popular petitions and plebiscites shall be made in a federal statute providing that referenda, plebscites and popular petitions may not be repeated within a period of ten years.
(5) Other changes concerning state lines may be effected by popularly approved agreements between the states concerned on the condition that the affected communes and districts be consulted and be allowed to vote on such proposals.
(6) Aviation shall be administered by the United States of Africa. By federal legislation, aviation functions may be assigned to the states as agents of the federation.
Section E - Powers Denied the States
(1) No state shall enter into any treaty, alliance or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts or grant any title of nobility.
(2) No state shall without the consent of the Congress of Africa lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection law; and the net produce of all duties and impost, laid by any state on imports or exports, shall be for the use of the treasury of the United States of Africa andall such laws shall be subject to the revision and control of the Continental Congress.
(3) No state shall without the consent of the Congress lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power or engage in war unless actually invaded or in such imminent danger as will not admit of delay.
(4) The United States of Africa shall own and administer the federal waterways through its own authorities. It will exercise the public functions relating to inland shipping which extend beyond the territory of one state and those relating to maritime shipping which are conferred on it by law. Upon request, Africa may transfer the administration of federal waterways insofar as they lie within the territory of one state to that state as an agent of the federation. If a waterway touches the territories of multiple states, the federation may designate as its agent one state with the consent of all the states concerned.
(5) In the administration, development and additional construction of waterways, the soil, water supply and other environmental requirements shall be safeguarded.
(6) The states or such self-governing corporate bodies as are competent under state law may administer as agents of the federation interstate roads and transcontinental highways. On the request of a state, the federation may take under direct federal administration interstate roads and transcontinental highways insofar as they lie within the territory of the requesting state.
(7) (a) Federal emergencies. In order to avert an imminent danger to people and property, a state may request federal assistance. The federation may mobilize the facilities and services of other states in response to a federal emergency.
(b) If a state in which danger is imminent is unwilling or unable to avert the danger, the United States of Africa will place the public security resources of that state and other states under federal authority in addition to using federal security resources. The order for this action shall be rescinded when the danger is past or at any time on the demand of the Federal Congress. Where danger extends beyond interstate lines, the federation may insofar as is necessary for effectively combating such danger issue instructions to the state governments; the first and second sentences of this paragraph shall remain unaffected by this provision.
Section F - Concurrent Powers
Concurrent legislative power between the United States of Africa and the states shall extend to the following areas of public policy:
(1) Civil and criminal law and execution of sentences, the system of judicature, the procedure of the courts, the legal profession, notaries and legal advice,
(2) Registration of births, deaths and marriages,
(3) Regulation of weapons and explosives,
(4) Protection of African cultural treasures against removal abroad, including recovery of stolen African cultural assets,
(5) Residency and establishment of aliens and regulation of refugees and expellees,
(6) Eradication of poverty, and
(7) Citizenship in the states.
Section G - Counties
(1) The states shall be divided into counties, which will be administrative units. The counties will be divided into townships, boroughs, towns, settlements and villages.
(2) County government shall be divided into legislative, executive and judicial departments. Elected county officials include a county administrator, county principal judge, county collector, county assessor, county clerk, sheriff, county coroner, county surveyor and county treasurer.
(3) All lawmaking power of the counties is vested in a legislative body elected for a term of two years. The executive department shall be headed by the county administrator. The county judiciary shall be run by the principal judge. The administrator and principal judge also will be elected for a two-year term.
(4) The county administrator is the chief executive officer of the county and presides over the county executive department. The county administrator does not have a vote, but does have veto power.
(5) Each county shall be part of a state judicial district. Elected positions in the county judicial department include two circuit court judges (one civil judge, one criminal judge), two chancery court judges, one circuit clerk, one chancery clerk and a prosecuting attorney.
(6) County functions shall be those the states will vest in the counties as administrative units of the states, which services will include the administration of justice through county courts, law enforcement through the sheriff department, real and personal property tax administration and the keeping of court and public records.
(7) Other responsibilities of the counties include agricultural development, community and rural development, county planning, parks, libraries, museums, civic centers, public camping grounds, emergency response, fire protection, pollution control, public health, solid waste and recycling services, transportation, water, sewer and other utility services.
Section H - Municipalities
(1) Functions of a localized nature not performed by the states and counties shall devolve on municipalities. These will be the smallest administrative subdivisions of public authority.
(2) Municipalities are municipal corporations and have the capacity, rights, powers and privileges of a legal person. They will include cities, towns, city boroughs, settlements and villages.
(3) Town and city municipalities will each be headed by an elected mayor and council.
(4) The functions of municipalities are to:
(a) Provide services and facilities necessary and desirable for all or a part of the municipality,
(b) Develop and maintain a safe and viable community,
(c) Foster economic, social and environmental well-being, and
(e) Provide accountable stewardship and use of public assets.
(4) The municipalities will administer their functions by making bylaws and adopting resolutions.
(5) Details will be governed by state legislation.
13. General Provisions
Section A - National Security
(1) (a) If a nation or a people proclaims war on the United States of Africa, the African people shall attempt to negotiate a peaceful resolution with that nation or those people.
(b) Africa will take military action against that country or those people when it is impossible to enter into negotiation with them or in the event they do not take an offer of peace.
(2) Military power shall be subordinate to civilian authority. No soldier shall in peace time be quartered in any house without the consent of the owner, nor in wartime except in a manner to be prescribed by law.
(3) There shall be no foreign military bases on African soil and territorial waters.
(4) Armed and violent organization which endanger the security of the African people are proscribed.
Section B - Preservation of Evidence
(1) Destruction of evidence is a crime punishable by at least two years in prison.
(2) All persons and organizations associated in any way with a matter which is or could be the subject of a probe, or who have reason to believe the information in their possession is linked to a matter which is, or could be, the subject of an investigation, must preserve all the materials, including documents and all other forms of information, in their possession till after the matter is formally resolved or closed.
Section C - Duty to Report Crime
(1) A witness who fails to report to the police a crime, or a matter he or she believes is a potential crime, shall serve a minimum of three months in jail.
(2) Giving fabricated evidence, or false information, to a public authority is a crime punishable by a minimum of six months in jail.
Section D - Cost of Incarceration
A person convicted and incarcerated for a crime shall reimburse all taxpayer money spent on their incarceration after completing their incarceration. All ex-convicts shall start reimbursing the cost of their incarceration six months upon release from prison or jail. For this purpose, their assets, including bank accounts, income and real estate, will be subject to confiscation.
Section E - Immigration
(1) (a) All foreign nationals seeking to visit the United States of Africa must obtain a visitor permit from the African embassy in their home country.
(b) If granted, the visitor permit will identify the visitor and document the purpose of visiting Africa, the place(s) to be visited and the duration of the visit.
(c) Foreign nationals with a criminal record or infectious diseases shall not be issued with a visitor permit to the United States of Africa.
(d) Overstaying a visitor permit is unlawful. Violators will be subject to financial sanctions, prosecution and deportation.
(2) All foreign nationals illegally in the United States of Africa at the entry into force of the African Constitution must leave forthwith. Line 2 of (1) (d) of this section applies.
(2) (a) A person who hires or provides rented or free accommodation to an illegal alien shall serve a mandatory three months in jail and pay a fine calculated by the number of days the illegal alien was employed or accommodated.
(b) Failure to report the presence of an illegal alien to the police or the Department of the Interior is unlawful, which violation is punishable with a financial penalty and a month in jail. Details will be regulated by a federal statute.
(3) Employers are prohibited from hiring foreign nationals to jobs African citizens can do. Violators are subject to prosecution and financial sanctions.
Section F - Public Service
(1) With the exception of the members of the federal cabinet and their staffs, all appointments to key federal positions shall originate with the Board on Public Integrity. The service shall widely advertise all senior federal jobs, shortlist and interview eligible applicants and recommend the most outstanding nominees to the Congress for further processing.
(2) All federal judges shall be nominated by the Board on Public Integrity and vetted by the Council of Chiefs, before which witnesses, including the Presidency, will appear and present testimony for or against any nominee.
(3) All presidential nominees to the federal cabinet shall be vetted by the Chamber. All nonjudicial nominees by the Board on Public Integrity to key federal positions shall be vetted by the Chamber, before which witnesses, including the Presidency, may appear to testify for against an nominee. Federal civil servants shall be proportionately drawn from all the states.
(4) Both elected and appointed persons in the service of the United States of Africa must declare their wealth and disclose its sources to the Department of the Economy before assuming office. This declaration of assets shall be continued in all subsequent annual tax reports for as long as one is a public employee. Nobody on the federal payroll shall own and operate a foreign bank account.
Section G - Federal Debts
(1) All debts contracted and engagements entered into before the coming into force of the African Constitution shall be as valid against the United States of Africa under this constitution as prior to its adoption.
(2) The validity of the public debt of the United States of Africa, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States of Africa nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States of Africa, but all such debts, obligations and claims shall be held illegal and void.
Section H - Natural Resources
(1) Water, minerals, oil and all other natural resources on or contained in the land and territorial waters of the United States of Africa shall never be alienated, but provisions will be made for their development.
(2) Socially and environmentally responsible corporations will receive tax credits of up to a third of the amount of their spending on social and environmental programs. Details will be regulated by a federal statute.
Section I - Civic Duty
(1) All African citizens aged sixteen years and above have a civic duty and constitutional obligation to participate in the democratic process.
(2) (a) Every African who is eligible to vote is required to vote. If a voter does not find an acceptable candidate on the ballot, that voter has the option to vote as abstaining.
(b) Voting starts 28 days to the election day in federal elections. In addition to giving all voters ample opportunity to cast their ballots, early voting and absentee voting will enable voters not available on election day to cast their ballots in advance.
(4) A financial penalty shall be imposed on voters who do not vote.
(5) A federal statute shall regulate the details.
Section J - Honoring Heroes
(1) All public places, including national heritage sites, roads, airports, buildings, schools, hospitals, lakes, rivers and wildlife reserves, shall bear African names.
(2) Public places shall be named in honor of Africans who have made an outstanding contribution to society and have upheld ethical standards of the highest order, with no taint of tyranny, corruption and tribalism.
(3) Taxpayer money shall not be spent on the construction of a monument to any person.
Section K - Presumption of Innocence
(1) All persons suspected of breaking the law shall be presumed to be innocent till proven as accused in court.
(2) (a) Lynching, or mob justice, is banned. All suspects must be handed over to the police unharmed.
(b) Criminal prosecution and Section L of this article apply to violators of the foregoing paragraphs (1) and (2).
Section L - Financial Responsibility for Violence
(1) In addition to serving a prison term, a person convicted of criminal violence shall pay or reimburse the medical costs of injury to the victim.
(2) Convicted violent criminals shall also compensate their victims for economic losses resulting from injury and property damage.
(3) Asset seizure and income garnishment apply to paragraphs 1 and 2 of this section.
Section M - Death Penalty
A compulsory death penalty applies to murder, theft of public resources, genocide, crimes against humanity and violent robbery. Other horrible crimes may be punishable by death pursuant to legislation enacted by the Federal Congress of Africa.
Section N - Reserved Rights
The enumeration in the African Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Powers neither delegated to the United States of Africa by this constitution nor prohibited by it are reserved to the states respectively or to the African people.
14. Amending the Constitution
(1) The African Constitution shall not be amended for light, narrow, partisan and transient causes. A constitutional amendment is allowed only where a compelling national interest of timeless importance is at stake after all options have been exhausted.
(2) Whenever (i) three fourths of both chambers of the Federal Congress of Africa deem it necessary, (ii) the African people, by the power of initiative, propose an amendment to the African Constitution, or (iii) on the application of nine tenths of the state legislatures, the Congress of Africa shall enact legislation creating an elected constitutional amendment convention.
(3) When popularly ratified in a referendum by three quarters of the states, a constitutional amendment shall be valid to all intents and purposes as a part of the African Constitution.
15. Entry into Force
In Convention, the undersigned states.
Resolved, That a copy of this draft of the Constitution for the United States of Africa be submitted to each of the state legislatures, who shall place the proposed African Constitution before the African people for their vote. That the Convention shall upon the instruments of ratification schedule and supervise the election of the first Congress and president, who shall forthwith assume charge of the implementation of this constitution.
In witness whereof, signed and issued by the Federal Convention for the United States of Africa on this ____ day of _______________ 20 _____.
Chair and Delegate from ...