Before an organisation like an advice centre writes and approves a constitution, it must be clear:

• Why the organisation exists, in other words, what its aims and objectives are
• How the organisation intends to work – its policies, principles and strategies

These matters must be carefully discussed in order to see whether they are appropriate to the needs of the community. This means an organisation can exist for some time before it is ready to finalise its constitution. A draft constitution can be discussed with the various stakeholders and then finally approved and adopted by the highest decision-making body.

A constitution is a set of rules and regulations that govern the structures of an organisation and how it should function. Organisations need constitutions so that people are clear about:

• The aims and objectives of the organisation (why it exists)
• Who the organisation’s key constituency and stakeholders are (who should benefit from its work)
• How the organisation works –
  • the structures
  • the duties of members
  • the duties of elected membership

The Constitution should be clear and simple so that members understand their rights and responsibilities, leaders understand their mandate and how to be accountable and members of the public understand why the organisation exists and how it operates.

In law the constitution is called the ‘founding document’ and it is legally binding on the executive and members of the organisation.

The Non-profit organisation Act has detailed and clear sections on what needs to be included in the constitution of a nonprofit organisation if it wants to register under the act. (See: Non-Profit Organisations Act (No 71 of 1997))