We are stronger together as partners with one voice for a better KZN!
The growth of civil society sector in South Africa has necessitated a need formalize to amplify its voice as a sector in South Africa. As a distinct sector that has pioneered (and continues to pioneer) a range of approaches and programmes to address critical societal challenges, the time to combine efforts collectively has never been more critical.
The changing nature of the country’s political, social, economic and institutional landscape has prompted the sector the way it operates within this contested space. It needs to make its voice heard and this can only be done by recognising the commonality of its work and coming together in a structured way, in order that it may:
1. Engage its constituencies more effectively;
2. Consolidate existing resources and access new ones;
3. Explore new ways to engage Government where it matters most;
4. Provide a platform for debate and engagement on matters of common interest;
Against this background, CSOs in KwaZulu Natal have decided to work together to establish a representative structure, whose purpose is to coordinate, facilitate, support and the work of its members in order to maximise their development impact as encapsulated in the National Development Plan (NDP) and contribute towards the transformation of the KwaZulu Natal province through:
a) Engagement on policy and development issues;
b) Lobbying and advocacy;
c) Capacity building and information sharing activities;
2.1. Name of the coalition
The name of the coalition shall be “KwaZulu-Natal CSO Coalition”.
2.2. The Acronym of the coalition
The acronym shall be “KZNCSOC”.
3. Vision Statement
KZN CSO COALITION is a facilitating body harnessing the collective strength and wisdom of civil society to bring forth a changed and life – giving KwaZulu-Natal.
4. Mission Statement and Values
4.1. Mission Statement
To support civil society’s collective commitment to facilitate, promote and implement integrated sustainable socio-economic development in KZN.
4.2. The Values of the Coalition
4.2.5. Ethical engagement
5. Objectives of the KwaZulu Natal CSO Coalition
5.1. To build a voice for civil society, speaking across sectors and geographical areas.
5.2. To advocate for free and fair distribution of the provinces resources in addressing social and developmental needs.
5.3. To recruit and maintain membership to the facilitating body.
5.4. To create a platform for harnessing the wisdom and the collective strength of civil society, to promote information sharing, opportunities and learning.
5.5. To create a platform to have ongoing dialogues with Government with a single united voice and matters that concern us.
6. Body Corporate
The Coalition shall;
6.1. Exist in its own right, separate from its Members.
6.2. Continue to exist even when its Membership changes and there are different Office Bearers.
6.3. Be able to sue and be sued in its own name.
6.4. Be able to own properties and other possessions.
7. Income and Property
7.1. The Coalition will keep records of all its assets.
7.2. The Coalition may not give, borrow or loan its monies and properties to its Members. Members can only be paid for services or work done for the Coalition and such payment must be reasonable and equal to the amount of services or work done.
7.3. A Member of the Coalition can only be reimbursed from the Coalition for the expenses that she or he paid for or on behalf of the Coalition.
7.4. Members and/or Office Bearers of the Coalition do not have the right over anything that belongs to the Coalition.
8. Definition of Terms
CSO shall mean organizations that are:
8.1.1 Voluntary: this means:
Voluntary means an organization created without any legal or statutory framework required for its formation.
8.1.2 Not-for-profit: this means:
This means that the entity exists not for personal or private gain.
8.1.3 Members: this means:
This means member organisations in good standing with the KZNCSOC.
9.1 Organizations shall be free to affiliate with KZNCSO provided they are constituted according to the policies and procedures of KZNCSO and that subscribe to the aims and objectives of the coalition.
9.2 Only member organizations in good standing with the coalition will be eligible to receive associational benefits as well as participating in the affairs of the coalition such as voting and representing it at any level and in any forum.
9.3 The process of affiliation shall be guided by the coalition’s membership policy.
10. Executive Committee
10.1.1. An Executive Committee will manage and administer the Organisation and its affairs. The Management Committee will be made up of less than five (5) members.
10.1.2. The Member will serve for one (1) year but is eligible for re-election for another term of office after that, depending on the contribution they have made to the Organisation. They can stand for re-election without restriction, which is dependant on their services and expertise that they have contributed to the Organisation.
10.1.3. If the Member does not attend three (3) consecutive meetings without having applied for and obtaining leave of absence from the Management Committee, that person is immediately disqualified and the Executive Committee must co-opt a new member to replace that person.
10.1.4. The Management committee will meet at least once (1) in a month. The quorum is set at 50% + 1 of the Members.
10.1.5. Minutes will be taken at every meeting to record the management committee’s decisions. The minutes of each meeting will be given to management committee at least two (2) weeks before the next meeting. The minutes shall be confirmed as true reflection of previous proceedings on the next meeting of the management committee and thereafter be signed by the management committee, i.e. Chairperson and the Secretary.
10.1.6. The Organisation has the right to form sub-committees and the decisions that sub-committees take must be referred to the management committee. The management committee must decide whether to agree to them or not at its meeting. The management committee can also use its discretion to ratify the decisions of sub-committee(s).
10.1.7. All members of the Organisation are bound by the decisions of the management committee.
10.2. DUTIES AND RESPONSIBILITIES
10.2.1. The Executive Committee is responsible for the framing, implementation and monitoring of policies.
10.2.2. The Office Bearers are responsible for framing policies in line with their duties which must be ratified by the Executive Committee.
10.3. THE CHAIRPERSON:
10.3.1. Preside and chair all the meetings.
10.3.2. Convene meetings.
10.3.3. Market and Represent the Organisation.
10.3.4. Maintain discipline at the meetings.
10.3.5. Declare the meetings open and adjourn such meetings.
10.3.6. Countersign all payments and withdrawals of money of the Organisation with the Secretary and the treasurer.
10.3.7. Be responsible for policy formulation.
10.4. THE DEPUTY CHAIRPERSON:
10.4.1. Deputise the Chairperson
10.4.2. Be responsible for all disciplinary matters pertaining to Members
10.5. THE SECRETARY:
10.5.1 Be the administrative head of the Organisation and keep all records of the Organisation.
10.5.1. Take minutes at all meetings of the Organisation
10.5.2. Ensure accurate proper recordings of the meeting and develop systems in this regards
10.5.3. Be responsible for any employed staff members
10.5.4. Be responsible for the implementation and co-ordination of resolution and programmes of the Organisation
10.5.5. Be responsible for the operational capacity (deployment) of members
10.5.6. Submit reports and minutes in all meetings of the Organisation
10.5.7. Sign all circulars, memoranda and contracts on behalf of the Organisation to be co-signatory to all cheques.
10.5.8. Responsible for policy development in line with the job specifications. Such policy must be ratified by the Executive Committee.
10.5.9. Responsible for policy implementation after being ratified by the Executive Committee.
10.6. THE TREASURER
10.6.1. Be responsible for the efficient financial management of the organisation
10.6.2. Account and present financial reports when requested at any meeting of the Organisation
10.6.3. Issue cheques, receipts and keep records of Income and Expenditure and is responsible to draw up an Assets Registry and keep it updated.
10.6.4. Sign all cheques of the Organisation as the co-signatory
10.6.5. Submit and present an audited financial statement at the AGM
10.6.6. Be responsible for finance policies adherence within the Organisation
10.6.7. Establish and chair the fundraising committee of the Organisation
10.6.8. Responsible for policy development in line with the job specifications. Such policy must be ratified by the Executive Committee
10.6.9. Responsible for policy implementation after being ratified by the Executive Committee
10.7. THE DEPUTY TREASURER
10.7.1 Deputise the Treasurer
10.8. ADDITIONAL MEMBERS
10.8.1. These Members will be elected at the Annual General Meeting.
10.8.2. The duties of these Members will be allocated by the Executive Committee.
11. POWERS OF THE EXECUTIVE COMMITTEE
11.1.1. Has the power and authority to raise funds or to invite and receive contributions.
11.1.2. Have the power to buy, hire or exchange any property that it needs to achieve its objectives.
11.1.3. The right to make policies, procedures and processes for the proper management, including procedure for application, approval and termination of membership.
11.1.4. A right to institute disciplinary act on behalf of the Organisation and to develop a Code of Ethics and Code of Conduct.
11.1.5. Will decide on powers and functions of Office Bearers and the Executive Committee.
11.1.6. A right to make decisions and agreement with service providers.
11.1.7. Co-opt additional support of any Member/s with the view to obtain expertise to the Exco, if such expertise does not exist among the Executive Members and Office Bearers.
Such co-option must be only for that specific task or period or whatever other circumstances warrant the expertise. Payment must only be for that specific task, period, or the circumstance that warranted the expertise.
11.2. MEETINGS AND PROCEDURES OF THE COMMITTEE
11.2.1 The Management Committee must hold at least six (6) Ordinary Meetings within their term of office. The term of office is valid for a year. Any Member of the Executive Committee can call a Special Meeting if they desire, such request must be channelled via the Secretary who will handle the request in terms of the policy governing meetings. However, the Notice for that specific Meeting must not be less than 7 (seven) days before the convening thereof. If the requested matter for discussion is to appoint a new Management Committee Member(s), then those calling the Meeting must give the other Committee Members not less than thirty (30) days’ notice.
11.2.2. The Deputy Chairperson, in the absence of the Chairperson, shall act as the Chairperson of the Management Committee. If the Chairperson or if the Deputy Chairperson is absent, then Members of the Committee who are present may elect a Chairperson for that particular Meeting.
11.2.3. There must be a quorum present to constitute a Meeting. A quorum must be 50% + 1 of the total number of Members of the Management Committee.
11.2.4. The Chairperson has a Casting Vote.
11.2.5. Minutes of each Meeting must be kept safely and be made readily to Members.
11.2.6. If it becomes necessary to nominate a Sub-Committees for the Management Committee to expedite its responsibilities, it may do so. The Sub-Committee must report back to the Management Committee on its recommendations. The terms and reference of such Sub-Committees must be set down by the Management Committee.
11.3. ANNUAL GENERAL MEETING
11.3.1. Must be held once every year towards the end of the Organisations Financial Year.
11.3.2. The following items to be discussed at the AGM.
11.3.3. Agree to the items/matters to be discussed on the Agenda.
11.3.4. Record apologies.
11.3.5. Record those that are absent.
11.3.6. Read and confirm the previous Meeting’s Minutes.
11.3.7. Matters arising from the Minutes.
11.3.8. Chairpersons and Secretarial Reports.
11.3.9. Financial and Treasurer’s Reports.
11.3.10. Proposed changes to the Constitution.
11.3.11. Elect new Office Bearers.
11.3.12. Urgent matters that could not be accommodated on the circulated Agenda. However, such matters must be accompanied by a comprehensive Report, enabling the members to take an informed decision.
KZN CSO Coalition has the following structures:
12.1. Provincial Executive Committee
12.1.1 Provincial Executive Council (PEC) – this means the structure is composed of Representative members elected at the DEC.
12.1.2. The PEC will be made up of members of the Executive Management Committee as well as one representative from each District Executive Committee (preferably the Chairperson).
12.1.3. The committee shall approve the agenda for the provincial assembly meeting;
12.1.4. There must be a quorum present to constitute a Meeting. A quorum must be 50% + 1 of the total number of Members of the Provincial Executive Committee.
12.1.5. The committee shall be responsible for taking decisions on errant members as well as adjudicating on any appeals arising as result of disciplinary process.
12.1.6. The committee shall be responsible to produce an annual report of the coalition and present it at the provincial assembly for deliberations.
12.1.7. The committee shall be form sub-committees/task teams on specific aspects of the coalition as it deems it fit and necessary for the business of the coalition.
12.1.8. The committee shall be responsible to oversee all the financial transactions of the coalition, working collaboratively with Executive Management Committee.
12.1.9. Co-opt additional support of any Member/s with the view to obtain expertise to the Provincial Executive Committee, if such expertise does not exist among the Members and Office Bearers. Such co-option must be only for that specific task or period or whatever
12.2. District Executive Committee
12.2.1. District Executive Council (DEC) – this structure is similar to PEC, composed of a member from each district in KZN.
12.2.2. The committee will be comprised of District Chairperson, Deputy Chairperson, Treasurer and Secretary.
12.2.3. There must be a quorum present to constitute a Meeting. A quorum must be 50% + 1 of the total number of Members of the District Executive Committee.
12.2.4. The work of the committee will be to promote the work of the coalition in their regions.
12.2.5. The committee will also be responsible for recruiting NGOs, CBOs, FBOs in their localities to be members of the coalition and to recommend them for membership to the coalition secretariat.
12.2.6. The committee will also be responsible for coordinating the submission of district resolutions with regards to the coalition matters including amendments to the constitution.
12.2.7. The committee will also be responsible for representing the coalition in various forums in their regions.
12.2.8. The committee will be responsible for planning, implementing and monitoring the activities of the coalition.
12.2.9. The committee shall supervise and exercise leadership over all matters of the district.
12.2.10. The committee shall be responsible for calling meetings in their respective regions as and when deemed necessary.
12.2.11. All such meetings shall be documented accordingly by way of minutes.
13.2.11. All the minutes will be signed by the District chairperson before submission to the coalition secretariat.
12.2.12. Attendance registers will be signed for all meetings.
13.2.13. The committee will be responsible for liaising with the coalition secretariat and all other structures of the coalition.
13.2.14. Co-opt additional support of any Member/s with the view to obtain expertise to the District Executive Committee, if such expertise does not exist among the Members and Office Bearers. Such co-option must be only for that specific task or period or whatever circumstances warrant the expertise. Payment must only be for that specific task, period or the circumstance that warranted the expertise.
12.3. District Assembly
12.3.1. District Assembly – this structure is composed of representatives from all NGOs, CBOs, FBOs and any other civil society formation in each district in KZN.
12.3.2. The District Assembly shall comprise of members in good standing from each of the regions of the coalition.
12.3.3. The DEC shall determine the number of people attending per region according to prevailing circumstances and conditions.
12.2.4. At the same time the DEC shall, at its discretion, determine the number of voting delegates to the vote per region.
12.3.5. At least one provincial assembly shall be held once every calendar year.
12.3.6. A district assembly shall be called upon not less than two weeks’ notice in writing to all members.
12.3.7. It shall be held at such time and place, as the DEC shall determine.
12.3.8. A 75% of members of the coalition shall form a quorum and decisions taken in such an assembly shall be considered binding and effective; replaces normal quorum
12.3.9. The business of this assembly shall be confirm the minutes of the previous assembly meeting and to review the reports of the DEC.
12.3.10. The assembly shall review the financial statements of the coalition.
12.3.11. Co-opt additional support of any Member/s with the view to obtain expertise to the District Assembly, if such expertise does not exist among the Members and Office Bearers. Such co-.option must be only for that specific task or period or whatever circumstances warrant the expertise. Payment must only be for that specific task, period or the circumstance that warranted the expertise.
This is the provincial office of the KZNCSO coalition.
14.1. The process of resignation shall be governed by the coalition’s membership policy.
15.1. The KZNCSO head office will send out all correspondence, notices of meetings, agendas and other written advice or information to each member of the PEC.
16.1. The books of account and financial statements shall be kept balanced during the financial year.
16.2. Proper books of account shall be kept of all sums of money received and expended by the KZNCSO, and shall be submitted to a firm of auditors to obtain an annual auditors report and yearly audited financial statements.
16.3. All financial transactions will be conducted by means of a banking account.
16.4. All financial transactions will be governed by the coalition policy “Financial Policies and Procedures.
16.5. All financial transactions will be conducted by means of a banking account.
16.7. June is deemed to be the Coalitions Financial Year End.
16.8. If the Organisation has surplus funds that it intends investing, such investment has to be with a Registered Financial Institution, as listed in section one (1) of the Financial Institutions (Investment of Funds) Act 1984. The Coalition has to ensure that its funds are adequately protected at all times.
17. Compliance with the constitution
17.1. This Constitution shall be the binding to all constituent structures of the coalition at the provincial and district levels.
17.2. All coalition members of the coalition shall comply with this Constitution and Code of Ethics, as well as all rules and regulations pertaining to administrative, procedural or disciplinary matters of the coalition.
17.3. The decision of the PEC and their interpretation of any such rules and regulations shall be final and binding to all members of the coalition.
18. Appeals, Complaints and Disciplinary Procedures
18.1. Appeals, complaints and disciplinary procedures regarding applications for membership, suspension and expulsion of members or office bearers, breaches of the Code of Ethics, or complaints of any other nature shall be governed by the relevant coalition policies regarding issues mentioned above.
19. Limit of liability and indemnity
19.1. With regard to claims against the coalition the liability of members of the coalition shall be limited to their membership contribution and all persons shall be deemed to contract and deal with the coalition on this basis.
19.2. No member organization and its constituents shall be liable for any debt incurred by the coalition.
20. Amendments to the Constitution
20.1. The Constitution of the coalition may only be altered, varied or amended by a quorum at the annual general meeting (AGM).
20.2.The constitution of the coalition can only amended by least 75% of members present in an AGM, deemed as a quorum necessary to make the proposed amendment and have voted in favour of the proposed amendment.
20.3. Any proposed amendments shall be submitted in writing and circulated to all affiliate members not less than two months before the provincial assembly of the coalition convenes.
21. Dissolution of the Coalition
21.1. The coalition shall be dissolved at any time if not less than 75% of all members in good standing with the coalition, vote in favour of a resolution that the coalition be dissolved.
21.2. The dissolution of the coalition shall take place within ninety days from the date of resolution to such effect being accepted by members in terms of this clause.
21.3. Upon dissolution of the coalition, all remaining assets shall be donated to an institution not for gain whose aims and objectives are compatible with those of the coalition. If such an institution does not exist, the asset shall be held in trust until a suitable beneficiary is found.