Constitution

ELETHU – OWETHU – AWETHU

FM
COMMUNITY RADIO STATION

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 MODEL CONSTITUTION

Table of Contents
1. NAME.....................................................................................................................2
2. BODY CORPORATE.............................................................................................2
3. OBJECTIVES.........................................................................................................2
4. GOVERNING STRUCTURE AND MECHANISM OF GOVERNANCE.................2
5. POWERS OF THE ORGANIZATION....................................................................3
6. MEETINGS............................................................................................................4
6.1 Annual General Meetings (AGM)....................................................................4
6.2 Special General Meetings...............................................................................4
6.3 Ordinary Meetings...........................................................................................5
6.4 Notices of Meetings.........................................................................................5
6.5 Quorums..........................................................................................................5
6.6 Procedures at Meetings..................................................................................6
6.7 Making decisions in meetings.........................................................................6
6.8 Records of meetings.......................................................................................6
7. INCOME AND PROPERTY...................................................................................6
8. FINANCES AND REPORTS..................................................................................7
9. AMENDMENTS TO THE CONSTITUTION...........................................................8
10. DISSOLUTION/CLOSING DOWN......................................................................8

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1. NAME
1.1 The organization hereby constituted will be called: Elethu - Owethu -
Awethu FM
1.2 Its shortened name will Awethu FM (Hereinafter referred to as the
organization).

2. BODY CORPORATE
The organization shall:
 Exist in its own 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 name.

3. OBJECTIVES

3.1 Primary Objectives

3.1.1 To serve as a Community Talk Radio Station biased towards
3.1.2 Anti-Corruption Public Awareness
3.1.3 Promote Entrepreneurship
3.1.4 Promote and Serve as custodian of African Consciousness, Values
and Ethics

3.2 Secondary Objectives

3.2.1 To increase citizens’ awareness and accountability from public

institutions
3.2.2 To take an innovative approach to communicating macroeconomic policy
and public financial management to the people of South Africa
3.2.3 To increase governments transparency and accountability in sphere of
public finances through generating public demand and creating
opportunities for constructive debate among stakeholders and for citizens
participation
3.2.4 To contribute to anti-corruption efforts by publicly exposing cases of
corruption, abuse of public funds or posts, obstacles to access to justice
which distort the application of the rule of law.
3.2.5 To create an open learning resource platform aimed at empowering the
youth and women economically in its totality.
3.2.6 Establish a platform where youth and women can debate, share and
promote their business ideas.
3.2.7 Serve as “One Stop Business Solutions Warehouse” where youth and
women can seek advice, mentorship and funding.
3.2.8 Create and maintain a database that links Entrepreneurs with Funders,
Investors and Venture Capitalists.
3.2.9 Become a Medium that serves as the Vanguard and Custodian of
Decolonised African History, Culture and Heritage with emphasis on
African Consciousness with Political biasness.
4 GOVERNING STRUCTURE AND MECHANISM OF GOVERNANCE
4.1 The Office Bearers will oversee the organization. The Office Bearers will be
made up of Three (3)_members. They are the Board of governance of the
organization.
4.2 Term of office: Office bearers will serve for a period of One
(1) year(s) which has been agreed to by the general membership at an AGM,
and which shall not exceeding three years. They can, however, stand for re-
election for another term in office again and again after that, for so long as
their services are needed and they are ready to give their services.
4.3 Vacancies: The Office Bearers must, as soon as reasonably possible, appoint
someone to fill any vacancy that reduced the number of Office Bearers.
Resignation: An Office Bearer may resign from office in writing.
4.4 Disqualification or Removal If an Office Bearer does not attend three meetings
in a row, without having applied for and obtaining leave of absence from the
Board, then the Board will find a new member to take that person’s place.

5 POWERS OF THE ORGANIZATION

5.1 The Board shall carry out the powers on behalf of the organization and
they shall manage the affairs of the organization in accordance with the
resolutions of the members as shall be taken from time to time at General
Meetings of the organization.
5.2 The Board is responsible for making decisions, and acting on such
decisions, which it believes it needs to make in order to achieve the
objectives of the organization as stated in point number 2 of this
constitution. However, such decisions and their activities may not be
against the resolutions of the members or be against the law of the
Republic of South Africa.
5.3 The Board shall have the general powers and authority to:-
5.3.1 raise funds or to invite and receive contributions.
5.3.2 buy, hire or exchange for any property that it needs to achieve its
objectives.
5.3.3 make by-laws for proper governance and management of the
organization.
5.3.4 form sub-committees as and when it is necessary for proper
functioning of the organization
5.4 If the Board thinks it is necessary, then it can decide to set up one or more
sub-committees. It may decide to do this to get some work done quickly. Or it
may want a sub-committee to do an inquiry, for example
5.5 The Board may delegate any of its powers or functions to a sub-committee
provided that:-
5.5.1 such delegation and conditions are reflected in the minutes for a
meeting
5.5.2 at least one Office Bearer serves in the sub-committee.
5.5.3 there are three or more people on a sub-committee.
5.5.4 the sub-committee must regularly report back to the Board on its
activities.
5.6 The Board must in advance approve all expenditure incurred by the sub-
committee, and may revoke the delegation or amend the conditions of the
delegation.
6 MEETINGS

6.1 Annual General Meetings (AGM)

6.1.1 Stakeholders of the organization must attend its annual general
meetings.
6.1.2 The purpose of an Annual General Meeting (AGM) is to:
6.1.3 Report back to stakeholders from the Office Bearers on the
achievements and work of over the year.
6.1.3.1 Make any changes to the constitution.
6.1.3.2 Enable members to decide on the policies of the organization.
6.1.2 The annual general meeting must be held once every year, towards
the end of the organization’s financial year.
6.1.3 The organization should deal with the following business, amongst
others, at its annual general meeting:
 Agree to the items to be discussed on the agenda.
 Write down who is there and who has sent apologies because
they cannot attend.
 Read and confirm the previous meeting’s minutes with matters
arising.
 Chairperson’s report.
 Treasurer’s report.
 Changes to the constitution that members may want to make.
 Elect new office bearers.
 General.
 Close the meeting.
6.2 Special General Meetings
6.2.1 The Special General Meeting (SGM) or any other special meeting is
held outside of the normal or regular meetings.
6.2.2 Special or extraordinary meetings can take the shape of an Annual
General Meeting (AGM) or any ordinary meeting of members.
6.2.3 The Board or not less than one-third of the members may call a Special
General Meeting of the organization.
6.2.4 Special meetings may be called when the Board needs the mandate or
guidance of the general members of the organization to take up issues
that require urgent attention and cannot wait until the next regular AGM
or ordinary meeting.

6.3 Ordinary Meetings

6.3.1 Ordinary members meetings are conducted to complete a standard
order of business of the organization. These are held once a quarter
and are attended by the board.
6.3.2 The meetings of the Board will be held at least once a quarter or
when a need arises from time to time to conduct the business of the
Board.

6.4 Notices of Meetings

6.4.1 The Chairperson of the Board shall convene meetings. The Secretary
must let all Board members know the date of the proposed meeting
within a reasonable time, but not less than seven (7) days, before it is
due to take place.
6.4.2 However, when convening an AGM, or a Special General Meeting, all
members of the organization must be informed of the meeting no less
than fourteen (14) days before such a meeting.
6.4.3 Notices for all meetings provided for in this constitution must be given
to relevant members in writing, either personally, by post or electronic
communication or whichever manner it is convenient, to the address or
other similar particulars provided by the members.
6.4.4 The notices for all meetings must indicate the reasons for the meeting
and the matters that will be discussed in the meeting.
6.4.5 For confirmation of delivery, all notices sent to members at the latest
known contact details shall be deemed to have been duly served on
members, unless it can be proven otherwise.
6.4.6 All members present in person at any meeting shall be deemed to have
received notice of such meeting.
6.5 Quorums
6.4.7 Quorums for all meetings of the organization shall be a simple majority
(50% + 1) of relevant members who are expected to attend
6.4.8 However, for the purpose of considering changes to this constitution, or
the dissolution of the organization, then a two thirds (⅔) of the
members shall be present at a meeting to make a quorum before a
decision to change the constitution is taken.
6.4.9 All meetings of the organization must reach a quorum before they can
start.
6.4.10 If, however a quorum is not present within fifteen minutes of the
appointed time of the meeting, the meeting must be adjourned or
postponed to another date, within fourteen days thereafter.
6.4.11 If no quorum is present at the reconvened meeting within fifteen
minutes of the appointed time, the members present shall be regarded
to make up a quorum for that meeting and the meeting will continue as if
a quorum is present.

6.6 Procedures at Meetings

6.4.12 The Board may regulate its meetings and proceedings as it deems fit,
subject to the following:
 That the Chairperson shall chair all meetings of the organization,
including that of the Board.
 That, if the Chairperson is not present, the Vice-Chairperson shall
chair such meeting. In the event both are absent, the Board
members present at the meeting shall elect a chairperson for that
meeting.

6.7 Making decisions in meetings

6.4.13 Where possible, the decisions of the organizations shall be taken by
consensus. However, when there is no consensus, then members will
discuss options for a while and then call for a vote.
6.4.14 All votes shall be counted and the majority votes on an issues shall be
regarded as the decision of the meeting
6.4.15 However, if opposing votes are equal on an issue, then the chairperson
in that meeting has either a second or a deciding vote.
6.4.16 All members must abide by the majority decision
6.4.17 Decisions concerning changes to this constitution, or of dissolution and
closing down of the organization, shall only be dealt with in terms of
clauses 9 and 10 of this constitution.
6.8 Records of meetings
6.4.18 Proper minutes and attendance records must be kept for all meetings
of the organization.
6.4.19 The minutes shall be confirmed as a true record of proceedings by the
next meeting of the Board, or of general members as the case may be,
and shall thereafter be signed by the chairperson.
6.4.20 Minutes shall thereafter be kept safely and always be on hand for
members to consult.

7 INCOME AND PROPERTY

7.1 The organization will keep a record of everything it owns.
7.2 The organization may not give any of its money or property to its
members or the Board. The only time it can do this is when it pays for
work that an Office Bearers or member has done for the organization.
The payment must be a reasonable amount for the work that has been
done.
7.3 The Board or a member of the organization can only get money back from
the organization for expenses that she or he has paid for or on behalf of
the organization, and for which authorisation has been granted.
7.4 The Board or members of the organization do not have rights over things
that belong to the organization.

8 FINANCES AND REPORTS

8.1 Bank Account: The Board must open a bank account in the name of the
organization with a registered Bank.
8.2 Signing: Cheques and other documents requiring signature on behalf of
the organization shall be signed by at least two persons authorised by the
Board. Whenever funds are taken out of the bank account, the
chairperson and at least two other members of the organization must sign
the withdrawal or cheque.
8.3 Financial year-end: The financial year end of the Organization shall be
end of March each year.
8.4 Financial Report: The Board must ensure that proper records and books
of account which reflect the affairs of the organization are kept, and within
six months of its financial year a report is compiled by an independent
registered Accounting Officer stating whether or not the financial
statements of the organization are consistent with its accounting policies
and practices of the organization.
8.5 The Treasurer is responsible for making sure that the money of the
organization is safe and is accounted for
8.6 The Treasurer must also make regular reports to the Board on the
 finances of the organization, which should include all incomes,
expenditures and balances that remain according to accounting practices
of the organization.
8.7 If the organization has funds that can be invested, the funds may only be
invested with registered financial institutions. These institutions are listed
in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984,
or as shall be amended. Or the organization can get securities that are
listed on a licensed stock exchange as set out in the Stock Exchange
Control Act, 1985 (as amended). The organization can go to different
banks to seek advice on the best way to look after its funds.

9 AMENDMENTS TO THE CONSTITUTION

9.1 The constitution can only be changed by a resolution. The resolution has
to be agreed upon and passed by not less than two thirds (⅔) (or at least
67%) of the members who are at the annual general meeting or special
general meeting. Members must vote at this meeting to change the
constitution.
9.2 For the purpose of considering changes to this constitution, a two thirds
(⅔) of the members shall be present at a meeting to make a quorum
before a decision to change the constitution is taken. Any annual general
meeting may vote upon such a motion, if the details of the changes are
set out in the notice referred to in clause 6 of this constitution
9.3 As provided for in clause 6, written notices must go out not less than
fourteen
9.4 (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.
9.5 No amendments may be made which would cause the organization to
close down or stop to function or die away.

10 DISSOLUTION/CLOSING DOWN
10.1 The organization may dissolve or close down if at least two thirds (⅔) 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 organization 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 organization. It should be given in some way to
another non- profit organization that has similar objectives. The
organization’s general meeting can decide what organization this should be.
 This constitution was approved and accepted by members

At a special (general) meeting held on 21 March 2021

Day/Month/Year

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Phehello Illford Mojakisane Thembinkosi Mthakathi Mahlangu
Chairperson Secretary