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Constitution

PROVINCIAL VICE PRESIDENT

PROVINCIAL CHAIRPERSON

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PROVINCIAL PRESIDENT

EASTERN CAPE POLICE PENSIONERS ASSOCIATION

CONSTITUTION OF THE EASTERN CAPE POLICE PENSIONERS ASSOCIATION

 

 

1. NAME:

 

The  name shall be: EASTERN CAPE POLICE PENSIONERS' ASSOCIATION.

 

The shortened version is : ECPPA

 

2. DEFINITION:

 

2.1 "Collective" means ECPPA

 

"Application' means an application to become a member of ECPPA.

 

"Constitution" means this document outlining the objectives, rules, structures and grievances procedure.

"Financial year" means the period beginning on the first day of April in each year and ending on the last day of March the following year.

"Member" means a pensioner of the South African Police Services including the Surviving spouses of the late pensioned member.

3. AIMS AND OBJECTIVES

 

3.1 to unite police pensioners.

 

3.2 to watch financial interest of members.

 

3.3 to investigate ways of improving welfare of members.

 

3.4 to give moral support to members in time of joy, bereavement, etc.

 

3.5 to communicate with financial groups with the aim of establishing social Benefit offered.

3.6 to investigate existing benefits and privileges of pensioned persons in other sectors of society.

3.7 to work and co-operate with other organisations in the community.

 

3.8 to interact with serving members.

 

3.9 to identify needs of police orphans.

 

3.10 to communicate with GEPF and Medical Aid on behalf of members.

 

3.11 to liaise with care centres and retirement homes.

 

4. ASSOCIATION STATUS

 

4.1 ECPPA shall be registered as a Section 21 company.

 

4.2 ECPPA shall operate as a non-profit entity and has no share capital.

 

4.3 ECPPA is a distinct legal entity, which is independent from that of its members, and shall have a right to sue, and be issued in its own name without legal liability to its members.

4.4 ECPPA, as a distinct legal entity, shall in all legal matters be registered by the President who shall act in his/her capacity as an office bearer of ECPPA without legal liability to his/her persona.

5. HOW THE ECPPA WILL GENERATE INCOME

 

5.1 By means of any fundraising endeavour, including the accepting of funds

 

and donations, as well as the initiating fundraising projects and competitions.

 

5.2 Accept donations, monies, rewards, sponsors or other benefits to the Association, provided that such donations, commissions, monies, rewards, sponsors or other benefits will constitute and form part of funds of the association and shall as such be disposed in accordance with the

provisions to the Articles of the Association.

 

5.3 By contribution by its members

 

 

 

6. STRUCTURE COMPRISE OF BRANCHES FROM VARIOUS TOWNS AND DISTRICTS IN THE

 

PROVINCE:

 

6.1 Annual General Meeting (AGM)

 

6.2 Executive Meeting.

 

6.3 Sub-committee Meeting.

 

6.4 Disciplinary Committee.

 

7. ANNUAL GENERAL MEETING

 

7.1 Annual General Meeting (AGM) is the highest decision-making structure of the Association.

7.2 Annual General Meeting of ECPPA shall be held annually within three months ofthe end of the Financial Year, i.e. before 30 April of each year.

7.3 The chairperson of the Executive in consultation with the executive members, may direct the Secretary to convene an annual general meeting.

 

 

8.4 NOTICE:

 

8.4.1 Written notices will be used to inform members of the  annual general meeting or in a general meeting and shall sign a register to such notification.

 

 

8.5 ORDINARY BUSINESS

 

The ordinary business of the annual general meeting shall be:

 

8.5.1 to confirm the minutes of the last preceding annual general meeting.

 

8.5.2 to receive from the executive committee the following reports:

 

8.5.2.1 President's report

 

8.5.2.2 Audited financial report by the treasurer

 

8.5.2.3 To deal with any special business of which due notice has been given

 

8.5.2.4 To discuss the year plan of the Association.

 

8.5.2.5 To make and adopt any amendments on the constitution.

 

8.6 MEETINGS:

 

8.6.1 Special meeting will be held when the executive committee deem it necessary.

 

8.6.2 General meeting shall be held every second week of every month on a Tuesday at 10h00 by various branches in the Province.

8.6.3 Executive meetings of the Provincial Executive Committee shall be held quarterly By Executive members.

 

 

9. MEMBERSHIP AND FEES

9.1 Membership will be opened to all pensioned members of the SAPS including those

 

Who took a severance package and surviving spouses of the late pensioned members.

 

9.2 The membership shall be R60,00 and payable as from 01 April 2016 by all existing members and shall replace all other monies used to be paid by members, such as membership, renewal, subscription, birthday, christmas and transport.

9.3 The subscription payable each month shall be R60,00 paid on stop order.

 

9.4 Bereavement subscription of R60,00 has been replaced by contribution to Old Mutual, Created for all members for each branch for R10 000 (Ubuntu Burial Society)

An amount of R1 500 shall be paid towards the death of a member to cater for the new Members  until such time their  membership  with Old Mutual is operational. New members should continue with their R60 for bereavement.

9.5 No refunds for resigned members and he/she shall forfeit all the benefits entitled to the existing members.

9.6 A member who has joined shall remain such member unless he/she has tendered his/

 

her resignation. If he/she falls behind of his contribution he/she will be liable for all his/her

 

dues. Any member who owes the Association as from 01/04/2016 he/she will forfeit any benefits until such time he/she pays  his/her dues. Any member who fails to pay his/her

 

contribution for more than three (3) months shall also be regarded to be not a member and he/she has resigned.

 

 

10.     THE PROVINCIAL EXECUTIVE

 

will consist of:

 

10.1 The President

 

10.2 Vice President

 

10.3 Chairperson

 

10.4 Vice Chairperson

 

10.5 Secretary

 

10.6 Vice Secretary

 

10.7 Treasurer (1)

 

10.8 3 Auditors

 

10.9 1 Coordinator

 

10.10 Two (2) additional members and any other co-opted members.

 

 

 

11. FUNCTIONS OF THE EXECUTIVE COMMITTEE

 

11.1 To draw and implement budget and present financial and other reports to AGM.

 

11.2 To manage affairs of the Association.

 

11.3 To implement decisions and resolutions of the Association.

 

11.4 A Year Plan shall be drawn up by the Executive in consultation with members of the Association in January of each year.

 

 

12. TERM OF OFFICE

 

The term of office of the Executive Committee shall be three (3) years.

 

 

 

12.1 RESPONSIBILITIES AND DUTIES OF MEMBERS:

 

12.1 To carry out the responsibilities and requirements of the Association when assigned to.

12.2 To act honestly and in good faith.

 

12.3 Not to make improper representation or use his/her position or information obtained by virtue of his/her position that could prejudice the Association or is aimed at personal gain or self-enrichment.

12.4 To exercise reasonable care and diligence when exercising role, functions and duties of the Association.

12.5 Attend all meetings of the Association expected of him/her to attend in sober senses.

12.6 Protect or preserve the integrity and image of the Association.

 

12.7 Constitution is the property of the Association, however members are prohibited from copying or passing over to non-members without the written authorisation of the Association.

12.8 All complaints against the Association shall be channelled to the Chairman via the Secretary and must be in writing.

12.9 No complaints through the media will be accepted and that will amount to misconduct.

 

 

13. THE PRESIDENT

 

13.1 The President will preside in all Annual General Meetings.

 

13.2 Represent the Association in all matters pertaining the Association outside.

 

13.3 Will give guidance for Press Statements to Spokesperson.

 

13.4 Will oversee to all issues of the Association.

 

13.5 Will monitor the auditing of the Books/Registers of the Association and give report in Annual General Meetings.

13.6 Will give Annual Report on activities of the Association.

 

 

 

14. THE VICE PRESIDENT

 

14.1 In the absence of the President the Vice President will exercise these duties.

 

14.2 Co-ordinate the functionality of all sub-committees including the Old Mutual Burial Societies.

 

 

15. THE CHAIRPERSON

 

15.1 The Chairperson shall chair all meetings of the Association.

 

15.2 Shall focus on internal as well as external matters olf the Association.

 

15.3 Shall sign and approve minutes of previous meetings after ratification by the meeting.

15.4 Shall assist spokesperson in respect of press statements or issue press statements in certain issues.

15.5 He/she will ensure that the Provincial Vice-Chairperson discusses the financial Reports from all branches once a quarter as well as reports from Provincial Sub-Committees at the Provincial Executiv meeting.

15.6 Be signatory of the Association's bank account.

 

15.7 Keep custody of the Association property i.e. financial registers, minute books, debit Orders, date stamps and funds in their possession.

 

 

16. THE VICE CHAIRMAN

 

16.1 In the absence of the Chairperson the vice chairperson shall exercise all the functions of the Chairperson.

16.2 He/she will obtain from all branch chairperson quarterly written financial reports as well as Provincial Sub-Committees written reports.

16.3 If any problem is encountered he/she will discuss with the Vice-President and Address issues encountered before submission to the Provincial Executive meeting.

16.4 Keep in touch with the chairperson in respect of the issues related to the Association.

 

16.5 Inventory disposal and inspection.

 

16.6 Work hand in hand with the Secretary or treasurer to see to it all Association files are Kept in order.

 

 

17. THE SECRETARY shall:

 

17.1 Convene meetings as directed by the Chairperson.

 

17.2 Attend all meetings and record minutes of proceedings.

 

17.3 Prepare reports of any nature.

 

17.5 Keep records of all correspondence and the minutes of each meeting held by the Association.

17.6 Perform other duties as the general meeting may direct.

 

 

 

18. THE VICE SECRETARY

 

18.1 In the absence of the Secretary the vice secretary will perform all the duties of the Secretary.

 

 

19. THE TREASURER

 

19.1 To deposit money with the recognized bank approved by the Association,

 

within two (2) days after the meeting.

 

19.2 To draw up a bank reconciliation statement for auditing and have all registers/ books available for the Auditors.

19.4 To give financial reports quarterly at the meetings.

 

19.5 In an Annual General Meeting he/she will give financial report.

 

19.6 The Treasurer shall account to all matters related to finance.

 

 

20. AUDITING

 

20.1 The Books/Financial Registers of the Association will be audited by the appointed internal auditors on a quarterly basis and the auditors will make

a written report to the Executive Committee within fourteen (14) days of their auditing.

20.2 In cases of dispute if circumstances permit the Books/Financial Registers will be referred to External Auditors for auditing.

 

 

21. VACANCIES:

 

21.1 For the purpose of the Association the position of a member becomes vacant if:

 

21.1.1 he/she resigns by written notice given to the Secretary.

 

21.1.2 the member becomes of unsound mind unless his/her spouse takes up his/her responsibilities.

21.1.3 a member dies or cease to be a resident of South Africa unless his/her surviving spouse took up his/her responsibilities.

21.1.4 a member who has failed his/her dues will have to pay all his/her dues as Stipulated on paragraph 9.6.

21.1.6 The surviving spouse will not be responsible for the debts of his/her spouse, he/she will

 

only continue paying for his/her dues, a month after his/her spouse passed away.

 

 

 

22. QUORUM

 

22.1 Meetings shall have a quorum of at least 50% + 1 of the members of the Association.

 

 

 

23. VOTING:

 

23.1 Decisions will be taken by consensus, if no consensus has been reached, decisions shall be taken by voting through a show of  hands or if  demanded by a member, by a secret ballot.

23.2 The President/Chairperson of the Association will have a casting vote, which will be used when the voting is a tie.

 

 

 

 

 

 

24. APPEAL

 

The decisions by the Executive Committee shall be final after careful consideration of the application.

 

 

25. AMENDMENTS TO THE CONSTITUTION:

 

25.1 Any changes to the Constitution will be done at the AGM after three (3) years.

 

25.2 For the proposed changes to be incorporated in this constitution it needs the support of 75% of the full members at the Annual General Meeting (AGM).

25.3 All members have to submit their constitutional amendments to the Secretary at the general meeting in February of each year prior to the AGM and a draft must be ready and be presented at the general meeting in March each year.

 

Rectifications to be done in March general meeting.

 

25.4 The AGM must adopt and approve the amendments.

 

26. Provincial Executive shall:

 

26.1 Be in control of all branches.

 

26.2 hold meeting with executive members of the branches quarterly

 

i.e. 4 times a year.

 

26.3 have one financial account at Provincial level.

 

26.4 have members i.e. President, vice president, Chairperson,

 

vice chairperson, Secretary, vice secretary, Treasurer and 3 auditors, coordinators and of the respective sub-committes, chairperson and secretaries of the different branches.

26.5 To accept monies, deposit slips from branches.

 

26.6 To issue receipts according to name list from branches.

 

26.7 To issue requisitioned monies to the Chairperson of each branch.

 

26.8 Auditors to inspect all financial registers of the Provincial Office and branches on quarterly basis.

26.9 To launch branches by+- 5 Executive members.

 

26.10 To deposit all monies paid to the Provincial account.

 

26.11 To issue Petty Cash to branches on requisition.

 

26.12 To give full account and supporting documents on all funds received and used.

26.13 Chairperson and his vice to inspect financial registers monthly before the general meeting.

 

27. Branch Executive members will consist of:

 

27.1 Chairperson

 

27.2 Vice Chairperson

 

27.3 Secretary

 

27.4 Vice Secretary

 

27.5 Treasurer

 

27.6 3 additional members to make eight (8)

 

28. FUNCTIONS OF THE BRANCH EXECUTIVE

 

28.1 Before a branch is launched, it must have at least 20 members for the meeting.

 

28.2 To attend AGM once a year.

 

28.3 To attend Provincial General Meetings on quarterly basis or when called upon by Provincial Executive.

28.4 Attendees shall be the Chairperson, Secretary and Treasurer.

 

28.5 The branch shall hold its elections in March and thereafter the Provincial Elections will follow in April each year.

28.6 To requisition petty cash in writing from Provincial Chairperson.

 

 

 

29. ELECTIONS OF THE PROVINCIAL EXECUTIVE

 

29.1 Each branch shall nominate four (4) members to stand for the vote on each post/category.

29.2 The name list of nominated members to reach Secretary on or before 31 March of the last term.

 

 

 

30. DISSOLUTION OF THE ASSOCIATION

 

30.1 The Association may close down if at least 75% of the members present and voting at a meeting convened for the purpose of considering such proposal, are in favour

 

of closing down.

 

30.2 When the Association closes down it has to  pay off all its debts. After doing that, if there is property or money left over it  should not  be paid or  given to  members of the Association. It should be donated in some way to another non-profit organisation that has similar objectives. The Association's general meeting can decide what organisation to choose.

N.B. THIS CONSTITUTION WILL SUPERSEDE ALL PREVIOUS CONSTITUTIONS AS FROM THE DATE SIGNED HEREUNDER.

 

 

 

 

 

 

 

 

M. E. MBILASE

MTANGAYI

W. Z. SONGQUSHWA

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EMAIL: info@ecppa.co.za

EMAIL: info@ecppa.co.za

EMAIL: info@ecppa.co.za

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