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Saturday, April 5, 2008

Constitution of INQOMA Ukuzenzela

CONSTITUTION

1. Name is Inqoma ukuzenzele (literally meaning the sharing collective effort)
1.1 The organisation hereby constituted will be called Inqoma
1.2 Its shortened name will be e.g. IU(hereinafter referred to as the organisation).

Vision and mission:



VISION

This is a Southern African,regional, NGO and situated on a continent where South Africa as a nation is with Khayelithsa as point to commence is a exemplary model where

1.Every family should be housed accordingly in decent housing

2.Promote and tackle AIDS/HIV & STD's (and remediation thereof) by provision of adequate housing assist in provision of orphanages and creches especially to those who suffer from HIV/AIDS and as a result of these and STD's

3.Energy Efficient designs and energy alternatives taken into consideration in the design and provision of these homes

4.Adequately allocated and accessible "green( in the true sense of the word )" space & land for gardens and parks in neighbourhoods

MISSION
(there are two objecctives one primary & one secondary missions of this organization)

1.Primarily to provide Housing such housing is energy effective, affordable neat tidy and suitable to be named a home

2.Secondarily to provide relief to poor communities and persons with difficulty in self sufficiency emphasis on those with HIV /AIDS and STD's




The organisation shall:
  • Exist in its own right, separately from its members.
  • Conntinue 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 in alignment with the Vision and Mission of Inqoma as an independent organization (as shown above)

(a) The organisation’s main objectives are:primarily to arrange and build decent affordable housing for poor communities in Southern Africa.
(b) The organisation’s secondary ancillary objectives will be to: To work in collaboration with
other organisations that mainly deal with health transformation and education and to provide community service to all the communities regarding STD/HIV/AIDS and other related diseases and their conditions

Furthermore to conduct Public Benefit Organizations Activities as secondary and ancillary
a) to perform community development by provision of housing and access to housings especially to poor and needy persons
b) assisting poor and needy
c)family stability enhancement activities
d)health care and HIV /AIDS readiness preparedness and circumstantial conditions elevation
e)provide access to food parcels and of part thereof
f)education ,with emphasis on self sufficiency (later word synonymous to UKUZENZELA)

The aforementioned inline with the
Vision and Mission of Inqoma Ukuzenzela


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 bearer has done
for the organisation. The payment must be a reasonable amount for the work that has been
done.
3.3 A member of the organisation can only get money back from the organisation for expenses
that she or he has paid for or on behalf of the organisation.
3.4 Members or office bearers of the organisation do not have rights over things that belong to
the organisation.

4. Membership and General Meetings
4.1 If a person wants to become a member of the organisation, she or he will have to ask the
organisation’s management committee. The management committee has the right to say no.
the management committee must furnish any applicant with detailed reasons for rejection of his or her apllication.The applicant has the right to appeal that decision to the AGM of which the outcome shall be binding and final.
4.2 Members of the organisation must attend its annual general meetings. At the annual general
meeting members exercise their right to determine the policy of the organisation.

5. Management
5.1 A management committee will manage the organisation. The management committee will be
made up of not less than e.g.6 members. They are the office bearers of the organisation.
5.2 Office bearers will serve for five years, 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 into office again and again. This is so long as their services are needed
and they are ready to give their services.
5.3 If a member of the management committee 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.
5.4 The management 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.
5.5 Minutes will be taken at every meeting to record the management committee’s decisions. The
minutes of each meeting will be given to 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.
5.6 The organisation has the right to form sub-committees. The decisions 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.
5.7 All members of the organisation have to abide by decisions that are taken by the management
committee.
6. Powers of the organisation
The management committee may take on the power and authority that it believes it needs to
be able to achieve the objectives that are 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 right to make by-laws for proper management, including
procedure for application, approval and termination of membership.
6.4 Organisations will decide on the powers and functions of office bearers.

7. Meetings and procedures of the committee
7.1 The management committee must hold at least two ordinary meetings each year.
7.2 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 21 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 30 days notice.
7.3 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.
7.4 There shall be a quorum whenever such a meeting is held.
7.5 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.
7.6 Minutes of all meetings must be kept safely and always be on hand for members to
consult.
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 subcommittee.
The sub-committee must report back to the management committee on its
activities. It should do this regularly. conference after three years election of ofice bearers and everything else that is in the AGM

8. Annual general meetings
The annual general meeting must be held once every year, towards the end of the
organisation’s financial year.
The organisation should deal with the following business, amongst others, at its annual
general meeting:
· Agree to the items to be discussed on the agenda.
· Write down who is there and who has sent apologies because they cannot attend.
· Read and confirm the previous meeting’s minutes with matters arising.
· Chairperson’s report.
· Treasurer’s report.
· Changes to the constitution that members may want to make alterations to it and in all cases must go to AGM conference .

· 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 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.
9.3 Whenever funds are taken out of the bank account, the chairperson and at least two other
members of the organisation must sign the withdrawal or cheque.
9.4 The financial year of the organisation ends on eg 31 March 2002 (please cover a full 12
months period).
9.5 The organisation’s accounting records and reports must be ready and handed to the Director
of Nonprofit Organisations within six months after the financial year end.
9.6 If the organisation has funds that can be invested, the funds may only be invested with
registered financial institutions. These institutions are listed in Section 1 of the Financial
Institutions (Investment of Funds) Act, 1984. Or the organisation can get securities that are
listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985. The
organisation can go to different banks to seek advice on the best way to look after its funds.


10. Changes to the constitution
10.1 The constitution 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.
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 7.3
10.3 A written notice must go out not less than fourteen (14) days before the meeting at which the
changes to the constitution are going to be proposed. The notice must indicate the proposed
changes to the constitution that will be discussed at the meeting.
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 left over 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.
This constitution was approved and accepted by members of


-------------------------------------------------------


At a special (general) meeting held on ------------------- at Khayelitsha Cape Twon


(Day/Month/Year )


----------------- -----------------------------
Chairperson


----------------------------------------------
Secretary

This Constitution was adopted by the following persons:





  1. Vusumzi Meta
  2. John M Riggs
  3. Portia Gama
  4. Miliswa Galada
  5. Lunga Japhi


  6. developed from links to http://www.npo.gov.za/

http://www.socdev.gov.za/



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Inqoma ukuzenzela "Sharing and collective effort"

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