| 1 |
NAME |
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The name of the Council
is the South African Council of Churches (hereinafter
referred to as "the Council.") |
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| 2 |
LEGAL STATUS |
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The legal status of the
Council is that of an autonomous body having perpetual
succession and legal existence independent of its members,
the liability of members being limited to the payment of
outstanding dues, if any. The Council is entitled to own
property and to sue and to be sued in its own name,
no members having the right to any of its assets. |
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| 3 |
OBJECTS |
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The principal objects
of the Council are: |
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3.1 |
To give expression to
the Lordship of Christ over every aspect and area
of human life by promoting the spiritual, social,
intellectual and physical welfare of all people. |
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3.2 |
To foster that unity
which is both God's will for creation and God's
gift to the Church. |
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3.3 |
To do and encourage
all such things as will reduce those factors,
whether doctrinal, liturgical or practical,
which keep the Churches apart. |
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3.4 |
To engage in such
activities on behalf of its member Churches as
are integral to the Church's worship, witness
and service. |
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3.5 |
To assist the Church,
wherever situated, to carry out its mission in
and to the world. |
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3.6 |
To undertake joint
action and service on behalf of the Churches
and to encourage co-operation among member Churches. |
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3.7 |
To enter into dialogue
with people of other faiths and persuasions. |
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| 4 |
POWERS |
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In order to further
and give effect to its objects the Council shall
have the following powers: |
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4.1 |
To initiate and promote
consultations, negotiations and joint action by
representatives of Churches in South Africa in
any matter bearing upon the welfare and witness
of the Church. |
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4.2 |
To promote fellowship
and co-operation among Churches and related Christian
organisations by creating opportunities for Christians
of different traditions to pray, plan and act
together in fulfilment of their common calling
to witness in word and deed to justice, truth
and love. |
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4.3 |
To liaise with Councils
of Churches, Christian Councils, and Churches
outside South Africa. |
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4.4 |
To promote and encourage
the study of all matters pertaining to the unity
and mission of the Church. |
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4.5 |
To make available
information and resources in regard to national,
social and other problems affecting the Church
and society. |
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4.6 |
To bear witness to
Christian principles and standards in matters
relating to the welfare of all the people of South
Africa, and to take such actions and to make such
representations as are consonant with Christian
convictions and social responsibility. |
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4.7 |
To work for a just
social order in South Africa which is consistent
with the Gospel of Jesus Christ. |
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4.8 |
To initiate, encourage
and promote evangelistic and educational programmes
and activities, including publishing and broadcasting,
in furtherance of the objects of the Council. |
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4.9 |
To establish Trusts,
registered companies and voluntary associations
as may be necessary to give effect to the objects
of the Council. |
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4.10 |
To co-operate with
and affiliate to Christian and other bodies the
purpose of which is consistent with the objects
of the Council and to make grants and other assistance. |
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4.11 |
To receive affiliation
fees, donations, grants and bequests, to raise
funds and to use and/or invest all income for
the furtherance of the objects of the Council. |
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4.12 |
To acquire and dispose
of by purchase, donation, lease, exchange, or
by any other means, any immovable property or
movable assets for use in facilitating the purposes
of the Council. Any property acquired shall be
registered in the name of the Councilor of nominees
appointed by the Executive Committee. |
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4.13 |
To maintain, insure,
amortize, lease, develop, demolish or abandon
any asset. |
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4.14 |
To engage in legal
proceedings. |
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4.15 |
To borrow money for
the purpose of furthering the Council's objects,
to mortgage and/or pledge any property or security
owned by the Council and to act in any manner
necessary to give effective security for the repayment
of such loans. |
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4.16 |
To make loans, either
secured or unsecured, to persons, Churches, other
bodies and organisations for purposes consonant
with the objects of the Council. Such loans shall
require the prior approval of the Executive Committee. |
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4.17 |
To employ persons
for the fulfilment of the Council's objectives. |
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4.18 |
To establish and
dissolve provincial offices, provided due
process has been observed. |
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| 5 |
MEMBERSHIP |
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5.1 |
Basis of membership |
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Members of the Council
affirm the following statement of faith: |
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"We confess the Lord Jesus
Christ as God and Saviour, according to the
Scriptures, and therefore seek to enter into
fellowship with other Christians, through the
South African Council of Churches, as witness
to our commitment to a common ministry to the
glory of the one God: Father, Son and Holy
Spirit." |
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5.2 |
Categories of membership |
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5.2.1 |
Full members: |
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The following bodies may
be full members of the Council: |
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5.2.1.1 |
Christian denominations
that have a national character, including
congregations in at least three provinces of
the Republic; and |
|
5.2.1.2 |
Associations of
churches that have a national character,
including member churches in at least three
provinces of the Republic, and that are comprised
primarily of churches or denominations that are not
members of the Council in their own right. |
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5.2.1.3 |
Any ecclesial body that
was admitted to full membership of the Council
before 16 July 2007 and that has remained a member,
without interruption, after that date. |
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|
5.2.2 |
Observer members |
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Christian denominations
and Associations of Churches may be observer members
of the Council. |
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|
5.2.3 |
Associate members |
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Christian organisations
may be associate members of the Council. |
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|
5.2.4 |
Affiliate members |
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One provincial Council
of Churches in each of the provinces of the Republic
of South Africa may be an affiliate member of the
Council; provided that such provincial Council is
governed by a Constitution that: |
|
5.2.4.1 |
Establishes the council
as a legal person; |
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5.2.4.2 |
Adopts the name "South
African Council of Churches" followed
by the name of the province; |
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5.2.4.3 |
Uses the same basis of membership
as that set out in the Constitution of the South African
Council of Churches and requires that Council to adhere
to any rules governing membership adopted by the Central
Committee of the SACC; |
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5.2.4.4 |
Requires any amendment to be subject to
ratification by the Central Committee of the South African
Council of Churches; |
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5.2.4.5 |
Recognises and governs any district,
regional or municipal Council of Churches established by or
affiliated to that provincial Council; |
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5.2.4.6 |
Complies with the provisions of the Income Tax
Act, 1962, relating to Public Benefit Organisations; and |
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5.2.4.7 |
Provides for the net assets of that provincial
Council to be turned over to the South African Council of
Churches in the event of that provincial Council’s dissolution; |
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and provided that the powers,
duties and responsibilities of any provincial Council to act
in the name of the South African Council of Churches (including
the right to enter into any contractual agreement that might be
binding on the national structures of the Council) must be
specified in writing by the Executive Committee. |
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[Transitional measure: Any existing
provincial Council of Churches recognised by the 2007 Triennial
National Conference shall be deemed to be in conformity with
the provisions of section 5.2.4 until the next regular meeting
of the National Conference. During this period, the National
Executive Committee shall monitor provincial Councils’ progress
in amending their respective constitutions to comply with the
provisions of this section, new provincial Councils of Churches
may apply for affiliate membership in the manner indicated
below, and the Constitution Subcommittee shall consult with
provincial Councils of Churches to determine if any further
amendments should be proposed to the next National Conference
to promote harmonious working relationships and mutual
accountability among the SACC’s provincial and national offices.
This transitional measure will expire on the adjournment of the
next regular meeting of the National Conference after 2007
unless that meeting votes to extend its period of
application.] |
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5.3 |
Application for membership |
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|
5.3.1 |
Christian denominations, associations
of churches or organisations or provincial Councils of Churches
wishing to become members of the Council may apply, in writing,
to the General Secretary. |
|
|
5.3.2 |
An application for membership
must: |
|
5.3.2.1 |
Affirm the statement of faith set out in
section 5.1; |
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5.3.2.2 |
Indicate the category of membership for
which the body is applying, the number of members the body
has and the basis on which that number is calculated; |
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5.3.2.3 |
Include a copy of the applicant’s constitution
or other founding document; |
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5.3.2.4 |
Supply a postal address and telephone number
(and, if available, a facsimile number and electronic mail
address) to be used for communicating with the body; and |
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5.3.2.5 |
Be signed by the chief executive or ecclesiastical
officer of the body. |
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|
5.3.3 |
The General Secretary shall
submit all applications for membership to the next meeting
of the Central Committee for consideration and action. |
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|
5.3.4 |
In assessing applications for
membership, the Central Committee shall consider whether— |
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5.3.4.1 |
the applicant meets the membership criteria
for the relevant category of membership; |
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5.3.4.2 |
the applicant has affirmed the statement
of faith; |
|
5.3.4.3 |
admission of the applicant to membership of
the Council
is likely to further the objects of the Council, as set out
in section 3. |
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|
5.3.5 |
The General Secretary shall notify
applicants in writing of the Central Committee’s decision
within 30 days. |
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5.4 |
Membership fees |
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The Central Committee shall
determine, from time to time and on the recommendation of
the Executive Committee, the annual membership fee payable
by members in each category of membership. |
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5.5 |
Suspension of membership |
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|
5.5.1 |
The Central Committee may decide,
by a two-thirds majority of those present, to suspend the
membership of a member that — |
|
5.5.1.1 |
has failed for two consecutive years to pay
the annual membership fee established by the Central Committee
for that member’s category of membership; |
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5.5.1.2 |
has engaged in activities that the Central
Committee finds to be inconsistent with the objects of the
Council, set out in section 3, or the statement of faith,
set out in section 5.1; or |
|
5.5.1.3 |
in the judgement of the Central Committee,
seriously in breach of the provisions of this Constitution. |
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|
5.5.2 |
Suspension of membership does
not affect a member’s liability for membership fees. |
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5.6 |
Termination of membership |
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|
5.6.1 |
A member’s membership of
the Council shall be terminated if: |
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5.6.1.1 |
A member sends the General Secretary
written notice, signed by its chief executive or ecclesiastical
officer, stating its intention to withdraw from the Council;
provided that such member remains liable to pay membership
fees for the current year; or |
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5.6.1.2 |
The National Conference adopts, by a
two-thirds majority of those present, a motion to
terminate the membership of a member whose membership
has previously been suspended by the Central Committee. |
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|
5.6.2 |
If the membership of a provincial
Council of Churches is terminated it shall cease to use the
name "South African Council of Churches." |
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5.7 |
Appeals |
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|
5.7.1 |
An applicant (or member) may appeal
against the refusal (or suspension) of membership by the Central
Committee. |
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|
5.7.2 |
The National Conference must hear
an appeal against the refusal or suspension of membership;
provided 28 days’ notice of the intention to appeal
shall be given to the General Secretary in writing save where
the suspension or refusalhas taken place less than 28 days
before the meeting of the National Conference when the appeal
may be placed on the agenda with the consent of the
Conference. |
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|
5.7.3 |
The suspended member or potential
member on whose behalf an appeal has been lodged may address
the Conference. |
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| 6 |
THE NATIONAL CONFERENCE |
|
6.1 |
The National Conference is the
supreme governing body of the Council and is responsible for
the formulation of the Council's policy. |
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6.2 |
The National Conference shall
consist of: |
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|
6.2.1 |
The members of the National
Executive Committee who shall not be counted among the
delegates of any particular member, not withstanding their
affiliation to any member church or organisation. |
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6.2.2 |
Delegates representing each
Christian denomination or Associations of Churches that
is a full member of the Council, according to the
following formula: |
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6.2.2.1 |
Each member church or association with
fewer than 60 000 members and adherents shall be entitled
to 2 delegates; |
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6.2.2.2 |
Each member church or association with
60 000 or more but fewer than 200 000 members and adherents
shall be entitled to 3 delegates; |
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6.2.2.3 |
Each member church or association with
200 000 or more but fewer than 1 000 000 members and
adherents shall be entitled to 4 delegates; |
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6.2.2.4 |
Each member church or association with
1 000 000 or more members and adherents shall be entitled
to 5 delegates. |
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|
6.2.3 |
Two delegates representing
each observer member who shall have the right to speak
but not to vote on matters considered by the National
Conference. |
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|
6.2.4 |
One delegate representing
each associate member. |
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|
6.2.5 |
Two delegates representing
each affiliated provincial Council of Churches, one of
whom is also selected to represent the interests of
provincial members that are not members of the national
Council of Churches. |
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|
6.2.6 |
The Ecumenical Secretary or
equivalent chief executive officer of each provincial
office established by the national Council who shall be
a delegate ex officio with the right to speak but
not to vote on matters considered by the National
Conference. |
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|
6.2.7 |
Honorary Life Presidents and
Honorary Life Vice-Presidents of the Council. |
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|
6.2.8 |
Any special delegates
recognised by the National Conference in terms of section
6.5. |
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|
6.2.9 |
Not more than six additional
persons, invited by the President because of their
particular skills, position or expertise, who shall have
the right to speak but not to vote on matters considered
by the National Conference. |
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|
6.2.10 |
All delegates shall have the
right to vote except where otherwise stipulated in terms
of section 6.2 or 6.5. |
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6.3 |
With the exception of the
General Secretary and provincial Ecumenical Secretaries
(if any) delegates shall not be paid employees of
the Council. |
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6.4 |
Members shall appoint
delegates according to their own rules and procedures
but should ensure that their delegates reflect the
gender and age balance of their membership, as far as
is possible. |
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6.5 |
The National Conference
may agree, by a two-thirds vote of the delegates
present, to recognise one or more special delegates
for the duration of the Conference. A motion to
recognise special delegates must specify either
the names of the delegates or the criteria or
mechanism by which they will be selected and must
indicate whether each special delegate will have
voting rights. |
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6.6 |
The National Conference
has the following powers and duties: |
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|
6.6.1 |
To determine the vision,
mission, strategy and goals of the Council; |
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|
6.6.2 |
To formulate Council policy
with respect to national and ecumenical issues; |
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|
6.6.3 |
To elect the Officers of the
Council; |
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|
6.6.4 |
To ratify and amend the
Constitution of the Council; |
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|
6.6.5 |
To terminate membership on
the recommendation of the Central Committee and to hear
appeals against the suspension of members or the refusal
of applications for membership; and |
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|
6.6.6 |
To provide an opportunity for
interaction with guests from international partners and
ecumenical institutions. |
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6.7 |
Meetings of the National
Conference |
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|
6.7.1 |
The National Conference
shall meet not less than once in every three years at
a time determined by the National Executive Committee. |
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|
6.7.2 |
The General Secretary shall
notify members, in writing, of a meeting of the National
Conference not less than 28 days before the commencement
of the meeting. Such notification must contain a statement
of the business to be transacted, the reports to be received
and the text of any constitutional amendments to be considered
at the meeting. |
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6.7.3 |
National Conferences shall be
chaired by the President of the Council or, in the absence
of the President, by one of the Vice-Presidents of the
Council. |
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|
6.7.4 |
Each meeting of the National
Conference shall: |
|
6.7.4.1 |
Keep a record of those in attendance and
the members that they represent; |
|
6.7.4.2 |
Read and confirm the minutes of the previous
meeting; |
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6.7.4.3 |
Receive a report from the General Secretary
on the work of the Council for the period since the previous
National Conference; |
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6.7.4.4 |
Receive a financial report from the Chair
of the Finance Committee of the National Executive
Committee; |
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6.7.4.5 |
Consider any properly proposed amendments
to the Constitution; |
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6.7.4.6 |
Elect new office bearers; |
|
6.7.4.7 |
Conduct any other business that is consistent
with the powers and functions of the National Conference. |
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|
6.7.5 |
A quorum for the National
Conference shall be one third of the delegates entitled to
be present and to vote in terms of Section 6.2, provided that
not less than two thirds of the full member churches have at
least one delegate present. |
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|
6.7.6 |
The General Secretary shall
convene a special meeting of the National Conference within
two months of receiving a requisition in writing signed by the
authorised representatives of not less than one third of the
full members of the Council. |
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| 7 |
THE CENTRAL COMMITTEE |
|
7.1 |
The Central Committee implements
the policy and programmes approved by the National Conference
and oversees the administration of the Council's affairs when
the National Conference is not in session. |
|
7.2 |
Any decision made by the Central
Committee that alters or reverses a policy decision of the
Conference must be reported to the National Conference at
its next meeting. |
|
7.3 |
The Central Committee shall
consist of: |
|
|
7.3.1 |
The members of the National
Executive Committee who shall not be counted among the
delegates of any particular member, notwithstanding their
affiliation to any member church or organisation; |
|
|
7.3.2 |
The leader and the chief executive
officer of each full member of the Council (or their
designates); |
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|
7.3.3 |
One woman and one youth delegate
appointed by each full member of the Council; |
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|
7.3.4 |
One delegate appointed by each
observer associate member of the Council; and |
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|
7.3.5 |
One delegate appointed by each
affiliated provincial council of churches. |
|
7.4 |
Delegates representing observer
members shall have the right to speak but not to vote on
matters considered by the Central Committee. |
|
7.5 |
Employees of the Council may be
present at Central Committee meetings and may be afforded the
opportunity to speak at the discretion of the meeting’s chair,
but, with the exception of the General Secretary and the Deputy
General Secretary (if appointed), they shall not have the right
to vote on matters considered by the Central Committee. |
|
7.6 |
The Central Committee has the
following powers and duties: |
|
|
7.6.1 |
To admit new members to the Council; |
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|
7.6.2 |
To set membership fees for different
categories of membership; |
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|
7.6.3 |
To interpret the policies and
programmes adopted by the National Conference; |
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|
7.6.4 |
To elect the Executive Committee
at least once every three years and to fill any vacancies that
arise in the Executive Committee (with the exception of the
seats contemplated in section 8.2.5); |
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|
7.6.5 |
To assess the performance,
discipline and, if necessary, remove Officers of the Council
and members of the Executive Committee; |
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|
7.6.6 |
To appoint and delegate responsibilities
and powers to subcommittees or to the Executive Committee. |
|
7.7 |
Meetings of the Central Committee |
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|
7.7.1 |
The Central Committee shall meet at
least once in each calendar year. |
|
|
7.7.2 |
Meetings of the Central Committee
shall be chaired by the President of the Council or, in the
absence of the President, by one of the Vice-Presidents of the
Council. |
|
|
7.7.3 |
The General Secretary shall notify
members, in writing, of a meeting of the Central Committee not
less than 28 days before the commencement of the meeting.
Such notification must contain a statement of the business to
be transacted and the reports to be received. |
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|
7.7.4 |
A quorum shall be one third of the
members of the Central Committee entitled to be present and to
vote in terms of section 7.3. |
|
|
7.7.5 |
The General Secretary shall report
on the work of the Council to the Central Committee at each of
its meetings. |
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| 8 |
THE EXECUTIVE COMMITTEE |
|
8.1 |
The Executive Committee shall meet
at least four times in each calendar year and shall appoint
one of its members to preside over its meetings. |
|
8.2 |
The Executive Committee shall
consist of: |
|
|
8.2.1 |
The President and the
Vice-Presidents of the Council; |
|
|
8.2.2 |
The General Secretary and the
Deputy General Secretary (if any); |
|
|
8.2.3 |
Four persons, elected by the
Central Committee at its first meeting following the
commencement of a National Conference, to represent full
members of the Council, taking into account the diversity of
age, gender and theological traditions represented among the
Council’s members; |
|
|
8.2.4 |
Four persons, elected by the
Central Committee at its first meeting following the
commencement of a National Conference, to provide skills in
finance, law, management or other areas of expertise vital to
the efficient administration of the Council; |
|
|
8.2.5 |
Not more than four additional
persons, some or all of whom may be elected by the Central
Committee at its first meeting following the commencement
of a National Conference. The Executive Committee may fill
any unfilled seats by co-option. |
|
8.3 |
The Central Committee may, by a
two-thirds vote of the delegates present, remove any member
of the Executive Committee that it has elected if that member— |
|
|
8.3.1 |
is absent, without providing a
valid reason, from two or more consecutive meetings of the
Executive Committee; |
|
|
8.3.2 |
was appointed to represent a full
member of the Council and is no longer able to do so; or |
|
|
8.3.3 |
engages in activities that are
inconsistent with the objects of the Council, as set out in
section 3. |
|
8.4 |
The Executive Committee has the
following powers and duties: |
|
|
8.4.1 |
To adopt an annual budget for the
Council and to assist in raising funds to carry out the
programmes of the Council; |
|
|
8.4.2 |
To assume fiduciary responsibility
for the Council’s finances; |
|
|
8.4.3 |
To authorise all Council grants,
loans, investments and bank accounts and ensure that these are
managed in accordance with sound financial principles; |
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|
8.4.4 |
To appoint the Auditors of the
Council’s accounts; |
|
|
8.4.5 |
Oversees the development and
implementation of programme plans; |
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|
8.4.6 |
To appoint a General Secretary and,
if necessary, a Deputy General Secretary; |
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|
8.4.7 |
To appoint subcommittees, including
any standing subcommittees; to delegate powers and duties to
them, and to receive reports from them; |
|
|
8.4.8 |
To build the image of the Council
and foster good community relations; |
|
|
8.4.9 |
To interpret, elaborate and apply
Council policy in the period between National Conferences; |
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|
8.4.10 |
To assess continually the Council’s
overall performance; and |
|
|
8.4.11 |
To develop and enforce procedures
governing staff employment, appraisal, discipline, training
and development. |
|
8.5 |
A quorum shall be one third of the
members of the Executive Committee. |
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| 9 |
OFFICERS OF THE COUNCIL |
|
9.1 |
The President and the Vice-Presidents |
|
|
9.1.1 |
Election |
|
9.1.1.1 |
A President, a Senior Vice-President and a
Vice-President of the Council shall be elected by the National
Conference in separate successive ballots. |
|
9.1.1.2 |
A candidate for election to any of these offices
must be nominated and seconded by full members of the Council,
must be a member in good standing of his or her denomination
and must consent to serve if elected. |
|
9.1.1.3 |
Officers shall hold office until the closure of
the next National Conference subsequent to their election but
shall be eligible for nomination and re-election. |
|
|
9.1.2 |
Powers and duties |
|
9.1.2.1 |
The President presides over the National
Conference and all meetings of the Central Committee. |
|
9.1.2.2 |
The Senior Vice-President shall deputise for
the President if the President is absent or incapacitated. In
the absence of both the President and the Senior Vice-President
the other Vice-President shall deputise for the President. |
|
|
9.1.3 |
Suspension |
|
9.1.3.1 |
The Central Committee may suspend an officer
from office if it determines that such officer has made
statements or taken actions inconsistent with the objects of
the Council. |
|
9.1.3.2 |
Notice of a motion to suspend an officer must
be given in writing to the General Secretary not less than 14
days prior to the Central Committee meeting at which the motion
is to be considered. Such motion must state the reasons for
suspension and must be signed either by two voting members of
the Central Committee or by two-thirds of the members of the
Executive Committee. |
|
9.1.3.3 |
An officer whose suspension is to be debated
must be given not less than 7 days written notice and must be
afforded an opportunity to speak in his or her own behalf at
the meeting. |
|
9.1.3.4 |
To succeed, a motion to suspend an officer
requires the support of two-thirds of the voting delegates
present at a Central Committee meeting. |
|
9.1.3.5 |
If the President resigns or is suspended from
office, the Senior Vice-President shall assume the office of
the President for the remainder of the term of office of the
President. If the Senior Vice-President is unable to serve as
President, the Vice-President shall serve as President. |
|
9.1.3.6 |
If a Vice-President resigns or is suspended
from office the Central Committee may appoint an interim
Vice-President for the remainder of the term of that
Vice-President. |
|
9.2 |
The General Secretary |
|
|
9.2.1 |
The Executive Committee shall
appoint a General Secretary who will be the principal executive
officer of the Council. |
|
|
9.2.2 |
The General Secretary has the
following powers and duties: |
|
9.2.2.1 |
To manage the day-to-day operation of the
Council; |
|
9.2.2.2 |
To interpret and apply Council policy in
response to contemporary events; |
|
9.2.2.3 |
To act as primary public spokesperson for the
Council; |
|
9.2.2.4 |
To report to Council structures on Council
activities; |
|
9.2.2.5 |
To appoint and supervise departmental and
programme directors; |
|
9.2.2.6 |
To ensure the implementation of programme plans
and policies; |
|
9.2.2.7 |
To facilitate fund raising on behalf of the
Council; and |
|
9.2.2.8 |
To serve as a professional resource to the
Executive Committee and to provide orientation for new
Executive Committee members. |
|
|
9.2.3 |
The General Secretary may delegate
certain powers and responsibilities as necessary for the
efficient functioning of the Council. |
|
|
9.2.4 |
The Executive Committee may
appoint a Deputy General Secretary to assist and work with the
General Secretary. |
|
|
9.2.5 |
The responsibilities of a Deputy
General Secretary shall be decided by the Central Committee in
consultation with the General Secretary. |
|
| 10 |
FINANCE |
|
10.1 |
The Executive Committee shall
appoint at least three unrelated people as financial officers
to accept fiduciary responsibility for the Council’s financial
management. Normally, the financial officers will be the
President, the General Secretary, and the Chair of the Finance
Subcommittee of the Executive Committee, unless any of these
individuals are related. |
|
10.2 |
The Executive Committee shall
appoint a standing Finance Subcommittee to oversee the
Council’s finances. |
|
10.3 |
The head of the Council’s financial
department shall be responsible for managing the day-to-day
finances of the Council and ensuring that proper records are
kept of all of the Council’s assets, liabilities and financial
transactions. |
|
10.4 |
The head of the Council’s financial
department shall ensure that all of the Council’s funds
(except for a reasonable amount of petty cash necessary to
finance incidental expenses) are deposited into a bank account
in the Council’s name. All withdrawals from or cheques drawn
on this account must be signed by at least two of the financial
officers designated by the Executive Committee. |
|
10.5 |
The Council’s funds may only be
spent in pursuit of its objectives and may not be distributed,
directly or indirectly, to any person except in the course of
undertaking a public benefit activity. |
|
10.6 |
The Council may not use its assets,
directly or indirectly, to support, advance or oppose any
political party. |
|
10.7 |
The Council may not accept any
donation that may be reclaimed by the donor (except where the
Council fails to abide by or fulfil a written condition
attached to the donation at the time it was made). |
|
10.8 |
The Council may not carry on any
business or trading activity that would render it ineligible
for registration as a public benefit organisation in terms of
the Income Tax Act, 1962. |
|
10.9 |
The Executive Committee shall
appoint a registered accounting officer or firm annually to
audit the Council’s financial records. |
|
10.10 |
The financial year of the
organisation shall be from 1 January to 31 December of each
calendar year. |
|
10.11 |
The General Secretary must ensure
that the organisation’s audited annual financial statements
and a narrative report on its activities during the previous
financial year are submitted to the Director of Nonprofit
Organisations within six months after the end of the financial
year. |
|
| 11 |
PROCEDURES |
|
11.1 |
Notice of meetings |
|
|
11.1.1 |
Unless otherwise specified in this
constitution, the General Secretary shall give 14 days notice
to members of all regular meetings of Council structures. |
|
|
11.1.2 |
It is the responsibility of members
to provide the General Secretary with current contact details
for the dispatch of notice of meetings. Notice will be deemed
to have been properly given where it is dispatched to a member’s
current address by post, fax or electronic mail. |
|
|
11.1.3 |
The inadvertent failure to give
adequate notice of any meeting or to include an agenda shall
not invalidate the business of any meeting, provided that any
member of the Council who may not have received notice will be
entitled to require any matter decided in their absence to be
debated afresh if the President is satisfied that notice was
not given. |
|
|
11.1.4 |
The decision of the President as to
whether notice was or was not given shall be final. |
|
11.2 |
Voting |
|
|
11.2.1 |
Unless otherwise specified in this
constitution, every motion before a structure of the Council
shall be decided by a simple majority (50 per cent plus one of
those present). |
|
|
11.2.2 |
Voting shall be conducted by a show
of hands unless the President rules that there shall be a ballot. |
|
|
11.2.3 |
In the case of a tie, the President
shall have a deciding vote. |
|
11.3 |
Rules of Procedure for National
Conferences |
|
|
11.3.1 |
The Executive Committee shall draft
Rules of Procedure for adoption by the National Conference. |
|
|
11.3.2 |
Any procedural rule may be suspended
by the National Conference provided that two thirds of the
delegates present so decide. |
|
| 12 |
AMENDMENT OF THE CONSTITUTION |
|
12.1 |
This constitution may be amended
by the vote of two thirds of delegates present at a meeting of
the National Conference, provided that particulars of the
proposed amendments were included in notice of the meeting
given not less than 28 days before the meeting. |
|
12.2 |
The Central Committee shall be
empowered to amend the constitution to the extent necessary to
bring it into compliance with South African law. Any such
changes must be ratified by a vote of two thirds of the
delegates present at the next meeting of the National
Conference. |
|
12.3 |
The General Secretary shall submit
a copy of any amendment to this constitution to the
Commissioner of Revenue and the Directorate of Nonprofit
Organisations within 30 days of its adoption. |
|
| 13 |
DISSOLUTION |
|
13.1 |
The Council may be dissolved upon
the vote of two thirds of the full members at a special meeting
of the National Conference called for the purpose of
considering such dissolution, provided that notice of such
proposed dissolution shall have been given not less than 90
days before the date of such meeting. |
|
13.2 |
In the event of dissolution, the
net assets of the Council shall be disposed of to other
organisations or bodies having similar aims and objects to the
Council in such manner as the resolution dissolving the Council
directs, subject to section 13.3. |
|
13.3 |
The net assets of the Council may
only be transferred to one or more of the following bodies— |
|
|
13.3.1 |
Any public benefit organisation,
approved by the Commissioner of Revenue in terms of section 30
of the Income Tax Act, 1962; |
|
|
13.3.2 |
Any institution, board or body that is
exempt from tax in terms of section 10(1)(cA)(i) of the Income Tax
Act, 1962, and that has as its sole or principal objective the
carrying on of any public benefit activity; or |
|
|
13.3.3 |
Any department of state or
administration in the national, provincial or local sphere of
government of the Republic, as contemplated in section 10(1)(a)
or (b) of the Income Tax Act, 1962. |
