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JIM CHAVANI HIGH SCHOOL ALUMNI CONSTITUTION

Preamble

(1)   Whereas certain graduates or former pupil of Jim Chavani High School have met on the 16th of September 2009;

(2)  Whereas the abovementioned graduates identified a need for a formation of an association that will allow and permit the convergence of the rest of the former pupil to deal with issues of common interest amongst the former pupils of the school;

(3)  Whereas there is an enormous necessity for ploughing back to the community that the graduates are coming from educationally speaking;

Therefore an association to be known as JIM CHAVANI HIGH SCHOOL ALUMNI ASSOCIATION is constituted and formed.

1. Definitions and Interpretations

In this agreement, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them hereunder:

(1)    Alumnus means any former pupil of Jim Chavani High School who has completed grade 12 at Jim Chavani High School or a person who completed grade 12 other than at Jim Chavani High School at the time where there was no grade 12 at Jim Chavani High School.

(2)   Association mean Jim Chavani High School Alumni.

(3)   Board means JCA Board formed in terms of clause 8.3 of this Constitution.

(4)   Central Executive Committee means a committee formed in terms of clause 8.4 of this Constitutuion.

(5)   Graduate means pupils who passed grade 12 at Jim Chavani High School.

(6)   Honorary Member means a member who acquires a membership to the association bestowed to him or her by the decision of the Board.

(7)   JCA means Jim Chavani High School Alumni.

(8)    Jim Chavani High School means a secondary school registered with the Department of Education of the Republic of South Africa, which is situated in Vhembe District of Limpopo Province located Between the Villages of Saselamani, Shikundu, Shimixoni and Magomani.

(9)   Members means members of JCA who have obtained membership in terms of clause 7 of this Constitution.

(10)          Negative Graduate means pupil who reached grade 12 but failed to pass grade 12.

(11)          Principal means the principal of school that is appointed by the school at a particular time.

(12) Resolution means a decision taken at the meeting.

(13) School means Jim Chavani High School.

(12)          Teacher means a teacher of the school appointed by the school.

(13)            Words importing natural persons shall include a reference to bodies corporate and other legal personae and vice versa.

( 16) Words importing the masculine shall include a reference to the feminine and other genders;

(17) Words importing the singular shall include a reference to the plural and vice versa;

(18) Annexes to this agreement shall be deemed to have been incorporated herein and shall form an integral part hereof;

(19) A reference to a party in a document includes that party's successors and permitted assigns;

(20) Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time;

(21) Where the day on or by which anything is to be done is not a business day, it shall be done on or by the 1st (first) business day thereafter;

(22) When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the 1st (first) and inclusively of the last day, unless the last day falls on a Saturday, Sunday or Public Holiday, in which case, the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday;

(23) A reference to a document includes an amendment or supplement to, or replacement or

novation of that document;

(24) the captions appearing in this agreement are for reference purposes only and shall not affect the interpretation hereof;

(25) if any provision is a definition (or under this heading "Interpretation" and/or any other heading in this agreement) and is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition (or such other clause) effect shall be given to it as if it were a substantive provision in the body of the agreement;

(26) where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail.

3. The Name

(1)  The association shall be called “ JIM CHAVANI HIGH SCHOOL ALUMNI ASSOCIATION”

(2)  Its shortened name will be “JCA”

(3)  It shall be a non-profit association formed for the purposes of advancing academic  and social objectives

(4)  The association shall;

(a) Exist in its own right, separately from its members.

(b) Continue to exist even when its membership changes and there are different office bearers.

(c) Be able to own property and other possessions.

(d) Be able to sue and be sued in its own name.

4. Vision

To be the leading association of the secondary learning in terms of addressing the needs of the community and school through innovative and creative ideas.

5. Motto/Slogan

“We are the leaders, for future leaders”

6. Mission and Objectives

·          To create a platform for the interaction of all Jim Chavani Alumni.

·       To foster and maintain fellowship among the Alumni.

·       To cultivate and extend members' loyalty to the School.

·        To work together on appropriate processes aimed at supporting the strategic focus of the School.

·        To support the School in the maintenance of high academic standards.

·        To continuously convey a positive image of the school.

·        To assist in nurturing a continued relationship between the school and the alumni.

·       To catalyse the provision of assistance to the school in whatever way possible which includes inter alia:

(i)                 Providing information to prospective tertiary students of the school;

(ii)               Assist in fundraising for the purpose of further studies for current pupil of the school;

(iii)              To invest in education, sports, arts, culture, technology and in general learning;

(iv)             To provide career guidance to the current pupils of the school

7. Membership

1.    Acquisition of membership

(a)   The membership of this association is open to all school alumnus.

(b)  The association shall acquire its members mainly by subscription.

(c)   Members shall acquire their membership by paying a subscription fee with the exception of members who obtained their membership in terms of clause 7.4 of this Constitution.

(d)  The finance committee of the association shall be responsible for determining the subscription fee for membership to the association.

(e)   The subscription fee shall be adjusted yearly according to inflation rate as determined by the relevant authorities.

(f)    The board shall come up with a strategy to be utilised in recruitment of members.

2.    Subsistence of membership

(a)   All members of the association shall be treated equally regardless of social status or standing.

(b)  Membership to the association shall subsist for the duration of one financial year.

(c)   Honorary membership subsists for indefinite period unless revoked or terminated by the board.

(d)  After the end of the financial year of the association all members shall renew their membership of the association by paying the subscription fee unless membership was obtained in terms of clause 7.4 of the Constitution.

3.    Termination of membership

(a)   The membership of the association shall terminate in one of the following ways:

(i)     By failure to renew membership within 2 months after the end of the financial year with the exception of member who obtained membership in terms of clause 7.4 of this Constitution.

(ii)   By notice of the member by writing to the board of directors of the association, which notice shall be given to one of the members by hand or through other provable manners.

(iii)  By the normal resolution of the board of directors, if it reasonably believe that the member had:

(aa) done something considered detrimental to the well being of the association

(bb) done something that had put the association into disrepute

(cc) committed an act that is calculated to divide the members of the association.

(dd) committed an act that is against the association’s visions and objective and that act is done with an intention of changing the association’s missions and objectives.

(iv) By any other means found to be reasonable by the board of directors voted on by a special resolution.

(b)     On termination of membership, unless if membership was acquired in terms of clause 7.4 of this Constitution, the member shall be entitled to refund of his subscription fee, provided:

(i) Administration fee of 30% will be deducted from the subscription fee.

(ii) Such termination is done within 1 month after subscription; and

(iii) Such termination is not in terms of Clause 7(3)(a)(iii) above.

4.    Honorary membership

(a)   The Board may, on the bases of nominations submitted to it, grant honorary membership to any person who associates him/herself with the school and the goals of JCA.

(b)  A decision to grant honorary membership shall be taken unanimously by the Board.

(c)   Nomination for honorary members shall:

(i)                 be submitted to the Board in writing;

(ii)               be signed by at least 10 (ten) members of JCA; and

(iii)              contain a motivation explaining why honorary membership ought to be granted.

8. Management Structure

(1)   The association shall be managed through a dual management system that comprise of:-

(a)  The Board of Directors

(b)  Central Executive Committee

(2)  There shall be separation of powers between the Board of Directors and the Central Executive Committee with checks and balances to avoid abuse of powers and to ensure accountability and transparency of the respective organs of the association.

(3)  The Board of Directors

(a)   The composition

(i)     The Board shall be comprised only by the members of the association.

(ii)   The Board shall comprise of not less than 6 and not more than 12 members.

(iii)  The portfolios on the Board shall be:-

(aa) Chairperson

(bb) Vice Chairperson

(cc) Secretary

(dd) Vice Secretary

(dd) Treasurer

(ee) Public Relations Director

(ff) 3 or more non-executive directors

(b)  Election of the Board

(i)     The Board shall be elected at the Annual General Meeting

(ii)   The term of the Board shall be 24 months and

(iii)  The members of the Board can be re-elected for the second term only.

(iv) The board shall draft an election strategy that will act as a guideline in terms of the procedure in elections.

(c)   Meetings of the Board

(i)     Quorum of the Board

The quorum of the board is half of the members plus one.

(ii)   The Board meets at least 4(four) times a year and is presided over by the Chairperson and if he/she is absent, the Vice-Chairperson. If both the Chairperson and the Vice-Chairperson are absent, the Board elects a chairperson from its ranks for the meeting.

(iii)  Voting procedure of the Board

(aa) Decisions of the Board are taken by way of a majority of the members present who are entitled to vote.

(bb) Every member present who is entitled to vote has 1 (one) vote with regard to a motion which is brought to the vote.

(cc) If there is a tie in voting, the Chairperson has the casting vote.

(dd) Unless the Chairperson arranges to the contrary, voting takes place by way of secret ballot.

(iv) Vacancies on the Board

(aa) In addition to the termination of membership in the course of time, a member's membership of the Board is terminated by–

-        a letter of resignation to the Board; or

-        a decision of the Board in terms of paragraph 3(a)(iii) above

-        vacating the office on the grounds of which membership was obtained.

(bb) Incidental vacancies of elected members are filled, under a decision of the Board, for the unexpired term of the member who occasioned the vacancy.

(v)   Powers and responsibilities of the Board

(aa) The Board actively supports the central Executive Committee of the association in the identification and materialization of the School’s strategic focuses regarding members of Association and in terms of the provisions of this Constitution, in consultation with the school, to put into effect the objectives of Association.

(bb) In general, to act or become involved in any act of whatever nature which contributes to the promotion or pursuance of the objectives of Association.

(cc) Shall be responsible for drafting a budget for presentation by the Treasurer at the annual general meeting.

(dd) The Board shall serve as the governing body of the Association.

(4)   The Central Executive Committee

(a)  Composition

(i)     The central executive committee shall consist of 6 members.

(ii)   The Central Executive committee shall consist of not only members of the Association.

(iii)  The portfolios in the Committee shall be:-

(i)     Principal – who will be the permanent member of this committee;

(ii)   Member of SGB- who will be the permanent member of this committee to be appointed by the SGB;

(iii)  President of the Learners Representative Council – who will also be a permanent member of this committee;

(iv) Teacher – who will also be a permanent member of the committee to be appointed by principal.

(v)   Coordinating member – who will be elected on the yearly basis similarly with the members of the board.

(vi) Assistant coordinator – who will also be elected on the yearly basis similarly with the members of the board.

(b)

(c)   Meetings

(i)     Calling of meetings

(aa) The principal or the coordinating member shall be responsible for calling a meeting of the committee.

(bb) The committee shall meet at least once every month.

(cc) If a meeting is not held on the date scheduled, another meeting must be convened within 14 days after such date.

(dd) Every meeting shall be presided by the principal.

(ee) Coordinating member shall preside the meeting in the absence of the principal.

(ii)   Quorum

(aa) The quorum of the committee on the meeting shall be at least half plus one member, which include either the principal or the coordinating member.

(bb) If the quorum does not consist of either the coordinating member or the principal, then the meeting shall be postponed to the day when either the principal or the Coordinating member is present.

(iii)  Voting procedure of the committee

(aa) Decisions of the Committee are taken by the majority vote.

(bb) Every member present has 1 (one) vote with regard to a motion which is brought to the vote.

(cc) If there is a tie in voting, the principal or the coordinating member if the principal is not present has the casting vote.

(dd) Voting takes place by way of secret ballot.

(ee) In the event of an objection to the results, the objecting member shall be entitled to verify such results.

(iv) Vacancies on the Committee

(aa) The member shall terminate his or her membership by a letter of resignation to the Committee

(aa) In addition to the termination of membership in the course of time, a member's membership of the committee is terminated by:

-        a decision of the committee in terms of paragraph 3(a)(iii) above;

-        Vacating the office on other grounds.

(d)  Powers and Responsibilities

(i)     The Central Executive Committee shall be based at the School and it shall be a central place where all the information relating and pertaining to the association’s activities shall be kept.

(ii)   Some of the powers and responsibilities shall include, inter alia:

(aa) keeping a database of all members of the Association;

(bb) safekeeping of the minutes of all the board and the CEC’s meetings;

(cc) administering the activities of the association;

(dd) shall conduct the business of the Association between Association meetings;

(ee) shall set the date, time, place and agenda for the annual Association meeting and banquet;

(ff) determines the need of the current students as per the association’s objectives through the help of the President of the LRC;

(gg) Administer the budget as drafted by the Board;

(hh) keep an up-to-date record of all Alumni and their addresses.

(iii)   shall be responsible for execution and implementation of policies and decisions of the board.

9. Finances

(1)  General

(a)            The primary financial support for the Association shall be obtained through the subscription fees by members.

(b)           Funds of the Association shall be used to cover the costs of all the projects of the Association as well as the costs of the management meetings.

(c)             The financial year of the Association shall be from April 1st to March 31st

(d)           An accounting officer shall be appointed by the board on their first meeting of the year. The duties of the accounting officer will be:

(i)                 to check and audit on the finances of the association;

(ii)               to report on the financial position of the association; and

(iii)              to inform the board on the mismanagement of funds if there are any.

(e)            The duties of the treasurer will be:

(i)     To assess the financial requirements of the association;

(ii)   to draft a policy on the proper management of the finances of the association to be deliberated on by the Board; and

(iii)   to keep a proper records of all the finances of the association and the financial position of the association.

(2)  Usage of Finances

(a)   The Treasurer must arrange for the opening of the banking account of the association

(b)  Every time funds are taken out of the bank account, the Treasure and at least two other members of the Board of the association must sign the withdrawal of such funds.

(c)   In case that money which is withdrawn from the association’s bank account is less and not more than R1000, Treasure only may authorise such withdrawal

(d)  If the association has funds that can be invested, the funds may only be invested with registered financial institutions as defined in Clause 1 of the Financial Institutions Act, 1984. The association can get securities that are listed on a licensed stock exchange as set out in the Stock Exchange Act, 1985.

(3)  Finance Committee

(a)   The finance committee is composed of:

(i) the treasurer;

(ii) the coordinating member;

(iii) the principal; and

(iv) member of the SGB.

(b) The Treasurer is the Chairperson of the Finance Committee.

(c) The Finance Committee must meet at least once every two month.

(d) The Finance Committee will report directly to the board and must assist the Treasurer in:

(i) preparing financial reports for the board;

(ii) draft the financial policy of the association;

(iii) monitor the association accounts and query unusual expenditure;

(iv) propose ways of making the association self-sufficient; and

(v) prepare the association's budget.

(4) Reporting

(a) The Finance Committee must:

(i) prepare an income and expenditure report for every two months to the board;

(ii) include a clear statement of any unbudgeted expenditure as well as over or under expenditure; and

(iii) set guidelines for funding priorities and the sources thereof together with the board.

(b) The financial report must be accompanied with a narrative statement. A cash flow statement should also be provided for the next reporting period.

(5) Banking Accounts

(a)    All funds received must be deposited into the association's bank account within 3 business working days of receipt.

(b)    No person may open a banking account in the name of the association, or any other similar name without:

(i)                 The explicit written authority of a resolution of the board on an official association letterhead signed by at least 3 board members; and

(ii)               Subsequent verbal confirmation to the bank or financial institution by either the Treasurer or Chairperson.

(6) Membership Fee

(a) Members must pay affiliation fee to the association.

(b) The finance committee will determine the membership fee from time to time.

(c) Members must pay their fees on an annual basis.

(d) A member that resigns or expelled shall have no claim on the fee, funds or assets of the association subject to clause 7(3)(b) of this Constitution.

10. ANNUAL GENERAL MEETING

(1) The Annual General Meeting is a meeting of the members of association.

(a) Number of meetings

One Annual General Meeting is held annually.

(b) Convening of Annual General Meeting

(i) The Annual General Meeting of association is convened annually by the Secretary and held at a time and place determined by the Board.

(ii) Notice of the Annual General Meeting is given at least 30 days before the meeting

(iii) Notice of the Annual General Meeting is given by way of an appropriate notice.

(iv)The Secretary makes available to the board the particulars of the agenda and supporting schedules at least 5 (five) days before the date of the meeting.

(c)    Powers and activities of the Annual General Meeting

(i) Considers the minutes of the previous Annual General Meeting and the minutes of all Extraordinary Meetings held since the previous Annual General Meeting.

(ii) Considers matters arising from the relevant minutes.

(iii) Elects in terms of this Constitution the appropriate number of members to serve on the Board and some members to serve on the CEC

(iv) Considers and approves the annual report of the Chairperson of the Board.

(v) Considers motions submitted in accordance with the provisions of this Constitution

(2) Extraordinary meetings

(a) Extraordinary Meetings of members are held under a decision of the Board to this effect, or at the request in writing of at least 10% (ten percent) of members: Provided that that notice shall be given 14 (fourteen) days before the meeting.

(b) Extraordinary Meetings are convened by the Secretary.

(c) The decision by the Board, or the request by members that an Extraordinary Meeting should be held, shall contain a written exposition of the particular matters to be dealt with at the meeting.

(d) The Secretary shall within 3 (three) days after such a decision has been taken, or request received, convene an Extraordinary Meeting, which shall take place within 14 (fourteen) days of the date of notification of the meeting

(3) Procedures and requirements: Annual General Meeting and Extraordinary

(a) The Chairperson of the Board, and in his/her absence the Vice-Chairperson of the Board, presides over the meeting.

(b) Should the Chairperson and the Vice-Chairperson both be absent, the meeting elects a Chairperson from its own ranks to preside over the meeting.

(b) A quorum shall consist of half of the members.

(c) If a quorum is not present, the meeting is postponed for an hour.

(d) If the quorum is not met after an hour the meeting shall be postponed to another date.

(d) Motions which are submitted with a view to an Annual General Meeting shall be signed and be submitted to the Secretary in writing at least 14 (fourteen) days before the commencement of the meeting.

(4) The right to vote at meetings

(a) Right to vote :

Every member who is present at the meeting convened has one vote.

(b) Voting procedure

The board shall draft a policy that deals with the procedure in meetings.

(c) Minutes

Complete minutes shall be taken of all Annual General Meetings and Extraordinary Meetings and such minutes will be open for inspection by members.

11. AMENDMENTS TO THIS CONSTITUTION

(1) Only resolution adopted by the board can change the constitution.

(2) The resolution to change the constitution has to be agreed upon and passed by not less than two third of the members who are at the annual general meeting or special meeting;

(3) Members must vote to effect the change of the constitution;

(4) Only two third of members will effect the change of the constitution;

(5) Notice of any proposed change to, rescinding of or addition to this Constitution, shall be sent in writing to the Secretary at least 21 (twenty-one) days before the Annual General Meeting, for submission to the meeting concerned.

(6) No amendments may be made which would have the effect that:

(a) The association cease to exist.

(b) Convert the association from a non-profit association to a profit making scheme.

(7) One copy of this Constitution shall be kept at the principal’s offices at School. A second copy shall be kept by the Secretary of the association in the Minutes Book of the association. These two copies shall be the official copies of the Constitution, and all amendments shall be written into them with the dates of the Annual general meetings at which such amendments were ratified. In the event of a conflict between the two official copies, the one kept by the Secretary shall be the binding version.

12. DISSOLUTION

(1) The association may be dissolved by a decision of an Extraordinary Meeting which shall be specially convened for this purpose.

(2) The decision to dissolve the association shall be taken by a majority vote of the members present at the Extraordinary Meeting.

(3) After taking a decision to dissolve association, the following provisions shall be complied with:

(a) An interim committee shall be appointed to finalise the affairs of the association;

(b) the interim committee shall be constituted of:(i) the members serving on the Board (ii) 2 (two) members nominated by the Extraordinary Meeting, and(iii) 2(two) members of the Central executive committee.

(4) At the dissolution of the association all assets, after the obligations of association have been met, are transferred to an association whose aims are similar to those of the association, as the case may be, which may deal therewith in the sole discretion of the management.