SANMVA Constitution approved at SANMVA Conference 27th September 2008

Transcription

1 SANMVA Constitution approved at SANMVA Conference 27th September 2008 SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page

2 CONSTITUTION OF THE SOUTH AFRICAN MILITARY VETERANS ASSOCIATION 1. PREAMBLE WHEREAS the Azanian People s Liberation Army Military Veterans Association (APLAMVA), Azanian National Liberation Army (AZANLAMVA), the Council of Military Veterans Organisations (CMVO) and the umkhonto We Sizwe Military Veterans Association (MKMVA), Transkei Defence Force Military Veterans Association, Bophuthatswana Defence Force Military Veterans Association, Ciskei Defence Force Military Veterans Association and Venda Defence Force Military Veterans Association and on behalf of each of their respective member organisations had expressed a common desire to establish a South African National Military Veterans Association (SANMVA) to unite the Military Veterans Community of South Africa and shall be the founder members, AND WHEREAS to effect unity and be fully representative of all military veterans it is intended that the membership of SANMVA be open to all military veterans groupings, including military veterans of the former Transkei, Boputhatswana, Venda and Ciskei Defence Forces and former APLA, AZANLA and MK members not on the Certified Personnel Registers, AND WHEREAS SANMVA wishes to evolve into a body which is structured at national, provincial and regional levels to be able to act effectively in addressing all military veterans issues, AND WHEREAS SANMVA wishes to align itself with World Veterans Organisations that are supportive of promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion and to promote the full integration of military veterans in their communities, AND WHEREAS in terms of the Act the President is the Patron-in-Chief of all military veterans and the Minister of Defence is responsible to achieve the objects of the Act in the interests of military veterans and their dependents, SANMVA desires that the President should become its Patron in chief and for the Minister to provide SANMVA with such financial and logistic support and resources to enable it to carry out its objectives and assist the Minister in meeting his objectives, NOW THEREFORE there shall be, and is hereby established and constituted, the South African National Military Veterans Association SANMVA (hereinafter referred to as the Association) which Association shall be governed by the provisions of this Constitution. 2. DEFINITIONS The terminology used in this Constitution will be in the following context: 2.1 Act means the Military Veterans Affairs Act, of 1999 (Act No 17 of database means the database which has been established in terms of Section 15.(i) of the Act to which the Association and its military veterans organisations shall have free access to assist them in maintaining and updating the membership lists of the military veterans they represent. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 2

3 2.3 dependant means a person as described in section 1. (v) of the Act. 2.4 military veteran means a person as described in section 1. (viii) of the Act, who may be granted entitlements by Government. 2.5 recognised military veterans organisation means organisations or associations as described in section 1. (xii) of the Act. 3. THE VISION OF THE ASSOCIATION A United Military Veterans Community in South Africa. 4. THE MISSION OF THE ASSOCIATION 4.1 To be a united and caring organisation that represents the interests of military veterans. 4.2 To be a national organisation which unites military veterans organisations; whose members have experienced the sufferings of conflict and war, and whose forces fought side by side or faced each other in combat, and want to contribute to the maintenance of a democratic and united South Africa established in terms of and based on the principles of the Constitution of the Republic of South Africa, To advocate the spiritual and material interests of veterans and victims of war and their dependants by all available legal means; 4.4 To affiliate to World Veterans Organisations which assist in the aim of contributing to the establishment of a fully democratic, peaceful, just and free society based on the UN Charter and International Bill of Rights. 4.5 To promote the full reintegration of military veterans and victims of war in their respective communities by providing appropriate rehabilitation and other relevant legislation and actions to overcome the physical and psycho-social consequences of armed conflict; 4.6 To be a repository of knowledge, experience and professionalism of military veterans affairs for the benefit of all military veterans. 5. THE MOTTO OF THE ASSOCIATION United We Serve With Pride. 6. OBJECTIVES The Association has as its objectives: 6.1 To promote unity and co-operation among military veterans organisations in South Africa and to facilitate the membership of SANMVA by all military veterans groupings which are lawfully representative of the interests of military veterans. 6.2 To protect and promote the common interests of military veterans organisations. 6.3 To promote and protect the socio-economic interests and welfare of military veterans and their dependants in South Africa. 6.4 To collaborate, lobby or negotiate on all matters affecting the welfare and interests of military veterans and their dependants with any relevant authorities, bodies or persons. 6.5 To secure representation in or membership of other relevant organisations or bodies on international, continental, national, provincial and local levels. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 3

4 6.6 To promote and maintain the memory of all the men and women who sacrificed their lives in honour and in service of their country. 6.7 To assist in the updating of a database of military veterans as contemplated by the Act. 6.8 To promote and maintain military veterans values and traditions. 6.9 To promote representivity within the Association To consult and negotiate in the interest of military veterans and their dependants with any State departments, State agencies, provincial and local authorities and all other persons, organisations or institutions who or which are concerned with military veterans affairs as defined in the Act To obtain from Parliament the required financial, logistic support and resources to enable it to carry out its aims and objectives To assist the Minister and Director of Military Veterans Affairs in meeting their objectives as required by the Act. 7. THE ASSOCIATION IS A CO-ORDINATING AND CONSULTATIVE BODY The Association is a national non-governmental organisation, which shall consist of a group of autonomous military veterans organisations being a unified umbrella, coordinating, governing, directing and consultative body speaking with one voice on behalf of all South African military veterans. 8. NATURE OF THE ASSOCIATION The nature of the Association will be as follows: 8.1 The Association shall be non-governmental, non-sectarian, non racial, non- sexist and nonpartisan. 8.2 The Association shall be a corporate body having separate legal persona with perpetual succession unaffected by any changes in membership or office bearers. 8.3 The Association shall be capable in law of suing and being sued. 8.4 The Association shall be capable of acquiring, holding, and/or alienating any property in its own right. 9. AREA OF ACTIVITY The area of activity of the Association shall be the Republic of South Africa. 10. POWERS In furtherance of its objectives, the Association may: 10.1 Collect and raise, or organise the collection of funds for furthering the objectives of the Association Invest any monies of the Association in such securities or other investments, excluding speculative investments, of whatsoever nature, or to deal with such monies in such manner as may from time to time be decided Purchase, lease, or exchange, hire or otherwise acquire any movable or immovable property, or rights for the Association. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 4

5 10.4 Sell, let, lease, mortgage, dispose of, give in exchange, develop, or otherwise deal with, all or any part of the property and rights of the Association Do all such other lawful things as may be deemed by the Association to be necessary, incidental or conducive to the attainment of the objectives of the Association. 11. MEMBERSHIP Membership of the Association shall consist of associations which are recognised by the Act Admission to Membership Application for membership must be made in writing to the Secretaries General of the Association and should include any relevant information as decided by the Association from time to time The Association s decision whether or not to grant membership to an organisation shall be based on the provisions of the Act and on this Constitution The membership of a new member association will date from the approval of its application by the Association. The member association will, as from that date be responsible for the full subscription payable for the financial year in which it becomes a member Termination of Membership A member organisation may terminate its membership of the Association by giving written notice to the Secretary-General of the Association. 12. STRUCTURES OF THE ASSOCIATION The Association shall consist of the following structures: 12.1 The National Conference (NC) 12.2 The National General Council (NGC) 12.3 The National Executive Committee (NEC) 12.4 The Provincial Conference (PC) 12.5 The Provincial General Council (PGC) 12.6 The Provincial Executive Committee (PEC) 12.7 The Regional Conference (RC) 12.8 The Regional General Council (RGC) 12.9 The Regional Executive Committee (REC) 13. THE NATIONAL CONFERENCE (NC) The NC will be held every five years 13.1 Composition of the NC The NC shall consist of such number of full voting and speaking representatives, as may be decided by the NEC, from each member organisation nominated in writing by the member organisations, and which representatives may be replaced in writing by the organisations at their discretion The NEC shall attend with full voting and speaking rights. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 5

6 The NEC may invite other organisations or individuals that have special skills or contributions to the NC. They shall have speaking rights but no voting rights Functions and Authority of the NC The NC: is the highest decision-making structure of the Association shall elect the NEC for the ensuing term shall deal with all matters and disputes affecting the Association with the powers to institute, conduct, defend, compound, or abandon any legal proceedings by or against the Association shall delegate powers to the NEC shall ratify, amend and approve the Constitution, Regulations, Code of Conduct, Standing Rules and policies of the Association shall have the right and power to review, ratify, alter, or rescind any decision taken by any constituent bodies or units of the Association shall receive and consider the Report of the President, Report of the Secretary General, the Report of the Treasurer General and all audited accounts of the Association 13.3 Quorum and voting rights of the NC The quorum shall be fifty-percent plus one of the delegated representatives and NEC All decisions of the NC shall be by show of hands, unless otherwise decided upon by the NC delegates Every delegated representative, NEC member shall have one vote However, for amendments to this constitution a two thirds majority will be required If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum Electoral Commission (EC) The NEC shall appoint the EC with minimum of ten people for the NC for the election of Office Bearers and the directly elected members The EC shall ensure that the nominations have been seconded and the nominee has agreed to stand The EC shall ensure that the nominee is in good standing and may be nominated The EC shall count the votes either by the showing of hands or ballot as necessary. 14. THE NATIONAL GENERAL COUNCIL (NGC) 14.1 Composition of the NGC The NEC shall decide on the composition of the NGC Functions and Authority of the NGC SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 6

7 The NEC may convene the NGC during the middle of their term but not less than eighteen months prior to the NC The duties of the NGC shall be: to receive and discuss reports of the NEC to assess and recommend policies of the Association to have the power to discuss any issue it deems necessary taking into account policies and directives of the NC to fill any vacancies that may have arisen within the NEC if such vacancies do not exceed fifty percent of the NEC Quorum and voting rights of the NGC The quorum shall be fifty-percent plus one of the members All decisions of the NGC shall be by show of hands, unless otherwise decided upon by the NGC delegates Every member shall have one vote If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 15. NATIONAL EXECUTIVE COMMITTEE (NEC) 15.1 Composition of the NEC The NEC shall comprise of sixteen (16) members for a term of five years The six elected National Office Bearers (NOB s), namely, the President, the First Deputy President, the Second Deputy President, the Secretary-General, the Deputy Secretary General and the Treasurer-General The ten directly elected members at the National Conference as additional part time members of the NEC who will serve in the following capacities Publicity and Information Officer This member will handle all media liaison and briefings Projects Officer This member will be the central coordinators of all projects Social welfare Officer This member will ensure a good working relationship with al government structures that handle social welfare for our military veterans and their dependants International Affairs Officer This member will liaise with all international Military Veteran organisations to ensure the Association is affiliated and aware of any projects and movements in the military veterans arenas Education and Training Officer This member will ensure a good working relationship with the government departments responsible for this. This member SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 7

8 will develop and implement appropriate educational programmes for military veterans and their dependants Legal and policy Co-ordinator This member will ensure that all the necessary legislation and policies are in place for the military veterans at all times. This member will oversee all contracts entered into with third parties for the Association Research and Development Officer This member will ensure that research and development is being carried out about any issues that pertain to the military veterans and their dependants National Co-ordinator This member will ensure the smooth running of the Association at all times by co-ordinating all endeavours and campaigns including establishment of Provinces and regions Economic Development Officer This member will ensure that any economic issues and ideas that pertain to the military veterans and their military veterans are perused and implemented History, Heritage and Legacy Officer This member will ensure that the history, memory of the military veterans are remembered at all times. This will also cover the recording of the military veterans and their dependants in a fair and equitable manner The Provincial Chairperson and Provincial Secretaries are ex officio members of the NEC 15.2 Functions and Authority of the NEC and NOBs The NEC is the highest structure of the Association between National Conferences and has the authority to lead the Association, subject to the provisions of the Constitution. The NEC shall not exceed the term of office as stipulated by the Constitution The NEC shall: prepare for the NC and the NGC meet at least once every three months. These meetings shall be convened by the SG in consultation with the President. A written notice of date, time, place and agenda shall be circulated to all members, at least twenty-one (21) days in advance delegate duties to members of the NOB and sub-committees conduct the day to day activities of the Association and implement the NC resolutions appoint sub-committees to ensure proper and good furtherance of the work of the Association have the power to review decisions taken by any of its structures, committees SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 8

9 or commissions except the NC and the NGC accept and peruse reports from the NOBs and make thorough inputs and interventions execute the Regulations, policies and programmes of the Association as decided by the NC and the NGC ensure that the Constitution is adhered to at all times decide on all matters of procedure on which the Constitution is silent appoint the EC that will coordinate and facilitate the elections at all NC and where necessary NOB shall meet at least twice a month The President shall: be the Chief Executive of the Association be a fulltime office bearer of the Association pronounce for and on behalf of the Association, outlining the attitude of the Association on any question preside over meetings of the NEC, NC and NGC lead the implementation of NC resolutions and member aspirations under the overall supervision of the NEC, orient and direct the activities of the Association network with stakeholders, possible partners of the Association e.g. government, public and private sector, the civil society and facilitate appointment of people to carry out this task enforce overall observance of the Constitution, Regulations, Code of Conduct of the Association to all structures and members lead interviews and employment panels at the Head Office as agreed or appointed by the NOBs develop policies that seek to better the lives of the Association members task the First and Second Deputy Presidents with specific duties and committees to oversee The Deputy Presidents shall: assume in the absence of the President the First Deputy President shall assume his/her function in the absence of the President and First Deputy President, the Second Deputy President shall assume their functions deputise for the President and assist him/her when necessary to carry the functions entrusted him/her by the NC or the NGC SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 9

10 in the event of death or permanent incapacity of the President and the Deputy Presidents, the NEC shall as soon as possible appoint an Acting President until such time that the NC or the NGC sits to elect the NEC be part time members of the Association The Secretary General (SG) shall: be the Chief Administrative Officer of the Association be a fulltime member of the Association handle and conduct the correspondence of the NEC and end out notices of all conferences and meetings at national level keep the minutes of the NC, the NGC, and the NEC as well as other records of the Association convey the decisions and instructions of the NC, the NGC, and the NEC to the provincial structures, and see to it that all levels of the Association carry out their duties properly prepare the reports on the work of the NEC and such other documents, which may, from time to time, be required by the NEC, the NC, and the NGC oversee staff employments and make proposals to the NOBs in the Head Office in the absence of the President and the Deputy Presidents, the Secretary- General shall assume the functions of the President all structures, save those falling directly under the Presidency, shall report on their activities to the SG The Deputy Secretary General shall: deputise the SG and assist him/her when necessary to carry the functions entrusted by the NEC be a part time member of the association The Treasurer-General (TG) shall: be the Chief custodian of the funds, properties, and assets of the Association. This will mean all transactions of the Association which need to be done with the knowledge and approval of the TG and all the lower structures be a fulltime member of the Association present audited statements of the Association to the NC and the NGC receive and bank all the monies on behalf of the Association within two working days together with the President, and the SG, operate the banking accounts, with him/her as the main signatory and any other as the counter signatory. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 10

11 produce the fundraising strategy for the whole Association identify and lobby opportunities for the whole Association convene and chair the National Finance Committee and facilitate the process of setting them up in provinces be responsible for the welfare of the whole membership and head the committee that deals with this task Quorum and voting rights of the NEC The quorum shall be fifty-percent plus one of the members All decisions of the NEC shall be by show of hands, unless otherwise decided upon by the NEC delegates Every member shall have one vote If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 16. THE PROVINCIAL CONFERENCE (PC) 16.1 Composition of the PC The PC shall consist of such number of full voting and speaking representatives, as may be decided by the PEC, from each member organisation nominated in writing by the member organisations, and which representatives may be replaced in writing by the organisations at their discretion The whole PEC shall attend with full voting and speaking rights The PEC may invite other organisations or individuals that have special skills or contributions to the PC. They shall have speaking rights but no voting rights Functions and Authority of the PC. The PC : shall meet every three years shall elect the PEC for the ensuing term shall deal with all matters and disputes affecting the province shall delegate powers to the PEC and refer matters to the PEC for its attention shall appoint Committees from among its members for specific purposes and to delegate to the Committees such powers as it may decide shall receive and consider the Report of the Provincial Chairperson, PEC reports and financial reports approve or overrule any decisions taken by the regional structures or any subcommittee or commission in the province recommend and implement policies and programmes of the Association at province SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 11

12 16.3 Quorum and voting rights of the PC The quorum shall be fifty-percent plus one of the nominated representatives and PEC All decisions of the PC shall be by show of hands, unless otherwise decided upon by the PC delegates Every nominated representative, PGC and PEC member shall have one vote The invited persons will have speaking rights but no voting rights If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 17. THE PROVINCIAL GENERAL COUNCIL (PGC) 17.1 Composition of the PGC The PEC shall decide on the composition of the PGC Functions and Authority of the PGC The PEC may convene the PGC during the middle of their term but not less than twelve months prior to the PC The duties of the PGC shall be: to receive and discuss reports of the PEC to assess and recommend policies of the Association at provincial level to have the power to discuss any issue it deems necessary taking into account policies and directives of the PC To fill any vacancies that may have arisen within the PEC if such vacancies do not exceed fifty percent of the Executive 17.3 Quorum and voting rights of the PGC All decisions of the PGC shall be by show of hands, unless otherwise decided upon by the Council delegates The quorum shall be fifty-percent plus one of the members Every member shall have one vote If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 18. THE PROVINCIAL EXECUTIVE COMMITTEE (PEC) The PEC will hold office for three years The composition of the PEC will be: five Office Bearers, namely, the Provincial Chairperson, the Provincial Deputy Chairper- SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 12

13 son, the Provincial Secretary, the Deputy Provincial Secretary and the Provincial Treasurer five additional members directly elected from the Conference and Regional Chairpersons and Secretaries shall serve as ex-officio members of the PEC The Functions and Authority of the PEC shall be to: carry out the policy and programmes of the Association in the province, and do all things necessary to further the interests, aims, and objectives of the organisation carry out the decisions and instructions of the PC, the PGC, and the NEC in line with NC resolutions manage the affairs of the province submit reports on all matters raised at its meetings to the regional structures in the province receive reports from the regional structures on the Association s progress hear and solve disputes from regional structures issue and send directives and instructions to and receive reports from the regional substructures in the province manage the finances and properties of the Association in the Province 18.3 The Provincial Chairperson shall: be the Chief Executive of the Association in the Province be a full time office bearer of the Association preside over meetings of the PEC, PC and PGC lead the implementation of PC resolutions and member aspirations on the province under the overall supervision of the PEC, orient and direct the activities of the Association in the province network with stakeholders, possible partners of the Association in the province e.g. provincial government, public and private sector, the civil society and facilitate appointment of people to carry out this task enforce overall observance of the Constitution, Regulations, Code of Conduct of the Association to all provincial structures and members lead interviews and employment panels at the provincial office as agreed or appointed by NOBs Develop policies that seek to better the lives of the Association members in the province task the Deputy Chairperson with specific duties and committees to oversee The Provincial Deputy Chairperson shall: assume the functions of the absent Provincial Chairperson SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 13

14 deputise the Provincial Chairperson when necessary to carry the functions entrusted by the PC or the PGC in the event of death or permanent incapacity of the Provincial Chairperson, the PEC shall as soon as possible appoint an Acting Provincial Chairperson until such time that PC or the PGC sits to elect the PEC be a part time member of the Association 18.5 The Provincial Secretary shall: be the Chief Provincial Administrative Officer of the Association be a fulltime member of the Association handle and conduct the correspondence of the PEC and send out notices of all conferences and meetings at provincial level keep the minutes of the PC, the PGC, and the PEC as well as other records of the Association convey the decisions and instructions of the PC, the PGC, and the PEC to the provincial structures, and see to it that all regional levels of the Association carry out their duties properly prepare the reports on the work of the PEC and such other documents, which may, from time to time, be required by the PEC, the PC, and the PGC oversee staff employments and make proposals to the office bearers in the Provincial Office in the absence of the Provincial Chairman and the Deputy Chairman, the Provincial Secretary shall assume the functions of the Provincial Chairperson all departments, save those falling directly under the Provincial Chairperson, shall report on their activities to the Provincial Secretary The Deputy Provincial Secretary shall: deputise the Provincial Secretary and assist him/her when necessary to carry the functions entrusted him by the PC or the PGC be a part time member of the Association 18.7 The Provincial Treasurer shall: be the provincial custodian of the funds, properties, and assets of the Association. This to mean all provincial transactions of the Association need to be done with the knowledge and approval of the provincial Treasurer and it goes for lower structures be a fulltime member of the Association present financial statements of the provincial Association to the PC and the PGC receive and bank all the monies on behalf of the Association within two working days together with the Provincial Chairperson, Deputy Chairperson and the Provincial Secre- SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 14

15 tary, operate the banking account, with him/her as the main signatory and any other as the counter signatory produce the fundraising strategy for the provincial Association identify and lobby opportunities for the provincial Association convene and chair the Provincial Finance Committee and facilitate the process of setting them up in regions be responsible for the welfare of the provincial membership and head the committee or unit that deals with this task 19. THE REGIONAL CONFERENCE (RC) 19.1 Composition of the RC The PEC, under the supervision of the NEC, will divide the Province into regions to correspond strictly to district and metro municipal boundaries in each province The RC shall consist of such number of full voting and speaking representatives, as may be decided by the REC, from each member organisation nominated in writing by the member organisations, and which representatives may be replaced in writing by the organisations at their discretion The REC members shall attend with full voting and speaking rights The REC may invite other organisations or individuals with special skills or experience to attend the RC The invited persons will have speaking rights but no voting rights Functions and Authority of the RC The RC: is the most upper making decision structure in the region shall meet every two years shall elect the REC for the ensuing term shall deal with all matters and disputes affecting the region shall delegate powers to the REC and refer matters to the REC for its attention shall appoint Committees from among its members for specific purposes and to delegate to the Committees such powers as it may decide shall receive and consider the Report of the Regional Chairperson, REC reports and the financial reports approve or overrule any decisions taken by the local structures or any sub-committee or commission in the region formulate policies and programmes of the region 19.3 Quorum and voting rights of the RC The quorum shall be fifty-percent plus one of the nominated representatives and REC All decisions of the RC shall be by show of hands, unless otherwise decided upon by SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 15

16 the RC delegates Every delegated representative, REC member shall have one vote The invited persons will have speaking rights but not voting rights If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 20. THE REGIONAL GENERAL COUNCIL (RGC) 20.1 Composition of the RGC The RGC shall be made up as determined by the REC 20.2 Functions and Authority of the RGC The REC may convene the RGC during the middle of their term but not less than twelve months prior to the RC The duties of the RGC shall be: to receive and discuss reports of the REC to assess and recommend policies of the Association at regional level to have the power to discuss any issue it deems necessary taking into account policies and directives of the RC to fill any vacancies that may have arisen within the REC if such vacancies do not exceed fifty percent of the Executive 20.3 Quorum and voting rights of the RGC All decisions of the RGC shall be by show of hands, unless otherwise decided upon by the Council delegates The quorum shall be fifty percent plus one of the members Every member shall have one vote If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, the meeting will be adjourned to a date, time and venue appointed by the Chairperson. If at the adjourned meeting a quorum is not present within thirty (30) minutes from the starting time, the representatives present shall form a quorum. 21. THE REGIONAL EXECUTIVE COMMITTEE (REC) The REC will hold office for two years The composition of the REC will be: five Office Bearers, namely, the Regional Chairperson, the Regional Deputy Chairperson, the Regional Secretary, the Deputy Regional Secretary and the Regional Treasurer five additional members directly elected from the Conference 21.2 The Function and Authority of the REC shall be to: SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 16

17 carry out the policy and programmes of the Association in the region, and do all things necessary to further the interests, aims, and objectives of the organisation carry out the decisions and instructions of the RC, the RGC, and the PEC in line with PC resolutions manage the affairs of the region submit reports on all matters raised at its meetings to the local structures in the region receive reports from the local structures on the Association s progress hear and solve disputes from local structures issue and send directives and instructions to and receive reports from the local substructures in the region manage the finances and properties of the Association in the region 21.3 The Regional Chairperson shall: be the Chief Executive of the Association in the Region be a full time office bearer of the Association preside over meetings of the REC, RC and RGC lead the implementation of RC resolutions and member aspirations on the region under the overall supervision of the REC, orient and direct the activities of the Association in the region network with stakeholders, possible partners of the Association in the region e.g. local government, public and private sector, the civil society and facilitate appointment of people to carry out this task enforce overall observance of the Constitution, Regulations, Code of Conduct of the Association to all regional structures and members lead interviews and employment panels at the regional office as agreed or appointed by ROB recommend and implement policies that seek to better the lives of the Association members in the region task the Deputy Chairperson with specific duties and committees to oversee 21.4 The Regional Deputy Chairperson shall: assume the functions of the absent Regional Chairperson deputise the Regional Chairperson when necessary to carry the functions entrusted by the RC or the RGC in the event of death or permanent incapacity of the Regional Chairperson, the REC shall as soon as possible appoint an Acting Regional Chairperson until such time that RC or the RGC sits to elect the REC be a part time member of the Association SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 17

18 21.5 The Regional Secretary shall be the Chief Regional Administrative Officer of the Association be a fulltime member of the Association handle and conduct the correspondence of the REC and send out notices of all conferences and meetings at regional level keep the minutes of the RC, the RGC, and the REC as well as other records of the Association convey the decisions and instructions of the RC, the RGC, and the REC to the regional structures, and see to it that all local levels of the Association carry out their duties properly prepare the reports on the work of the REC and such other documents, which may, from time to time, be required by the REC, the RC, and the RGC oversee staff employments and make proposals to the office bearers in the regional Office in the absence of the Regional Chairman and the Deputy Chairman, the Regional Secretary shall assume the functions of the Regional Chairperson all departments, save those falling directly under the Regional Chairperson, shall report on their activities to the Regional Secretary 21.6 The Deputy Regional Secretary shall deputise the Regional Secretary and assist him/her when necessary to carry the functions entrusted him by the RC or the RGC be a part time member of the Association 21.7 The Regional Treasurer shall: be the regional custodian of the funds, properties, and assets of the Association. This to mean all regional transactions of the Association need to be done with the knowledge and approval of the regional Treasurer and it goes for lower structures be a fulltime member of the Association present financial statements of the regional Association to the RC and the RGC receive and bank all the monies on behalf of the Association within two working days together with the Regional Chairperson, Deputy Chairperson and the Regional Secretary, operate the banking account, with him/her as the main signatory and any other as the counter signatory produce the fundraising strategy for the regional Association identify and lobby opportunities for the regional Association convene and chair the Regional Finance Committee and facilitate the process of setting them up in local units SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 18

19 be responsible for the welfare of the provincial membership and head the committee or unit that deals with this task 22. PUBLIC FUNDS ALLOCATED TO THE ASSOCIATION Any public funds allocated to the Association shall be controlled and managed in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and as prescribed by other State prescriptions in this regard. 23. PRIVATE FUNDS AND ASSETS OF THE ASSOCIATION 23.1 The following provisions will apply regarding the private funds and assets of the Association: All funds of the Association shall be utilised solely in the attaining of the objects of the organisation and for meeting reasonable administration costs All immovable property shall be registered in the name of the Association The Association shall keep a register of all its assets The Association may not distribute any of its income, property or other assets to its member organisations or office bearers except as reasonable compensation for services rendered or for reasonable expenses incurred in the interest of the Association, which the Association has approved Member organisations or office bearers have no rights in the property or other assets of the Association solely by virtue of being member organisations or office bearers Member organisations or office bearers of the Association shall receive no remuneration Member organisations and office bearers will not be liable for any obligations and liabilities of the Association solely by virtue of their status as member organisations or office bearers Office bearers will not be personally liable for any loss suffered by any person as a result of an act or an omission which occurred in good faith while the office bearer was performing functions for or on behalf of the Association No member organisation, or office bearer, shall have a direct or indirect interest in, or benefit from, any contract, transaction, or agreement that the Association may conclude with any other organisation or person, unless full disclosure regarding such interest or benefit has been made by the organisation or person concerned The Association may acquire and dispose of immovable property provided that such acquisition or disposal is agreed upon by two thirds of those present at the NC or a special meeting convened for the purpose at which two thirds of the member organisations is represented 24. LEGAL PROCEEDINGS 24.1 Legal proceedings, whether by way of institution of or in defence to any proceedings, shall SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 19

20 receive the approval of the NEC, 24.2 All the powers of attorney to sue or defend or any other document, deed or writ that requires the signature of the Association, shall be signed by the President This shall apply mutatis mutandis at the lower structures of the Association. 25. INDEMNITY Office bearers, members, any structure or any person duly authorised to perform certain tasks or activities for and/or on behalf of the Association shall not be liable personally for the acts or omissions giving rise to court action against the Association, unless such acts or activities are proved to be beyond the scope of authority of the Association. 26. AMENDMENT AND INTERPRETATION OF THE CONSTITUTION 26.1 The following provisions will apply regarding amendments to the Constitution: Amendments to the Constitution shall only be effected by the NC of the Association Proposals to amend the Constitution will be restricted to Members of the Association. Such proposals must be submitted to the Secretary General in writing sixty (60) days before the date of the NC. The proposals will be circulated to all member organisations and office bearers fifty (50) days before the date of the meeting The NC, whose decision shall be final, shall decide on any question regarding the interpretation of the constitution A two-thirds majority of the representatives entitled to vote at the National Conference shall be required for the approval of such amendments. 27. DISSOLUTION AND WINDING-UP OF THE ASSOCIATION 27.1 The following provisions will apply regarding the dissolution and winding-up of the Association: The Association may be dissolved or wound up by a decision of two thirds of the representatives present at a NC or a meeting specially convened for the purpose and of which at least sixty (60) days notice has been given If, after the dissolution of the Association and the satisfaction of all its debts and liabilities, there remains any assets, these shall be donated to a non profit organisation as defined in the Non Profit Organisations Act, 1997 (Act No 71 of 1997), which has aims similar to those of the Association s member organisations Every member organisation undertakes to contribute to the assets of the Association in the event of it being wound-up, while it is a member, or within one year after it ceased to be a member, for the payment of debts and liabilities of the Association contracted before it ceased to be a member, and the costs, charges and expenses of winding-up, and for the adjustment of the rights of the contributories among themselves, in such an amount as may be required not exceeding R (one hundred rand) The liability of the member organisations is limited to R (one hundred Rand). SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 20

21 28. GENERAL PROVISIONS 28.1 The Association shall be empowered to take any or all other steps necessary to give effect to the provisions of this Constitution, including those in respect of the following matters: Establishing structures of the Association, including regional and/or local structures Adopting of Household Rules, including procedural rules for meetings of the Association, the Executive, and Committees Adopting of a Code of Conduct, including measures to be taken in case of any contravention of or non-compliance with the Code The design, preparation, and registration of appropriate crests, badges, flags, logos, banners and mottoes in respect of the Association and its members and structures Adopting of Regulations for the smooth running of the Association by the NEC. 29. CERTIFICATION OF ACCEPTANCE AT FOUNDING CONFERENCE This Constitution has been unanimously accepted at a NC convened by the founder members of the Association, and attended by authorised representatives of all entities qualifying for Membership of the Association, and held at Johannesburg on the 27th day of September President Secretary-General SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 21

22 30. REGULATIONS 30.1 Financial Control The Association shall open a banking account with a registered and recognised banking institution for the deposit of all moneys received by it The financial year of the Association shall commence on 1 April annually and end on 31 March of the ensuing year Control and Administration of Funds Cheque or Internet banking facilities shall be used to make all payments Any two (2) of the signatories authorised by the Conference of the Association from time to time shall be empowered to sign on behalf of the Association. SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 22

23 Table of Contents 1 PREAMBLE DEFINITIONS THE VISION OF THE ASSOCIATION THE MISSION OF THE ASSOCIATION THE MOTTO OF THE ASSOCIATION OBJECTIVES THE ASSOCIATION IS A CO ORDINATING AND CONSULTATIVE BODY NATURE OF THE ASSOCIATION AREA OF ACTIVITY POWERS MEMBERSHIP STRUCTURES OF THE ASSOCIATION THE NATIONAL CONFERENCE (NC) THE NATIONAL GENERAL COUNCIL (NGC) NATIONAL EXECUTIVE COMMITTEE (NEC) THE PROVINCIAL CONFERENCE (PC) THE PROVINCIAL GENERAL COUNCIL (PGC) THE PROVINCIAL EXECUTIVE COMMITTEE (PEC) THE REGIONAL CONFERENCE (RC) THE REGIONAL GENERAL COUNCIL (RGC) THE REGIONAL EXECUTIVE COMMITTEE (REC) PUBLIC FUNDS ALLOCATED TO THE ASSOCIATION PRIVATE FUNDS AND ASSETS OF THE ASSOCIATION LEGAL PROCEEDINGS INDEMNITY AMENDMENT AND INTERPRETATION OF THE CONSTITUTION DISSOLUTION AND WINDING UP OF THE ASSOCIATION GENERAL PROVISIONS CERTIFICATION OF ACCEPTANCE AT FOUNDING CONFERENCE REGULATIONS SANMVA Constitution approved at SANMVA Conference 27th September 2008 Page 23