Saturday, September 26, 2009
FECM CONSTITUTION
Eduardo Chivambo Mondlane Children’s Foundation
(FECM)
“We are actively pursuing the lost, the forgotten, and the poor to show them love. We stand ready with one heart, saying, "I will serve others and show them the hope they can have in this world."
(FECM)
“We are actively pursuing the lost, the forgotten, and the poor to show them love. We stand ready with one heart, saying, "I will serve others and show them the hope they can have in this world."
Constitution
Name
1.1 The name of the organization hereby constituted will be called the Eduardo Chivambo Mondlane Children’s Foundation
1.2 It’s shortened name will be (FECM)
Body Corporate
The organization 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.
Objectives
· The organization’s main objectives are:
3.1 To feed the needy children.
3.2 To provide medical attention.
3.3 To create a safe environment for the children in our different communities.
3.4 To build pre-schools and provide pre-school education in South Africa and to Africa as a whole.
· The organization’s secondary objectives will be:
3.5 To promote the name Eduardo Chivambo Mondlane (Keeping it alive amongst the new generation in South Africa and Africa as a whole).
3.6 To build museums in South Africa and in Africa in honour of our hero Dr. Eduardo Chivambo Mondlane.
3.7 To have a Dr. Eduardo Chivambo Mondlane lecture day in our universities in South Africa and the world in honour of him.
3.8 To promote the culture and pride of the Makhambane people.
3.9 To write books about the Makhambane tribe and about Dr. Eduardo Chivambo Mondlane.
Income and property.
4.1 The organization will keep records of everything it owns.
4.2 The organization may not give off its money or property to its members or office bearers. The only time it can do this is when it pays for work that the member or office bearer has done for the organization. The payments must be reasonable amount for the work that has been done.
4.3 Members or office bearers of the organization do not have rights over things that belong to the organization.
Membership
5.1 If a person wants to become a member of the organization, she or he will have to attend the organization’s activities regularly. He or she must also ask the organization’s management committee. The organization has a right to say no.
5.2 Members of the organization must attend its general annual meetings. At the general annual meetings members exercise their right to determine the policy of the organization.
5.3 Membership fee will be decided by the management committee.
Management
6.1 A management committee will manage the organization. The management committee will be made up of not less than 5 (five) members: being the
· Chairperson
· Vice Chairperson
· Secretary
· Assistant Secretary
· Treasurer
· Assistant Treasurer
6.2 Office bearers, will serve for three years, but can stand for re-election for another term in office after that. Depending on what kind of services they give to the organization, they can stand for re-election into office again and again. This is so long as their services are needed and they are ready to give their services.
6.3 If a member of the management committee does not attend three management 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.
6.4 The management committee will meet at least once a month. More than half of its members need to be at the meeting to make decisions that are allowed to be carried forward. This constitutes a quorum.
6.5 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.
6.6 The organization has a right to form sub-committees. The decisions that the 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 committees ratifies them.
6.7 All members of the organization have to abide by the decisions that are taken by the management committee.
Powers of the organization
7.1 The management committee has a role to ensure that membership fee is paid to join the organization.
7.2 The organization has power to invite and to receive contributions.
7.3 The organization has the power to make the laws for proper management of the organization.
7.4 Organization will decide on the powers and functions of the office bearers.
Meetings and procedures of the committee
8.1 The management committee must hold at least four ordinary meetings each year.
8.2 The chairperson, or two members of the committee can call a special meeting if they want to. But they must let the other management committee members know the date of the proposed meeting not less than 4 days before it is due to take place. They must also tell the other members of the committee which issues will be discussed at the meeting. If, however, one of the matters to be discussed is to appoint a new management committee member, then those calling the meeting must give the other committee members not less than 45 days notice.
8.3 The chairperson shall act as the chairperson of the management committee. If the chairperson does not attend a meeting, then members of the committee who are present choose which one of them will chair that meeting. This must be done before the meeting starts.
8.4 There shall be a quorum whenever such a meeting is held.
8.5 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 a deciding vote.
8.6 Minutes of all meetings must be kept safely and always be on hand for members to consult.
8.7 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.
Annual general meetings
The annual general meeting must be held once every year, towards the end of the organization’s financial 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.
10. Finance
10.1 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 organization.
10.2 The treasurer’s job, assisted by the assistant treasurer is to control the day to day finances of the organization. The treasurer and his/her assistant shall arrange for all funds to be put into a bank account in the name of the organization. The treasurer must also keep proper records of all the finances.
10.3 Whenever funds are taken out of the bank account, the chairperson and at least two other members of the organization must sign the withdrawal or cheque.
10.4 The financial year of the organization ends on 30 September 2010.
10.5 The organization’s accounting records and reports will be ready and handed to the Director of Nonprofit Organization within six months after the financial year end.
10.6 The organization will be invested with registered financial institutions in terms of Section 1 of the Financial Institutions (Investment of Funds) Act, 1984.
11. Changes to the constitution
11.1 The constitution of FECM can be changed by a 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 this meeting to change the constitution.
11.2 Two thirds of the members must 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 8.3
11.3 A written notice must go out not less than thirty (30) 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.
11.4 No amendments may be made which would have the effect of making the organization cease to exist.
12. Dissolution / Winding-up
12.1 The organization 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.
12.2 When the organization 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 organization. It should be given in some way to another non-profit organization that has similar objectives. The organization’s general meeting can decide what organization this should be.
Name
1.1 The name of the organization hereby constituted will be called the Eduardo Chivambo Mondlane Children’s Foundation
1.2 It’s shortened name will be (FECM)
Body Corporate
The organization 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.
Objectives
· The organization’s main objectives are:
3.1 To feed the needy children.
3.2 To provide medical attention.
3.3 To create a safe environment for the children in our different communities.
3.4 To build pre-schools and provide pre-school education in South Africa and to Africa as a whole.
· The organization’s secondary objectives will be:
3.5 To promote the name Eduardo Chivambo Mondlane (Keeping it alive amongst the new generation in South Africa and Africa as a whole).
3.6 To build museums in South Africa and in Africa in honour of our hero Dr. Eduardo Chivambo Mondlane.
3.7 To have a Dr. Eduardo Chivambo Mondlane lecture day in our universities in South Africa and the world in honour of him.
3.8 To promote the culture and pride of the Makhambane people.
3.9 To write books about the Makhambane tribe and about Dr. Eduardo Chivambo Mondlane.
Income and property.
4.1 The organization will keep records of everything it owns.
4.2 The organization may not give off its money or property to its members or office bearers. The only time it can do this is when it pays for work that the member or office bearer has done for the organization. The payments must be reasonable amount for the work that has been done.
4.3 Members or office bearers of the organization do not have rights over things that belong to the organization.
Membership
5.1 If a person wants to become a member of the organization, she or he will have to attend the organization’s activities regularly. He or she must also ask the organization’s management committee. The organization has a right to say no.
5.2 Members of the organization must attend its general annual meetings. At the general annual meetings members exercise their right to determine the policy of the organization.
5.3 Membership fee will be decided by the management committee.
Management
6.1 A management committee will manage the organization. The management committee will be made up of not less than 5 (five) members: being the
· Chairperson
· Vice Chairperson
· Secretary
· Assistant Secretary
· Treasurer
· Assistant Treasurer
6.2 Office bearers, will serve for three years, but can stand for re-election for another term in office after that. Depending on what kind of services they give to the organization, they can stand for re-election into office again and again. This is so long as their services are needed and they are ready to give their services.
6.3 If a member of the management committee does not attend three management 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.
6.4 The management committee will meet at least once a month. More than half of its members need to be at the meeting to make decisions that are allowed to be carried forward. This constitutes a quorum.
6.5 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.
6.6 The organization has a right to form sub-committees. The decisions that the 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 committees ratifies them.
6.7 All members of the organization have to abide by the decisions that are taken by the management committee.
Powers of the organization
7.1 The management committee has a role to ensure that membership fee is paid to join the organization.
7.2 The organization has power to invite and to receive contributions.
7.3 The organization has the power to make the laws for proper management of the organization.
7.4 Organization will decide on the powers and functions of the office bearers.
Meetings and procedures of the committee
8.1 The management committee must hold at least four ordinary meetings each year.
8.2 The chairperson, or two members of the committee can call a special meeting if they want to. But they must let the other management committee members know the date of the proposed meeting not less than 4 days before it is due to take place. They must also tell the other members of the committee which issues will be discussed at the meeting. If, however, one of the matters to be discussed is to appoint a new management committee member, then those calling the meeting must give the other committee members not less than 45 days notice.
8.3 The chairperson shall act as the chairperson of the management committee. If the chairperson does not attend a meeting, then members of the committee who are present choose which one of them will chair that meeting. This must be done before the meeting starts.
8.4 There shall be a quorum whenever such a meeting is held.
8.5 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 a deciding vote.
8.6 Minutes of all meetings must be kept safely and always be on hand for members to consult.
8.7 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.
Annual general meetings
The annual general meeting must be held once every year, towards the end of the organization’s financial 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.
10. Finance
10.1 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 organization.
10.2 The treasurer’s job, assisted by the assistant treasurer is to control the day to day finances of the organization. The treasurer and his/her assistant shall arrange for all funds to be put into a bank account in the name of the organization. The treasurer must also keep proper records of all the finances.
10.3 Whenever funds are taken out of the bank account, the chairperson and at least two other members of the organization must sign the withdrawal or cheque.
10.4 The financial year of the organization ends on 30 September 2010.
10.5 The organization’s accounting records and reports will be ready and handed to the Director of Nonprofit Organization within six months after the financial year end.
10.6 The organization will be invested with registered financial institutions in terms of Section 1 of the Financial Institutions (Investment of Funds) Act, 1984.
11. Changes to the constitution
11.1 The constitution of FECM can be changed by a 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 this meeting to change the constitution.
11.2 Two thirds of the members must 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 8.3
11.3 A written notice must go out not less than thirty (30) 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.
11.4 No amendments may be made which would have the effect of making the organization cease to exist.
12. Dissolution / Winding-up
12.1 The organization 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.
12.2 When the organization 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 organization. It should be given in some way to another non-profit organization that has similar objectives. The organization’s general meeting can decide what organization this should be.
This constitution was approved and accepted members of the
Eduardo Chivambo Mondlane Children’s Foundation (FECM)
At a special (general) meeting held on
05th September 2009
At
Pretoria
(Chairperson)
(Vice Chairperson)
(Secretary)
(Secretary)
(Assistant Secretary)
(Treasurer)
(Treasurer)
(Assistant Treasurer)
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