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THE LEAGUE OF FRIENDS OF THE BLIND (W/O 0025)
C O N S T I T U T I O N
1. NAME AND AREA
1.1 The name of the association shall be The League of Friends of the Blind, otherwise known as LOFOB.
1.2 The area in which business will be carried on primarily shall be the Western Cape.
1.3 The Head Office of LOFOB shall be in Grassy Park.
2. OBJECTS
The objects of LOFOB shall cover services to all visually handicapped persons, but more particularly to those of the disadvantaged communities and shall be:
2.1 to provide educational, vocational, cultural, recreational, rehabilitatory and various relief services, as well as accommodation.
2.2 to spread propaganda and to take the necessary steps in regard to the prevention of blindness.
2.3 To act as Trustees for any special grant or fund for a particular purpose.
2.4 To provide any assistance not specified above.
2.5 To co-operate with any other societies having similar objects, in providing any of the services formulated in this rule.
3. STATUS AND POWERS OF THE ORGANISATION
3.1 The organisation shall exist in its own right independently from its members and shall have perpetual succession.
3.2 The organisation shall be a corporate entity and can sue and be sued in its own name.
3.3 The organisation shall have the power to sign contracts and enter into relationships as set out in this constitution.
4. MEMBERSHIP
4.1 Subject to the approval of the Executive Committee membership shall be granted upon completion of an official application for membership form and payment of an annual membership fee as may be determined by the Executive Committee from time to time.
4.2 Membership fees shall be payable for a year commencing on 1st April and ending on 31st March and shall be paid as soon as possible after the 1st of April in order to be eligible to exercise membership rights at any meeting or event relative to that period. Should membership fees remain outstanding for more that 30 days after the 1st April or should a member fail to abide by the regulations, the Executive Committee may terminate such member’s membership on notice to the member to that effect.
4.3 A member shall have the right to be named as a member and to exercise a vote at all general meetings.
5. LOCAL COMMITTEES
5.1 Local committees established prior to 1999, continue to exist until such time as the members decide to dissolve or their membership drop to below 7 persons.
5.2 Local committees shall carry out any of the functions as set out in Clause 2 of the Constitution in so far as it concerns them locally, except that it may initiate, with the consent of the Executive Committee, any project having a wider appeal.
5.3 Should a local committee wish to dissolve, it shall inform the Head Office of its intention, stating its reasons and conversely, if the Executive Committee is of the opinion that any local committee should be dissolved the Executive Committee shall convene a meeting of the members of the local committee concerned in order to get their opinion as to whether the local committee shall be dissolved.
5.4 Should a local committee be dissolved, all its books and possessions shall be handed over to the Head Office within 30 days of such dissolution.
5.5 Should a local committee not comply with Clause 5.4, the Executive Committee may institute legal action to obtain these and it shall be a charge against the officials, jointly and severally of the local committee at the time of the dissolution.
6. FRIENDS OF LOFOB COMMITTEES
In order to promote community involvement, The Executive Committee may by charter establish ”Friends of LOFOB Committees”.
7. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS, EMPLOYEES AND COMMITTEE MEMBERS
7.1 The office bearers, employees and committee members of LOFOB, provided that they have not acted in a manner which would constitute misconduct, and provided that they have acted in accordance with this constitution, shall be indemnified by LOFOB against all proceedings, whether civil or criminal, costs and expenses incurred by reason or omission, done in performance of their duties on behalf of LOFOB and they shall not be personally liable for any of the debts of LOFOB.
8. EXECUTIVE AND OTHER COMMITTEES
8.1 The management of LOFOB shall rest in the Executive Committee which shall:
8.1.1 exercise such powers as may be necessary to carry out the objects of LOFOB.
8.1.2 have the power to co-opt for any period, persons to fill any vacancy on the Executive or for any special purpose.
8.1.3 Prescribe procedure for the meetings of LOFOB or of any committee of LOFOB, which shall not be in conflict with the general principles of this constitution.
8.1.4 Administer and manage the affairs of LOFOB.
8.2 The Executive Committee shall consist of the following, all elected at the Annual General Meeting.
8.2.1 A President who shall generally exercise supervision over the affairs of LOFOB and perform such other duties as by usage and custom pertain to the office. He shall, ex-officio, be a member of all Committees and shall preside at the Annual General Meeting and meetings of the Executive where he shall have only a deliberative vote. It will be expected of the President to employ whatever opportunities are created or offered for the purpose of enhancing the esteem and image of LOFOB. In the case of urgency, the President shall be competent, in consultation with the Director, to make decisions and/or give instructions in regard to any matter and shall report thereon at the earliest opportunity to the appropriate committee. The President shall not serve longer than three consecutive years.
8.2.2 A Vice-President who shall exercise powers and perform the duties of the President in his/her absence.
8.2.3 A Treasurer who shall countersign all cheques drawn on the banking account of LOFOB, present a statement of the finances of LOFOB at every ordinary meeting of the Executive Committee and draft the annual budget with the Executive Director and present the financial statement to the Annual General Meeting. The Treasurer shall be chairman of the Finance and General Purposes Committee.
8.2.4 the Immediate Past President
8.2.5 up to six (6) other members to be elected at the Annual General Meeting.
8.3 Motivated nominations for the positions on EXCO shall be submitted for consideration to the Executive Committee meeting held immediately prior to the Annual General Meeting.
8.4 Any person who has been a member in good standing of LOFOB for at least twelve (12) months shall be eligible to serve on the Executive Committee.
8.5 The Executive Committee is empowered to delegate certain powers and/or duties and/or responsibilities to other committees, any office bearers and the Executive Director.
8.6 In the event of any situation or contingency arising, which is not covered by this Constitution, the Executive Committee is empowered to take the necessary steps to deal with such situation or contingency in the best interest of LOFOB.
8.7 The first meeting of the Executive Committee shall be held within 30 days after the Annual General Meeting and thereafter at approximately three monthly intervals.
8.8 There shall be constituted a Finance and General Purposes Committee to attend to matters appertaining to the finances of LOFOB, and to all other matters requiring attention between meetings of the Executive Committee.
8.8.1 The Finance and General Purposes Committee shall consist of:
8.8.2 The Finance and General Purposes Committee shall have a meeting on a monthly basis between meetings of the Executive Committee and as otherwise may be required.
8.9 Fifty percent plus one of the members of a committee shall be a quorum.
8.10 The term of office of the Executive and all committees shall terminate upon the election of the new Executive Committee or any other committee replacing the existing committee.
8.11 The Executive Committee may from time to time appoint committees to perform specific functions.
9. STAFF
The staff of LOFOB shall consist of:
9.1 A Chief Executive Officer named the Executive Director whose duties shall include: -
9.1.1 making a study of and submitting to the Executive Committee motivated schemes for the expansion of the services of LOFOB within the stated aims of the organisation;
9.1.2 representing LOFOB at symposiums, conferences and/or other appropriate gatherings with the knowledge and approval of the Executive Committee;
9.1.3 making representation to State, semi-state and local authorities as well as other appropriate instances in order to advance the aims and projects of LOFOB;
9.1.4 supervising staff and reporting on performances and requirements;
9.1.5 co-ordinating the various programmes, activities and departments of LOFOB so as ultimately to supply the most effective services to LOFOB’s clients;
9.1.6 drafting, in consultation with the Treasurer, the annual budget and submitting it to the Executive Committee for approval;
9.1.7 serving as LOFOB’s chief Public Relations Officer;
9.1.8 such duties as by usage and custom pertain to the office of a General Secretary of LOFOB;
9.1.9 ensuring that minutes are kept of all meetings of LOFOB or its committees;
9.1.10 being the custodian of records and assets of LOFOB.
9.2. Such professional, administrative and domestic staff as determined by the Executive Committee and/or the Finance and General Purposes Committee.
9.2.1 The responsibility for the employment and dismissal of staff shall rest with the Executive Committee except that the said committee may, delegate this duty to be performed on its behalf by the Finance and General Purposes committee or the Executive Director.
9.2.2 The conditions of service of the staff, shall be determined by the Executive Committee in terms of relevant legislation, except that the said committee may by resolution delegate the authority to the Finance and General Purposes Committee.
10. LIFE MEMBERS AND PATRON
10.1 Honorary life membership may be bestowed by LOFOB on any person because of his/her special interest in and/or contribution made to the cause of blind welfare work.
10.2 The Executive Committee may from time to time appoint a patron for LOFOB.
11. REPRESENTATION TO AUTHORITIES
11.1 No representation shall be made on behalf of LOFOB to any State Authority, national or international organisation except through the Executive Committee or in terms of 9.1.3.
12. FINANCE AND IMMOVABLE PROPERTY
12.1 The funds of LOFOB shall consist of membership fees, donations in cash or kind, endowments, bequests, gifts of land, other property or assets and money raised by other means approved by the Executive.
12.2 All funds received by LOFOB shall be deposited to its credit in a banking account with a registered financial institution.
12.3 The Executive may acquire, by purchase, lease or otherwise, moveable and immovable property, and also mortgage, sell or otherwise deal with or dispose of such property. It may enter into contract for the erection, remodelling, reconstruction, repair or demolition of any of LOFOB’s buildings.
12.4 The Title Deeds of LOFOB’s properties shall be registered in the name of The League of Friends of the Blind.
12.5 The financial year of LOFOB shall end on 31st of March.
12.6 At no time shall LOFOB’s accountant and auditors be of the same firm.
12.7 Any property or income of LOFOB shall be utilised solely in the furtherance of its aims and objects and no property or income shall be transferred directly or indirectly in any manner whatsoever so as to profit any person other than by way of the payment in good faith of reasonable remuneration to any officer or employee of LOFOB for any services actually rendered to it.
13. ANNUAL GENERAL MEETING
13.1 The Annual General Meeting of LOFOB shall be held as soon as possible after the 31st of March but no later than 31st July.
14. NOTICE OF MEETINGS
14.1 Written notice of meetings shall be given by the Executive Director to each member entitled thereto at least 21 days before the meeting in the case of the Executive Committee and at least 7 days in the case of all other committee meetings. Notice for the Annual General Meeting shall be given at least 30 days before the meeting.
15. DECISION MAKING
15.1 Where necessary, all matters at any meeting of LOFOB, or its committees shall be decided by a simple majority vote in favour except as otherwise indicated in 16.2.
15.2 Voting shall be by show of hands except in the case of elections or where decisions around persons are to be made.
15.3 Minutes will reflect only resolutions taken.
16. ALTERATIONS TO THE CONSTITUTION
16.1 Written notice of proposed amendments to the Constitution must reach the Director not later than 31st of March.
16.2 Any proposed amendments to the Constitution shall have immediate effect if carried by a majority of at least two thirds of the members present at the Annual General Meeting or at a Special General Meeting convened for the purpose of amending the Constitution.
17. DISSOLUTION OF LOFOB
17.1 LOFOB can only be dissolved by at least two-thirds majority vote at a Special Meeting called for this specific purpose and for the purpose of disposing of LOFOB assets.
17.2 This Special Meeting as contemplated in 17.1.shall consist of all paid up members as well as a representative of any State Department from which a grant has been received.
17.3 At least twenty-one days written notice shall be given of such meeting as contemplated in 17.1.
17.4 At no time shall LOFOB as such declare or otherwise divide the profit amongst, or for the benefit of its members.
17.5 If upon dissolution of the association there remain any assets whatsoever after the satisfaction of all its debts and liabilities, such assets shall not be paid to or distributed among its members.
Such assets shall be given to such other organisation(s), preferably having similar objects and which is/are registered in terms of the Non Profit Organisations Act, (Act No.71 of 1999).
This may be decided either by the members, at the General Meeting at which it was decided to dissolve the Association or in default of such decision as may be decided by a duly appointed representative of the State.
We, the undersigned, hereby certify that the above is the Constitution of
THE LEAGUE OF FRIENDS OF THE BLIND (W/O 0025),
as adopted on 12th June 1999.
Signed at GRASSY PARK on this day of __________________.
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PRESIDENT EXECUTIVE DIRECTOR
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