SANGOCO Constitution
Adopted by the National Assembly on the
21st of September 1997
|
PREAMBLE
Whereas we representatives of Provincial and Sectoral NGO Coalitions noting
- That the positive political changes in South Africa have created new challenges for
the NGO community;
- That such challenges can be best addressed through a concerned effort of an
organised NGO community;
- That though not being a homogeneous community we are united in purpose;
- That we have been mandated by our respective consortia to establish the South
African National NGO Coalition
1. HEREBY RESOLVE
To establish a National NGO Coalition whose main purpose shall be to create and
maintain an enabling environment for the NGO community; promote people-centred
participatory development; influence national development policy; and promote
participatory democracy.
2. NAME
The name of the organisation shall be the South African National NGO Coalition
(SANGOCO), hereinafter referred to as "the Coalition".
3. NATURE OF ORGANISATION
The Coalition is an association not for gain, registered under Section 21 of the
Companies Act of 1967, as amended. Registration No. 97/05123/08.
4. LEGAL STATUS
The Coalition shall be a body corporate with a personality of its own, separate from its
members. Without derogating from the generality thereof, the Coalition shall have the
following capacities"
- To acquire rights and obligations in its own name
- To enter into legal transactions and commercial traffics
- To acquire and dispose of movable and immovable property
- To sue and be sued in its own name
- To have perpetual succession
- To raise funds locally and abroad and spend the same, pursuant to its objectives
5. AIMS AND OBJECTIVES
The objectives of the Coalition are as follows:
2 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
|
(a) | To work towards creating an enabling environment by influencing legislative
framework in which NGOs operate.
| |
(b) | To identify development priorities and seek to influence donors, grant
makers, organised business and other stakeholders to support the Coalitions'
development agenda.
| |
(c) | To promote community participation in the conceptualisation, implementation
and evaluation of the reconstruction and development of South Africa.
| |
(d) | To conceptualise and implement advocacy programmes aimed at lobbying for
policies which advance the interests of marginalized (e.g. the poor women
and rural) members of our society.
| |
(e) | To build the institutional capacity of sectoral and provincial networks to
effectively meet the needs of their affiliates.
| |
(f) | To support sectoral and provincial networks in their endeavours to lobby for
an enabling framework environment in their respective spheres of operation.
| |
(g) | To initiate discussion and stimulate debate amongst member organisations
on strategic issues affecting the NGO sector.
| |
(h) | To assist member organisations to identify and address opportunities and
threats in the socio-economic environment, which may advance or constraint
the work of their respective organisations.
| |
(i) | To promote cross-border networking and cross pollination of information,
knowledge and development experience in Southern Africa and other parts of
the world.
| |
(j) | To address the NGO leadership crises by sponsoring management and
leadership development programmes.
| |
(k) | To promote collaboration amongst NGOs working in the same geographical
area or sector
| |
(l) | To affiliate to Southern African, African and International NGO structures and
seek to influence socio-economic policies in the SADC community.
| |
(m) | To collaborate with other organs of civil society (for example, organised
labour and religious organisations) in building a strong national as well as
regional civil society.
|
6. MEMBERSHIP
6.1 Full Membership
Any indigenous NGO which subscribes to the aims, objectives and Code of
Ethics shall be entitled to become a full member of the Coalition by joining that
Coalition's Provincial and accredited sectoral structures and fulfilling its financial
and other obligations commensurate with such membership.
|
6.1.1(a) | Full members of the Coalition shall be entitled to elect their Provincial
and Sectoral representatives, respectively, to the National Council of
the Coalition. |
|
6.1.1(b) | Through their elected representatives full members shall be entitled
to participate in the business of the National Assembly. |
3 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
|
6.1.1(c) | Provinces may choose to nominate full time or part time employees
of full member organisations to attend the National Council, but only
full-time employees of such organisations shall be eligible for election
as office bearers. |
|
6.1.1(d) | Member organisations shall be entitled to direct participation in the
business of the Provincial or Sectoral structures through which they
are affiliated to the National NGO Coalition. |
|
6.1.1(f) | Member organisations shall be obliged to meet financial and other
obligations as shall be determined from time to time by the National
Assembly or any of its competent organs. |
6.2 Associate Membership
Associate Membership shall be available to:
- Any foreign NGO that undertakes development work in South Africa
- Any indigenous NGO that prefers not to, or is unwilling to take up full
membership
- Any local, national, international or foreign grant-maker, foundation or funding
institution; which subscribes to the aims and objectives of the Coalition and
agree to be bound by the clauses of the Code of Ethics applicable to such
organisation or institution.
6.2.1 Rights and Obligations of Associate Members
|
6.2.1(a) |
Associate members shall be entitled to attend meetings and
participate in all business transactions of the Coalition provided that
they shall not have the right to vote; provided further that employees
of associate member organisations, be they citizens of the Republic
of South Africa or not, shall not be eligible to hold office in any of the
structures of the Coalition.
| |
6.2.1(b) |
Associate members shall be obliged to meet financial and any other
obligations as the National Assembly or any of its designated organs
shall from time to time determine.
|
6.3 Loss of Membership
|
6.3.1 |
A member organisation of the South African National NGO Coalition
shall cease to be a member by giving notice to that effect, in writing,
to its sectoral or provincial structure, as the case may be, at least one
month prior to the effective date of the intended resignation.
| |
6.3.2(a) |
A member organisation shall also cease to be a member if its
membership is terminated by a relevant sectoral or provincial network
for misconduct, failure to adhere to the Code of Ethics or for bringing
the name of the South African National NGO Coalition into disrepute.
| |
6.3.2(b) |
A member NGO against which a charge of misconduct is laid shall be
entitled to a fair hearing before dismissal, provided that its
membership shall be suspended for the duration of the investigation
and the impending inquiry.
| |
6.3.3 |
Membership of any organisation indebted to the Coalition for
membership fee or any other financial obligation shall automatically
|
4 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
| |
lapse if the organisation in question fails to meet such obligation
notwithstanding a reminder giving such organisation no more than 30
days to fulfil the obligation. |
7. STRUCTURES OF THE COALITION
7.1 National Assembly
The National Assembly shall be the highest decision-making organ of the Coalition.
7.1.1 Composition of the National Assembly
The National Assembly shall consist of the following voting delegates:
- Three representatives of each of the Provincial Coalitions;
- Three representatives of each accredited National Sectoral Coalitions;
- Two representatives of each of the approved but unaccredited sectoral
structures.
And the following non-voting delegates.-
- A representative of each associate member,
- Observers, provided they have been granted such status by the Assembly or
its designated organs;
- Individuals who represent NGOs with full membership status who come of
their own accord provided they receive accreditation from their NGOs and the
National Office to attend.
The National Assembly shall also consist of voting and non-voting delegates and National
office-bearers.
7.1.2 Meetings of the National Assembly
The National Assembly shall meet once every year, at a time and place determined by the
National Council. The business of the National Assembly shall be inter alia to:
- Review the Coalition mandate,
- Receive review and adopt a report of the National Council,
- Review the strategic objectives of the Coalition,
- Adopt the financial statement of the Coalition,
- Ratify the members of the National Council,
- Elect a new Executive Committee every two years,
- Amend the Constitution, policies, procedures and standing orders of the
Coalition.
Resolution at the National Assembly shall be adopted by a quorum of 50% plus 1 of the
members present.
7.2 National Council
The National Council shall conduct the affairs of the Coalition, whilst the National Assembly is
not in session.
7.2.1 Composition
The Council shall consist of one representative of each of the Provincial and Sectoral
constituencies, elected by their respective sectoral and provincial structures prior to the
National Assembly, and ratified by the Assembly, provided that such persons are full time
employees of organisations with full membership status.
5 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
7.2.2 Duties of the National Council
| |
(a) | determine broad policy guidelines on behalf of the National Assembly
| |
(b) | decide on project priorities for the Coalition
| |
(c) | act on behalf of the Assembly, when the latter is not in session
| |
(d) | implement decisions taken by the National Assembly
|
7.2.3 Meetings of the National Council
The National Council shall meet twice per annum.
7.3 Executive Committee
|
7.3.1 | The Executive Committee shall be an implementing organ of the National Council
| |
7.3.2 | The term of office of the Executive shall be two years,
| |
7.3.3 | In electing the Executive Committee, the following procedure shall apply:
|
| |
a) | The National Executive shall meet at least two months before
the date of the National Assembly to appoint the Electoral
Committee to oversee the election process.
| |
b) | The Electoral Committee shall upon being appointed call for
nomination of candidates for each of the executive committee
positions.
| |
c) | Only nominations which have been signed by the nominator,
seconder and candidate proposed shall be considered for
election.
| |
d) | Only nominations submitted by a representative of a Provincial
Structure, accredited Sector or a full member organisation shall
be considered by the Electoral Committee.
| |
e) | No nominations submitted after the deadline proposed and
announced by the Electoral Committee shall be accepted.
| |
f) | Notwithstanding anything to the contrary no nominations
submitted to the Electoral Committee at the commencement or
during the sitting of the Assembly shall be considered.
| |
g) | Voting shall take place at the National Assembly by secret
ballot.
|
7.3.1 Composition
The Executive Committee shall consist of the President, two Deputy Presidents, Treasurer,
Secretary, Deputy Secretary and two additional members, as well as the Executive Director
and his/her representative at his/her discretion.
7.3.2 Functions of the Executive Committee
The Executive Committee shall function as de jure board of the Coalition, entrusted with the
following duties:
| |
a) |
to ensure that the programmes of the Coalition are undertaken in the a
manner consistent with the policy framework, approved by the National
Council and National Assembly
|
6 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
| |
b) | to act as a custodian of the vision of the Coalition
| |
c) | to act on behalf of the National Council while the latter is not in session
| |
d) | to represent the Coalition in public (through the President, Deputy President
or any nominee of the President)
| |
e) | to decide on priority projects
| |
f) | to carry out the decisions taken by the National Council
| |
g) | to supervise the Executive Director
| |
h) | to take and execute such decisions as necessary for the efficient and
effective running of the Coalition -
| |
i) | to approve the budget of the Coalition
| |
j) | appoint senior staff of the Coalition
| |
k) | to undertake tasks delegated by the National Council.
|
8. ELECTIONS
8.1 Provincial and Sectoral Coalitions
All provincial and sectoral Coalitions shall synchronise their election of the Executive
members with the National Assembly elections. To this end, elections of the National
Sectoral Executives and Provincial Executives shall be held at least three months
before the date of the succeeding National Assembly.
8.2 National Council
8.2.1 Notwithstanding the provision of clause 8.1 each Provincial Coalition and National
Sectoral Coalition shall nominate a candidate to represent their sector or province in
succeeding National Assembly.
8.3 The Executive Committee
The Executive Committee shall be elected by the National Assembly, from amongst other
members of the National Executive Council.
8.3.1 Dual Leadership Positions
Notwithstanding anything to the contrary contained in this constitution, no member of
the executive committee of the National NGO Coalition shall, during his/her term of
office as such, hold or continue to hold an executive position in a Provincial or
Sectoral structure as the case may, on the understanding that every member of the
executive committee shall remain a de facto ex officio member of his/her
constituency.
9. LOSS OF NATIONAL COUNCIL POSITION
Any member of the National Council will lose his/her position in the National Council if he/she:
7 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
|
9.1 | ceases to be a member of an ex officio committee (provincial or sectoral) that
elected him/her to the National Council,
| |
9.2 | is withdrawn from the National Council by the constituency that elected
him/her,
| |
9.3 | ceases to be a full time employee of an NGO with full membership status,
| |
9.4 | is expelled by a competent organ of the Coalition, for just cause.
|
10. LOSS OF EXECUTIVE COMMITTEE POSITION
Any member of the Executive shall cease to be such member if:
|
10.1 | he/she ceases to be full-time employee of an NGO with full membership status
| |
10.2 | is expelled by a competent organ of the Coalition for just cause
|
11. VACANCIES OCCURING IN THE COALITION STRUCTURES
|
11.1 | If a vacancy occurs in the National Council, the Provincial or Sectoral structure that
loses its candidates by virtue thereof shall be entitled to elect a substitute. | |
11.2 | If a vacancy occurs in the Executive Committee in between National Assemblies, the
National Council shall be entitled to elect, from amongst its members, a candidate to
fill the vacancy. |
12. NATIONAL OFFICE
The National Executive and the National Council will be assisted in its work by the National
Office. This office of full-time staff will be responsible for implementing the mandated
programmes of the Coalition as agreed at the NEC and NC meetings and for the day-to-day
operations of the Coalition under the leadership of the Executive Director appointed by the
NEC.
13. DISSOLUTION
|
13.1 | The National NGO Council may be dissolved by resolution passed at a
National Assembly, by at least two thirds majority of delegates eligible to
vote, provided that notice of such resolution shall have been sent to all
competent organs of the National Assembly at least 3 months prior to the
proposed date of the meeting of the National Assembly.
|
In the event of the National NGO Coalition is dissolved in terms of article 9.1 or any
other law of the land, all assets belonging to the National NGO Coalition at the material
time, shall be transferred to another voluntary association not for gain, agreed to by
the National Assembly, provided that the aims and objectives of such other
association are not repugnant to the those of the National NGO Coalition.
8 Grass Roots Action for Poverty Eradication
Provincial Resource Pack
SANGOCO NGO Week 2001
|
