Ba-Gamotlhware
The Association is a body corporate with its own legal identity which is separate from its office-bearers and members. The Association will continue to exist even if the members change.
Our network objectives include networking with similar groups, government department and organisations and private organisations and persons to achieve the above objectives.
1 Powers of the Organisation
The Board shall carry out the powers on behalf of the organisation and they shall manage the affairs of the organisation in accordance with the resolutions of the members as shall be taken from time to time at General Meetings of the organisation.
The Board is responsible for making decisions, and acting on such decisions, which it believes it needs to make in order to achieve the objectives of the organisation as stated in point number 2 of this constitution. However, such decisions and their activities may not be against the resolutions of the members or be against the law of the Republic of South Africa.
The Board shall have the general powers and authority to raise funds, make investments or to invite and receive contributions. buy, hire or exchange for any property that it needs to achieve its objectives. make by-laws for proper governance and management of the organisation. form sub-committees as and when it is necessary for proper functioning of the organisation.
If the Board thinks it is necessary, then it can decide to set up one or more sub-committees. It may decide to do this to get some work done quickly. Or it may want a sub-committee to do an inquiry, for example
2 Annual General Meetings
Stakeholders of the organisation must attend its annual general meetings.
The purpose of an Annual General Meeting (AGM) is to: Report back to stakeholders from the Office Bearers on the achievements and work of over the year. Make any changes to the constitution.
Enable members to decide on the policies of the organisation members
The annual general meeting must be held once every year, towards the end of the organisation’s financial year.
The organisation should deal with the following business, amongst others, at its annual general meeting:
Agree to the items to be discussed on the agenda. Write down who is there and who has sent apologies because they cannot attend. Read and confirm the previous meeting’s minutes with matters arising. Chairperson’s report. Treasurer’s report. Changes to the constitution that members may want to make. Elect new office bearers. General. Close the meeting.
3 Notices of Meetings
The Chairperson of the Board shall convene meetings. The Secretary must let all Board members know the date of the proposed meeting within a reasonable time, but not less than seven (7) days, before it is due to take place.
However, when convening an AGM, or a Special General Meeting, all members of the organisation must be informed of the meeting no less than fourteen (14) days before such a meeting.
Notices for all meetings provided for in this constitution must be given to relevant members in writing, either personally, by post or electronic communication or whichever manner it is convenient, to the address or other similar particulars provided by the members.
The notices for all meetings must indicate the reasons for the meeting and the matters that will be discussed in the meeting.
For confirmation of delivery, all notices sent to members at the latest known contact details shall be deemed to have been duly served on members, unless it can be proven otherwise.
All members present in person at any meeting shall be deemed to have received notice of such meeting.
4 Quorums for Meetings
Quorums for all meetings of the organisation shall be a simple majority (50% + 1) of relevant members who are expected to attend
However, for the purpose of considering changes to this constitution, or the dissolution of the organisation, then a two thirds (⅔) of the members shall be present at a meeting to make a quorum before a decision to change the constitution is taken.
All meetings of the organisation must reach a quorum before they can start.
If, however a quorum is not present within fifteen minutes of the appointed time of the meeting, the meeting must be adjourned or postponed to another date, within fourteen days thereafter.
If no quorum is present at the reconvened meeting within fifteen minutes of the appointed time, the members present shall be regarded to make up a quorum for that meeting and the meeting will continue as if a quorum is present.
5 Income And Property
The organisation will keep a record of everything it owns.
The organisation may not give any of its money or property to its members or the Board. The only time it can do this is when it pays for work that an Office Bearers or member has done for the organisation. The payment must be a reasonable amount for the work that has been done.
The Board or 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, and for which authorisation has been granted.
The Board or members of the organisation do not have rights over things that belong to the organisation.
No membership fees will be charged.
The activities of the organisation are carried on in a non-profit manner and with an altruistic or philanthropic intent.
No activity will directly or indirectly promote the economic self-interest of any fiduciary or employee of the organisation otherwise than by way of reasonable remuneration.
The funds of the public benefit organisation will be used solely for the objects for which it was established.
No funds will be distributed to any person (other than in the course of undertaking any public benefit activity).
The public benefit organisation will not be a party to, or does not knowingly permit, or has not knowingly permitted, itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would have become payable by any person under this Act or any other Act administered by the Commissioner;
No resources will be used, directly or indirectly, to support advance or oppose any political party.
No remuneration will be paid to any employee, office bearer, member or other person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered and has not and will not economically benefit any person in a manner which is not consistent with its objects.
No donation will be accepted which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility thereof in terms of section 18A: Provided that a donor (other than a donor which is an approved public benefit organisation or an institution, board or body which is exempt from tax in terms of section 10(1)(cA)(i),which has such a motion, if the details of the changes are set out in the notice referred to in clause 6 of this constitution.
As provided for in clause 6, written notices 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.
No amendments may be made which would cause the organisation to close down or stop to function or die away.
A copy of all amendments to the constitution will be submitted to the Commissioner for the South African Revenue Service and the Department of Social Development
Our Board Members
