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. organisations Act (No 71 of 1997)

NAME: The name of the organisation.

AIMS AND OBJECTIVES:

• The organisation’s immediate goals
• The organisation’s broader political or social aims

MEMBERSHIP

• Who may join
• The duties and privileges of members
• What the membership fees are

Some organisations like an advice centre may not be membership-based organisations. so they will not include a membership section.

STRUCTURES AND DECISION-MAKING

• What structures exist
• How they are formed/elected/employed/appointed
• What powers and duties each structure has
• To whom they are accountable

Structures could be:

• General meetings, including an Annual General Meeting (AGM)
• Executive Committee and/or Management Committee
• What office bearers certain structures have, for example the Executive Committee may have positions of Chairperson, Secretary, Treasurer
• Sub-committees
• Employees
• A staff committee
• National structures
• Regional structures
• Branch structures
• Local structures

Decision-making includes:

• What powers and duties each structure or portfolio has
• The notice period required for certain meetings
• What quorum is needed to make meetings constitutional (‘Quorum’ means that a certain number of members must be present at a meeting if any decisions are to be made. For example, a constitution may say that at least two-thirds of the committee must be present at any committee meeting. Here a quorum will be two-thirds of the total number of the committee.)

MEETING PROCEDURE

• Who will chair meetings
• What type of things will be on the agenda
• How voting will take place
• How minutes are recorded, read and approved

ELECTION OF OFFICE BEARERS

• At which structure or level office bearers are elected
• How office bearers are elected, for example by verbal nomination and show of hands, or by nomination forms and ballot papers
• How the results of the voting procedure are announced
• How vacancies are filled

STAFF

• How staff are appointed
• What positions they hold
• What their duties are
• To whom they are accountable and how they report on their tasks and activities

DISCIPLINE

• What kind of behaviour is expected of members, office bearers or staff
• What kind of behaviour is unacceptable
• When an investigation or disciplinary hearing will be held
• How people may be disciplined

FINANCIAL CONTROL

• Who is responsible for keeping records of all financial income and expenditure
• To whom is that person accountable, for example to an executive committee
• Who can sign payment requisitions
• How often money has to be banked and by whom
• Who has to approve withdrawals from the bank account
• Who must draw up financial statements
• How often these have to be submitted to a controlling structure
• When the organisation’s financial year will begin and end
• When and to whom audited statements are submitted, for example to the AGM

AFFILIATION

• To whom is the organisation affiliated
• What responsibilities or duties this carries

AMENDMENTS TO THE CONSTITUTION

What percentage of the membership is needed to vote in favour of amending the constitution How a member or members wishing to propose an amendment go about this

DISSOLUTION

• What percentage of members is needed to vote in favour of ending the organisation
• What decisions must be taken with regard to the organisation’s assets
• The appointment and duties of a liquidator (the person who administers the dissolving of an organisation)

A constitution with all these parts would be very long and involved. On the opposite page is an example of a very simple constitution. You must draw up your constitution to suit the needs of your organisation.

CONSTITUTION OF THE KAROO RURAL ADVICE SERVICE

1. The name of the advice centre is the Karoo Rural Advice Service (KRAS).
   
2. AIMS AND OBJECTIVES

The aims and objectives of the Karoo Rural Advice Service are to:

• Serve the needs of all people living in the Colesberg area by running an efficient and effective advice centre
• Work with other organisations and people in addressing the problems of residents
• Work with other advice centres that share similar aims and objectives
• Negotiate with the town council to improve living conditions and public facilities
  

3. STRUCTURES AND DECISION-MAKING

• The Annual General Meeting (AGM) will be held once a year.
• General Meetings will be held at least once every 3 months. The powers of the General Meeting will be to propose and implement projects and campaigns, to discuss and approve the appointment of staff, and to debate and decide on all issues raised by the Management Committee.
• Management Committee meetings will be held at least once every 2 weeks. 

At least half of the Management Committee members must be present. 

The Management Committee is made up of a Chairperson, Vice-chair, Secretary, Treasurer and 3 other members. Office bearers will be elected at the AGM. If there are vacancies between AGMs, elections will take place at General Meetings.

The powers and duties of the Management Committee are as follows:

• To look after the finances of the KRAS
• To have the finances properly audited for approval at the AGM
• To take responsibility for the general office administration of KRAS
• To plan the activities of the KRAS following its aims and objectives

STAFF: Advice employees in KRAS are accountable to the Management Committee for their activities. Employees must submit monthly reports to the Management Committee.

DISCIPLINE: The Management Committee has the right to investigate the actions or attitude of any staff member who acts against the aims and objectives of the organisation.

FINANCES: The Treasurer is responsible for all accounting and money matters of KRAS. The Treasurer must produce quarterly financial statements to the Management Committee. An audited financial statement must be presented at every AGM.

AMENDMENTS: The constitution can be changed by a two-thirds majority of a General Meeting.

DISSOLUTION: Only the General Meeting can dissolve the advice centre.