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This is the registered AHS Constitution which is currently in use.
(AHS National Chair)
Sent via Nokia Email
We the Amambatha Heritage Society (AHS), pledge our commitment to a united, democratic, non-racist, non-sexist and non-exploitative country based on freedoms, rights and values enshrined in the bill of rights of the constitution of the Republic of South Africa. It is a Public benefit organisation (PBO) founded on the basic needs of its members.
AHS is dedicated to the preservation of its heritage, customs and upliftment of the living standards of its members including achievement of civil liberties enshrined in the constitution of the Republic of South Africa.
We therefore commit ourselves to the following:
(i) improving the living conditions of Amambatha and all people,
(ii) eradication of poverty and insecurity,
(iii) preserving its history, customs and heritage,
(iv) promotion of economic independence by promoting self-help projects and investments,
(v) promoting good savings and financial security,
(vi) saving for education, funerals and for any other future needs,
(vii) to be involved in community service and healthcare including training and home based care to people infectet or affected with TB, Diabetes, HIV/AIDS and other terminal diseasE.
(viii) to collaborate with organisations sharing similar ideals including traditional leaders.
The name of the organisation is ‘Amambatha Heritage Society’ shortened to ‘AHS’, herein referred to as ‘AMAMBATHA’ which literally means ‘to cover the body’ which its simple meaning is ‘Protector of the Weak’.
To educate, service, research and preserve the history and heritage of its members and to achieve the goals set out in the preamble.
3. AIMS AND OBJECTIVES:
To achieve economic independence, research and preserve its member’s history, heritage and provide home based care and support to people affected or infected with any terminal and curable disease.
4. CENTRAL OFFICE:
The office shall be decided by the NEC taking into consideration all relevant factors including accessibility and cost.
Rules 5 and 6, Legal standing and Membership.
5. LEGAL STANDING:
5.1 AHS shall be a PBO registered as an NPO and a Body Corporate distinct from its members or office bearers,
5.2 It shall be capable of acquiring rights, incurring obligations, entering into legal transactions, and suing and be sued in its own name.
5.3 Shall operate bank accounts ana acquire property in its own name.
5.4 Shall have perpertual existence irrespective of change of leadership.
5.5 The income and property of AHS shall be used solely for the promotion of the stated objectives.
5.6 No portion of the income or property shall be distributed to the Executive or Members by virtue of their office except as;
– reasonable compensation for services actually rendered for AHS.
– reimbursement of actual costs or expenses reasonably incurred on behalf of AHS.
5.7 Freedom of speech, expression, association and circulation of ideas shall be upheld.
6.1 Membership of AHS shall be voluntary and open to all natural persons from the ages of 18 years and above.
6.2 All people who subscribe to its principles aims and objectives and who are prepared to abide by its constitution.
6.3 People who want to be members shall apply to the NEC and the NEC shall have a right to decline membership.
6.4 There shall be membership fees which shall be determined by the NEC which shall be reviewed from time to time.
6.5 Minor (0-17) years children of AMAMBATHA members shall be eligible for benefits which arise from their parent’s or guardian’s membership.
6.6 Application for membership shall be considered at the lowest structure where it exists and such structure shall forward the application with its recommendations for approval by the NEC.
6.7 Membership cards shall be issued by the NEC to registered members whose application for membership has been accepted subject to prospective member having filled the applicain form and payment of prescribed subscription fees.
Rules 7 to 10 Rigths, Fees, Termination and Conduct.
7. RiGHTS $ DUTIES
7.1 To accept and act according to the constitution.
7.2 To take all reasonable actions to defend AHS, its constitution and its property.
7.3 To pay fees due and required by AHS and take an active part in discussions, formulation and implementation of AHS policies.
7.4 To require AHS to take all reasonable steps to advance and lawfully protect the interests of its members.
7.5 To receive notice from AHS about AGM and any other occurences affecting the rights of members not less than 1 month prior to such AGM.
7.6 If in good standing to vote and be voted for at the AGM, Special General Meetings and any other elective meetings.
7.7 If in good standing to scrutinise financial records of AHS.
7.8 To resign on giving 1 month written notice to AHS.
7.9 To report any misbehavior or misconduct done by any member under the name of AHS.
7.10 To express his/her dissatisfaction about any matter of concern in AHS through proper channels.
8. FEES PAYABLE:
8.1 AHS NEC may set the following fees to be paid by its members;
– 8.1.1 Joining fee
– 8.1.2 Annual affiliation fee, and
– 8.1.3 Any other fees agreed upon by the NEC.
9. TERMINATION OF MEMBERSHIP
9.1 Membership shall be terminated if a member who is eligible to pay subscription fees fails or unreasonably refuse to pay such fees as determined by the NEC.
9.2 If membership lapse and 3 months pass without renewal, but such membership shall be re-instated if a member pays with penalties.
9.3 Misconduct and contravention of AHS constitution.
9.4 Any corruption activities which could bring AHS into disrepute.
9.5 A member resigns or dies.
10. CODE OF CONDUCT:
10.1 All members shall take part in advancement of the aims and objectives of AHS.
10.2 All members should respect each other and people at large.
10.3 All members should take part in sub-committees and or commissions.
10.4 Discrimination based on sex, religion and race is not allowed.
10.5 Good family values shall be upheld at AHS.
Rule 11 to 13 NEC Composition.
11.1 The organisational structure of AHS shall be divided into National, Provincial and Local structures.
11.2 All members of the immediate higher structure shall be ex-officio members of the lower structure, and the members of the lower structure shall report to the immediate higher structure and so on.
11.3 It shall consist of the NEC, PEC, LEC and other sub-structures which shall be determined by the NEC.
11.4 There shall be a National Conference which shall elect the NEC, Provincial Conference which shall elect the PEC’s and Local Annual General Meetings which shall elect the LEC’s.
11.5 Each and every constitutional structure of AHS shall have its own Executive Committee which shall report to the immediate higher structure.
12. NATiONAL EXEC COMMITTEE (NEC)
12.1 The NEC shall comprise of the NOB (NC, DPC, SG, NT, DS, OS) and a minimum of 4 and maximum of 7 additional members who shall be appointed to balance the gender.
12.2 The National Office Bearers (NOB) shall take full Fiduciary Responsibility for AHS and shall be accountable to the NEC for all its action.
12.3 If necessary the additional members shall head the department of Health and Welfare, Operations and Projects, Education, Arts and Culture, Policy Research. These shall fall under direct control as follows:
– NC = Policy Research (Governance)
– DPC = Arts and Culture (Heritage)
– SG = Education (Human Resources)
– NT = Operations and Projects (Economic Development)
– DS =Health and Welfare (Social Development)
12.4 The chairpersons and secretaries of the PEC shall sit in the NEC with full voting powers.
12.5 The NEC shall be the highest decision making body in between AGM’s and National Conferences, and shall have authority to lead AHS subject to provisions of the constitution and shall carry out the resolutions of the AGM and or National Conference.
12.6 Ensure that the PEC’s and LEC’s function properly and democratically.
12.7 Issue documents and policy directives as and when it deems fit.
12.8 Establish lower structures, committees, and departments if it deems necessary.
12.9 Suspend or expel member/s only after completion of a disciplinary process.
12.10 A person must have been a paid up member for at least 12 months before he/she can be nominated to the NEC.
13. THE NOB: shall comprise of;
13.1 National Chairperson (NC)
13.2 Deputy Chairperson (DPC)
13.3 Secretary General (SG)
13.4 National Treasurer (NT)
13.5 Deputy Secretary (DS)
13.6 Organising Secretary (OS)
– The NOB shall manage the office of AHS and be responsible for day to day activities in between NEC meetings.
13.1.1 VACATING OF OFFICE BY NEC MEMBER:
13.1.2 If he/she resigns or become unfit and or incapable of executing his/her duties.
13.1.3 If disqualified in terms of Companies Act or equivalent legislation in force from time to time from acting as a Director of a Company.
13.1.1 VACATING OF OFFICE BY NEC MEMBER: (continued)
13.1.4 If removed by NEC by a resolution adopted by at least 3/4 of its members in office from time to time being not less than the minimum of 7. The NEC shall not be obliged to furnish reasons except to the member removed and to the AGM. A member so removed must be a member beyond any rehabiliation prospects.
13.1.5 If the vacancies reduce the number of the NEC to less than 7 shall co-opt a member/s to fill the vacany/ies. The office of a member so co-opted shall lapse unless confirmed by members in the next AGM.
13.1.6 The same procedures shall apply to the other executive structures of AHS but limited to the relevant level.
14. THE PEC
14.1 The PEC shall comprise of Chairperson, Deputy chairperson, Secretarty, Treasurer, Deputy secretary plus 5 members from different districts.
14.2 The Chairperson and Secretaries of the LEC within a province shall sit in the PEC with limited voting powers.
14.3 The PEC can form an REC only if there is a need after consultation with the NEC.
14.4 The duties of the PEC shall be the same as those of the NEC, but limited to its level.
15. LOCAL EXECUTIVE COMMITTEE (LEC)
15.1 The LEC shall comprise of the Chairperson, Deputy Chair, Secretary, Treasurer, Deputy Secretary and 2 additional members.
15.2 The duties of the LEC shall be the same as those of the PEC, but limited to its level.
16. TERMS OF OFFICE:
16.1 NEC 4 years.
16.2 PEC 2 years but can be extended by 1 year at the discretion of the NEC.
16.3 LEC 1 year but can be extended by 1 year at the discretion of the PEC.
17. PROPERTY AND INCOME:
17.1 AHS shall acquire property in its own name.
17.2 Shall have a right to sue and be sued in its own name.
17.3 Shall open and operate bank accounts in its own name and shall do all financial transactions via that account.
17.4 Each of the structures of AHS (NEC, PEC, LEC) can open its own bank account and each structure is entitled to 1/3 of membership fees.
17.5 Income and property shall not be distributable to members or office bearers by virtue of their office, but can be compensated for the work done or service provided for AHS.
Rules 18 and 19 Finance, Powers.
18.1 The Treasurer shall control the dat-to-day finances of AHS and shall make sure that the funds are deposited in the account of AHS in its own name in consultation with the Chairperson.
18.2 Whenever funds are withdrawn from the account at least two of the siganatories shall sign the withdrawal slip or cheque.
18.3 The acounting officer shall be appointed to audit the finances of AHS.
18.4 The finances of AHS shall be used solely for the benefit of AHS not for personal gain of members.
18.5 If AHS has funds that can be invested, those funds shall only be invested with a registered financial institution.
18.6 All financial transactions shall be done via AHS’s bank account.
18.7 The financial year end shall be on the 31st March each year.
18.8 The organisation’s accounting records shall be ready and handed over to the Director of Non-profit Organisations within 6 months after financial year end.
19. POWERS AND DUTIES:
19.1 AHS acting through its NEC shall have all the powers necessary for it to carry out its stated objectives effectively. Such powers shall include, but not limited to, General Investments and Administrative Powers.
19.2 The NEC shall have the power and authority to do anything within the law to achieve the objectives of AHS.
19.3 The NEC shall take all reasonable steps in furthering the aims of AHS, including the power and authority to raise funds or invite and receive contributions or donations.
19.4 The NEC has the right to make by-laws for proper management including procedures for application approval or termination of membership.
19.5 The NEC is the highest decision making body in between AGM or Conferences.
19.6 The NOB shall manage the office of AHS and also be responsible for day-to-day work of AHS in between NEC meetings.
19.7 The NOB shall have the power and authority to buy, hire or exchange any propery that it needs to achieve the objectives of AHS, but it shall do everythin within the constitutional guidelines and resolutions of the AGM and Conference.
Rules 20 to 22 Meetings, Terms
20. MEETINGS AND PROCEDURES:
20.1 The NEC shall hold at least 4 ordinary meetings each year, due to distance half of these meetings can be virtual.
20.2 The PEC shall hold at least 6 meetings per year or 1 meeting bi-monthly.
20.3 The LEC shall hold at least 1 meeting per month.
20.4 The National Elective Conference shall be held once every 4 years.
20.5 The NEC, PEC and LEC can hold special meetings whenever there is a need, but,
20.6 members should be informed 24 hours before due date.
20.7 The chairperson at each level shall chair such meetings and in his/her absentia the deputy chair shall chair or in his absence any senior member can chair.
20.8 Such meetings must form a quorum of 50+1% of members. If the quorum doesn’t materialise, after an hour, the meeting shall be adjourned and reconvened within 14 days.
20.9 When necessary a vote shall be taken and if the votes are equal the chairperson shall have a deciding vote over and above his normal vote.
20.10 Minutes shall be taken to record decisions taken and shall be kept by the secretary and shall be available when needed.
20.11 The Executive at each level if it deems necessary can decid to form 1 or more sub-committees and the sub-committees shall have a minimum of 3 and a maximum of 6 members including a co-ordinator who shall report frequently to the NEC.
20.12 There shall be an AGM every 12 months or just before end of financial year.
20.13 In the AGM reports shall be tabled by the Chair, Secretary and Treasurer and shall be discussed and adopted.
20.14 In the AGM is where the evaluation of the perfomance of AHS shall be done and vacancies filled.
20.15 A member of any executive committee who fails to attend 3 consecutive meetings without a valid apology shall be deemed to have absconded and his position shall be filled by another member in good standing and such member shall act until the next AGM.
21. TERMS ALLOWED FOR OFFICERS
21.1 The members of all executive structures shall stand for elections as many times as they can as long as their services are still needed and they still want to serve.
22. LOCAL STRUCTURES:
The Local Structures are Primary Structures of AHS, each and every member should belong to his/her locality structure before ascending to the higher structure.
Rules 25 to 30 Elections, Discipline, Appeal.
25.1 AHS is a PBO, Community Service, and Heritage Society which in its leadership needs people who have different skills and dedicated to the development and preservation of its heritage and history.
25.2 The appointment and election procedures in all executive structures shall be done by consensus, taking into account the dedication of a member, skills and consideration of gender mix.
– The NEC shall make all necessary arrangements for free
– and fair elections.
25.3 Only members in good standing shall be eligible to be elected or appointed to leadership positions.
25.4 Members in good standing are those who have fully paid their subscription fees and any fees which may be required by AHS and who have been paid up members of AHS for a minimum period of 12 months.
25.5 Voting and nominations shall be done by show of hands, but if 2/3 of members so wish, the vote shall be done by secret ballot. All members shall have one person one vote.
25.6 The total of 10 members shall be elected or appointed in a conference and immediately after, the NEC shall choose among themselves the Nationa Chairperson, Deputy Chair, Secretary General, Treasurer, Deputy Secretary and Organising Secretary.
25.7 The Chairperson shall appoint Heads of Departments among the remaining members if there is a need.
25.8 The outgoing members of the NEC shall have a right to stand for re-election again and again as long as their services are still needed and they are still willing to serve.
26. DISCIPLINARY CODE:
26.1 There shall be a disciplinary committee which shall be appointed amongst members in good standing.
26.2 The NEC shall be the final disciplinary structure.
26.3 The immediate higher structure shall be qualified to discipline a member from the lower structure.
27. DISCIPLINARY PROCEDURE:
27.1 Any member who contravenes this constitution shall be liable to be disciplined.
27.2 The NEC shall have a right to suspend a member pending disciplinary hearing, taking into account the seriousness of the offence.
27.3 A member facing disciplinary action shall be given ample time to prepare for his/her defence and be liable to be represented by a member in good standing.
27.4 The member shall be formally charged and charges levelled against him/her explained.
28.1 A member has the right to appeal to the immediate higher structure.
28.2 The NEC is the highest appeal structure.
28.3 No member shall be allowed to appeal to an outside court of law as by doing so, such member would have defined him/herself outside AHS.
A member can be exonerated, suspended, fined or expelled as per the seriousness of the offence.
30.1 This constitution can be amended or altered if 2/3 of the NEC agree.
30.2 No amendments shall be made which can have the effect of making AHS cease to exist.
Rules 31 to 34 Dissolution, Indemnity.
31.1 AHS can be dissolved if 2/3 of the NEC agree in a meeting especially called for that purpose of which 30 days notice should be given.
31.2 AHS shall have perpertual existence irrespective of change of leadership.
31.3 Upon dissolution the NEC shall be empowered to distribute the assets in any manner decided by the Special Conference of NEC provided such assets shall not be paid or distributed among members of AHS by virtue of being members, but for compensation for work done or service provided.
31.4 For the purpose of winding up the affairs and dissolution of AHS, the NEC by ordinary resolution shall appoint liquidators and determine powers vested to such.
31.5 After the affairs of AHS have been wound up, the remaining assets shall be given to another organisation sharing similar ideals to AHS, as a donation.
32.1 AHS is a National Unitary Organisation, but for purposes of financial transactions and contracts with financial implications, AHS, its National and other sub-structures are seperate entities.
32.2 The NEC, NOB, PEC, LEC and members are indemnified in their personal capacities from all debts or financial obligations entered into, in good faith for the benefit of AHS, its provincial structures and or sub-structures.
32.3 AHS National, Provincial and Local offices can be held liable for debts or financial obligations entered into by itselves.
32.4 The indenmity shall also apply to provinces and sub-structures for debts entered into by the AHS National office.
33. THIS CONSTITUTION:
This constitution shall be binding to all members of Amambatha Heritage Society (AHS).
34. LOGO AND COLOURS:
AHS logo shall be a geographical map of AFRIKA which signifies the origin of our forebearers, spear and a knob kierrie which signifies the war against crime, poverty, disease and hunger, a shield which signifies protection of the vulnerable members of our society. At the centre of the shield shall be an inscription “AHS” in bold letters on letterheads and or a buffalo head shall be affixed in case of t-shirts and banners.
AHS COLOURS: Green shall be a dominant colour and it signifies peace with a sprinkle of black, white and yellow which signifies unity amongst all races of South Africa and the world. The word “AMAGUGU” followed by “Amambatha Heritage Society” shall be inscribed at the top half of the logo and the name “Sontshikazi” shall be inscribed at the South African portion of the African map.
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