8. Federal Congress
Section A - Two Chambers
(1) The lawmaking power of the United States of Africa herein granted is vested in the Federal Congress of Africa, a bicameral national legislature.
(2) The Chamber of Representatives and the Council of Chiefs respectively comprise the lower and upper chambers of the Federal Congress of Africa.
Section B - Chamber of Representatives
(1) The Chamber, composition, term and election. The Chamber of Representatives 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 to the age of twenty one 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 Chamber 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, Morocco 23.
Section C - Council of Chiefs
(1) The Council of Chiefs is the upper house of the Federal Congress of the United States of Africa. The Council shall be nonpartisan and composed of two members from each state chosen by the people thereof for four years. The chiefs may be re-elected no more than twice. All candidates for the Council shall have no affiliation with any political organization and no party endorsement. Each chief shall have one vote.
(2) The chiefs shall receive a modest financial compensation paid out of the Central Bank of Africa. In addition to their monthly salary, each chief shall receive an amount equal to his or her actual expenses in traveling 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 or per diem pay.
3. Immediately after they shall have assembled in consequence of the first election, the chiefs shall be divided as equally as may be into four classes. The seats 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 the chiefs will be chosen every year.
4. When vacancies happen in the representation of any state in the Council, the executive authority of the state shall issue writs of election to fill such vacancies. The legislatures of the states shall empower the executives thereof to make temporary appointments to the Council until the people fill the vacancies by election as the legislature may direct.
5. No person shall be elected to the Council of Chiefs who shall not have attained the age of sixty years and been ten years a citizen of the United States of Africa or been a citizen of the United States of Africa 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 shall be chosen.
6. The head of the Council shall be a sitting chief. The Senate shall also choose their other officers, including a deputy head that will substitute in the absence of the head of the Council.
8. The Council shall have the sole power to try all impeachments.When sitting for that purpose, they shall be on affirmation. When the president of the United States of Africa is tried, the chief justice of Africa shall preside and no person shall be convicted without the concurrence of two-thirds of the members present.
9. 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, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.
Section D - Congressional Elections and Vacancies
(1) The members of the Federal Congress 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 happen in the representation of any state in either chamber of the federal Congress, the executive authority of such state shall issue writs of election to fill such vacancies. The state legislatures shall empower the executives thereof to make temporary appointments to Congressional vacancies until the people fill the vacancies by election.
Section E - Congressional Procedure
(1) Inaugural pledge. The representatives, senators 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 Congress are open to the public. By a two-third majority vote, the public may be excluded from committee meetings on national security secrets.
(3) The Federal Congress 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 the taking of evidence.
(4) Admission of members. The Congress shall be the judge of their elections, returns and qualifications of their own members.
(5) Quorum. A majority of 50 percent plus one of the members present shall constitute a quorum to do business, 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 Chamber may stipulate. The decisions of the Chamber require a majority of the votes cast.
(6) Rules. The Congress may determine the rules for its proceedings, punish its members for disorderly conduct and, with the concurrence of two-thirds, expel a member.
(7) Journals. Both chambers of the the Congress shall keep a journal of their 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 on the journal.
(8) Adjournment. The Congress shall without a unanimous vote not adjourn for more than three days nor to any other place than that at which the Chambers shall be sitting in accordance with Article 2 B (2).
(9) Privileges. The representatives and senators shall in all cases except treason , felony and breach of the peace be privileged from arrest during their attendance at the session of the Chamber and in going to and returning from the same. From any speech or debate in the Chamber, they shall not be questioned in any other place.
(10) (a) Holding other public office is prohibited.
(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 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 Senate.
(2) How bills become laws. Every bill which shall have passed the Chamber shall go to Council of Chiefs for its consideration. Before it becomes a law, a bill that passed both chambers of the Federal Congress shall be presented to the president of the United States of Africa. If he or she approves, he or she shall sign it. Otherwise, he or she shall return it with the objections to the Congress, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, three thirds of both chamber repass the bill, it shall become a law without the presidential signature. In all such cases 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 the bill shall be entered on the journal of each chamber. If any bill shall not be returned by the president within two weeks after it shall have been presented to him or her, the same shall become a law in like manner as though he or she had signed it unless congressional adjournment prevent its return, in which case it shall not be a law.
(3) Presidential assent or veto. Every order, resolution or vote to which the concurrence of the 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 eventy 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 aiation 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 defence 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.
(6) 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.
(7) 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.
(8) 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.
(9) Titles of nobility. No title of nobility shall be granted by the United States of Africa; and no person holding any office of profit in Africa shall without the consent of the Congress accept of any gift, emolument, office or any title whatsoever from any monarchy or foreign state.
(10) 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, Labour 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
(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. This power 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 five percent of the registered voters of the United States of Africa, and if the petition be for an amendment to the constitution, the petition therefor shall be signed by ten percent of such registered voters. In all cases the registered voters signing such petition, shall be so distributed as to include five percent of the voters of each of two fifths of the states of the United States of Africa, and when thus signed, the petition shall be filed with the Directorate of Elections of the last state meeting the petition requirement, who shall submit the measure to the voters of the United States of Africa at the first general election held not less than four months after such petition shall have been filed. 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 three 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 Congress shall apply to those enacted by the initiative. Initiative measure 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 all the members of the Congress.
(2) The power of referendum. The people also reserve 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 referendum shall be signed by not less than five percent of the voters of the several states of the United States of Africa, distributed as required for initiative petitions, and filed in the office of the Directorate of Elections within ninety days after the 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 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 general election to be held no less than thirty days after the filing of such petition. 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.