SINOVILLE COMMUNITY POLICE FORUM CONSTITUTION (Incorporating approved amendments up to 12 November 2015) 1
INDEX PREAMBLE.. 3 1. Name, Area of Jurisdiction, Legal Persona, Status and Rights within the Sinoville Community Police Forum Structures. 3 2. Definitions. 5 3. Aims and Objectives. 6 4. The Code of Conduct of the Forum. 7 5. Disciplinary Proceedings 7 5A Suspension Policy... 8 5B Radio Usage Policy.. 9 5C Sinoville Crisis Centre Policy 10 6. Members of the Forum.. 10 7. Composition of the Executive Committee 10 Roles, Powers, Duties and Functions 8. Procedure to Elect Members of the Executive Committee.. 30 9. Terms of Office of Members of the Executive Committee 40 10. Meetings 40 Quorums, Voting at Meetings, Keeping of Minutes, Notice of Meetings 11. Grievances 48 12. Communication with Members and the Community... 50 13. Financial Process and System. 52 14. Dispute Resolution. 54 15. Vote of No Confidence.. 54 16. Amending the Constitution.. 56 17. Dissolution..... 57 Annexures 1. Code of Conduct 2. Disciplinary Proceedings 3. Suspension Policy 4. Radio Usage Policy 5. Sinoville Crisis Centre Policy 2
PREAMBLE In terms of Sections 18 to 23 of the South African Police Act 68 of 1995, and the South African Police Service Interim Regulations of Community Police Forums and Boards 2001, provision is made for the establishment of a Community Policing Forum to serve the community of the Sinoville Policing area. 1. NAME, AREA OF JURISDICTION AND LEGAL PERSONA 1.1 NAME The name of the Community Police Forum shall be THE SINOVILLE COMMUNITY POLICE FORUM (hereinafter referred to as the Forum ). 1.2 AREA OF JURISDICTION The area of jurisdiction of the Forum shall be the same area as the operational area of the Sinoville Police Station as amended from time to time. LEGAL PERSONA 1.3 The Forum is a non-profit, non-sectarian, non-sexist, non-racial and non-party political community-based, statutory entity, established in terms of sections 19 and 23 of the South African Police Services Act, Act 68 of 1995 Act read with the South African Police Service Interim Regulations for Community Police Forums and Boards published as Regulation No. R.384 of 2001 in Government Gazette, Vol. 431, No. 22273, on 11 May 2000, Regulation Gazette, No. 7062. 1.4 The Forum is a legal persona and has the capacity to act in its own name. 1.5 The Forum is represented by its Executive Committee and it has granted the powers, duties and functions as set out in paragraph 7.3 below to the elected members of the Executive Committee. 1.6 The Forum exists independent from its members and has perpetual succession. 1.7 Any liabilities incurred by the Forum vests in the Forum as a legal juristic persona and no member of the Forum or Executive Committee shall be liable 3
for the debts, claims of whatever nature, obligations or any form of encumbrance of the Forum in their respective personal capacities. 1.8 All assets of the Forum of whatever nature will be applied solely towards the objectives of the Forum, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise, to any member of the Executive Committee. 1.9 All assets of the Forum will be kept in a Trust specifically formed for that purpose. 1.9.1 The Trustees of the Trust shall be the Chairperson of the Forum and the relevant Chairpersons of the sub-forums from time to time. 1.9.2 The beneficiaries of the Trust shall be the members of the relevant sub- Forums and / or any other public benefit organisation or non-profit organisation within the area of jurisdiction of the Forum. 1.9.3 The Trust shall at all relevant times be subject to the provisions of the Trust Property Control Act, no. 57 of 1988 as amended from time to time. Status and rights within the Sinoville Community Police Forum structures 1.10. As provided for in the Act, the Forum is the parent body of all sub-forums, neighborhood watch structures and all similar structures within the area of jurisdiction of the Forum. 1.11 All sub-forums, neighborhood watch structures and all similar structures within the area of jurisdiction of the Forum shall be sub-ordinate to the Forum and be subject to the Constitution of this Forum. 1.12 Each sub-forum, neighborhood watch structure and similar structures within the area of jurisdiction of the Forum must have their own Constitution, provided that such Constitution must be aligned with the Forum s Constitution and may not be in conflict with the Forum s Constitution. 1.13 The respective sub-forums, neighborhood watch structures and similar structures within the area of jurisdiction of the Forum must submit their respective Constitutions to the Forum for approval before such Constitutions shall become effective. 1.14 Any proposed changes to the Constitution of a sub-forum, neighborhood watch structure and similar structure within the area of jurisdiction of the 4
Forum must also be submitted to the Forum for approval before such changes to the relevant Constitution shall become effective. 1.15 The Forum shall have the right to instruct a sub-forum, neighborhood watch structures and all similar structures within the area of jurisdiction of the Forum to amend its Constitution to align with the Forum s Constitution; 1.16 The Forum shall have the right to attend any meeting of any sub-forum, neighborhood watch structure and similar structures within the area of jurisdiction of the Forum. 1.17 The Forum shall have the right to inspect any record, including the financial records of any sub-forums, neighborhood watch structures and all similar structures within the area of jurisdiction of the Forum to ensure compliance with the respective Constitutions of such sub-forums, neighborhood watch structures and all similar structures within the area of jurisdiction of the Forum and to the Forum s Constitution 2. DEFINITIONS Act shall mean The South African Police Services Act, Act 68 of 1995. Auditor shall mean a registered accountant Area of jurisdiction shall mean the same area as the operational area of the Sinoville SAPS as amended from time to time CPF shall mean Community Police Forum Election Meeting shall mean a specially convened meeting to elect members of the Executive Committee. Electoral Officer for purposes of Election Meetings shall mean The Station Commander of the SAPS Sinoville, or a person designated by him or a person chosen by the eligible voters at an Election Meeting to be the Electoral Officer for such meeting. Full term in office shall mean the three year period between Election Meetings. [Period of two years changed to three years during amendments to Constitution accepted at Annual General Meeting held on 15/08/2015]. 5
ICASA shall mean the Independent Communications Authority of South Africa Interim Regulations shall mean the South African Police Service Interim Regulations for Community Police Forums and Boards published as Regulation No. R.384 of 2001 in Government Gazette, Vol. 431, No. 22273, on 11 May 2000, Regulation Gazette, No. 7062. Media shall have its ordinary meaning but also include printed, electronic and radio media. Serious offence shall mean any offence whereby a person has been sentenced to imprisonment for a period of longer than one year without the option of a fine. Sub-Forum shall mean a Sub-Forum established in terms of Regulation 3 of the Interim Regulations within the area of jurisdiction. Term of office shall mean the period as set out in Section 9 below. 3. AIMS AND OBJECTIVES 3.1 The aims and objectives of the Forum are to: 3.1.1 Establish and maintain partnerships between the Forum, its members and the community. 3.1.2 Promote communication between the SAPS, the Forum and the community. 3.1.3 Promote co-operation between the SAPS, the Forum and the community in fulfilling the needs of the community regarding policing; 3.1.4 Improve the rendering of police services to the community within its area; 3.1.5 Improve transparency in the SAPS and accountability of the SAPS to the community; 3.1.6 Promote joint problem identification and problem-solving by the SAPS and the community. 3.1.7 Based on the Forum s status and rights within the Sinoville Community Police Forum structures as set out in paragraphs 1.10 to 1.17 above and in addition to the aims and objectives of the Forum as set out in paragraph 3.1, the Forum shall also have the following aims and objectives: 3.1.7.1 Provide guidance towards such other structures within the Sinoville Community Police Forum structure; 6
3.1.7.2 Promote synergy between the other structures within the Sinoville Community Police Forum structure; 3.1.7.3 Ensure that such other structures within the Sinoville Community Police Forum structure comply with their own respective Constitutions as well as the Forum s Constitution; 3.1.7.4 Assist such other structures within the Sinoville Community Police Forum to grow; 3.1.7.5 Act as a facilitator between such other structures within the Sinoville Community Police Forum structure to amongst others: (i) identify common crime patterns; (ii) identify problems or areas of concerns within the jurisdictional area of the Forum. 4. THE CODE OF CONDUCT OF THE FORUM 4.1 The Forum s Code of Conduct is contained in Annexure 1 to this Constitution and although contained in an Annexure shall be deemed to form part of this Constitution, with the provisio that Section 16 of this Constitution (Amending the Constitution) does not apply to the Code of Conduct. 4.2 Any changes to the Code of Conduct can be made by the Executive Committee at an Executive Committee Meeting or Special Executive Committee meeting as provided for in this Constitution. 4.3 Any changes made to the Code of Conduct by the Executive Committee shall be conveyed to its members via the respective representatives of the Sectors on the Executive Committee who shall convey such changes to its members and such changes shall become effective on a date to be determined by the Executive Committee. [Paragraph 4.3 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 5. DISCIPLINARY PROCEEDINGS 5.1 The Forum s Disciplinary proceedings are contained in Annexure 2 to this Constitution and although contained in an Annexure shall be deemed to form 7
part of this Constitution, with the provisio that Section 16 of this Constitution (Amending the Constitution) does not apply to the Disciplinary Proceedings [Reference to Annexure 1 replaced by reference to Annexure 2 during changes to Constitution accepted at Special General Meeting held on 28 November 2013] 5.2 Any changes to the Disciplinary Proceedings can be made by the Executive Committee at an Executive Committee Meeting or Special Executive Committee meeting as provided for in this Constitution. 5.3 Any changes made to the Disciplinary Proceedings by the Executive Committee shall be conveyed to its members via the respective representatives of the Sectors on the Executive Committee who shall convey such changes to its members and such changes shall become effective on a date to be determined by the Executive Committee. [Paragraph 5.3 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 5A Suspension Policy 1. The Forum s Suspension Policy is contained in Annexure 3 to this Constitution and although contained in an Annexure shall be deemed to form part of this Constitution, with the provisio that Section 16 of this Constitution (Amending the Constitution) does not apply to the Suspension Policy. 2. Any changes to the Suspension Policy can be made by the Executive Committee at an Executive Committee Meeting or Special Executive Committee meeting as provided for in this Constitution. Provided that in a matter that concerns or may affect the larger community, public participation will be sought before such changes are made. 3. Any changes made to the Suspension Policy by the Executive Committee shall be conveyed to its members via the respective representatives of the Sectors on the Executive Committee who shall convey such changes to its members and such changes shall become effective on a date to be determined by the Executive Committee. 8
[Paragraph 5A introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 5B. Radio Usage Policy 1. The Forum s Radio Usage Policy is contained in Annexure 4 to this Constitution and although contained in an Annexure shall be deemed to form part of this Constitution, with the provisio that Section 16 of this Constitution (Amending the Constitution) does not apply to the Radio Usage Policy. 2. Any changes to the Radio Usage Policy can be made by the Executive Committee at an Executive Committee Meeting or Special Executive Committee meeting as provided for in this Constitution. Provided that in a matter that concerns or may affect the larger community, public participation will be sought before such changes are made. 3. Any changes made to the Radio Usage Policy by the Executive Committee shall be conveyed to its members via the respective representatives of the Sectors on the Executive Committee who shall convey such changes to its members and such changes shall become effective on a date to be determined by the Executive Committee. 4. Sector 4 has informed the Forum, and it was so noted, that it has introduced and is operating a radio network within its (Sector 4 s) area of jurisdiction that is independently owned and operated. Users of this independently owned and operated network is subject to their own radio usage policy and it stands separate from that of the Forum. 5. Members of Sector 4 must be given the choice which radio frequency they wish to use, but regardless of the choice, they will be subject to a radio usage policy, albeit this radio usage policy or the radio usage policy of the independently owned network. 6. Provided that where members of Sector 4 are also utilising the radio frequency of the Forum, in conjunction with the independent frequency, that such member/s is / are subject to the Forum s radio usage policy. 9
[Paragraph 5B introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 5C. Sinoville Crisis Centre Policy 1. The Sinoville Crisis Centre Policy is contained in Annexure 5 to this Constitution and although contained in an Annexure shall be deemed to form part of this Constitution, with the provisio that Section 16 of this Constitution (Amending the Constitution) does not apply to the Suspension Policy. 2. Any changes to the Sinoville Crisis Centre Policy can be made by the Management Committee of the Sinoville Crisis Centre provided that such policy must be in line with the Forum s Constitution and approved by the Executive Committee. [Paragraph 5C introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 6. MEMBERS OF THE FORUM 6.1 Members of the Forum shall be: 6.1.1 A Sub-Forum as defined; 6.1.1.1 The Sinoville Crisis Centre / Sinoville Krisissentrum [Paragraph 6.1.1.1 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 6.1.2 The Station Commissioner of the Sinoville SAPS from time to time; 6.1.3 Members designated by the Station Commissioner of the Sinoville SAPS from time to time as prescribed by Section 19(3) of the Act; 6.1.4 Members designated by the Area Commander of the Tshwane Metropolitan Police Service from time to time to serve on the Forum. 6.1.5 The Executive Committee may from time to time invite other members to join the Forum. 7. COMPOSITION OF THE EXECUTIVE COMMITTEE 7.1 The Executive Committee shall consist of the following positions: 7.1.1 Chairperson; 10
7.1.2 Vice-Chairperson; 7.1.3 Secretary; 7.1.4 Vice-Secretary; 7.1.5 Treasurer; 7.1.6 The Chairpersons of the respective sub-forums and the Head of the Sinoville Crisis Centre / Sinoville Krisissentrum; 7.1.7 Crime Prevention Officer; 7.1.8 Public Relations Officer; 7.1.9 Victim empowerment; 7.1.10 Youth and School Safety Co-ordinator; 7.1.11 School Safety Co-ordinator; Training and Standards Co-ordinator and Control Room Controller 7.1.12 Criminal Justice System Co-ordinator. 7.1.13 Any other such position as may from time to time be created by the Executive Committee. 7.1.14 All persons referred to in paragraphs 7.1.1 to 7.1.12 above shall have voting rights on the Executive Committee. [Paragraph 7.1.6 amended to make provision for the Head of the Sinoville Crisis Centre / Sinoville Krisissentrum to be included on the Executive Committee during changes to Constitution accepted at Special General Meeting held on 28 November 2013] [Paragraph 7.1.10 amended to make provision for the change of the position of Youth to Youth and School Safety Co-ordinator during changes to Constitution accepted at Annual General Meeting held on 26 June 2014] [Paragraph 7.1.11 School Safety Co-ordinator; deleted during changes to Constitution accepted at Annual General Meeting held on 26 June 2014 and replaced by new paragraph Training and Standards Coordinator and Control Room Controller ] 11
[Paragraph 7.1.6 amended to remove the position of the Head of the Sinoville Crisis Centre / Sinoville Krisissentrum from the Exco during changes to Constitution accepted at Annual General Meeting held on 26 June 2014] Paragraph 7.1.9 deleted to do away with Victim Empowerment position on Exco during amendments to Constitution accepted at Annual General Meeting held on 15/08/2015] 7.2 The following SAPS members shall be ex-officio members of the Executive Committee, but shall have no voting rights: 7.2.1 The Station Commander of the Sinoville SAPS; 7.2.2 The Heads of the following Units of the Sinoville SAPS: (i) (ii) (iii) (ii) (iii) (iv) Crime Prevention, Detective Services, Communication, Crime Intelligence, Client Services, Administration. 7.2.3 The Area Commander of the Tshwane Metropolitan Police or a member of his staff designated by him / her. 7.2.4 A person referred to in paragraph 7.2.3 shall have no voting rights. 7.2.5 In the event that a Chairperson of a sub-forum cannot attend any Executive Committee meeting or Executive Committee Special Meeting, such Chairperson may only be represented by the Vice-Chairperson of the respective sub-forum. 12
[Paragraph 7.2.5 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 7.3 Powers duties and functions of the Executive Committee 7.3.1 The Forum is a separate legal entity represented by its Executive Committee. 7.3.2 As a separate legal entity, the Forum has the capacity to act in its own name. 7.3.3 The Forum shall have all the powers necessary to enable it to achieve its objectives and to fulfil its responsibilities and to perform its roles, functions and duties. 7.3.4 Therefore the Constitution confers amongst others the following powers, duties and functions onto the Executive Committee: The power to: (i) Institute and conduct, defend, compound or abandon any legal proceedings by or against the Forum, as the case may be. (ii) Delegate any duty or power through any person or organ of the Forum in the interest of the Forum. (iii) Utilise the assets of the Forum for the objectives of the Forum as set out in this Constitution; (iv) Appoint at its own discretion, sub-committees and direct issues and allocate tasks to these committees, and co-opt members of the Forum to serve on these bodies. (v) Maintain and supervise efficient control over members and the administration of the Forum. (vi) Make urgent rulings as may be necessary from time to time; (vii) Make available such resources or render such services to the SAPS Sinoville, whether on request of the latter or out of own accord, on such terms and conditions as the Forum deems necessary. (viii) Make donations in any form to the SAPS Sinoville to assist the SAPS Sinoville in preventing crime. (ix) Initiate community based crime-prevention projects. (x) Acquire, hold, lease, hire and / or alienate property, whether immovable or movable. 13
(xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) Enter into written contracts with suppliers. Appoint one or more persons to take charge of and administer any funds of the Forum. Open, operate or close bank accounts in the name of the Forum. Utilise any income derived from its members or from any other source in its own discretion, provided that such expenditure will at all times be in the interest of the Forum or in the furtherance of its stated objectives. Apply its surplus income in promoting its objectives and shall not, at any time, make any distribution or pay any dividend or surplus to any of its members. Invest, re invest and deal with any monies of the Forum not immediately required for the purposes of the Forum, upon such securities and on such terms as it may deem fit and from time to time to vary or realise such investments. Accept donations from external sources, provided that if such donation/s is / are conditional the Forum shall adhere to such conditions as required by the donor, provided such conditions are not contrary to the objectives of the Forum. Where donations are made unconditionally, the Forum may utilise such donations as it deem necessary to promote the objectives of the Forum or its members. Arrange and conduct fundraising activities in the name of the Forum to collect or receive money for or on behalf of the Forum. Appoint bookkeepers and / or auditors on an annual basis. Appoint office bearers to assist in the execution of its functions. Remove any Executive Committee member from office before the expiry of his or her term of office and to dismiss any of them, subject to the due disciplinary process as provided for in this Constitution. Appoint remunerated staff members, whether on a permanent or temporary basis, to assist the Executive Committee to perform its roles, functions and duties. 14
(xxiv) Nominate any such person as it deems fit and proper to represent the Forum at external meetings and to attend to any matter that could be attended to by the Forum. (xxv) Establish ad-hoc committees to perform specific duties for a period and on conditions to be determined by the Executive Committee. (xxvi) Co opt any person(s) who have required expertise in any field necessary to fulfil the objectives of the Forum. Provided that such so co opted person shall not have any voting rights on the Executive Committee. (xxvii) Co- opt any person onto the Executive Committee for a period of no longer than Ninety (90) days to fill any vacancy as provided for in paragraphs 8.2.10 to 8.2.16. Provided that such so co opted person shall not have any voting rights on the Executive Committee. (xxviii) Establish sub-forums for the effective and efficient managing of the Forum. (xxix) Hear and adjudicate, whether as an Executive Committee or through an appointed structure, disputes emanating from its members. (xxx) Cancel the membership of any of its structures including any sub- Forum, upon realizing that such a structure is functioning contrary to the directives or the Interim Regulations and after a proper enquiry and affording such sub-forum the opportunity to present his case. (xxxi) Suspend or terminate the membership of any member who has (a) not complied with the provisions of this constitution; or (b) failed to attend, or send a representative, as the case may be, to three consecutive meetings of the members; or (c) failed to comply with the directives or any rules or policies of the Forum. (d) been found guilty at a disciplinary hearing and where the sanction makes provision for such suspension or termination. 15
(xxxii) Convene and hold such meetings as it may deem necessary. (xxxii)a Revoke, suspend, terminate or amend the right of any person to utilise the radio frequency of the Forum at any time and / or to instruct any person to bring in his / her radio to have the Forum s radio frequency on such radio/s removed. [Paragraph 7.3.4 (xxxii)a introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] (xxxiii) (xxxiv) (xxxv) (xxxvi) (xxxvii) Dissolve the Management Committee of any Sector should the need therefore arise; The right to assume or take over all the Management Committee functions of any Sector should the need therefore arise; Appoint any such person/s, including SCPF Executive Committee members, it may deem necessary to assist the SCPF Executive Committee in the management of any Sector; Appoint any such independent auditor, as it may deem necessary to audit the assets of any Sector; Call elections for new Management Committee members, within such period it deems fit, but not longer than 30 days, after taking over the management of any Sector; [Paragraphs 7.3.4 (xxxiii) to (xxxvii) introduced with amendments to Constitution accepted at Annual General Meeting held on 15/08/2015]. Duties: The Executive Committee must (xxxix) Report gross negligence or dereliction of duty on the part of any member of the SAPS Sinoville to the Station Commissioner and / or the Independent Complaints Directorate and / or the Area Board, alternatively the Provincial Board and Provincial Commissioner. 16
(xl) (xli) Through the structures provided for in this Constitution receive and process complaints and charges by the public against the SAPS Sinoville. Act as mediator between the SAPS Sinoville and the community. [Paragraph 7.3.4 (xxxiii), (xxxiv) and (xxxv) renumbered to (xxxix), (xl) and (xli) respectively as a result of introduction of new paragraphs 7.3.4 (xxxiii) to (xxxvii). Functions The Executive Committee must: (xlii) (xliii) (xliv) (xlv) (xlvi) (xlvii) Co-ordinate and interact with other Community Policing Forums or other similar Forums in matters relating to Community Policing Forums. Act as mediator in disputes between the Forum s members Report quarterly to the Provincial Board or on such other timescale as the Board shall decide. Establish and maintain a website Ensure that proper minutes and records of all meetings are kept. Subject to relevant legislation, set criteria for membership of the Forum. [Paragraphs 7.3.4 (xxxvi), (xxxvii), (xxxviii), (xxxix), (xl) and (xli) renumbered to (xlii), (xliii), (xliv), (xlv), (xlvi) and (xlvii) respectively as a result of introduction of new paragraphs 7.3.4 (xxxiii) to (xxxvii). 7.3.5 In the event of dissolving and / or assuming the management functions of the Management Committee of any Sector, for any reason, the following shall apply : 17
7.3.5.1 Such Sector s Management Committee is automatically dissolved in toto and all members or remaining members of such Management Committee are deemed to have resigned on the date of the dissolving or taking over; 7.3.5.2 The SCPF Executive Committee is bound to manage the Sector in terms of the provisions of the Constitution of the Sector whose Management Committee functions it had assumed and in the event of conflict between the SCPF s Constitution and a Sectors Constitution, the former shall prevail. 7.3.5.3 Where elections are called for to elect new Management Committee members of any Sector, such elections will be held in terms of the election rules applicable in the relevant Sector s Constitution. [Paragraphs 7.3.5, 7.3.5.1, 7.3.5.2 and 7.3.5.3 introduced with amendments to Constitution accepted at Annual General Meeting held on 15/08/2015]. Protection of Executive Committee members acting in good faith 7.4.1 All the actions by the Management Committee or any of its members, in bona fide performance of their duties, will be regarded as to have been performed by the Forum. 7.4.2 A member of the Executive Committee shall not be held liable in his or her personal capacity for carrying out his / her functions as determined or instructed by the Executive Committee unless such act or omission was performed / neglected: (i) In a grossly negligent or intentionally wrongful manner; or (ii) Was beyond the powers conferred on such person in terms of this Constitution; or (iii) Beyond the authority or instruction given by the Forum or Executive Committee; 18
7.5 Authorised signatories of the Forum 7.5.1 Where the Forum needs to sign any document to give legal effect to any transaction, including but not limited to power of attorney, deeds, contracts, and all such other documents that may have to be authorized, the authorised signatories of the Executive Committee shall be any two of the following: (i) The Chairperson or Acting Chairperson as provided for in this Constitution; and any one of (ii) The Vice-Chairperson or Acting Vice-Chairperson as provided for in this Constitution or (iii) The Treasurer. 7.6 Roles duties and functions of members of the Executive Committee 7.6.1 The Chairperson The elected Chairperson of the Forum: (i) Shall preside over meetings of the Forum. (ii) Ensure the execution of all decisions of the Executive Committee. (iii) Represent the Forum as and when it is necessary. (iv) Shall be the Forum s representative at all levels above Forum level and other Forums in relation to Community Policing matters. (v) Report on the functioning of the Forum to levels above Forum level as and when required. (vi) Report back to the Executive Committee on matters relevant to the Forum discussed at levels above Forum level. Such feedback shall be recorded in the minutes of the Executive Committee meeting. (vii) Liaise with the Sinoville SAPS, Metro Police and other community based organsations as and when required and report back to the Executive Committee on such liaisons. Such feedback shall be recorded in the minutes of the Executive Committee meeting. (viii) Shall act as the Chairperson of the SAPS Sinoville Labour Forum consisting of the SAPS and Police Unions. (ix) Shall report on the state of the Forum at the monthly Executive Committee meetings. (x) Shall submit such reports reflective of the activities or the work of the Forum at the Annual General Meeting. 19
(xi) (xii) (xiii) (xiv) (xv) Shall supervise all work of the Forum in conformity with the Constitution and rules of procedures agreed upon by the Forum. May, if circumstances so dictate, approach the SAPS or Government institutions at any level, for intervention, assistance or advice, in the general interest of the community. The Chairperson may, from time to time, and as circumstances dictate, delegate some of his duties, functions and responsibilities in writing to the Vice-Chairperson and / or any elected Executive Committee member. Must officially visit the Sinoville SAPS Police Station on a regular and unannounced basis and cause an Occurrence Book (OB) entry to that effect being made. May request the Sinoville SAPS members on duty to verify the condition of prisoners, accused and suspects held in custody, including verbally communicating with such individuals in as far as their human rights are concerned and to verify the condition the holding facilities, subject to the availability of Sinoville SAPS personnel. 7.6.2 The Vice-Chairperson 7.6.2.1 In the absence of the Chairperson for whatever reason, or when so requested in writing by the Chairperson, the elected Vice-Chairperson of the Forum, shall have the same authority, powers and function as the Chairperson as set out above. 7.6.2.2 The Vice-Chairperson shall also have overall responsibility for: (i) Radio communications and related matters; (ii) Disciplinary matters; The Vice-Chairperson shall have oversight over: (iii) Finances; and (iv) The assets of the Forum. 20
7.6.2.2.1 The Vice-Chairperson may delegate his / her responsibility in respect of disciplinary matters to any other Executive Committee member in the event of a conflict of interest or when s/he deems it necessary to do so. [Paragraph 7.6.2.2.1 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 7.6.3 The Secretary The Secretary of the Forum must: (i) Take and compile Minutes of all meetings of the Forum in accordance with the requirements of this Constitution and keep a record thereof including Resolutions passed and previous Minutes (ii) Arrange all meetings in accordance with the requisite procedures; (iii) Perform administrative functions associated with the Office of Secretary; (iv) Further the interests of the Forum as directed by the Executive Committee; 7.6.4 The Vice-Secretary (i) The Vice-Secretary acts as assistant to the Secretary The Vice-Secretary must also: (ii) Collect, receive and despatch correspondence on behalf of the Forum. (iii) Keep originals of letters received and copies of letters despatched and correspondence. (iv) Create and maintain a database of all members of the sub-forums in consultation with the sub-forums. 7.6.5 Duties of the Treasurer The Treasurer: (i) Is responsible for the finances of the Forum and must ensure strict compliance with Generally Accepted Accounting Practice; (ii) Must together with another designated member of the Board, operate a banking account on behalf of the Forum; 21
(iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) Must keep accurate and up to date books of account and other records necessary to clearly reflect the financial position of the Forum Shall submit to the Executive Committee at each of its regular monthly meetings a monthly income and expenditure statement. Must table a financial report at every general meeting of the Forum setting out the finances of the Forum. Must table a budget at every Annual General meeting; Shall submit to the Executive Committee a half yearly un-audited balance sheet. Shall, in each financial year, cause the accounting records of the Forum to be verified in accordance with Generally Accepted Accounting Practice by a duly appointed registered accountant. Compile and maintain an asset register of all assets of the Forum. Must ensure that all assets of the Forum are adequately insured. Shall be responsible for and deal with all documents pertaining to the functions of that office, such as for example deposit slips, receipts, invoices, accounts and so forth. The Annual Financial Statements shall comply with general accepted accounting practices. 7.6.6 Crime Prevention Officer The Crime Prevention Officer must: (i) (ii) (iii) (iv) (v) Liaise with the Sinoville SAPS on a regular basis. Monitor the Sinoville SAPS Crime Prevention initiatives and report any aspect which is lacking to the Executive Committee and / or Sinoville SAPS Management. Attend joint meetings between the Sinoville SAPS and the Forum and all other role players specifically relating to Crime Prevention. Gather and consolidate crime intelligence from the sub-forum Crime Prevention Officers and present the information to the Executive Committee meetings and Sinoville SAPS Crime Prevention Officer. Chair a monthly sub-committee Crime Prevention Officer s meeting with the sub-forums representatives. 22
(vi) (vii) (viii) (ix) (x) (xi) (xii) Present a Crime Prevention Overview at the Annual General Meeting. Present a Crime Prevention Overview at the Monthly Executive Committee meeting. Create and document a yearly crime prevention plan which must be consistent with the needs of the sub-sectors and the Sinoville SAPS Master Crime Prevention Plan. Inspect areas of concern within the specific sub-sector together with that specific Crime prevention Officer to familiarize him/herself with the operational requirements before engaging the Sinoville SAPS. Report all emergency Crime Prevention Related matters to the Chairperson of the Forum. Liaise with other Crime Prevention Officers of the neighboring Clusters to formulate a joint Crime Prevention Plan. Liaise with the Sinoville SAPS on any joint operations between the Sinoville SAPS and the Forum and to approve the Forum s involvement in such joint operations. 7.6.7 Public Relations Officer The Public Relations Officer must: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Promote the image of the Forum to the community. Promote the business and activities of the Forum. Liaise with and advise the Public Relation Officers of the Sub Forums. Develop promotional materials when needed. Organize public events and press conferences and press releases when necessary. Update and maintain the website. Reply to general enquiries of the community. Seek and negotiate sponsorships. Provide assistance when required with branding and advertisements. Conduct market research when needed. Manage the response of the Forum in case of an emergency situation or in case of a disaster in the Forum s area. 23
(xii) Make media statements on behalf of the Forum as and when required. (xiii) Approve of all public communications as provided for in Section 12 before it is distributed to the public. 7.6.8 Victim empowerment The Victim Empowerment Co-ordinator must: (i) (ii) (iii) (iv) (v) (vi) Co-ordinate victim empowerment support services between the sub- Forums; Ensure provision of direct trauma support and assistance to victims of crime and violence; Develop referral networks and procedures to ensure effective referral of victims to appropriate agencies. Liaise with the Sinoville Crisis Centre as and when required. Follow up with victims of crime and violence to determine whether they have received the necessary support from the Sinoville SAPS and the Sinoville Crisis Centre, including counselling. Assist victims of crime and violence in subsequent matters such as testifying in Court against alleged perpetrators. [Paragraph 7.6.8 deleted as a result of position of Victim Empowerment position being removed from Exco during amendments to Constitution accepted at Annual General Meeting held on 15/08/2015] 7.6.9 The Youth and School Safety Co-ordinator: The Youth Co-ordinator must: (i) (ii) Liase with the Substance Abuse Representatives of Sinoville SAPS and Metro to develop a joint Substance Abuse Education Program. In conjunction with School Safety Co-ordinator, liaise with schools within the Forum s area of jurisdiction as to their drug and alcohol abuse plans. 24
(iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) Attend joint meetings with School Safety Co-ordinator, Sinoville SAPS Sector Managers as appointed by the Sinoville SAPS Station Commander from time to time, Metro Representative, Sector Crime Prevention Officers and school principals to assist with the development, implementation and monitoring of education programs on substance abuse. Ensure intelligence relating to drug trafficking, drug abuse and alcohol usage amongst school pupils are gathered and consolidated. Attend the Quarterly Sub Committee on Schools Safety meeting with the Sub Sectors representatives. Present a Substance Abuse Overview at the Annual General Meeting. Present a Substance Abuse Overview at the Monthly Executive Committee Meeting. Create and Document an Annual Substance Abuse Education Plan which must be consistent with the needs of the Sub-Sectors and the SAPS Master Crime Prevention Plan. Inspect areas of concern within the specific sub-sector together with that specific Crime Prevention Officer to familiarize him/herself with the operational requirements before engaging Sinoville SAPS. Report all known Substance Abuse incidents to the School Safety Coordinator, Crime Prevention Officer and Chairperson of the Forum. Liaise with other Youth Desks of the neighboring Clusters to formulate a joint Substance Abuse Education Program. Present talks at local churches on the topic of Substance Abuse experienced in the cluster. Present Educational talks at schools and churches on the topic of Substance Abuse. [Heading of paragraph 7.6.9 amended to make provision for the change of the position of Youth to Youth and School Safety Co-ordinator during changes to Constitution accepted at Annual General Meeting held on 26 June 2014] 25
The Youth and School Safety Co-ordinator must also : (xiv) Liaise with schools within the SCPF borders as to their safety plans. (xv) Liaise with Sinoville SAPS and Metro Police regarding schools safety. (xvi) Attend joint meetings with Sinoville SAPS Sector Managers as appointed by the Sinoville SAPS Station Commander from time to time, Metro Representative, Sector Crime Prevention Officers and school principals to develop, implement and monitor school safety plans. (xvii) Ensure intelligence relating to drug trafficking, drug abuse and alcohol usage amongst school pupils are gathered and consolidated and communicate it to such school / principal if necessary. (xviii) Ensure intelligence relating to general school safety is gathered and consolidated. (xix) Chair a Quarterly Sub Committee on Schools Safety meeting with the Sub Sectors representatives. (xx) Present a School Safety Overview at the Annual General Meeting. (xxi) Present a School Safety Overview at the Monthly Executive Committee Meeting. (xxii) Create and Document an Annual School Safety Plan which must be consistent with the needs of the Sub-Sectors and the Sinoville SAPS Master Crime Prevention Plan. (xxiii) Inspect areas of concern within the specific sub-sector together with that specific Crime Prevention Officer to familiarize him/herself with the operational requirements before engaging Sinoville SAPS. (xxiv) Report all emergency School Safety Related matters to the Chairperson of the Forum. (xxv) Liaise with other School Safety Co-ordinators of the neighboring Clusters to formulate a joint Schools Safety Plan (xxvi) Assist with safety at school events at request. [Paragraph 7.6.9 and 7.6.10 combined into a new paragraph 7.6.9 during changes to Constitution accepted at Annual General Meeting held on 26 June 2014] 26
7.6.10 Training and Standards Co-ordinator and Control Room Controller The Training and Standards Co-ordinator and Control Room Controller is responsible for: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Training The development of a training and standards strategy for the Sinoville Community Police Forum that will guide and control the training delivery in all Sectors; Maintaining and supervising efficient administration of all training Developing additional training material, as and when required to meet the needs of the SCPF and its members Co-ordinate the training and certification of trainers to conduct controller, radio and patroller training within all sectors of the SCPF; Ensure that regular training sessions are conducted jointly between all sectors of the SCPF; If so required, provide training to SAPS and Metro Police Keep a database of all certified trainers; Keep attendance registers of all training sessions; Ensure that training equipment is taken care of and kept in a good serviceable condition; (x) (xi) (xii) (xiii) Standards The co-ordination of all training to be conducted within the Sinoville Community Police Forum, ensuring that all members are trained against a common standard; Establishing, maintaining reviewing and updating of standardized training material to be used by all sectors) Lead the development of and regular review and update of the Control Manual to be used by the different Sector Control Coordinators; Co-ordinate the development of and regular review and update of the Radio Usage training manual to be used by SCPF members in all Sectors; 27
(xiv) Co-ordinate the development of and regular review and update of the Patroller training manual to be used by SCPF members in all Sectors; (xv) (xvi) (xvii) (xviii) (xix) Control Room The establishment of a Central CPF Control Room that can be utilised by all sectors as a central command centre. The overall management of the Central CPF Control Room including the Joint Operations Centre; Co-ordinating all Central CPF Control Room activities when the Central CPF Control Room is operational. Co-ordinating and managing all Central CPF Control Room equipment. Ensuring that the Central Control Room is regularly inspected and all equipment is kept in a good and serviceable condition. (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) Other Ensure that a monthly Control Operator duty roster is developed for each Sector and made available to the EXCO and all Control Coordinators; Communication to Control Co-ordinators ensuring they are in possession of procedural guidelines and telephone numbers of SAPS, Emergency Services, Response Team Members and Victim Empowerment Councillors; Liaise with the SAPS, Metro Police and SCPF Patrollers on a regular basis regarding training and development of patrollers. Co-ordinate and interact with Sub-Forums within the Sinoville CPF area of jurisdiction in matters relating to Control members. Conduct quarterly meetings with all Sector s control co-ordinators Shall report on the state of training across sectors at the monthly EXCO management meeting 28
Introduction of a new paragraph 7.6.10 to make provision for the role of Training and Standards Co-ordinator and Control Room Controller with his / her duties during changes to Constitution accepted at Annual General Meeting held on 26 June 2014] 7.6.11 Criminal Justice System Co-ordinator The Criminal Justice System Co-ordinator must: (i) (ii) (iii) (iv) (v) (a) (b) (vi) (vii) Promote communication between SAPS Sinoville, the Forum and the community. Improve the rendering of police services to the community within its area; Improve transparency in the SAPS Sinoville and accountability of the SAPS Sinoville to the community; Promote joint problem identification and problem-solving by the SAPS Sinoville and the community. Act as liaison between the general public and the SAPS Sinoville to: Try and resolve queries on progress on cases reported to the SAPS Sinoville; Bring complaints by the general public against service delivery of the SAPS Sinoville to the attention of the SAPS Sinoville Management Develop and implement Police oversight programmes. Visit and inspect the SAPS Sinoville s buildings, vehicles, equipment, firearms, radios on a regular basis to ensure that the SAPS Sinoville is adequately equipped to perform their duties and whether such buildings, vehicles, equipment, firearms and radios are in working order and if not, to report on any deficiencies found to the Executive Committee and / or the Station Commander. 29
7.6.12 The Executive Committee may from time to time amend the roles, duties and functions of members of the Executive Committee as it deems necessary. [Paragraph 7.6.12 introduced with changes to Constitution accepted at Special General Meeting held on 28 November 2013] 8 PROCEDURE TO ELECT MEMBERS OF THE EXECUTIVE COMMITTEE 8.1 The procedure to elect members of the executive committee consists of two legs, namely: (i) the nomination of candidates, and (ii) the voting procedures. 8.2 The nomination of candidates 8.2.1 Any person who is a member of a sub-forum can be nominated for any position on the Executive Committee. 8.2.2 Any nominee can be nominated for more than one position on the Executive Committee. 8.2.3 Current Executive Committee members can be nominated for re-election, subject to the nomination process. 8.2.4 The Secretary of the Forum must give notice of an Election Meeting to the respective sub-forums in writing twenty-one (21) days before such Election Meeting. 8.2.5 The Election Meeting must take place no longer than seven days before an Annual General Meeting where office bearers are to be elected in terms of this Constitution. 8.2.6 Nominations for Executive Committee members close 72 hours before the date and time of the Election Meeting. 8.2.7 Only an original completed and signed nomination and acceptance form (Form SCPF 0001) will be acceptable for a nomination to be valid. 8.2.8 The nomination and acceptance form (Form SCPF 0001) must be completed and signed by all of the following: (i) The Chairperson of the sub-forum making the nomination; 30
(ii) (iii) A secondee; The nominee. 8.2.9 The Secretary of the Forum must inform the sub-forums of all nominations received in writing within 48 hours of the close of the nominations. No person nominated for specific position 8.2.10 Where no person is nominated for a specific Executive Committee position, the Electoral Officer must ask for nominations from the floor at that Election Meeting. 8.2.11 A person nominated from the floor as per paragraph 8.2.10 must be present at the Election Meeting and be seconded by any one of the eligible voters present at the meeting. 8.2.12 Persons nominated from the floor must accept the nomination and must sign the prescribed SCPF0001 form. 8.2.13 Nominated persons will follow the same voting procedures as per paragraph 8.3. 8.2.14 In the event of no nomination being received from the floor as per paragraph 8.2.10 above, the Executive Committee will have the power to co-opt any person, being a registered member of a sub-forum, to fill the relevant position for a period not exceeding 90 days. 8.2.15 Whilst occupying the position for which no nomination was received, such person will have the same voting rights as any other Executive Committee member. 8.2.16 The position for which no nominations have been received, must be advertised within 90 days after such Election Meeting where no nominations was received. Any such advertisement shall be done as per the provisions of Sections 10.2.4.1 and 10.2.4.2. One nomination received 8.2.17 Where only one person is nominated for a specific position on the Executive Committee, s/he will be automatically elected to such position and no vote will be taken. 31
8.3 Proceedings at the Election Meeting 8.3.1 The Secretary of the Forum must prepare a ballot paper for each position with the names of the persons nominated for the respective positions. 8.3.1.1 Ballot papers to be sequentially numbered and the number of ballot papers may not exceed the number of eligible voters. 8.3.2 The Station Commander of the SAPS Sinoville, or a person designated by him, or a person elected by the meeting shall be the Electoral Officer, provided that the person designated by the Station Commander of the SAPS Sinoville must be a Sinoville SAPS member and where a Electoral Officer is chosen by the meeting such person must be a registered member of a sub- Forum. 8.3.3 Voting shall take place by way of ballot, unless the meeting approve a vote by show of hands. 8.3.4 In case where the meeting approves a written ballot, each eligible voter shall receive a ballot paper for each position to be voted upon, which s/he must complete and place into the designated sealed receptacle which shall be under the control of the Electoral Officer at all times. 8.3.5 After all eligible voters have voted, the Electoral Officer shall declare the voting to be closed and the Electoral Officer will open the sealed receptacle containing the votes in full and open view of those present at the Election Meeting. 8.3.6 The Electoral Officer will count the votes and will write down the number of votes received by each candidate. 8.3.7 The Electoral Officer will ask an independent person to confirm the number of votes received by each candidate. 8.3.8 If the counts of the Electoral Officer and the said independent person agree, the Electoral Officer will make the number of votes received by each candidate known. 8.3.9 If the counts of the Electoral Officer and the said independent person does not agree, the Electoral Officer and the said independent person agree will recount the votes until their counts agree. 8.3.10 The nominee with the most votes is automatically appointed to the relevant Executive Committee position. 32