CONSTITUTION OF SAEP
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1.
NAME 1.1
The organisation hereby constituted will be called
South African Education and Environment Project 1.2
Its shortened name will be SAEP (hereinafter
referred to as the organisation). 2.
AREA OF OPERATION The organisation will
carry out its public benefit activities within 3.
BODY CORPORATE The organisation shall: o
Exist in its own right, separately from its
members o
Continue to exist even when its membership changes
and there are different office bearers o
Be able to own property and other possessions o
Be able to sue and be sued in its own name. 4.
VISION The organisation’s vision
is of vibrant township communities which promote and improve both their
social and physical environments, primarily through capacity building within
community based organisations, the development and empowerment of youth and
community leaders who are able, through participation in a variety of
programmes, to maximise their potential; succeed academically, personally,
and in their career choices; become leaders and activists; and contribute to
community social and economic development and improvement in the living
standards and environment of the areas in which they live. 5.
OBJECTIVES The organisation’s primary
objectives are to provide education and to improve the social and economic
development of 5.1
The promotion of, and education and training
programmes relating to, environmental awareness, greening, clean-ups and
sustainable development projects by: o
Developing an appreciation of the value and beauty
of the natural environment; o
Education and awareness raising within schools, of
environmental and related social and economic issues (particularly local
ones); o
Stimulating and empowering learners and other
community members to become active and effective within their communities in
addressing these issues; and o
Promoting environmentally sustainable economic
development. 5.2
The provision of educational enrichment, academic
support and supplementary tuition, career guidance and counselling services,
and bridging programmes to enable educationally disadvantaged people to enter
tertiary education institutions and/or to find employment by: o
Developing and promoting critical thinking and
creativity, effective written and oral communication skills, entrepreneurial
and organisational/group skills, and social commitment amongst our target
group through a variety of activities such as debating and other forms of
public speaking, journalism and creative writing in poetry and prose,
development of computer and Internet skills, experience of culture and the
arts, participation in discussion groups and other learning experiences, and
exposure to nature and physical challenge in order to achieve the vision
described above. o
Providing special opportunities for recent high
school graduates to develop personally and prepare themselves for entry to
tertiary institutions through a “gap year” and other programmes focused on
personal growth through community service. o
Developing leadership skills among participants in
its programmes. 5.3
Providing opportunities for individuals and
organisations, both local and foreign, to participate in and support the
social and economic development of the target communities and development of
leaders among the youth of these communities. 5.4
The provision of programmes to support needy
educare and early childhood
development facilities and services for pre-school children by: o
Empowerment and training of local pre-school
staff and committees to reach their goals and to become financially self
sustaining; o
Assisting with fund raising and acquisition of
resources and equipment; o
Linking the organisations with training and resource
organisations in order to equip the management and staff to provide a quality
service; o
Assisting the organisations to become registered
and to apply for state subsidy where appropriate, in order to become
financially sustainable; o
Providing training where this is not available
elsewhere for project leaders in order to enable them to manage their
organisations effectively and efficiently. 5.5 The provision of programmes to support
needy local community organisations
such as youth groups by: o
Empowerment and training of project leaders to
reach their goals; o
Assisting with fund raising and acquisition of
resources and equipment in order to become financially sustainable; o
Linking the organisations with training and
resource organisations in order to equip the organisations to provide a
quality service; o
Assisting the organisations to become registered
as Non-Profit Organisations and for tax exemption. 6
INCOME AND PROPERTY
6.1
The organisation will keep a record of everything
it owns. 6.2
The organisation may not give any of its money or
property to its members or office bearers except: o
as reasonable pay for work that a member or office
bearer has done for the organisation in the course of undertaking any public
benefit activity as defined by Section 30 (1) (a) and/or (b) of the Income
Tax Act (as attached), and/or o
as a refund for expenses that they have paid out
on behalf of the organisation in fulfilling its public benefit activities. 6.3
Members and office bearers of the organisation do
not have personal rights over property or assets that belong to the
organisation. 7
MEMBERSHIP 7.1 Learners,
their parents, teachers, members of governing boards, school administrators
and other educators, community leaders, volunteers, interns and all other interested
persons may apply to become members of the organisation if they: o
Support the vision and objectives of the
organisation o
Either pay the annual membership fee (to be
determined by the committee) and/ or are actively involved in supporting the
organisation o
Apply to the management committee of the
organisation giving details of name, address etc. The committee has the right
to refuse such application if it considers that it is not in the interests of
the organisation. 7.2
Members of the organisation have a right to: ·
Receive newsletters and annual reports from the
organisation ·
Attend the organisation’s annual general meetings ·
Exercise their right to determine the policy of
the organisation (within the vision and objectives as defined above) ·
Propose and vote for office bearers of the
organisation. 8
MANAGEMENT COMMITTEE
8.1
A management committee of not less than seven
members will manage the organisation. They are the office bearers of the
organisation and are elected at the AGM or co-opted as indicated in 7.3 or
7.4 below. 8.2
At least 3 of the members of the management
committee who will be responsible for fiduciary responsibility of the
organisation, will be persons who are not connected persons in relation to
each other. 8.3
Office bearers will serve for one year, and may be
re-elected at the AGM for up to 3 years. After this they must have a break
but then may be re-elected at the next AGM if still willing to serve. 8.4
If a committee member resigns before the end of
their period in office the remaining committee members may co-opt another
person to take that person’s place. 8.5
If a member of the management committee does not
attend three management committee meetings in a row, or four meetings within
a year, without having applied for and been granted leave of absence, then
s/he will be considered to have resigned and the committee may co-opt another
committee member. 8.6
The committee may decide to co-opt new committee
members if necessary to achieve the objectives of the organisation. 8.7
The management committee will meet at least once
every two months. More than half of the committee members (constituting a
quorum) will be needed at a meeting to take decisions that are allowed to be
carried forward. 8.8
Minutes will be taken at every meeting to record
the management committee’s decision. The minutes of each meeting and notice
of the next meeting will be posted or given to management committee members
at least two weeks before the next meeting. 8.9
The minutes of the previous meeting will be
corrected if necessary by the members of the management committee and then
signed by the chairperson as a correct record of the meeting. 8.10
The organisation has the right to form
sub-committees, which must report back to the management committee for ratification
(agreement) or not of decisions taken. 8.11
All members of the organisation have to abide by
decisions that are taken by the management committee. 9
POWERS OF THE ORGANISATION 9.1 The management committee has the power to
take whatever action is deemed necessary (within the law) to achieve its
objectives as stated in Section 4 above. 9.2 The
management committee has the power and authority to raise funds and to invite
and receive contributions towards the running of the organisation. 9.3
The management committee has the power to buy, hire or exchange any
property that it needs for its objectives. 9.4
The management committee has the right to make
regulations to ensure proper management, including procedures for application,
approval of and termination of membership. 9.5 No single person will directly or
indirectly control the decision making powers of the organisation. 10.
MEETINGS AND PROCEDURES OF THE COMMITTEE 10.1 Apart from regular bi-monthly meetings of
the committee, the chairperson or two members of the management committee can
call a special meeting if necessary. They must let the other members of the
committee know what needs to be discussed and inform them of the date at
least a week in advance of the proposed meeting. If the matter to be
discussed is the appointment of a new committee member, then at least 14 days
notice must be given. 10.2
The chairperson of the management committee will
chair meetings unless s/he is unable to attend, in which case the members
present will select who will chair the meeting. 10.3
When necessary the management committee will vote
on issues. If the votes are equal on an issue, the chairperson will have the
deciding vote. 10.4
Minutes of all meetings will be kept safely and
must be accessible to members who would like to read them. 11. ANNUAL GENERAL MEETINGS 11.1
An Annual general meeting will be held once a
year, within four and a half months after the end of the organisation’s
financial year, i.e., before the 15th of November. 11.2
The following business will be conducted at the
AGM: o
Confirmation of agenda o
Record of those present and apologies o
Confirmation of minutes of previous Annual General
Meeting o
Chairperson’s report o
Treasurer’s report and presentation of audited
financial statements o
Annual report by Executive Director o
Election of management committee and office
bearers o
Appointment of auditor o
General o
Minutes will be kept of the meeting 12.
FINANCES 12.1
The organisation will carry out its public benefit
activities in a non-profit manner. 12.2
The
organisation will use its funds solely for the objects for which it was
established, and may not be used directly or indirectly to support, advance
or oppose any political party. 12.3
The organisation will not pay any remuneration 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. 12.4
The treasurer is responsible for the control of
the finances of the organisation and ensuring that proper records are kept of
all income and expenditure. 12.5
The treasurer will arrange for all funds to be
kept in a bank account in the name of the organisation and invested with o
a financial institution as defined in Section 1 of
the Financial Services Board Act, 1990 (Act No. 97 of 1990); and/or o
in securities listed on a stock exchange as
defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No 1 of
1985); or o
in such other prudent investments in financial
instruments and assets as the Commissioner may determine after consultation
with the Executive Director of the Financial Services Board and the Director
of Non-Profit Organisations; provided that this does
not prohibit the organisation from retaining any investment (other than any
investment in the form of a business undertaking or a trading activity or
asset which is used in such business undertaking or trading activity) in the
form that it was acquired by way of donation, bequest or inheritance. 12.6
The financial year of the organisation runs from
July 1 to June 30. 12.7
The organisation’s audited financial report will
be submitted to the Director of Non-profit Organisations within six months
after the end of the financial year, i.e., by the end of December. 12.8
The organisation is prohibited from o
carrying on any business undertaking or trading
activity, otherwise to the extent that the gross income derived from such
business undertaking or trading activity does not exceed the greater of 15 %
of the gross receipts of the organisation, or R25,000, and that the
undertaking or activity complies with clauses 3 (b) (iv) (bb), (cc) and (dd)
of Section 30 of the Income Tax Act (as attached); unless o
the activity is integral and directly related to
the sole object of such public benefit organisation, and carried out or
conducted on a basis substantially the whole of which is directed towards the
recovery of cost, and which would not result in unfair competition in relation
to taxable entities; or o
if the activity is of an occasional nature and
undertaken substantially with assistance on a voluntary basis without
compensation; or o
the activity is approved by the Minister as
described by Section (3) (iv) (dd) of
the Section 30 of the Income Tax Act as attached. 12.9
The organisation may not accept any donation which
is revocable by the donor, except when it has not conformed to the designated
purposes and conditions of the donation, including any misrepresentation with
regard to the tax deductibility thereof in terms of Section 18A of the Income
Tax Act. 12.10
The organisation may not accept any donation from
any donor (other than a donor as defined in Section 30 (3) (b) (v) of the
Income Tax Act -as attached) where conditions are imposed which could enable
the donor or any person connected to the donor to derive some direct
or indirect benefit from the application of such donation. 12.11
The organisation will ensure that it is not
knowingly a party to, and does not knowingly permit itself to be used as part
of any transaction, operation or scheme of which the sole or main purpose is
or was 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 the Act or any
other Act administered by the Commissioner. 12.12
The financial records of the organisation will be
kept safely and preserved by any person in control of the organisation, for a
minimum of 4 years after completion of the transaction, act or operation to
which they relate. 12.13
The organisation will comply with such reporting
requirements as may be determined by the Commissioner. 13
CHANGES TO THE CONSTITUTION
13.1
If any member of the organisation wishes to change
the constitution, a special general meeting needs to be called or notice
given that the matter will be discussed at the AGM. 13.2
A written notice needs to go out to all the
members of the organisation at least 14 days before the meeting, giving
details of proposed changes. 13.3
The constitution can only be changed by a
resolution of at least two thirds of the members present at such a meeting. |