Pringle Bay Street Watch Constitution
- Body Corporate
- Meetings of members
- Duties of Office Bearers within the Executive Committee
- Changes to the Constitution
1.1 The name of the organisation hereby constituted shall be called Pringle Bay Street Watch
1.2 The shortened version will be PBSW
1.3 Hereinafter Pringle Bay Street Watch will be referred to as the Organisation.
1.4 The area covered by PBSW shall include all erven, roads, farms, smallholdings and public spaces approximately bounded by Rooi Els and Betty’s Bay and any other roads or areas which the Executive Committee agree shall be incorporated in the area from time to time.
2. Body Corporate
The Organisation shall:
- Remain a non-profit making organisation.
- Exist in its right separately from its members
- Continue to exist even when its membership changes and there are different office bearers
- Be able to own property and other possessions
- Be able to sue and be sued in its own nature
- Not be affiliated to any political organisation, and also must not do any work or give the perception in regards to being politically aligned with any political organisation.
- Where possible initiate and implement crime prevention projects in consultation with the local Community Police Forums.
- Be affiliated to the local Community Police Forum (CPF) in the area in order to be recognised by the local South African Police Services responsible for the area.
- Not discriminate on the grounds of sex, gender or sexual orientation.
- Keep proper accounting records that accurately reflect all income and expenditure, assets and liabilities.
- Be permitted to acquire donations and hold fundraising campaigns for the purposes of obtaining funding to further its stated aims and objectives.
- Keep members informed of its activities via regular communication which can take the form of electronic or printed news items or newsletters, member’s website or public meetings.
3.1 To nurture a sense of unity, dedication and good neighbourly relations among the community in the area.
3.2 To serve as a watchdog (eyes and ears) for the community, the security service providers and the local police services, thereby assisting the local police services and security service providers to safeguard the community against criminal activities and strive for a safe and secure environment.
3.3 To provide a channel through which the community can play a meaningful role in crime prevention.
3.4 To create community awareness with regard to safety, crime prevention and protection of the community and their property.
3.5 To encourage the community to work in close cooperation with the South African Police Service, the security service providers, PBRA, Rooi Els Neighbourhood Watch, Betty’s Bay Neighbourhood Watch, Kleinmond Street Watch, Community Police Forum, DoCS and other structures such as local authorities who are involved in law enforcement.
3.6 To seek to unite the community in the area in creating a stable and crime free environment.
Membership of the association is based upon the principles of non-racism, non-sexism, nonsectarianism and democracy.
(a) Membership of PBSW shall be open to all who own property or who reside in the area or have a direct business or other interest in the area subject to the criteria as set out in this Constitution.
(b) A person who believes they qualify for membership may apply to join PBSW by completing such manual or electronic membership application form as the Executive Committee has approved to be used at the time of such application and shall be subject to a police clearance.
(c) Membership shall be open to all irrespective of race, colour, religion, disability, age or sexual orientation who meet the other criteria for membership as set out in this Constitution.
(d) The Executive Committee may determine at any time whether to charge a membership fee and, if so, the amount and other terms and conditions of such fee. In the event where such a fee is applicable, the payment thereof shall not be enforced in any which way, neither shall the
membership of PBSW depend on payment of such fee. The payment of such a fee (if applicable) shall remain voluntary at all times.
(e) A member may resign by giving written notice (which may be given electronically) to the Committee.
(f) The Executive Committee may in their absolute discretion terminate membership of any member provided that five (5) days notice is given to such member of the Executive Committee’s intentions and that such notice contains full reasons for the Executive Committee’s intended action. Any written reply shall be considered by the Executive Committee.
(g) Members will have the choice of two (2) categories of membership viz Patroller Membership for those who choose to participate in patrols or Non Patroller Membership for those who choose not to participate in patrols. Members will have the opportunity to choose category of membership when they first apply for membership, but are free to change category any time by informing any member of the Management Committee. Patroller Membership shall undergo DoCS training.
(h) A membership register will be maintained by the Secretariat and updated regularly. The register must contain the name, address and phone contact details for both categories of members and in addition the identity number for Patroller members, together with the Indemnity Forms (referred to in Articles 7 and 8) completed and signed by Patroller members.
5. Meetings of Members
(a) Members must be given not less than seven days (7) days written notice (which may be given electronically) of any meeting of members.
(b) An Annual General Meeting should be held during the first quarter of each calendar year.
(c) The quorum for an Annual or Special General meeting of the members shall be ten percent (10%) of the registered members. If no quorum is attained the meeting will be postponed for thirty (30) minutes. If no quorum is attained at the start of the postponed meeting, the number of registered members present for the postponed meeting will constitute a quorum.
(d) Each member at a meeting shall be entitled to one vote. All questions arising at any meeting of members shall be decided by a simple majority of those present and entitled to vote at the meeting. No person shall exercise more than one vote but in the case of any equality of votes the chairperson of the meeting shall have a second or casting vote.
(e) Future proposed amendments to this constitution may be decided by a simple majority vote of the members at any duly constituted meeting of members for which the required notice has been given.
(f) Executive Committee members term of office shall be for the period between Annual General Meetings and Executive Committee members are permitted to be nominated for subsequent terms of office.
(g) Candidates nominated for Executive Committee Member positions must be duly proposed and seconded at an Annual or Special General meeting of members and if there is only one nomination for a position the nominee will be deemed elected. If there is more than one nomination for a position an election will be conducted via method determined by the Electoral Officer.
(h) Minutes shall be kept of all Annual or Special General Meetings of members and should contain a record of all attendees, proceedings and resolutions.
(a) The policy and general management of the affairs of PBSW shall be directed by the Executive Committee which will be supported by the Management Committee both of which will have the respective powers as set out in this Constitution.
(b) If a member of the Executive Committee does no attend three (3) Executive Committee meetings in a row, without having applied for a leave of absence from the Executive Committee then the Executive Committee will find a new member to take that member’s place.
(c) The Committees may decide on such rules, procedures and notice periods for the conduct of its meetings as they deem appropriate.
(d) The Committees shall meet from time to time as they consider necessary.
(e) The quorum for an Executive or Management Committee Meeting shall be at least three Executive Committee members in attendance.
(f) Minutes shall be taken at every meeting to record the Executive and Management Committee’s decisions. The minutes of each meeting will be given to the Executive and Management Committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings by the next meeting of the Executive and Management Committee and thereafter shall be signed by the Chairman.
(g) Each member of a Committee at a meeting shall be entitled to one vote. All questions arising at such meetings shall be decided by a simple majority (fifty percent plus 1) of those present and entitled to vote at the meeting. No person shall exercise more than one vote but in the case of any equality of votes the Chairperson of the meeting shall have a second or casting vote.
(h) Any vacancy on the Executive Committee may be temporarily filled by the agreement of the remaining member(s) of the Executive Committee and any person(s) appointed to fill such a casual vacancy shall hold office until the next meeting of members at which Executive Committee members are eligible for re-election and shall be also be eligible for election at the meeting.
(i) The Executive Committee will co-opt members to fill any vacancies which might arise or to add to membership of the Management Committee. Members of the Management Committee will remain in office until they voluntarily step down or are requested by majority decision of the Executive Committee to step down.
(i) The proceedings of a Committee shall be invalidated by any accidental failure to elect or any accidental defect in the election, appointment, co-option or qualification of any member.
(k) The Committees may appoint such special or standing committees as may be deemed necessary by the Committees and shall determine their terms of reference, powers, duration and composition. All acts and proceedings of such special or standing committees shall be reported back to the Committees fully and promptly.
(l) The Committees may at any Committee meeting invite any person to attend such Committee meeting provided such person shall not have a right to vote and shall only have a right to speak at the meeting at the discretion on the Committee.
(m) No member of either Committee shall be entitled to any remuneration for serving on such Committee, but with the approval of the respective Committee and subject to funds being available, may be entitled to reimbursement of expenses reasonably incurred on behalf of PBSW.
(n) The Executive Committee shall mandate specific member(s) to address, and or make public statements, and or make public announcements, in matters pertaining to PBSW.
(o) The Management Committee is defined as the co-opted office bearers including Sector Coordinators for each Sector and any other position deemed necessary by the Executive Committee for the effective functioning of the PBSW
(p) If a member of the Management Committee does not attend three (3) Management Committee meetings in a row, without having applied for a leave of absence from the Executive or Management Committee then the Executive Committee will find a new member to take that member’s place.
7. Duties of Office Bearers within the Board
- Provides leadership to the Board
- Develops an agenda for Board meetings
- Mediates with Sector Coordinators on decisions by the Executive
- Monitors financial planning and financial reports
- Plays a leading role in fundraising activities
- Evaluates annually the performance off the organisation in achieving its mission
- Negotiates on behalf of the organisation if given a mandate
- Performs other duties as assigned by the Board such as representing the organisation at formal functions, etc.
- Evaluates the performance of the Executive and Management Committee on a regular basis
7.2 Vice Chairman
- Performs Chair responsibilities in the absence of the Chair
- Reports to the Chair
- Works closely with the Chair and members
- Performs other responsibilities as assigned by the Executive
- Maintains record of the Executive and ensures effective logistics of Executive meetings
- Manages minutes of Executive meetings
- Ensures that minutes are distributed at least seven days after each meeting
- Must be familiar with legal documents to note applicability during meetings
- Manages the finances of the organisation
- Administrates the fiscal matters of the organisation
- Provides the annual budget to the Executive for members’ approval
- Ensures development and review of financial policies and procedures by the Executive
- Ensures that the organisation’s accounting record reports are up-to-date and ready to be handed over to the Director of Non-Profit Organisations within six months after the financial year end.
7.5 Executive Members
- Regularly attend Executive meetings and important related meetings
- Accept assignments and complete them thoroughly and timeously
- Stay informed on common matters, prepare for meetings, review and comment on minutes and reports
- Build collegial relationships with other Executive and Management Committee members to contribute to consensus
- Actively participate in annual evaluation and planning exercises
- Participate in fundraising events
(a) PBSW shall be accountable to the South African Police Service in the first instance.
(b) By virtue of its registration with the local community police forums shall be accountable secondly to the local Community Police Forums.
(c) Should the local Community Police Forum or the Area Community Police Board be found to be dysfunctional, PBSW shall be accountable to the Provincial Community Police Board.
(e) The WCPC & COFC shall be binding on PBSW and each of its members insofar as it is not in conflict with the Constitution of South Africa and the Bill of Rights.
9. Changes to the Constitution
9.1 The Constitution can be changed by a resolution which has to be agreed upon and passed by not less than two thirds of the members who are at a general meeting or special general meeting. Members must vote at this meeting to change the Constitution.
9.2 Two Thirds off the members shall be present at the meeting (‘the quorum’) before a decision to change the Constitution is taken. Any annual general meeting may vote upon such a notion; if the details off the changes are set out in the notice referred to in 9.3.
9.3 A written notice must go out not less than fourteen (14) days before the meeting at which the changes to the Constitution are going to be proposed. The notice must indicate the proposed changes to the Constitution that will be discussed at the meeting.
9.4 No amendments may be made which would have the effect of making the organisation cease to exist.
10.1 The organisation may close down if at least two-thirds of the members present and voting at a meeting convened for the purpose of considering such matter are in favour of closing down.
10.2 When the organisation closes down it has to pay off all its debts. After doing this, if there is property or money left over it should not be paid or given to members of the organisation; but to an organisation that has similar objectives. The organisation’s general meeting can decide upon the beneficiary organisation.
Adoption of the Constitution
This Constitution was approved and accepted by members of the Pringle Bay Street Watch Coordinating Team meeting held on 25 April 2017.