Constitution
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FRIENDS OF CHINTSA CONSTITUTION OF THE FRIENDS OF CHINTSA ==
CLAUSE 1 - NAME
The group shall be known as the Friends of Chintsa (abbreviated to Friends)
CLAUSE 2 – OBJECTIVES
The WESSA Friends of Chintsa aims to act as a support group for the local natural and social environment of the greater Chintsa Region.
2.1 The WESSA Friends of Chintsa acknowledges and agrees that it will work in accordance with the Basic Principles of Friends Groups statements.
CLAUSE 3 - MODUS OPERANDI
3.1 The WESSA Friends of Chintsa undertakes to become an Affiliate Member of WESSA (registered as a member of WESSA’s Friends Scheme) and to renew its membership annually.
3.2 The WESSA Friends of Chintsa undertakes to maintain regular contact with WESSA and to send copies of any written reports and Committee minutes to the WESSA Region.
3.3 The main area of interest (footprint) of the WESSA Friends of Chintsa will be focused in and around the Chintsa area where members reside. Provision can be made for the WESSA Friends of Chintsa to participate in projects and activities outside this footprint if the committee deems it appropriate.
CLAUSE 4 - LEGAL PERSONALITY
4.1 The Friends of Chintsa shall be a legal person with perpetual succession independent of its member or office bearers and may act as lawful plaintiff and defendant under this designation.
4.2 The Friends of Chintsa will continue its existence even when its membership changes and there are different office bearers.
4.3 Friends of Chintsa may not singularly institute or defend legal action in the name of WESSA. Sanction for WESSA is required prior to any legal action being taken.
4.4 The Friends of Chintsa may acquire own and alienate movable and immovable property and may perform all such acts that legal persons are entitled to perform.
4.5 Notices and other documents of the Friends of Chintsa shall be deemed to be properly served if served as such by the secretary or treasurer.
CLAUSE 5 - INCOME AND PROPERTY
5.1 The Friends shall keep a proper set of accounts and submit a financial statement at each AGM. If the income and/or assets of the group exceed R 50 000 the statements shall be audited, and a copy shall be submitted to WESSA within 30 days of the AGM.
5.2 Members or office bearers of the Friends do not have any rights over the assets.
5.3 The Friends shall not give any of its money to its members or office bearers. The only time it can do this is when it pays for work that a member or office bearer has done for the organisation. The amount must be reasonable for the work that has been done.
5.4 A member of the Friends can only claim money back from the Friends for expenses that he or she has incurred on behalf of the organisation.
5.5 Funds of the Friends shall be invested with registered financial institutions. These institutions are explained in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984, as amended. The Friends may approach different financial institutions for advice on the most effective way to manage its funds.
5.6 The Friends will administer wholly all monies accruing to the group.
5.7 The Friends may levy an annual subscription to cover administration costs. Alterations to this amount must be ratified at the next AGM.
5.8 The Friends may collect monies from members and the general public.
CLAUSE 6 – MEMBERSHIP
6.1 Membership to the WESSA Friends of Chintsa is for any person or persons with an interest in conservation and social upliftment.
6.2 Membership to the WESSA Friends of Chintsa is donation based with a minimum donation of R10.
CLAUSE 7 - MANAGEMENT
7.1 A management committee will manage the organization. The persons comprising the committee are the office-bearers of the organization.
7.2 The management committee may take on the power and authority that it believes it needs to be able to achieve the objectives of the organization.
7.3 The management committee shall consist of a minimum of seven members elected by a majority vote at the Annual General Meeting.
7.4 The management committee has authority to fill any vacancy in their midst and the period of the resultant appointment shall be valid until the re-election of the management committee.
7.5 The term of office for Office bearers is one year. Re-elections is held every year. There is no maximum term of office.
7.6 The committee has the power to make a vote of no confidence against a committee member. The decision must be unanimous. The office bearer will have to vacate the position when a vote of no confidence is given against the said office bearer.
CLAUSE 8 - MEETINGS
8.1 Annual General meeting of members
8.1.1 Friends of Chintsa undertake to hold an annual general meeting (AGM) soon after the financial year-end.
8.1.2 Notice of the AGM shall be given to each member not less than 14 days beforehand, and shall include a reminder about nominations for office bearers.
8.1.3 The Chairperson or the appointee shall preside.
8.1.4 Nominations of office-bearers should be submitted in writing to the secretary at least ten days before the AGM, giving proposer, seconder and the written agreement of the nominee. 8.1.5 The following business shall be transacted at the AGM:
• Presentation of the chairpersons annual report
• Presentation of the financial statements
• Discussion and formal acceptance of these reports
• Election of committee
• Any other business that the chairperson, at his/her discretion, may allow.
8.1.6 Each member in good standing shall have one vote.
8.1.7 A quorum will constitute of not less that 50% plus 1, by prior arrangement a proxy vote is acceptable.
8.2 General meeting of members
8.2.1 Any member in good standing may request a general meeting.
8.2.2 Each member in good standing shall have one vote.
8.2.3 A quorum will constitute of not less that 50% plus 1, by prior arrangement a proxy vote is acceptable.
8.3 The Management Committee
8.3.1 The management committee shall hold at least two ordinary meetings each year.
8.3.2. At such a meeting half of the management committee plus one shall constitute a quorum.
8.4 Special meetings and procedure for meetings
8.4.1 The secretary shall convene a special meeting on receipt of a request to that effect signed by the chairperson or two members of the management committee, specifying any resolution(s) proposed or other business to be discussed. Notice should be received at least 14 days in advance.
8.4.2 If the chairperson is absent, the members shall elect a chairperson for the meeting from among the other members of the management committee present. This must be done before commencement of the meeting.
8.4.3 The management committee may, if it deems it necessary, form or appoint sub-committees for special or general purposes. Sub-committees shall consist of a minimum of three persons and must report back to the management committee on a regular basis. 8.4.4 Minutes of all meetings shall be kept safely and always be on hand for members to consult.
CLAUSE 9 - FINANCIAL YEAR
9.1 The financial year shall be from 1 March to 28 February of every year.
9.2 Upon termination of his/her term of office, the treasurer shall hand over to the newly elected treasurer a set of properly checked books.
CLAUSE 10 - AMENDMENT OF THE CONSTITUTION
The constitution may be amended at any general meeting by a majority of votes of the members present who are entitled to vote.
CLAUSE 11 - DISBANDMENT OF THE ASSOCIATION
In the event of the cessation of the existence of the Friends of Chintsa group, or the proposed dissolution of that group, all assets not already committed for use in the said social and natural environment shall be entrusted to the WESSA Regional Committee until the group is reconstituted. Should the decision be that the group not be reconstituted, such assets shall be used in the project/geographical area/subject for which they were originally raised.
CLAUSE 12- INTERPRETATION OF THE CONSTITUTION
If any uncertainty should arise as to the meaning or interpretation of the constitution, the chairperson shall act as arbiter in deciding the meaning or interpretation of the clause(s) concerned. The decision of the chairperson shall be sufficient and binding for all concerned.
