Boundary Crossing ' s constitution

CONSTITUTION
Registration number: 2008 / 002494 / 08

Contact Person:

Mpho Putu (, BA, Bed, M. P&DM )
Director
Boundary Crossing
P.O.Box 1224
Mondeor
2110
Gauteng

Email: mphoputu@mweb.co.za
Mobile: 084 836 0966


1. NAME

1.1 The organisation hereby constituted will be called BOUNDARYCROSSING COMMUNITY ORGANISATION.

1.2 The organisation shall:
• 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

2. OBJECTIVES

2.1 The organisation’s main objective is: to empower disadvantaged citizens and communities towards social change by creating and facilitating new approaches to learning and education, encouraging participatory democracy, developing citizen leadership and tackling the HIV and AIDS pandemic.

2.2 The organisation’s secondary objectives will be to:

To promote and strengthen democracy and participatory governance in local communities,
To work on gender and gender mainstreaming through research, training and advocacy
To increase the numbers of people in communities having a sustainable livelihood, access to essential services, equal rights and status, and physical security
To contribute to citizen leadership development

3. INCOME AND PROPERTY
3.1 The organisation will keep a record of everything it owns.

3.2 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 bearers has done for the organisation. The payment must be a reasonable amount for the work done.
3.3 A member will only get the money back from the organisation for expenses that he or she has paid for or on behalf of the organisation.

3.4 Members or office bearers of the organisation do not have rights over properties that belong to the organisation.

4. MEMBERSHIP AND GENERAL MEETINGS

4.1 Membership of the organisation is open to anyone willing to serve the interests of the organisation.

4.2 Members of the organisation must attend its annual general meetings. At the annual general meetings members exercise their right to determine the policy of the organisation.
4.3 The Management Committee may admit further members from time to time:

1. Subject to due compliance with any conditions of membership (including payment of any membership fees) which the Management Committee may stipulate from time to time; and
2. The Management Committee may suspend or terminate the membership of any member provided that:
• At least (14) fourteen days prior written notice is given to all members of the Management Committee of the intention to terminate a membership; and
• At least (14) fourteen days prior written notice is given to the member concerned. The notice shall invite the member to make written or verbal representations to the meeting as the member may consider appropriate.
• The decision of the Management Committee to admit an applicant to membership, or to suspend or terminate a membership shall lapse unless confirmed by a resolution of two thirds of the members of the Association present at the next General Meeting.
• Neither the Management Committee nor the Association
• shall be required to give reasons for their decisions with respect to membership

5. MANAGEMENT
5.1 The Management Committee
The management committee will be made up of not less than 6 members. They are the office bearers of the organisation.

5.2 Powers
• The affairs of the Association shall be controlled and managed by the Management Committee. Subject to the terms of this constitution and to the resolutions of members in General Meeting, the Management Committee may exercise all the powers of the Association.
• In General Meeting, the organisation may review, approve or amend any decision taken by the Management Committee but no such resolution of the organisation shall invalidate any prior action taken by the Management Committee in accordance with the provisions of this Constitution.
5.3 Office bearers will serve for one year, 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 again and again. This is so long as their services are needed and they are ready to give their services.

5.4 If a member of the management does not attend three management committee meetings in a row, without having applied for and obtaining leave of absence from the management committee, then the management committee will find a new member to take that person’s place.

5.5 The committee will meet at least once a month. More than half of members need to be at the meeting to make decisions that are allowed to be carried forward. This constitutes a quorum.

5.6 Minutes will be taken at every meeting to record the management committee’s decisions. The minutes of each meeting will be given to the management committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the management committee, and shall thereafter be signed by the chairperson.

5.7 The organisation has the right to form sub-committees. The decision that sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its next meeting. This meeting should take place soon after the sub- committee’s meeting. By agreeing to decisions the management committee ratifies them.

5.8 All members of the organisation have to abide by decisions that are taken by the management committee.

5.9 Election

The members of the first Management Committee shall be elected at the General Meeting at which this Constitution is adopted, and shall hold office until the first Annual General Meeting after such appointment, when all of them shall resign. At the first Annual General Meeting, a new Management Committee shall be elected. Thereafter, a new Management Committee shall be elected at each succeeding Annual General Meeting.

6. POWERS OF ORGANISATION

The management of the organisation may take power and authority that it believes it needs to be able to achieve the objectives that stated in point number 2 of this constitution. Its activities must abide by the law.

6.1 The management committee has the power and authority to raise funds or to invite and receive contributions.

6.2 The management committee does, however, have the power to buy, hire or exchange for any property that it needs to achieve its objectives.

6.3 The management committee has the power to make by-laws for proper management, including procedure for application of membership.

6.4 The organisation will decide on the powers and functions of the office bearers.

7. Composition

The Management Committee shall comprise at least 6 but not more than 10 members. The membership of the Management Committee shall comprise:

• the Chairperson;
• The Vice-Chairperson;
• the Treasurer
• The Secretary;
• at least three (3) other persons.

7.1 The Management Committee may co-opt up to three additional non-voting members as it may consider appropriate from time to time. The co-opted members shall serve for such period as the Management Committee considers appropriate.

7.2 Management Committee Member Vacating Office, The office of a Management Committee member shall be vacated if a member:
• Resign
• would be disqualified, in terms of the Companies Act or equivalent legislation in force from time to time, from acting as a Director of a Company; or
• is removed by the Management Committee, by resolution adopted by at least three-quarters (3/4) of its members in office from time to time, being not less than the required minimum of 3. The Management Committee shall not be obliged to furnish reasons for its decision/s regarding removal except to the member removed and to the members of the Association in General Meeting.
7.3 Should a position on the Management Committee fall vacant, the Management Committee, by resolution adopted at least two-thirds (2/3) of its members, may (and if the vacancy reduces the number of members to less than seven [7], shall) co-opt a member/s to fill the vacancy/ ies. The office of any person so co-opted as member of the Management Committee shall lapse unless confirmed by resolution of members at the next General Meeting.
7. 4. Procedure at Management Committee Meetings
The Management Committee shall conduct its meetings and regulate its proceedings as it finds convenient, provided that:
• The Chairperson, or in his or her absence, the Vice-Chairperson, shall chair all meetings of the Management Committee which he or she attends. In the absence of the Chairperson and the Vice-Chairperson, the remaining members of the Management Committee shall elect a chairperson from those attending.
• The Chairperson shall convene a meeting of the Management Committee, monthly and at the written request of any two (2) members of the Management Committee and may convene such a meeting at any other time.
• The quorum necessary for the transaction of any business by the Management Committee shall be two-thirds (2/3) of the Management Committee members serving at any given time.
• At meetings of the Management Committee each member shall have one (1) vote. When necessary, the management committee will vote on issues. If the votes are equal on an issue, then the chairperson has either a second or deciding vote.
• Questions arising shall be decided by a majority of votes. Should there be an equality of votes the Chairperson shall have a casting or second vote. Proper minutes shall be kept of the proceedings of the Management Committee, and a record of the persons present at each meeting. The minutes shall be signed by the member who chairs the meeting, and shall be available at all times for inspection or copying by any member of the Management Committee, and on two (2) days’ notice to the Secretary or his or her deputy, by any member of the Association.
• A resolution signed by all members of the Management Committee shall be as valid as if passed at a duly convened meeting of the Management Committee.
7.5 The Management Committee may delegate any of its powers to any of its members, or to a special purpose committee. The member, committee, employee or agent to whom such delegation is made shall conform to any regulations and procedures that may be stipulated by the Management Committee from time to time.
7,6 The Management Committee may appoint a Chairperson and other officers and employees as it may consider necessary from time to time upon such terms and conditions as it may consider appropriate.

7.7 If the management committee 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. There must be at least three people on a sub-committee. The sub-committee must report back to the management committee on its activities. It should do this regularly.

8. ANNUAL GENERAL MEETING

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.
• Treasure’s report.
• Changes to the constitution that members may want to make.
• Elect new office bearers.
• General.
• Close the meeting.

9. FINANCE

9.1 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

9.2 Bank Account
The Management Committee shall open a bank account in the name of the organisation with a registered Bank or Building Society. The Management Committee shall ensure that all monies received by the organisation are deposited in the abovementioned bank account as soon as possible after receipt.

9.3 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.

9.4 Signatures
All cheques, promissory notes and other documents requiring signature on behalf of the organisation shall be signed by two (2) of the Management Committee members.
9.5 The financial year of the organisation ends on 31 March of each year.

9.6 The organisation’s accounting records must be ready and handed to the Director of Nonprofit Organisations within six months after the financial year end.

10. CHANGE OF CONSTITUTION

10.1 The constitution can be change by the resolution. The resolution has to be agreed upon and passed by not less than two thirds of the members who are at the annual general meeting or special general meeting. Members must vote at his meeting to change the constitution.

10.2 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 notion, if the details of the changes are set out in the notice referred to in 8 bullet three.

10.3 A written notice must go out not less than 14 days before the meeting at which the changes of the constitution are going to be proposed. The notice must indicate the proposed changes to the constitution that will be discussed at the meeting.

10.4 No amendments may be made which would have the effect of making the organisation cease to exist.

11. DISSOLUTION/WINDING UP

11.1 The organisation may close down if at least two thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favour of closing down.

11.2 When the organisation closes down it has to pay off all its debts. After doing this, if there is property or money leftover it should not be paid or given to members of the organisation. It should be given in some way to another nonprofit organisation that has similar objectives. The organisation’s general meeting can decide what organisation this should be.