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NAME OF THE ORGANISATION
The name of the organisation shall be Child Welfare South Africa, herein after referred to as “CWSA”
2. DEFINITIONS
In this Constitution
2.1 “Child” shall mean a person under the age of 18 years.
2.2 “Child Welfare South Africa (CWSA)” is a unified body composed of structures and member organisations with a common objective to promote, protect and enhance the safety, well being and healthy development of children within the context of the family and community.
2.3 “CWSA Members” shall mean members in terms of the provisions of this constitution and who shall be non profit organisations with a common objective to protect and promote the development, interests, safety and well being of children within the context of family and community and to safeguard the rights of children.
2.4 “General Assembly” shall comprise representatives from all the components of CWSA including representatives from CWSA members and CWSA provincial and national structures.
2.5 A “Member-Specific Agreement” is an unique agreement which exists between CWSA and each CWSA member, which spells out the mutual expectations, roles and responsibilities in relation to each other and which is subject to regular bilateral review.
2.6 The “National Board” is the body established in terms of clause 17.1
2.7 “NPO” shall mean a non profit organisation registered in terms of the NPO legislation, its amendments and Regulations.
2.8 “Organisation” shall mean an organised public body of a voluntary nature with a constitution regulating its affairs.
2.9 “Provincial Assemblies” are the bodies established in terms of Clause 19.1
2.10 ”Provincial Boards” are the bodies established in terms of Clause 20.1
2.11 “Public Benefit Organisation (PBO)” shall mean an NPO that carries out one or more public benefit activities in terms of section 30(1) of the Income Tax Act (58 of 1962) and is exempt from Income Tax in terms of section 10 and/or has approval in terms of section 18A (donor deductibility) in terms of the said Act.
2.12 “Region” shall mean a geographic area and may include more than one province.
2.13 “Year” shall mean the financial year as provided for in Clause 22.2.1
3 OBJECT
The object of CWSA shall be to protect and promote the development, interest, safety and well being of children within the context of family and community and to safeguard the rights of children.
4 PRINCIPLES
CWSA shall:
4.1 accept as a primary consideration the fulfilment of the object of the CWSA in all policy and management decisions and efforts;
4.2 be voluntary by nature and this characteristic shall be reflected in its management;
4.3 remain non-governmental and independent;
4.4 confirm its belief in the dignity, diversity, equality and worth of all people;
4.5 be committed to developing and maintaining services which are accessible and relevant to the basic needs of children within the context of family and/or community;
4.6 be committed to providing services in a form and language which is acceptable to the communities served;
4.7 be committed to providing services which are affordable within the context of the need in this country.
4.8 emphasise preventive, promotive and developmental approaches in the planning and implementation of its services;
4.9 be committed to creating public awareness of children’s needs and rights and society’s responsibility to create a nurturing environment for them;
4.10 maintain structures, which ensure the devolution of power to provincial and local level;
4.11 commit itself to the broadest possible democratically representative base in its local, provincial and national structures;
4.12 promote community, volunteer, personnel and consumer participation in structures and services;
4.13 strive to uphold social justice, democracy and human rights;
4.14 not align itself with any particular ethnic group, political party or ideology;
4.15 remain accountable and transparent to its constituency and the public for its decisions and actions.
5 FUNCTIONS OF CWSA
5.1 In order to achieve its object, CWSA shall, to the extent possible:
(a) facilitate and work towards the strengthening, enabling and empowerment of its members and communities to develop appropriate services;
(b) serve its members by providing appropriate training and/or identifying resources for such training and/or linking its members with such resources;
(c) assess the need for child welfare services and facilitate planning by its members and communities to meet these needs;
(d) develop and advocate sound policies and minimum standards of services for children in the context of family and community;
(e) initiate, promote and support legislative and other measures designed to meet the needs and protect the rights of children;
(f) co-ordinate services within CWSA;
(g) co-operate with government and other organisations as the need may arise;
(h) seek, create and maintain national and international co-operation and networks with organisations of a similar nature;
(i) initiate and undertake fund-raising and public relations activities for CWSA, and where necessary, for its members and facilitate its members to undertake these functions for themselves;
(j) identify, investigate, assess and undertake research in respect of social and other conditions, deficiencies in services and legislation relevant to CWSA;
(k) compile statistical data and develop guidelines to facilitate planning and rendering of services and programmes relevant to the needs of the nation’s children and families;
(l) insofar as it is deemed necessary, co-operate and liaise with any organisation rendering services compatible with those of CWSA inside or outside the borders of the Republic of South Africa;
(m) take such other action and perform such other acts as may contribute towards the attainment of CWSA’s object.
6 AREA OF OPERATION
6.1 CWSA shall operate in the Republic of South Africa.
7 AREA OF FUNDRAISING
7.1 CWSA shall raise funds in the Republic of South Africa and internationally.
8 REGISTRATION
8.1 CWSA shall be registered in terms of all relevant legislation
9 STATUS
9.1 CWSA shall have full legal status and, therefore, the capacity to acquire rights and incur obligations, the capacity to conclude any juristic act and the capacity to sue or be sued in its own name.
9.2 All assets, funds and property of CWSA shall be held or registered in the name of CWSA and no member or office-bearer shall have any rights to property or other assets of the CWSA solely by virtue of them being members or office -bearers.
9.3 CWSA shall have the right to challenge any infringement or threat to any inalienable right of any child in a competent court of law. CWSA may apply to this court of law for appropriate relief, which may include a declaration of rights.
10 HEADQUARTERS
10.1 CWSA’s headquarters shall be situated in such a centre as the National Board (referred to in Clause 17) may determine.
11 MEMBERSHIP
11.1 General Membership Conditions
11.1.1 Each CWSA member, regardless of type, shall be aligned to and honour the following principles contributing to the benefit of CWSA as a whole:
11.1.1.1 Be an active part and adhere to the constitution, policies and procedures of CWSA.
11.1.1.2 Has a member constitution which is in accordance with and is complementary to the constitution of CWSA.
11.1.1.3 Shall contribute and add value to CWSA through co-operation, sharing of resources and expertise and joint programming, to the benefit of not only the community but also to CWSA and other CWSA members. This co-operation, sharing of resources and joint programming could be achieved through the clustering of CWSA members.
11.1.1.4 Participate in and implement national programmes and initiatives.
11.1.1.5 Portray a common identity and “face” to both the public and the beneficiaries.
11.2 Membership Categories
11.2.1 There shall be the following categories of membership:
11.2.1.1 Affiliates
An affiliate is a registered NPO and is the most independent category of member within the CWSA. This will typically be an organisation which is self-sustainable in terms of both capability and funding. Affiliates will receive input (in terms of their Member-Specific Agreement) from the Regional Director/ Provincial Manager in terms of guidance in order to ensure operations are in line with the policies and procedures of CWSA. An affiliate committee will exist to govern the affiliate’s affairs. The committee will consist primarily of elected and co-opted members from the community and will have consultative representation from the provincial office in line with the constitution.
11.2.1.2 Branches
A branch is a partially independent member within CWSA. This will typically be an organisation which is supported by CWSA in terms of both capabilities and funding with ownership of assets. Branches will be registered as branches of CWSA, in terms of NPO legislation. Branches will receive direct input from and report to the provincial office of CWSA. Guidance will be provided in terms of execution of policies and procedures and assistance in daily operations. A branch committee will share accountability with the provincial office to manage and be responsible for the execution of the branch’s daily operations and services. The branch committee will consist of elected and co-opted members from the community and the provincial office.
11.2.1.3 Service Units
A service unit is the most dependent category of member within CWSA. This will typically be a developing organisation. This service unit may, in time, develop into a branch or an affiliate. These service units will be largely dependent on and directly managed by CWSA in order to operate in line with the policies and procedures of CWSA. A service unit committee will assist the provincial office of CWSA to manage and execute the daily operations and services of the service unit. This committee will consist of elected and co-opted members from the community and the provincial office.
11.2.1.4 Honorary Members
Such persons to whom membership is accorded by the National Board in recognition of the services rendered by them to and/or on behalf of CWSA.
11.3 Application for and Termination of Membership
11.3.1 The CWSA undertakes an application process for all potential CWSA members who wish to join and existing CWSA members who wish to change their membership type within CWSA. Through this process, applicants need to meet certain criteria which align them to the intentions of CWSA. These requirements include the following:
(a) Their status as a NPO.
(b) Their sound credibility in the community in which they operate.
(c) Financial viability and ethical management representation.
(d) Their current operating model and constitution being in line with the objectives of CWSA.
(e) A willingness to adopt the CWSA framework, policies and procedures.
11.3.2 On approval of an application, the CWSA member is bound to adhere to the components of the constitution and to sign a Member-Specific Agreement in accordance with clause 2.5
11.3.3 At any stage CWSA has the right to terminate membership of CWSA, should a CWSA member fail to meet the minimum membership requirements, or cease to adhere to these requirements.
11.4 The criteria for membership shall be as prescribed in the Regulations.
12 INVITED GUESTS
The National Board may invite any other body whose work has relevance to that of CWSA, to attend a General Assembly as a guest, subject to the policies laid down by the General Assembly.
13 OFFICE BEARERS
13.1 The office bearers of CWSA shall consist of:
13.1.1 The President
The President shall preside at the General Assembly and at all meetings of the National Board and the National Executive Committee.
13.1.2 The Vice-President
The Vice-President shall officiate in the absence of the President and shall furthermore represent the President at such other meetings and functions as may be decided upon.
13.1.3 Both the President and the Vice-President shall
(a) be volunteers;
(b) be delegates of CWSA members;
(c) operate at national level;
(d) not represent a province;
(e) be nominated and elected by CWSA members as provided for in the Regulations.
13.1.4 In the absence of both the President and the Vice-President at a General Assembly, the National Board shall appoint a chairperson for that General Assembly. This chairperson shall be a volunteer.
13.1.5 In the absence of both the President and the Vice-President at a meeting of the National Board the meeting shall elect a chairperson for the meeting. This chairperson shall be a volunteer.
13.1.6 The Honorary Treasurer
The Honorary Treasurer shall
(a) be appointed by the National Board;
(b) not represent a province;
(c) reside in or carry on business or be employed in the centre where CWSA’s headquarters are situated;
(d) have a vote at the National Board and the General Assembly.
13.2 Vacancies
13.2.1 In the event of any vacancy occurring among the office bearers, the National Board shall appoint a member as an interim office bearer.
13.2.2. Any such vacancy shall be filled by the National Board in accordance with the Regulations.
13.3 The office bearers shall, ex-officio, be entitled to attend all meetings.
13.4 The office bearers shall be nominated and elected in the manner provided for in the Regulations.
14 NATIONAL EXECUTIVE DIRECTOR
The National Executive Director shall be appointed by the National Board and function under its authority. The National Executive Director, in accordance with the policies developed by the General Assembly, shall be responsible for the execution and administration of all activities of CWSA. The National Executive Director shall be the Secretary of CWSA. He/she shall be an ex-officio member of all meetings.
15 ORGANISATIONAL STRUCTURE
15.1 THE ORGANISATIONAL STRUCTURE OF CWSA SHALL BE
15.1.1 National Level
(a) The General Assembly;
(b) The National Board;
(c) The National Executive Committee;
(d) The management staff at national office.
15.1.2 Provincial Level
(a) The Provincial Assembly;
(b) The Provincial Board;
(c) The management staff at a provincial office.
16 THE GENERAL ASSEMBLY
16.1 COMPOSITION OF THE GENERAL ASSEMBLY
16.1.1 The General Assembly shall consist of:
(a) Delegates from CWSA members, as defined in the Regulations;
(b) Members of the National Board;
(c) Invited guests;
(d) Invited consultants;
(e) A representative of each firm which renders expert professional services to CWSA and whose presence is regarded as necessary by the National Board to facilitate consideration of any item on the agenda.
16.1.2 Observers may attend the General Assembly, subject to such conditions as are provided for in the Regulations.
16.1.3 The General Assembly may, at its discretion, grant any non-member - for whose attendance at the General Assembly meeting provision has not been made in terms of clause 16.1.1 – permission to attend any meeting of the General Assembly. Permission to attend must be applied for and will be decided on in the manner provided for in the Regulations.
16.2 THE AUTHORITY OF THE GENERAL ASSEMBLY
16.2.1 The final authority and ultimate responsibility for policies and decisions shall be vested in the General Assembly.
16.2.2 The General Assembly shall delegate implementation of such policies and decisions as it may determine, to the National Board.
16.2.2.1 At every General Assembly a report shall be made on the work of the National Board in implementing the policies and decisions of the General Assembly.
16.2.3 Notwithstanding the provision of Clause 16.2.1, the National Board may, having regard to the object of CWSA, formulate interim policy, as deemed necessary between General Assemblies. Such interim policy shall be submitted for ratification at the following General Assembly and if not ratified, such interim policy shall not be binding upon CWSA.
16.2.4 Should a General Assembly not be satisfied with the manner in which the National Board has exercised its powers in terms of Clause 16.2.3, such General Assembly may regulate the making of interim policy by the National Board.
16.3 MEETINGS OF THE GENERAL ASSEMBLY
16.3.1 Ordinary General Assemblies
Ordinary General Assemblies shall be held at least once every three years as soon as possible after the end of the financial year and shall follow a meeting of the National Board as provided for in Clause 17.3.1.
16.3.2 Extraordinary General Assemblies
Extraordinary General Assemblies shall be held
(a) on the instruction of the National Board, or
(b) within three months after receipt by the President or the National Executive Director of a requisition, stating clearly the matter to be discussed, duly signed on behalf of at least 20% of the total number of CWSA members.
16.3.3 Postponement or Cancellation of General Assemblies
(a) If for any reason whatsoever it should not be possible to hold a General Assembly during the year in which such an Assembly would normally take place, the National Board may postpone the Assembly for a period not exceeding one year.
(b) In very exceptional circumstances, the National Board may, after obtaining the approval of 50% of the total number of members, cancel a General Assembly.
16.3.4 Time and Place of General Assemblies
The National Board shall determine the date or dates upon which and the place at which, each ordinary or extraordinary General Assembly shall be held.
16.3.5 Agenda
(a) The agenda for each General Assembly shall be posted to each CWSA member at least six weeks before the meeting at which it is to be considered.
(b) Motions for the agenda of the General Assembly may be submitted by
(i) Provincial Boards; or
(ii) the National Board.
(c) The number of motions that may be submitted and the dates by which they must be submitted, shall be provided for in the Regulations.
(d) No matter that has not been placed before a Provincial Assembly or the National Board for consideration may be added to the agenda during the Assembly without the approval of the President.
(e) In the event of a CWSA member requesting that an issue of an urgent and important nature be discussed, the matter may be added as an additional item on the agenda. In such cases, the following procedures shall be adhered to
(i) the written request, signed by the chairperson of the CWSA member concerned, shall be handed to the National Executive Director fourteen days before the Assembly is to be held;
(ii) the National Executive Committee, together with the National Executive Director, shall decide whether the request for the additional item is of urgent and important nature, and if it is so decided, the matter shall be discussed by the General Assembly.
16.3.6 Quorum
A quorum at any General Assembly shall be 33% of the total voting strength of the CWSA members (as determined in the Regulations) present at such an Assembly and excluding representation by proxies.
16.3.7 Voting
(a) Only the following categories of members shall be entitled to vote at General Assemblies, namely:
- Affiliates;
- Branches; and
- Service Units
(b) A CWSA member shall be entitled to exercise the number of votes allocated to it, as determined in the Regulations.
(c) Where more than one CWSA member is represented at a General Assembly by the same person, such representation must be formally arranged by proxy. Such a proxy holder may exercise the number of votes to which the CWSA members concerned are entitled, but no person shall exercise votes on behalf of more than one additional CWSA member.
(d) In respect of amendments to the Constitution to be voted upon at a General Assembly, the limitation on proxies referred to in Clause 16.3.7(c) above, shall not apply.
(e) In the event of an equal vote, the President, or in his/her absence the person presiding at the Assembly, shall have a casting as well as a deliberative vote.
17 THE NATIONAL BOARD
17.1 COMPOSITION OF THE NATIONAL BOARD
17.1.1 The National Board shall consist of:
(a) the Office Bearers of CWSA;
(b) Elected Members from each province as provided for in the Regulations, with the proviso that the number of such elected members not exceed nine (9);
(c) Special Members who have needed expertise, not exceeding four (4), who shall be appointed by the National Board for a period of one year and who may be re-appointed;
(d) Co-opted Members, not exceeding four (4), who shall be appointed by the National Board as soon as possible after its election, as provided for in the Regulations. In appointing such members, the National Board shall have regard to creating a situation of gender and racial balance, as far as reasonably possible, on the National Board
(e) Two (2) Employee Members representing the employees of Council and elected by them as provided for in the Regulations.
17.1.2 Advisers
The National Board may from time to time invite advisers to attend a particular meeting to give advice on a specific subject to be discussed at that meeting. Such advisers may not vote.
17.1.3 Members of the National Board shall be appointed, nominated and elected in the manner provided for in the Regulations.
17.1.4 Term of Office
The National Board shall hold office for a period of three years commencing immediately after the close of the General Assembly at which their election was announced up to the close of the next ordinary General Assembly.
In the event of the latter meeting being postponed, the period of office shall be extended until immediately after the close of the postponed ordinary General Assembly.
The President and Vice-President shall not serve for more than two consecutive terms of office but may stand for re-election at a later stage.
17.1.5 Vacancies
(a) Vacancies for Elected Members on the National Board shall be filled through a by-election undertaken by the Provincial Board from which the member came whose office has been vacated.
(b) Vacancies on the National Board for members other than referred to in Clause 17.1.5(a) above shall be filled through appointment or by co-option subject to the same provision in terms of which the member whose office has become vacant was appointed or co-opted.
17.1.6 Forfeiture of Membership
A member of the National Board shall forfeit his/her membership if
(a) for any reason whatsoever he/she ceases to be a delegate or employee of a CWSA member, an employee of CWSA or a Special Member; or
(b) he/she absents himself/herself from two consecutive meetings of the National Board without leave of absence having been granted to him/her by the Board in accordance with Clause 17.3.6; or
(c) his/her conduct cause embarrassment to CWSA or is inconsistent with the object or principles of CWSA and 75% of the remaining members of the National Board vote in favour of such forfeiture.
17.2 POWERS AND DUTIES OF THE NATIONAL BOARD
17.2.1 The management of the affairs of CWSA shall be vested in the National Board subject to the provision of Clause 16.2.1
17.2.2 In addition to powers accorded to the National Board elsewhere in this Constitution, it shall have power on behalf of CWSA
(a) to consider, take decisions in connection with and implement recommendations made by the Provincial Boards and National Executive Committee within the framework of the policies laid down by the General Assembly;
(b) to formulate and implement interim policies in accordance with Clause 16.2.3;
(c) to report to the General Assembly on the management of the affairs of CWSA, the Provincial Boards and its various committees during the intervening period between General Assemblies;
(d) to present recommendations to the General Assembly on matters of policy, finance, programmes and CWSA’s Constitution;
(e) to make, amend from time to time and give effect to Regulations not inconsistent with the provisions of this constitution. Such Regulations shall, inter alia, direct the implementation of the Constitution;
(f) to set and monitor minimum standards for services of CWSA members and to promote the attainment and maintaining of these standards;
(g) to determine the minimum conditions of employment of staff of CWSA members;
(h) to assess fees payable by member bodies and to collect such fees;
(i) to constitute ad hoc committees and work groups to undertake specific tasks;
(j) to attend to such matters as may from to time be referred to it by the General Assembly;
(k) to appoint one or more of its members to act on behalf of CWSA and to perform such juristic acts as the National Board may wish or be required to perform, both as regards the property of CWSA and legal proceedings by or against CWSA;
(l) to formulate policies with regard to the appointment and conditions of employment of CWSA’s staff;
(m) to consult with, consider and take action as determined in the Regulations in respect of a Provincial Board which may function in a manner inconsistent with the provisions of this Constitution and the Regulations framed thereunder;
(n) to consult with, consider and take action as determined in the Regulations in respect of a CWSA member, which may function in a manner inconsistent with the provisions of this Constitution and the Regulations framed thereunder;
(o) to consider, amend where necessary, and approve budgets and the audited financial statements submitted by the Honorary Treasurer;
(p) to perform such functions as are deemed necessary for the furtherance of the object of CWSA.
17.2.3 The National Board may delegate specifically any of the powers referred to in Clause 17.2.2 to the Provincial Boards or the National Executive Committee, whichever is deemed to be most appropriate. All action taken in terms of such delegated powers shall require a three-quarters majority, subject to the provisions of Clause 17.2.5 and shall be reported to the National Board at its next meeting.
17.2.4 The National Board shall have the following additional powers
(a) to enter into contracts and agreements on behalf of and for the benefit of CWSA;
(b) to institute and defend actions and proceedings at law;
(c) to solicit, collect and receive monies, either on its own initiative or with the assistance of its members or other bodies, by way of bequests, donations, grants, collections or in any other manner, having due regard to the rights of its members. The procedure to be adopted in any combined fund-raising effort on the part of the CWSA and its members or other bodies and the apportioning where applicable of such monies among participating bodies, shall be as provided for in the Regulations;
(d) to make investments, both long-term and short-term, to realise any investments, to change the same and to reinvest any monies. At its discretion it shall be entitled to decide as to the nature of any loans or investments made and the
security to be taken, if any;
(e) to grant loans with or without security, to its members under such conditions as it may determine from time to time;
(f) to acquire and dispose of property, both movable and immovable, to mortgage and encumber the property and assets of CWSA, and to lease any of its property;
(g) to utilise any property or income solely in the furtherance of CWSA’s Object and no portion thereof may be transferred directly or indirectly in any manner whatsoever so as to profit any person, other than by way of payment in good faith of reasonable remuneration to any officer or employee of the CWSA for services rendered to the CWSA.
17.2.5 In the event of the National Executive Committee or a Provincial Board, whichever the case may be, being unable to reach a decision by a three-quarters majority of members voting on any matter being dealt with in terms of its delegated powers (in terms of Clause 17.2.3), such a matter shall be referred to the National Board for a decision. In urgent matters, the National Board shall be required to exercise a special vote as provided for in the Regulations.
17.3 MEETINGS OF THE NATIONAL BOARD
17.3.1 Ordinary meetings of the National Board shall be held at least three times a year.
17.3.2 Extraordinary meetings of the National Board shall be convened as soon as possible
(a) on the instruction of the President;
(b) on receipt, by the President or the National Executive Director, of a requisition signed by at least 20% of the members of the National Board.
17.3.3 Agenda
Other than extraordinary meetings as provided for in Clause 17.3.2, the agenda for each meeting shall be posted to each member of the National Board at least three weeks and faxed or e-mailed at least ten days before the meeting at which it is to be considered.
17.3.4 Quorum
(a) Subject to the provisions of Clauses 17.3.4 (b) and (c), fifty percent (50%) of the members shall form a quorum at any meeting of the National Board.
(b) Notwithstanding the provision of Clause 17.3.4 (a) above, in order for a quorum to exist, a majority of voting members present at a meeting shall be volunteers.
(c) In the event of there being no quorum at a meeting within half an hour after the time fixed for the meeting or within such longer periods as the National Board may determine, the meeting shall continue with its deliberations and submit all its decisions to the members as soon as a quorum is present.
17.3.5 Voting
(a) Each member of the National Board shall be entitled to exercise one vote.
(b) In the event of an equal vote, the President, or in his/her absence the person presiding at the meeting, shall have a casting as well as a deliberative vote.
17.3.6 Leave of Absence
(a) The National Board may, at its discretion, grant any member leave of absence from any meeting of the Board. Leave of absence must be applied for in the manner provided for in the Regulations.
(b) Any member of the National Board who for any cause whatsoever is temporarily unable to attend to the business of CWSA shall apply to the National Board for leave of absence and the Board shall have power to grant leave to such a member for periods of six months at a time.
17.3.7 Attendance of Non-Members
The National Board may, at its discretion, grant any non-member permission to attend any meeting of the National Board. Permission to attend must be applied for and will be decided on in the manner provided for in the Regulations.
18 THE NATIONAL EXECUTIVE COMMITTEE
18.1 COMPOSITION OF THE NATIONAL EXECUTIVE COMMITTEE
18.1.1 The National Board shall at its first meeting after assuming office, appoint from amongst its members an Executive Committee which shall consist of the office bearers and two other members, other than CWSA employees and employees of CWSA members, who shall be volunteers.
18.1.2 The National Executive Committee may, from time to time, invite advisers for a particular meeting to advise the National Executive Committee on a specific subject to be discussed at that meeting. Such advisers may not vote.
18.1.3 Vacancies
Vacancies on the National Executive Committee shall be filled by the National Board in the same manner and subject to the same provisions in terms of which the member whose office has become vacant, was appointed.
18.1.4 Forfeiture of Membership
(a) A member of the National Executive Committee shall forfeit his/her membership if he/she ceases for any reason whatsoever to be a member of the National Board.
(b) A member of the National Executive Committee shall forfeit his/her membership if
(i) he/she absents himself/herself from two consecutive meetings without leave of absence having been granted to him/her in terms of Clause 18.3.4; or
(ii) he/she otherwise absents himself/herself from more than three meetings in any year of office.
(c) The provisions of Clause 18.1.4 (b)(ii) above shall not apply to a member to whom leave of absence has been granted in terms of Clause 18.3.4(b).
18.2 POWERS AND DUTIES OF THE NATIONAL EXECUTIVE COMMITTEE
18.2.1 The National Executive Committee shall deal with urgent matters between meetings of the National Board.
18.2.2 Matters of urgency in respect of which no policy has been formulated, may be dealt with by the National Executive Committee provided that, before taking action, it shall poll other members of the National Board in accordance with provisions in the Regulations.
18.2.3 The National Executive Committee shall employ staff, other than the National Executive Director, in accordance with policies approved by the National Board and deal with any other relevant staff matters.
18.2.4 The National Executive Committee shall report to the National Board through the President.
18.3 MEETINGS OF THE NATIONAL EXECUTIVE COMMITTEE
18.3.1 The National Executive Committee shall decide the frequency of its meetings.
18.3.2 Quorum
(a) Three members shall form a quorum.
(b) Should there be no quorum, the meeting shall proceed with its business but any decisions taken shall not be implemented until ratified at the next meeting of the National Executive Committee. In the absence of both the President and Vice-President, the meeting shall elect a chairperson from amongst the members present.
18.3.3 Voting
Each member shall exercise one vote. In the event of an equal vote, the President, or in his/her absence the person presiding at
the meeting, shall have a casting as well as a deliberative vote.
18.3.4 Leave of Absence
(a) The National Executive Committee may, at its discretion, grant any member leave of absence from any meeting of the National Executive Committee subject to the provisions of Clause 18.1.4(b)(i)&(ii). Leave of absence must be applied for in the manner provided for in the Regulations.
(b) Any member of the National Executive Committee who for any cause whatsoever is temporarily unable to attend to the business of CWSA, shall apply to the National Executive Committee for leave of absence and the National Executive Committee shall at its discretion grant leave to such a member for periods of six months at a time.
18.3.5 Attendance of Non-Members
The National Executive Committee may, at its discretion, grant any non-member permission to attend any meeting of the committee. Permission to attend must be applied for and will be decided on in the manner provided for in the Regulations.
19 THE PROVINCIAL ASSEMBLY
19.1 COMPOSITION OF THE PROVINCIAL ASSEMBLY
The Provincial Assembly shall consist of
(a) representatives of CWSA members as defined in the Regulations;
(b) members of the Provincial Board;
(c) the National Executive Director or his/her duly authorised representative;
(d) members of the National Board resident within that province;
(e) Invited guests as defined in the Regulations.
19.2. AUTHORITY OF THE PROVINCIAL ASSEMBLY
19.2.1 The authority and responsibility for provincial policies and decisions shall be vested in the Provincial Assembly.
19.2.2 A policy formulated at provincial level shall not be at variance with national policy.
19.2.3 The Provincial Assembly shall delegate implementation of such
policies and decisions as it may determine to the Provincial Board.
19.2.4 At every Provincial Assembly a report shall be made on the work of the Provincial Board in implementing the policies and decisions of both the Provincial Assembly and the General Assembly.
19.2.5 Before every General Assembly the Provincial Assembly shall consider and make recommendations in respect of motions to be submitted for consideration, as prescribed in the Regulations.
19.2.6 Participation in the activities at the Provincial Assembly shall be based on the individual decision of the management of each CWSA member.
19.3 MEETINGS OF THE PROVINCIAL ASSEMBLY
19.3.1 The Provincial Board shall convene a Provincial Assembly at least once per year.
19.3.2 Time and Place of Provincial Assembly
The Provincial Board shall determine the date or dates upon which and the place at which, each Provincial Assembly shall be held.
19.3.3 Agenda
(a) The Agenda for each Provincial Assembly shall be posted to each member at least six weeks or faxed or e-mailed at least 3 weeks before the meeting at which it is to be considered .
(b) Motions for the Agenda of the Provincial Assembly may be submitted by;
(i) Provincial Board; or
(ii) CWSA Members
(c) The number of motions that may be submitted and the dates by which they must be submitted, shall be determined by the Provincial Board.
(d) In the event of a CWSA member requesting that an issue of an urgent and important nature be discussed, the matter may be added as an additional item on the Agenda with the approval of the Chairperson.
19.3.4 Quorum
A quorum at any Provincial Assembly shall be 33% of the total voting strength (as determined in the Regulations) of the CWSA members situated within that Province present at such an Assembly and excluding representation by proxies.
19.3.5 Voting
(a) Only the following categories of members shall be entitled to vote at a Provincial Assembly, namely:
- All CWSA members situated in that Province;
(b) A CWSA member shall be entitled to exercise the number of votes allocated to it, as determined in the Regulations.
(c) In the event of an equal vote, the Chairperson shall have a casting as well as a deliberative vote.
19.3.6 Attendance of Non-Members
The Provincial Assembly may, at its discretion, grant any non-member – for whose attendance at the Provincial Assembly meeting provision has not been made in terms of clause 19.1 – permission to attend any meeting of the Provincial Assembly. Permission to attend must be applied for and will be decided on in the manner provided for in the Regulations.
20 THE PROVINCIAL BOARDS
20.1 COMPOSITION OF PROVINCIAL BOARDS
20.1.1 A Provincial Board shall be formed for every province – with the exception of provinces which do not have sufficient CWSA infrastructure for the establishment of their own Provincial Boards – as demarcated in the Regulations and shall consist of:
(a) A minimum of six (6) and a maximum of ten (10) members elected by the CWSA members situated within that province in accordance with the Regulations;
(b) Not more than five (5) Co-opted Members who shall be appointed by the Provincial Board members as soon as possible after their election, as provided for in the Regulations. The Provincial Board members shall have regard when making these appointments to the provision for geographic, gender and racial representation as well as to the acquisition of special expertise.
(c) At its first meeting after assuming office, the elected members shall elect a chairperson, a vice-chairperson and an honorary treasurer.
(d) The Regional Director/Provincial Manager, shall be the Secretary of the province and an ex-officio member of all meetings of the province.
20.1.2 Term of Office
The term of office of the Provincial Board shall be three (3) years. The chairperson and vice-chairperson shall not serve for more than two consecutive terms of office but may stand for re-election at a later stage.
20.1.3 Vacancies
Vacancies for members on the Provincial Board shall be filled through a by-election undertaken subject to the same provision in terms of which the member whose office has become vacant was elected or co-opted.
20.1.4 Forfeiture of Membership
A member of a Provincial Board shall forfeit his/her membership if
(a) for any reason whatsoever he/she ceases to be a delegate or employee of a CWSA member situated within the province; or
(b) he/she absents himself/herself from two consecutive meetings of the Provincial Board without leave of absence having been granted to him/her by the Board in accordance with Clause 20.3.6; or
(c) his/her conduct causes embarrassment to CWSA or is inconsistent with the object or principles of CWSA and 75% of the remaining members of the Provincial Board vote in favour of such forfeiture.
20.2 POWERS AND DUTIES OF PROVINCIAL BOARDS
20.2.1 The Provincial Board shall establish clusters of CWSA members situated within a province for purposes of joint programming, the sharing of resources and expertise, co-operation and co-ordination.
20.2.2 The Provincial Board shall perform the following functions for its demarcated geographical area
(a) identify needs affecting its children;
(b) develop a plan for child welfare services in consultation with relevant role players;
(c) co-ordinate child welfare services;
(d) act as an advocate for children;
(e) consult with, consider and take action as determined in the Regulations in respect of a CWSA member which may function in a manner inconsistent with the membership conditions as determined by clause 11.4 as well as the specific membership criteria for its category of membership, as determined by the Regulations framed under CWSA’s Constitution;
(f) negotiate with provincial governments;
(g) advise the National Board on the formulation of national policy;
(h) advise the National Board on applications from prospective members and on the termination of the membership of such members;
(i) formulate regulations for the rules and procedure at Provincial Assemblies;
(j) accept responsibility for those functions delegated to it by the National Board or undertake work at the request of the National Board or Provincial Assembly.
20.2.3 The Provincial Board shall submit a budget supported by a business plan to the National Executive Director annually before the end of February. This budget shall form part of CWSA’s annual budget submitted to the National Board for approval.
20.2.4 The Provincial Board shall have the following additional powers:
(a) make, amend from time to time and give effect to Regulations not inconsistent with the provisions of this Constitution. Such Regulations shall relate to the functioning of the province, including the Provincial Assembly and Provincial Board;
(b) establish a Provincial Executive Committee, if necessary, and regulate the activities of such Committee.
20.2.5 Provincial Boards shall not have the authority, either on behalf of CWSA or the province
(a) to exercise the powers of the National Board in terms of Clause 17.2.4;
(b) to incur expenditure other than expenditure duly authorised by the National Board.
20.2.6 Any matter requiring the formulation of interim policy referred to in clause 16.2.3 shall forthwith be referred to the National Board.
20.2.7 In performing its functions a Provincial Board shall not act in a manner which is inconsistent with the principles and policies of CWSA.
20.3 MEETINGS OF THE PROVINCIAL BOARDS
20.3.1 Ordinary meetings of the Provincial Board shall be held at least three (3) times a year in such a manner that the Board is able to report on its activities to the meetings of the National Board, according to the provisions of Clause 20.2.3.
20.3.2 Extraordinary meetings of the Provincial Board shall be convened as soon as possible
(a) on the instruction of the chairperson;
(b) on receipt, by the Chairperson or the Regional Director/ Provincial Manager, of a requisition signed by at least 20% of the members of the Provincial Board.
20.3.3 Agenda
Other than extraordinary meetings as provided for in Clause 20.3.2, the agenda of each meeting shall be posted to each member of the Provincial Board at least three weeks before or, faxed or e-mailed at least ten days before the meeting at which it is to be considered.
20.3.4 Quorum
Fifty percent (50%) of the members shall form a quorum at any meeting of the Provincial Board.
20.3.5 Voting
(a) Each member of the Provincial Board shall be entitled to exercise one vote.
(b) In the event of an equal vote, the Chairperson, or in his/her absence the person presiding at the meeting have a casting as well as a deliberative vote.
20.3.6 Leave of Absence
(a) The Provincial Board may, at its discretion, grant any member leave of absence from any meeting of the Board. Leave of absence must be applied for in the manner provided for in the Regulations.
(b) Any member of the Board who for any cause whatsoever is temporarily unable to attend to the business of the province, shall apply to the Provincial Board for leave of absence and the Board shall have power to grant leave to such a member for periods of six months at a time.
20.3.7 Attendance of Non-Members
The Provincial Board may, at is discretion, grant any non-member permission to attend any meeting of the Provincial Board. Permission to attend must be applied for in the manner provided for in the Regulations.
21 MINUTES OF MEETINGS
21.1 Minutes to record decisions shall be taken at all meetings specified in this Constitution and these minutes shall be made available to all relevant members.
22 FINANCIAL TRANSACTIONS, REPORT ON THE WORK OF CWSA AND FINANCIAL STATEMENTS
22.1 FINANCIAL TRANSACTIONS
22.1.1 Bank Accounts shall be opened in the name of CWSA and all monies received by CWSA shall be deposited in such accounts on the first banking day following its receipt.
22.1.2 Proper books of accounts and records – in accordance with generally accepted accounting practice – containing a full and accurate record of all the CWSA’s financial transactions, shall be kept.
22.2 FINANCIAL STATEMENTS
22.2.1 The financial year shall be from April 1st to March 31st, provided that the financial year shall be changed automatically to comply with any statutory requirements that may be contained in future legislation.
22.2.2 A statement of account and balance sheet shall be drawn up after the close of each financial year, and shall be audited by a qualified auditor appointed by the National Board.
22.3 REPORT
22.3.1 A report on the work of CWSA, covering three financial years, shall be drawn up by the management staff for submission to the National Board, which shall present the report to the General Assembly for approval.
22.3.2 In the event of legislation providing otherwise, Clause 22.3.1 shall be automatically revised to comply with such statutory requirements.
23.3.3 Such financial statements shall be presented by the Honorary Treasurer or his/her representative to the National Board as soon as possible after completion of the audit. After approval of the financial statements by the National Board, the statements shall be submitted to the Department of Social Development (in terms of NPO legislation) and to the South African Revenue Services (in terms of the CWSA’s registration as a PBO).
22.3.4 The financial statements for the three preceding financial years shall be presented at the General Assembly.
23 MEMBERSHIP OF OR AFFILIATION TO NATIONAL OR INTERNATIONAL ORGANISATIONS
Application for membership of or affiliation to such national or international organisations as may be considered desirable, may be made by the National Board in accordance with Clause 16.2.3.
24 AMENDMENTS TO THE CONSTITUTION AND REGULATIONS
24.1 CONSTITUTION
24.1.1 The Constitution may only be rescinded, amended or added to by a two-thirds majority of votes cast by delegates of CWSA members present or represented in terms of Clause 16.3.7(d) at any General Assembly.
24.1.2 Written notice of any such proposed rescission, amendment, or addition, together with a copy thereof, shall be sent to CWSA’s National Executive Director to reach headquarters not less than three months before the General Assembly at which they are to be discussed, and shall be sent to members with the agenda of the said General Assembly.
24.1.3 Notwithstanding the provision of Clause 24.1.2, urgent amendments may be made to the Constitution at an extraordinary General Assembly called for that purpose by the National Board. Four (4) weeks notice shall be given of such an extraordinary General Assembly.
24.2 REGULATIONS
24.2.1 The Regulations may be added to, rescinded or amended at a meeting of the National Board by a simple majority of votes cast by members present. Written notice of such proposed addition, rescission or amendment shall be submitted to the National Executive Director in writing for inclusion in the agenda.
25 DISSOLUTION OF CWSA AND DISPOSAL OF ASSETS
25.1 DISSOLUTION
25.1.1 Subject to statutory requirements, CWSA will be dissolved only after the following has occurred:
25.1.1.1 A motion to dissolve CWSA has been given in writing at least six (6) months before a General Assembly meeting called especially for the purpose of discussing such motion.
25.1.1.2 Notice of such motion has been circulated to all CWSA members so as to reach them at least three (3) months before the General Assembly meeting at which it is to be discussed.
25.1.2 The motion to dissolve CWSA must be passed by a majority of two-thirds (⅔) of the total voting strength of CWSA members present or represented in terms of Clause 16.3.7(c) at the General Assembly meeting convened for the purpose.
25.1.3 If the motion to dissolve CWSA is passed in terms of Clause 25.1.2 the resolution must be ratified by a majority of two thirds (⅔) of the voting strength of CWSA members present or represented in terms of Clause 16.3.7(c) at a further meeting of the General Assembly called for the purpose not less than four (4) months and not more than six (6) months after the motion to dissolve CWSA has been so passed. At least three (3) months’ notice of the meeting to ratify the dissolution of CWSA must be given to all members of CWSA.
25.1.4 If a motion to dissolve CWSA is ratified, it shall become effective after a period of six months from the date of ratification.
25.1.5 Immediate notice of the decision to dissolve CWSA shall be given In the manner determined by law stating the date from which dissolution shall become effective.
25.2 DISPOSAL OF ASSETS
25.2.1 Immediately following the ratification of the decision to dissolve
CWSA in terms of Clause 25.1, and subject to statutory
requirements, proposals for the disposal of CWSA’s assets shall be considered by the General Assembly and such proposals shall be forwarded forthwith to CWSA’s members.
25.2.2 The funds and assets of CWSA shall be disposed of to an
organisation having the same or related object and functions as that of CWSA or shall be divided between CWSA members which
are also authorised in terms of relevant legislation to collect funds, in such proportion, or otherwise disposed of in such a way, in conformity with the object of CWSA, as shall be determined by the General Assembly at a second meeting to be called not less than four months nor later than six months after the resolution to dissolve CWSA.
25.2.3 In the event of the General Assembly deciding to divide the funds and assets thereof among CWSA members, a liquidator or liquidators shall be appointed at the said second meeting to dispose of the assets. The funds and assets may either be disposed of in specie or liquidated. The remuneration of this liquidator(s) shall be determined by the General Assembly, such remuneration to be paid out of the proceeds of the assets.
25.2.4 In the event of default of a resolution by the General Assembly regarding the disposal of funds and assets or any other dispute regarding the provision of this Clause 25.2, the decision of the Department of Social Development shall be binding.
CWSA PRESIDENT: Signed Prof TD Chetty
DATE ACCEPTED: 26 JULY 1994
DATE AMENDED: 14 SEPTEMBER 1998
DATE AMENDED: 16 OCTOBER 2001
DATE AMENDED: 25 OCTOBER 2004
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Report Neglect / Abuse 0861 4 CHILD (24453) |
