2. Body corporate
The
Organisation Shall:
§ Be registered as a Non
Profit Company in terms of section 14 of the Companies Act, 2008.
§ Exist in its own right,
separately from its members.
§ Continue to exist even
when its membership changes and there are different office bearers.
§ Be able to own property
and other possessions.
§ Be able to sue and be
sued in its own name.
3. Aim
To provide security
services to the residence of Surrey Estate, Greenhaven, Portavue Vanguard and
Primrose Park.
4. Objectives
The organization will
fulfill the aim by:
·
Registration
to the Private Security Regulatory Authority (PSIRA).
·
Alleviating unemployment through employment
opportunities.
·
Conducting business within the security industry.
·
To encourage the community to work in close co-operation
with the South African Police Services (SAPS) and other structures such as
local
authorities who are involved in community safety and security.
·
To unite a diverse residency in creating a stable and
crime free environment.
·
Providing security to the residents, businesses,
organizations and institutions in Surrey Estate, Greenhaven, Portavue, Vanguard
and
Primrose Park
·
Create a secure and safe environment for residents to
enjoy the amenities the area has to offer.
·
To raise funds and receive contributions where appropriate
to finance its’ operation.
·
To publicise and promote a safer community.
·
Open bank accounts.
·
Make rules and standing orders for categories of members,
staff and their rights.
·
Take out insurance.
·
Organise meetings, training courses and events.
·
Work with similar groups and exchange information and
advice with them.
·
Establish working relations with the South African Police
Services and Local Community Policing Forum.
·
Take any action that is lawful, which would help it to
fulfil its aims.
5. Income and Property
5.1 The
organisation will keep a record of everything it owns.
5.2 The
organisation may not give any of its money or property 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 payment must be a reasonable
amount for the work that has
been done.
5.3 A member
of the organisation can only get money back from the organisation for expenses
that she or he has paid for or on behalf of
the organisation. Receipts must be produced for this.
5.4 Members
or office bearers of the organisation do not have rights over things that
belong to the organisation.
6. Membership
6.1 Membership to SENP shall
be open to anyone willing to pay a monthly contribution or clients interested
in helping the group to achieve its
aim and willing to abide by the rules of
the group.
6.2 Every member shall
have one vote at general meetings.
6.3 The Management
Committee shall have the power to refuse membership to an applicant, where it
is considered such membership would
be detrimental to the aims, purposes or
activities of the group.
6.4 Registration and
termination of membership.
*Any member of the
association may resign his/her membership and any representative of a member
organisation or section may resign
such position, by giving to the secretary of
the association written notice to that effect.
*The Management
Committee may, by resolution passed at a meeting thereof, terminate or suspend
the membership of any member, if in
its opinion his/her conduct is prejudicial
to the interests and objects of the association, PROVIDED THAT the individual
member or
representative of the member organisation (as the case may be) shall
have the right to be heard by the General Committee before the final
decision
is made. There shall be a right of
appeal to an independent arbitrator appointed by mutual agreement.
7. Management
7.1 SENP shall be
administered by a Management Committee of not less than three (3) people and
not more than ten (10) members elected at
the group’s Annual General Meeting. Committee Members must be at least 18 years
old.
7.2 The officers of the
Management Committee shall be:
The Chairperson
The Vice-Chairperson
The Treasurer
The Secretary
and such other
officers the group shall deem necessary at the meeting.
7.3 At least 3 officers to
be registered with the Private Security Regulatory Authority (PSIRA).
7.4 At least five (5) Management Committee
members must be present for the Management Committee meeting to take place.
7.5 Voting at Management
Committee meetings shall be by show of hands on a majority basis. If there is a tied vote then the chairperson
shall l have a second vote.
7.6 Power to set up
sub-groups and working parties as deemed necessary who shall be accountable to
the committee.
7.7 Office
bearers will serve for 3 years, but they can stand for re-election for another
term in office after that. Depending on what kind of services
they give to the
organisation, they can stand for re-election into office again and again. This
is as long as their services are needed and they
are ready to give their
services.
7.8
The Annual General Meeting, if it sees fit, may elect a President.
A President of the SENP need not
be a member of the SENP. A President may
attend general meetings of
the SENP but shall not be entitled to vote. Any person proposed as President
must be informed of the proposal in
writing not less than fourteen days
before any Annual General Meeting and must agree to accept such proposal.
8. Powers of the Organisation
8.1 The Management Committee may
take on the power and authority that it believes it needs to be able to achieve
the objectives that are
stated in clause 2 of this constitution. Its activities
must abide by the law.
8.2 The Management Committee has the power and authority to raise
funds or to invite and receive contributions.
8.3 The Management
Committee has the power to buy, hire or exchange for any property that it needs
to achieve its objectives.
8.4 The Management
Committee has the right to make by-laws for proper management, including
procedure for application, approval and
termination of membership.
8.5 Members
or office bearers do not become liable for any of the obligations and
liabilities of the organisation solely by virtue of their status as
members or
office bearers of the organisation.
8.6 Office
bearers are not personally liable for any loss suffered by any person as a
result of an act or omission which occurs in good faith while
the office bearer
is performing functions for or on behalf of the organisation.
8.7 The
function of the organisation is to fulfill the objectives set out in clause 2.
9. Finance
9.1 Any money obtained by the organization shall
be used only for the group.
9.2 Any bank accounts
opened for the group shall be in the name of the group.
9.3 Any cheque issued
shall be signed by at least two of any three nominated signatures.
9.4 The Management
Committee will ensure that the group stays within the budget.
9.5 An
accounting officer shall be appointed at the annual general meeting. His or her
duty is to audit and check on the finances of the
organisation.
9.6 The
treasurer’s job is to control the day to day finances of the organisation. The
treasurer shall arrange for all funds to be put into a bank
account in the name
of the organisation. The treasurer must also keep proper records of all the
finances.
9.7 Whenever
funds are taken out of the bank account, the chairperson and at least two other
members of the organisation must sign the
withdrawal or cheque.
9.8 The
financial year of the organisation ends on 28 February.
9.9 The
organisation’s accounting records and reports must be ready and handed to the
Director of Non-profit Companies within six months
after the financial year
end.
9.10 If the
organisation has funds that can be invested, the funds may only be invested
with registered financial institutions. These institutions
are listed in
Section 1 of the Financial Institutions (Investment of Funds) Act, 1984. Or the
organisation can get securities that are listed on
a licensed stock exchange as
set out in the Stock Exchange Control Act, 1985. The organisation can go to different
banks to seek advice on
the best way to look after its funds.
9.11 Funds
may be used for operational cost including materials, equipment, furniture, hire of materials, salaries for work done,
sponsorship,
books, food, accommodation, travelling expenses and security measures.
10. Committee Meetings
10.1 The committee shall
meet at least four (4) times each year.
10.2 The quorum for a
meeting shall be five (5).
10.3 The committee shall be
accountable to the members at all times.
10.4 All meetings must be
minuted and be available to any interested party.
10.5 All committee members
shall be given at least seven (7) days’ notice of a meeting unless it is deemed
an emergency meeting.
11. General
Public Meetings
11.1 The committee shall
call at least one (1) general public meeting each year. The purpose of this meetings
is for the group to account for its
actions and consider the regeneration and
development of strategies to further its aims and objectives.
11.2 The Chairperson of the
organization shall normally chair these meetings.
11.3 At least fourteen (14)
days’ notice of such a meeting must be given and advertised in at least five
(5) public places.
11.4 All meetings,
including AGMs, must be minuted and available to any interested party.
11.5 The quorum for a
General Meeting is ten (10).
12. Annual
General Meeting
12.1 The SENP shall hold an
Annual General Meeting (AGM) at no more than 11 month intervals. (Financial
year ends)
12.2 Where possible members
shall be notified personally, otherwise notice will be deemed served by
advertising the meetings in at least one
public place giving at least 14 days’
notice of the AGM.
12.3 The business of the
AGM shall include:
* Receiving
a report from the Chairperson of the organizations activities over the year.
* Receiving
a report and presentation of the last financial year’s accounts from the
Treasurer on the finances of the group.
* Electing
a new Management Committee and considering any other matter as may be
appropriate at such a meeting.
12.4 The quorum for Annual
General Meeting shall be at least twenty (20) persons of which no more than
four (4) shall be committee members.
13. Amendments
and Alteration of the Constitution
13.1 Proposals for
amendments to this constitution or dissolution (see Clause 12) must be
delivered to the secretary in writing.
The secretary in
conjunction with all other officers shall then decide
on the date of a forum meeting to discuss such proposals, giving at least four
weeks
(28 days) clear notice.
13.2 Any
changes to this constitution must be agreed by at least two thirds of those
members present and voting at any general meeting.
13.3 A written notice must go out not less than
fourteen (14) days before the meeting at which the changes to the constitution
are going to
be proposed. The notice must indicate the proposed changes to the
constitution that will be discussed at the meeting.
13.4 Two thirds of the members shall be present at a
meeting (“the quorum”) before a decision to change the constitution is taken.
Any
annual general meeting may vote upon such a motion, if the details of the
changes are set out in the notice referred to in (c)
14. Dissolution
The
group may be wound up at any time if agreed by two thirds of those members
present and voting at any general meeting.
Any assets
shall be returned to their providers, if they require it, or
shall be passed to another group with similar aims.
When
the organisation closes down it has to pay off all its debts. After doing this,
if there is property or money left over it should not be paid
or given to
members of the organisation. It should be given in some way to another
non-profit organisation that has similar objectives. The
organisation's general
meeting can decide what organisation this should be.
15. Correspondence
The address of the organization will be
51 Pluto Road Surrey Estate Athlone 7764
SIGNED BY THE FOLLOWING
Signed at
……………………………….….. on the …………………………………. 2016