RUSTENBURG CPF CONSTITUTION

Transcription

1 RUSTENBURG CPF CONSTITUTION Rustenburg CPF Constitution - Page 1 of 16

2 Table of Contents CPF EXECUTIVE COMMITTEE PREAMBLE NAME VISION MISSION FUNCTIONS CORE FUNCTIONS OF THE EXCO ADDITIONAL FUNCTIONS OF THE EXCO DECISION MAKING PROCEDURES COMPOSITION OF THE EXCO CPF EXCO COMMITTEE EX-OFFICIO MEMBERS CO-OPTED EX-OFFICIO MEMBERS TERM OF OFFICE ELECTION OF THE EXECUTIVE COMMITTEE TERMINATION OF MEMBERSHIP MEETINGS ANNUAL GENERAL MEETING (AGM) SPECIAL GENERAL MEETING GENERAL EXCO MEETINGS EXECUTIVE COMMITTEE MEETINGS QUORUMS ANNUAL GENERAL MEETINGS EXECUTIVE COMMITTEE MEETINGS AMENDMENTS TO THE CONSTITUTION DISSOLUTION OF THE EXCO VOTING RIGHTS LEGAL STATUS AND ASSETS OF THE EXCO DUTIES OF OFFICE BEARERS CHAIRPERSON DEPUTY CHAIRPERSON SECRETARY & DEPUTY SECRETARY IN THE ABSENCE OF THE SECRETARY TREASURER ADDITIONAL MEMBERS CO-OPTED MEMBERS CORRESPONDENCE STRUCTURES FOR COMMUNITY INVOLVEMENT IN POLICING ADDENDUM POLICIES Rustenburg CPF Constitution - Page 2 of 16

3 20.1.SECTOR POLICY SECTOR SUB FORUM POLICY MEDIA RELEASES, STANDARDS, EQUIPMENT POLICY FINANCIAL ADMINISTRATION POLICY REPORTING POLICY PATROL POLICY MEMBERSHIP POLICY MISCONDUCT POLICY SUSPENSION POLICY CODE OF CONDUCT POLICY DISCIPLINARY CODE POLICY DISCIPLINARY PROCEDURE POLICY REGISTRATION AS NEIGHBOURHOOD WATCH POLICY REGISTRATION AS COMMUNITY-BASED ORGANIZATION POLICY REGISTRATION FOR SECURITY COMPANY POLICY COMMUNICATION POLICY APPROVAL Rustenburg CPF Constitution - Page 3 of 16

4 CPF EXECUTIVE COMMITTEE 1. PREAMBLE The Rustenburg CPF Community Police Forum Executive Committee, in recognition of the previously polarized relations between the Community and the Police, unreservedly commit itself towards building a workable partnership aimed at combating all sorts of crime including the violation of fundamental human rights. NOTING that Chapter 11 of the Constitution of the Republic of South Africa, 1996, provides for accountability of the South African Police Service to the communities they serve; AND NOTING that Chapter 7 of the South African Police Service Act, 1995 (Act 68 of 1995), provides for the establishment of Community Police Forums and Boards through which the South African Police Service can liaise with communities with a view to promoting efficient and effective service; AND WHEREAS Section 19 of the South African Police Service Act of 1995, provides that a Community Police Forum may establish community police sub-forums, which shall be broadly representative of the local community; AND WHEREAS Regulation 3 of the South African Police Service Interim Regulations for Community Police Forums and Boards of 2001 provides that a community police sub-forum may be established in respect of any part of the station area or to deal with policing matters mainly affecting the members of a certain section of the community in the station area; AND WHEREAS Regulation 7 of the South African Police Service Interim Regulations for Community Police Forums and Boards of 2001 prescribes the contents of the Constitution of a community police sub-forum; AND WHEREAS Regulation 3 of the South African Police Interim Regulations for Community Police Forums and Boards of 2001 provides that at an inaugural meeting of all community based organizations, institutions, interest groups and the general public in the relevant part of the station area or the members of the relevant section of the community within the station area concerned, a constitution of a community police sub-forum must be adopted by majority vote and a chairperson and executive committee elected in accordance with the procedure provided for in the constitution. 2. NAME The name of the Rustenburg Executive shall be the Rustenburg Community Police Forum Executive Committee (hereinafter referred to as the Exco ) established in terms of the provisions of section 21 of the South African Police Service Act,1995 (Act No. 68 of 1995). 3. VISION Community mobilization towards a safe and peaceful Rustenburg Station. Rustenburg CPF Constitution - Page 4 of 16

5 4. MISSION The mission of the Exco is to liaise with the South African Police Service at Station Level (hereinafter referred to as the Service or SAPS ) so as to support the objectives of all Community Police Forums and the Exco as set out in Section 18 of the South African Police Service Act, 1995, to achieve the following objectives : 4.1. establish and maintain a partnership between the community and the Service; 4.2. promote effective communication between the Service and the community; 4.3. promote co-operation between the Service and the community to fulfil the needs of the community regarding policing; 4.4. improve the rendering of policing services to the community; 4.5. improve the transparency of the Service and the accountability of the Service to the community; 4.6. promote joint problem solving by the Service and the community; 4.7. support and develop community policing and promote constructive community-police liaison; 4.8. ensure that difficulties which cannot be resolved, are referred to higher authority as may be appropriate; 4.9. support and co-ordinate the activities and endeavors of Community Policing Forums at sector and sub forum level; and consult with and advise the member of the Rustenburg SAPS responsible for policing in the Rustenburg SAPS and the Rustenburg Station Commander or their delegates with regard to all matters pertaining to Community Policing 5. FUNCTIONS 5.1 CORE FUNCTIONS OF THE EXCO The Exco s core functions and responsibilities are to: advise the SAPS at Station Level regarding policing priorities; facilitate in resolving concerns, problems and complaints from CPF Sectors, Sub Forums (hereinafter referred to as CPF ) and the community; harmonize the relationship between the police and communities; request the Station Commander to provide information on policing in Rustenburg on a 24 hour basis; obtain regular feedback from CPF s about the quality of police service delivery; Rustenburg CPF Constitution - Page 5 of 16

6 encourage and support community based Crime Prevention Projects; inform CPF s about the activities of the Exco; promote and monitor the effective management of CPF resources; monitor and request reports on the activities of the CPF s and ensure the sharing of the best practices; and advice the Station on Community Policing priorities. 5.2 ADDITIONAL FUNCTIONS OF THE EXCO The Exco will have the power to manage and control the affairs of the Exco, including the power and authority to attend to any matter that could or might be attended to by the Exco, except where a matter is specifically reserved in this constitution to be dealt with by a general meeting of members. The general meeting of the Exco may, revoke, alter, amend or ratify any decision of the Exco : Provided that no such decision by the general meeting of the Exco will have the effect of invalidating any act duly taken by the Exco. Without any way limiting the powers and authority thereof, the Exco shall have the following powers: to pass any resolution or take any decision, that may be necessary or expedient in order to achieve the objects of the Exco: Provided that the Exco may not pass a resolution or take a decision that is inconsistent with this constitution, or with any resolution or decision of a general meeting of the Exco passed or taken prior to the date of the resolution or decision by the Exco; to form or appoint sub-committees for special or general purposes and to delegate to any such sub-committees all or any of the powers conferred on the Exco by this constitution; at such intervals as the Exco may require, but at least once in each financial year, to cause the accounting records of the Exco to be certified in accordance with generally accepted accounting practices and as a true reflection of the income, expenditure, assets and liabilities of the Exco by a duly elected accounting officer whose qualifications meet the requirements contemplated in section 60 of the Close Corporation Act, 1984 (Act No. 69 of 1984); to establish and to fix the remuneration of the Exco s accounting officer; for specific purposes, appoint one or more persons, who need not be members of the Exco, to take charge of and administer any funds of the Exco, to determine the terms and conditions of the appointment and to terminate any such appointment; to institute, conduct, defend, oppose, settle or abandon any legal Rustenburg CPF Constitution - Page 6 of 16

7 proceedings by and against the Exco, or otherwise concerning the affairs of the Exco and also to settle and allow time for payment in satisfaction of any debts due and or any claims or demands by or against the Exco; to refer any claim or demand by or against the Exco for arbitration; to invest, re-invest and deal with any monies of the Exco, not immediately required for the purposes of the Exco upon such securities and on such terms as it may deem fit and from time to time to vary or realize such investments; to sell, liaise, alienate or otherwise dispose of part or parts of the movable or immovable properties of the Exco, as it may think most beneficial to the members and to apply the consideration arising there from as it may think most advantageous to the Exco; to purchase, hire or take in exchange or otherwise acquire any movable or immovable property or rights for the Exco and sell, dispose of, turn to account or otherwise deal with all or any of the movable property or rights of the Exco; to utilize the assets and funds of the Exco for the objects of the Exco as set out in this constitution; and to do all such other things as may be necessary for the proper carrying out of the objects of the Exco. 6. DECISION MAKING PROCEDURES 6.1. The Exco shall, as far as reasonably possible reach decisions by consensus. If consensus cannot be achieved, the Exco shall vote on the matter. If the votes are tied, the Chairperson shall adjourn the meeting and reconvene the meeting in accordance with this constitution after having identified an expert to provide advice to the meeting regarding the matter that led to the votes being tied If, upon the resumption of the meeting and after the Exco has considered the advice of the identified expert, the votes of the members are still tied, the Chairperson shall have a casting vote in addition to his or her deliberative vote. 7. COMPOSITION OF THE EXCO The following members constitute the Exco CPF EXCO COMMITTEE Elected members (CPF Members) Chairperson Deputy Chairperson Secretary Deputy Secretary Treasurer Rustenburg CPF Constitution - Page 7 of 16

8 Five (5) additional members, two (2) to be elected Three (3) Additional members out of the five (5) additional members supra shall be appointed by the Exco from within the CPF EX-OFFICIO MEMBERS Station Commander or his/her representative Station Coordinator (Community Policing Officer/Administrator) Station Coordinator: Visible Policing Commanders responsible for Crime Prevention & Detectives 7.3. CO-OPTED EX-OFFICIO MEMBERS A representative from the Local Municipality/Traffic/Public Safety. 8. TERM OF OFFICE 8.1. Subject to sub clause 8.2 below, the term of office of the members of the Exco will be for five (5) years The currency of such membership will endure for the duration of the term of office of the sitting Government/Administration Subject to sub clause 8.2 above, any person is eligible to stand for election after the expiry of the five (5) year term of his or her membership, unless he or she is convicted of an offence and sentenced to a term of imprisonment without the option of a fine : Provided that, if such imprisonment is wholly suspended, or such conviction is set aside following an appeal or review, or is replaced by a conviction for another offence and a sentence to a term of imprisonment without the option of a fine is not imposed, or the sentence to a term of imprisonment without the option of a fine is set aside following an appeal or review, such person will be eligible to be elected. 9. ELECTION OF THE EXECUTIVE COMMITTEE 9.1. Should an executive member of the Rustenburg Exco be elected to the Cluster Committee, he or she shall relinquish his or her position at the Rustenburg Exco The Executive of the Exco shall be elected at its AGM every fifth year The Station Commander shall request for nominations for the Exco s executive committee from CPF s at least one month before the Annual General Meeting (AGM) Nominations shall close fourteen (14) days before the AGM CPF s in the Rustenburg Station area shall be notified of the nominees for each position by circular at least ten (10) days before elections The elections shall be held before the end of July of every fifth year. Rustenburg CPF Constitution - Page 8 of 16

9 9.7. Nominees shall be members of CPFs and the current Exco The Station Commander shall appoint an independent electoral officer All elections shall be conducted through a secret ballot In the event of a vacancy occurring in the position of Chairperson/Secretary/Treasurer by elections will be conducted. All other positions can be refilled at the discretion of the Exco from the CPF s. 10. TERMINATION OF MEMBERSHIP An Exco member shall cease to hold office as such if he or she: Resigns his or her office by notice in writing to the Exco; is or becomes of unsound mind; surrenders his or her estate as insolvent or his or her estate is sequestrated; is convicted of an offence which involves dishonesty, or if, subject to the proviso in sub clause 8.3 above, he or she is convicted of an offence and sentenced to a term of imprisonment without the option of a fine; is or becomes disqualified from being appointed or acting as a director of a company or as member of a close corporation; being absent from three (3) consecutive meetings of the Exco without special leave or absence given by the Chairperson or without good reason given to the Exco; being absent from five (5) meetings per annum of Exco meetings; ceases to be a member of the Exco 11. MEETINGS ANNUAL GENERAL MEETING (AGM) An Annual General Meeting shall be called before 31 st July of every year to amongst other business: (a) (b) (c) Discuss the annual report presented by the Executive Committee. Discuss and draft resolutions on matters pertaining to the objectives of Community Policing in the Rustenburg Station, and Every fifth year, elect an Executive Committee CPFs shall be notified of the date, time, venue and agenda of an Rustenburg CPF Constitution - Page 9 of 16

10 AGM at least one month prior to the meeting SPECIAL GENERAL MEETING The Executive Committee may instruct the secretary or his/her Deputy to convene a special general meeting to discuss and rule on special matters The Secretary shall on written request by at least two third majority of the CPF s in the Station, call a special general meeting to discuss and resolve on issues stated clearly in writing by members at least 21 days in advance GENERAL EXCO MEETINGS Meetings of the Exco shall be convened at least monthly and Broader Forum Meetings shall be convened at least bi-monthly Notice of such meetings shall be given to members at least 7 days in advance and/or at the first meeting of the year The following members must attend the Annual General Exco Meetings; Station CPF Exco Committee Members Co-opted ex-officio Members (See 7.1.2) CPFs Chairpersons. Station Commander Station CPF Coordinator (CPO) EXECUTIVE COMMITTEE MEETINGS Meetings of the Executive Committee shall be convened at least monthly They may convene special meetings as and when they deem it necessary Notice of such a meeting shall be given to members at least 7 days in advance and/or at the first meeting of the year. 12. QUORUMS ANNUAL GENERAL MEETINGS At least 50% plus 1 (one) of all members of the Exco present at an AGM or General Meeting shall constitute a quorum If a quorum is not attained at the commencement of a scheduled AGM or General Meeting, the meeting shall adjourn for at least thirty minutes, where after if the quorum is still not attained, the meeting shall be re-scheduled to a date not exceeding seven (07) days later. The notice of the re-scheduled meeting shall be issued by the secretary of the Rustenburg CPF Constitution - Page 10 of 16

11 Executive Committee within two (02) days from date for the adjourned meeting. At the re-scheduled meeting, if no quorum is attained the meeting shall continue provided a record of the notice is presented by the secretary and confirmed by the members present EXECUTIVE COMMITTEE MEETINGS At least 50% plus one (1) of the Executive Committee Members present at an Executive Committee Meeting, shall constitute a quorum If a quorum is not attained at the commencement of a scheduled Executive Committee Meeting, the meeting shall be adjourned for at least thirty minutes, where after if the quorum is still not attained, the meeting shall be re-scheduled to a period not exceeding seven (7) days later The notice of the re-scheduled meeting shall be issued by the Secretary of the Executive Committee within two (2) days from the date of the adjourned meeting At the re-scheduled meeting, if no quorum is attained, the meeting shall continue provided a record of the notice is presented by the Secretary and confirmed by the members present Only written apologies for absence, addressed to the Chairperson or Secretary shall be considered Failure to attend three (3) consecutive meetings and/or being absent from five (5) meetings per annum without prior written apology shall result into an automatic termination of Exco membership as per 10.6 and AMENDMENTS TO THE CONSTITUTION The Constitution may only be amended by a majority of two thirds of the members present and entitled to vote at a meeting convened for that purpose, provided that all members have been notified in writing at least twenty one (21) days prior to the meeting of the proposed amendments. 14. DISSOLUTION OF THE EXCO The Station Commander may, after consultation with the MEC/Minister for Public Safety and the Cluster Commander, dissolve the Exco if the objectives of the Exco are not realized or furthered, or for any other legitimate purpose. Rustenburg CPF Constitution - Page 11 of 16

12 15. VOTING RIGHTS Each delegate shall have one vote at all meetings In the event of a deadlock, the chairperson will have a casting vote 16. LEGAL STATUS AND ASSETS OF THE EXCO The Exco is a distinct and separate legal entity with the power to acquire, to hold and to alienate property of every description whatsoever and with the capacity to acquire rights and obligation and having perpetual succession The Exco is and will be a juristic person and can act and be acted against in its own name The property and funds of the Exco vest in the Exco as juristic person and no member of the Exco will be liable for the debts of the Exco All assets of the Exco of whatsoever nature will be applied solely towards the promotion of its objects and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever to the members of the Exco: Provided that nothing herein contained shall prevent the payment in good faith of reasonable remuneration to any member for any service actually rendered to the Exco All SAPS equipment supplied by the SAPS to the Exco / Exco member (s), for utilization in the execution of the Exco s duties, remains the property of SAPS and will be accounted for in accordance with any relevant prescripts and dealt with in terms of the applicable Treasury Regulations in the event of any loss or damage thereof It is agreed that any act or deed duly undertaken by any member of the Exco or by any member of any sub- committee of the Exco upon whom any power is conferred thereby, such act or deed shall not be invalidated by a decision of subsequent meeting of the Exco : Provided that the Chairperson in his or her sole discretion, is satisfied that any act or deed was not performed: in a grossly negligent manner; outside the power conferred upon such person or individual or body under the constitution, or outside the scope of such powers as have been determined by the Exco either in an annual or special general Exco meeting or Exco or extraordinary Exco meeting. 17. DUTIES OF OFFICE BEARERS CHAIRPERSON Preside over meetings of the Exco. Rustenburg CPF Constitution - Page 12 of 16

13 Ensure execution of all decisions of the Executive Committee and the Exco Represent the Exco at the Cluster Exco s meetings or functions and relevant events Report regularly on the functioning of the Exco to the Station and Cluster Commander and provide feedback and directives received to the Exco Render reports reflective of the activities of the work of the Exco Supervise all work of the Exco in conformity with the Constitution, the relevant legislation and procedures agreed upon by the Exco DEPUTY CHAIRPERSON In the absence of the Chairperson, the Deputy Chairperson shall act as the Chairperson The Deputy Chairperson shall in conjunction with the treasurer, ensure that the funds of the Exco are administered in accordance with the policy of the Exco, prepare and circulate the annual report of the activities of the Exco which will include the audited financial report SECRETARY & DEPUTY SECRETARY IN THE ABSENCE OF THE SECRETARY Take and compile the minutes in accordance with the provisions of this constitution Receive and dispatch correspondence to and from the Exco Arrange all meetings in accordance with the meeting procedure Keep originals of letters received and copies of letters dispatched and correspondence Perform official administrative functions normally associated with the office of the Secretary Further the interests of the Exco as directed by the Executive Committee TREASURER Responsible for the finances of the Exco and ensure strict compliance with general accepted accounting procedure Together with another designated member of the Exco, operate a banking account on behalf of the Exco. Rustenburg CPF Constitution - Page 13 of 16

14 Keep books of account and other records necessary to clearly reflect the financial position of the Exco, which shall include assets belonging to the Exco and produce such books for inspection on a quarterly basis to the Provincial Head: Finances Table a financial report at every General Meeting of the Exco and annual financial report and budget at every AGM ADDITIONAL MEMBERS Will be tasked by the Chairperson CO-OPTED MEMBERS Will be tasked by the Chairperson. 18. CORRESPONDENCE All documents and correspondence on behalf of the Exco shall be signed by the Secretary and Chairperson or a person duly authorised by the Exco Notwithstanding the diversity of languages in the Republic of South Africa, English shall be the medium of communication. 19. STRUCTURES FOR COMMUNITY INVOLVEMENT IN POLICING Reservists (SAPS) Community Policing Forum (SAPS) Community Patrol Groups Street Watches Street Committees Neighborhood/Plot Watches Business Watches Other Community Based Organizations Faith Based Organizations Security Companies 20. ADDENDUM POLICIES The Exco may change/amend/update these Addendum Policies at a Exco Meeting SECTOR POLICY As per Rustenburg CPF Constitution Addendum Sector Policy 20.2 SECTOR SUB FORUM POLICY As per Rustenburg CPF Constitution Addendum Sector Sub Forum Policy 20.3 MEDIA RELEASES, STANDARDS, EQUIPMENT POLICY As per Rustenburg CPF Constitution Addendum Media Releases Standards Equipment Policy Rustenburg CPF Constitution - Page 14 of 16

15 20.4 FINANCIAL ADMINISTRATION POLICY As per Rustenburg CPF Constitution Addendum Financial Administration Policy 20.5 REPORTING POLICY As per Rustenburg CPF Constitution Addendum Sector Sub Forum Policy 20.6 PATROL POLICY As per Rustenburg CPF Constitution Addendum Patrol Policy 20.7 MEMBERSHIP POLICY As per Rustenburg CPF Constitution Addendum Membership Policy 20.8 MISCONDUCT POLICY As per Rustenburg CPF Constitution Addendum Misconduct Policy 20.9 SUSPENSION POLICY As per Rustenburg CPF Constitution Addendum Suspension Policy CODE OF CONDUCT POLICY As per Rustenburg CPF Constitution Addendum Code of Conduct Policy DISCIPLINARY CODE POLICY As per Rustenburg CPF Constitution Addendum Disciplinary Code Policy DISCIPLINARY PROCEDURE POLICY As per Rustenburg CPF Constitution Addendum Disciplinary Procedures Policy REGISTRATION AS NEIGHBOURHOOD WATCH POLICY As per Rustenburg CPF Constitution Addendum Registration of Neighborhood Watch Policy REGISTRATION AS COMMUNITY-BASED ORGANIZATION POLICY As per Rustenburg CPF Constitution Addendum Registration as Ccommunity Based Organization Policy REGISTRATION FOR SECURITY COMPANY POLICY As per Rustenburg CPF Constitution Addendum Registration for Security Company Policy COMMUNICATION POLICY As per Rustenburg CPF Constitution Addendum Communication Policy Rustenburg CPF Constitution - Page 15 of 16

16 APPROVAL The RUSTENBURG CPF CONSTITUTION shall be effective from the date of approval by the Rustenburg CPF Exco Chairperson and the Rustenburg Station Commander. SIGNED AT Rustenburg ON THIS 17 th DAY OF JUNE 2016 Signed :... MR. JHL de Klerk Rustenburg CPF Executive Committee CHAIRPERSON Signed :... Rustenburg Station Commander Rustenburg CPF Constitution - Page 16 of 16