Constitution: 1. Name
Constitution: 1. Name
1. Name 1.1 The organizational hereby constituted will be called ESIDLEKENI Co-operative Its shortened name will be ESIDLEKENI (hereinafter referred to as the co-operative) 1.2 Body Corporate The co-operative shall: Exist on its own right, separately from its members. Continue to exist even when its members changes and there are different office bearers. Be able to own property and other possessions. Be able to sue and sued in its own name.
2. Objectives (a) The co-operatives main objectives are to: 1. To improve the quality of our lives. 2. To strive for best practice and excellence 3. To built capacity through training and mentoring 4. To render good service 5. To promote wellness and eagerness to learn 6. To encourage positive living 7. To improve quality of live through sustainable projects.
(b) The co-operatives secondary objectives will be to: 1. To improve linkages and referrals between work based and other related institutions 2. To foster collaboration with other stakeholders.
3. Income and Property 3.1 The organization will keep a record of everything it owns. Each member will be held equally accountable and responsible the co-operatives property, keeping a strict record of equipment in use and in stock. 3.2 The co-operative may not give any of its money to or property to its members or office bearers. The only time it can do this is when it pays for work a member or office bearer has done for the co-operative. 3.2 A member of the co-operative can only get money back from the co-operative for expenses that she or he has incurred for or on behalf of the co-operative and dividends/ remunerations will on be equal for all participating members. 3.3 Members or office bearers of the co-operative do not have rights over things that belong to the co-operative, members shall not keep any item that is deemed to be property of the co-operation without the consent of the members, all property shall be kept at a common place that is acceptable to all members 4. Membership and General Meeting 4.1 If a person wants to become a member of the co-operative, she or he will have to ask the co-operatives management committee. The management committee has the right to say no. 4.2 Members of the co-operative must attend its annual general meeting. At the annual general meeting members exercise their right to determine the policy of the co-operative. 4.3 Members of the co-operative shall attend meetings as specified by the constitution. 5. Management 5.1 A management committee will manage the co-operative. The management committee will make up of not less than four members.
5.2 Office bearers will serve for one year but will be able to stand for re-election for another term in office after that. Depending on what kind of services they give to the co-operative, 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 serve. 5.3 If the member of the management committee does not attend three consecutive meetings in a row, without having applied for or obtaining leave of absence from the management committee, then the management committee will find a new member to take that persons 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 committees decisions. The minutes of each meeting will be given management committee members at least one week before the next meeting. The minutes shall be confirmed as true record of proceedings, by the next meeting of the management committee, and shall be signed by the chairperson. 5.6 The co-operative has the right to form sub-committees. The decisions that the sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its next meeting. This meeting should take place soon after the sub-committees meeting. By agreeing to decisions the management committee ratifies them. 5.7 All members of the co-operative have to abide by decisions that are taken by the management committee. 5.8 Members of the board will be made up five board members including the chairperson and the secretary. 6. Powers of the Organization 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. 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 know the date of the proposed meeting not less than 14 days before it is due to take place. They must also tell the other members of the committee which issues are 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 21days notice. 7.3 The chairperson shall act as chairperson of the management committee. If the chairperson is unable to chair a meeting for some reason, one of the committee members will chair the meeting. 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 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 management thinks it is necessary, then it can decide to set up one or more sub-committees. It may decide to do so to get work done quickly. There must be at least three people on a sub-committee. 8. Annual General Meetings The annual general meeting must be held once every year, towards the end of the co-operatives financial year 30 June of each year. The co-operative should deal with the following business, amongst others, at its annual general meeting: Agree to the items to be discussed on the agenda. Attendance register and apologies. Read and confirm the previous meetings minutes with matters arising. Chairpersons report. Secretarys report.
Treasurers report. Changes to the constitution that members want to make. Elect new office bearers. General. Close the meeting.
9. Finance 9.1 An accounting officer shall be appointed at the annual general meeting. His or her duties are to audit and check on the finances of the co-operative. 9.2 The treasurers job is to control the day-to-day finances of the co-operative. The treasurer shall arrange for all funds to be put into the bank account in the name of the co-operative. The treasurer must 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 co-operative must sign the withdrawal of all cheques. 9.4 The financial year of the co-operative ends on June 30th of each year. 9.5 If the co-operative has funds that can be invested, the funds may also be invested with registered financial institutions. These institutions are listed in Section 1 of the Financial Institutions (Investment of Funds) Act 1084.The co-operative can go to different banks to seek advice. 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. Members must vote at this meeting to change the constitution.
10.2 Two thirds of the members shall be present at a meeting (quorum) before a decision to change the constitution is taken. Any annual general meeting may vote upon such a motion, 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 co-operative cease to exist.
11. Dissolution/ Winding-up 11.1 The co-operative 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. When the co-operative 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 co-operative. It should be given in some way to another nonprofit co-operative that has similar objectives. The co-operatives general meeting can decide what co-operative this should be.
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=============================================================== THIS CONSTITUTION WAS APPROVED AND ACCEPTED BY MEMBERS OF Paballong Co-operative At a special meeting held at Shoshanguve this day-------- of--- -----------, 2007 -------------------------------Chairperson -------------------Secretary