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CONSTITUTION


1. NAME AND ESTABLISHMENT

1.1. By virtue of sections 205 and 206 of the Constitution of South Africa Act No. 108 of 1996 as read with sections 18 - 23 of the South African Police Service Act No. 68 of 1995, a Community Police Forum is established herewith known as the Fairland Police Community Forum (FCPF) having jurisdiction within the Fairland Police Station Area, as indicated in the attached map (“the station area”).

1.2. Within 14 days after the acceptance of this Constitution at a duly convened Annual General Meeting of the FCPF, a copy thereof will be submitted to the Member of the Executive Council (“MEC”) overseeing policing in the Gauteng Province, for its registration and recognition as the constitution of the FCPF.

1.3. The need to establish community police sub-forums will be assessed by the FCPF as and when the need arises and such sub-forums shall, if established, be accountable to the FCPF.

2. BODY CORPORATE

The FCPF shall be a voluntary association:

2.1 Existing in its own right, separately from its members;

2.2 Continuing to exist even when its membership and office bearers change; and

2.3 Able to own property and other possessions in its own name.

3. AIMS AND OBJECTIVES

The aims and objectives of the FCPF are to:

3.1 Establish, promote and maintain a partnership between the community in the area and the police, whereby the community becomes more intimately involved in the promotion of safety, security and the attainment of a crime free environment;

3.2 Promote, improve and maintain communication and relationships between the community and the police by inter alia publishing a regular newsletter to serve as a mouthpiece to publicise and market the interests of the police and the community as well as the aims and objectives of the FCPF;

3.3 Promote, improve and maintain cooperation between the community and the police in fulfilling the needs of the community regarding policing;

3.4 Improve the rendering of police services to the community at local level;

3.5 Improve the transparency and accountability of the police to the community;

3.6 Promote and improve joint problem-identification and problem-solving by the police and the community;

3.7 Monitor the effectiveness and efficiency of the police;

3.8 Promote and evaluate the provision of visible policing in the area;

3.9 Provide a medium to lobby central, provincial and local government to ensure that the policing needs of the community are met;

3.10 Raise funds under the auspices of the FCPF to further the above aims and objectives;

3.11 Provide training programmes and seminars to police and community members in furtherance of the above aims and objectives.

3.12 Encourage all individuals, organizations, groups, businesses, institutions and interested parties who fall within the station area to be represented on the FCPF.

4. RESPONSIBILITIES

The FCPF’s responsibilities are to:

4.1 Advise the police regarding local policing priorities;

4.2 Facilitate in resolving concerns, problems and complaints from community members regarding policing;

4.3 Harmonise the relationship between the police and the community;

4.4 Request the Station Commissioner to provide information on policing on a quarterly basis;

4.5 Obtain regular feedback from the community about the quality of police service-delivery;

4.6 Initiate community-based crime prevention projects;

4.7 Inform the community about the activities of the FCPF and involve them, in these activities;

4.8 Ensure effective management of the FCPF’s resources;

4.9 Develop a Community Safety Plan setting out the programmes, projects and/or implementation plans which will be engaged for the coming financial year, in order to promote the achievement of the aims and objectives set out in paragraph 3 above. Indicate how such aims and objectives will be funded for submission to the Area Community Police Board.

5. COMMUNITY PARTICIPATION WITH AND MEMBERSHIP OF THE FCPF

5.1 Membership of the FCPF is open to all individuals, bona fide community based organizations, faith-based organizations, Non-Governmental Organizations, educational institutions, formal and informal business organizations and other social organizations which serve the community and who are living, working and based within the station area.

5.2. All persons referred to in 5.1 above may participate in the activities and attend annual and general meetings of the FCPF.

5.3. Duly authorized representatives of institutions and organizations and individuals falling within paragraph 5.1 above, shall register for membership of the FCPF in writing, with the Station Commissioner.

5.4. The local municipality shall be an ex officio member of the FCPF.

5.5. The FCPF shall as far as practically possible be representative of the station area.

5.6. No membership fee shall be payable.

5.7 Members of the FCPF are to be a-political in their decision making in terms of which no personal political bias shall influence them and the FCPF shall in all respects be a non-political, non-racial, non-sectarian and gender friendly organization.

5.8 Members shall cease to be members of the FCPF as follows:

 

5.8.1 Upon their resignation, expulsion or suspension.

5.8.2 Upon such members ceasing to reside or maintain a place of business in the station area.

5.8.3. Upon the organization they represent being liquidated or disbanded.

5.9 Any member, including a member of the Executive Committee who, in the opinion of two thirds of the Executive Committee, acts in a manner which could cause harm to the FCPF or bring into disrepute the name of the FCPF or anyone associated therewith, shall be immediately suspended by the Executive Committee, pending the outcome of an investigation and hearing before the chairperson or vice-chairperson and two thirds of the Executive Committee at which such member will have the right to be present and present his/her case. Any member who is expelled after such an investigation and hearing as set out above, shall have the right within seven days of being informed of the outcome of the hearing, to lodge an appeal against such decision to the Area Community Police Board. The notice of appeal shall not suspend the Executive Committee’s decision pending the hearing of the appeal. Upon such appeal being lodged, the Secretary shall dispatch all relevant documentation concerning the case to the Secretary of the Area Community Police Board.

6. MANAGEMENT

6.1. The FCPF shall be managed by an Executive Committee consisting of elected members and certain co-opted ex officio members as indicated hereinafter, all of whom shall be duly appointed at an Annual General Meeting (“AGM”).

6.2. Elected members of the Executive Committee shall serve for a maximum of 2 years. They may be re-elected or co-opted.

6.3. The Executive Committee shall comprise of:

 

6.3.1 A chair person, who must be a civilian;
6.3.2 A deputy chair person, who must be a civilian;
6.3.3 A secretary;
6.3.4 A treasurer;
6.3.5 Six additional members;
6.3.6 An administrator, who must be a member of the SAPS serving at the station and co-opted as a member of the Executive Committee;
6.3.7 The Station Commissioner, Head of Detectives, Head of Crime Prevention and Community Policing Officer, all of whom shall be co-opted as ex officio members of the Executive Committee.

6.4. If an office bearer of the Executive Committee other than a co-opted member, is absent without a valid apology for 3 consecutive executive meetings, the seat will automatically become vacant and the Executive Committee may appoint a member or members of the community to fill such vacancy/vacancies for the remaining period until the next AGM.

6.5. The Executive Committee has the right and power to establish, and delegate such powers as it deems appropriate to, sub-committees as may be necessary to achieve the objectives of the FCPF.

6.6. In addition to the co-opted members referred to in 6.3.above, the Executive Committee has the power to co-opt persons to:

 

6.6.1 Serve on the Executive Committee or any sub-committee for such period and purpose as the Executive Committee may determine;

6.6.2 Attend a particular meeting of an Executive Committee or sub-committee; or

6.6.3 Take part in the deliberation and consideration by an Executive Committee or sub-committee of any particular issue.

6.7. A person co-opted in terms of the above sub-clause 6.6 shall serve on the Executive Committee or sub-committee in question or attend the meetings in an advisory capacity and shall not be entitled to vote.

6.8. The Executive Committee shall ensure that proper minutes and records are kept of all meetings.

6.9. The Executive Committee shall be responsible for the day-to-day running of the FCPF.

7. ELECTION OF THE FCPF EXECUTIVE COMMITTEE

7.1. The Executive Committee of the FCPF shall be elected at an Annual General Meeting.

7.2. The Station Commissioner shall call for nominations from members of the FCPF at least one month before the AGM.

7.3. Nominations for the FCPF Executive Committee shall close 14 days prior to the date set for the AGM.

7.4. The community shall be notified of the nominees for election to each position by public notice at the Police Station and/or community centres and/or in the media or the FCPF newsletter at least 10 days before the date set for the AGM.

7.5. Elections for the FCPF Executive Committee shall be held during every second AGM, save in respect of vacancies that require to be filled as set out in 6.4 above.

7.6. Nominees for the Executive Committee shall be persons with good standing in the community. No person shall be eligible for election to the Executive Committee if he or she has been convicted of a criminal offence as listed in schedule 1 of the Criminal Procedure Act No. 51 of 1977. .

7.7. The Station Commissioner shall be the Electoral Officer.

7.8. The relevant Area Community Police Board shall monitor the electoral process.

8. VOTING RIGHTS

8.1. Each FCPF member who has duly registered as provided for in 5.3 above, shall have one vote at all meetings.

8.2. In the event of a deadlock the Chairperson will have a casting vote.

9. VOTING PROCEDURE

9.1. Voting in a general FCPF meeting shall be by a show of hands;

9.2. Voting during the election of the Executive Committee shall be through a secret ballot;

9.3. Voting in the Executive Committee or any sub-committee shall be by a show of hands.

10. MEETINGS

10.1 Annual General Meeting

 

10.1.1 An Annual General Meeting shall be called within 3 months after the end of the financial year i.e. before the 31st of November of each year to:

 

10.1.1.1 Discuss the Annual Report presented by the Executive Committee;
10.1.1.2 Discuss and draft resolutions on matters pertaining to the objectives and aims of community policing;
10.1.1.3 Elect, every second year, an Executive Committee;
10.1.1.4 Fill any vacancies on the Executive Committee;
10.1.1.5 Discuss and approve the year end financial statements and Auditor’s Report;
10.1.1.6 Discuss and approve the Community Safety Plan developed by the Executive Committee;
10.1.1.7 Appoint and approve the auditors of the FCPF.
10.1.1.8 Discuss any business of concern to the community

10.1.2. The community shall be notified of the date, time, venue and agenda of any AGM by public notice at the Police Station and/or community centre and/or in the local media and/or in the FCPF newsletter at least one month prior to the meeting.

10.2 Special General Meetings

10.2.1. The Executive Committee may instruct the Secretary to convene a Special general meeting to discuss and rule on special matters.

10.2.2. The Secretary shall on written request from at least two thirds of the membership, call a special general meeting to discuss and resolve on issues stated clearly in writing by the members concerned. Notice of such a meeting shall be given to members at least 14 days prior to the date set for such Special General Meeting.

10.3 General FCPF Meetings
The Executive Committee shall convene General FCPF meetings at least on a quarterly basis open to the general public living within the station area.

10.4. Executive Committee Meetings
The Executive Committee shall convene monthly and in addition as and when they deem it necessary at the instance of the Chairperson or any member of the Executive Committee after submission of a written request for such meeting to the Chairperson.

11. QUORUM

11.1 Annual and General Meetings

 

11.1.1 At least 50% plus one (1) of all registered members of the FCPF shall be present at an AGM or general meeting to constitute a quorum.

11.1.2. If a quorum is not attained at the convening of a scheduled AGM or general meeting, the meeting shall adjourn for at least thirty minutes, where after if the quorum is still not attained, the meeting shall be re-scheduled to a date not exceeding fourteen (14) days later.

11.1.3. The notice of the re-scheduled meeting shall be issued by the Secretary of the Executive Committee within five (5) days from the date of the adjourned meeting.

11.1.4. At the re-scheduled meeting, if no quorum is present, the meeting shall continue provided a record of the Notice referred to in 11.1.3 above is presented by the Secretary and confirmed by the members present.

11.2. Executive Committee Meetings

 

11.2.1 At least 50% plus one (1) of the Executive Committee members present shall constitute a quorum for an Executive Committee Meeting.

11.2.2. If a quorum is not attained at the convening of a scheduled Executive Committee meeting, the meeting shall stand adjourned for at least thirty minutes, where after if the quorum is still not attained, the meeting shall be re-scheduled to a date not exceeding seven (7) days later.

11.2.3. The Notice of the re-scheduled meeting shall be issued by the Secretary of The Executive Committee within two (2) days from the date of the adjourned meeting.
11.2.4. At the rescheduled meeting, if no quorum is present, the meeting shall continue provided a record of the Notice referred to in 11.2.3 above is presented by the Secretary and confirmed by the members present.

12. FINANCIAL ADMINISTRATION

12.1 The FCPF shall open and maintain a bank account in its name at a registered bank in which all funds received by the FCPF shall be deposited.

12.2. No person may keep funds received by the FCPF under his or her personal control.

12.3. Prior approval must be obtained from the Executive Committee for all expenditure.

12.4. Receipts must be obtained for all expenditure and timeously submitted to the Treasurer.

12.5. Withdrawal cheques and any other financial transaction shall be signed by any two (one of which must be the Station Commissioner) of four nominated signatories appointed from time to time by the Executive Committee.

12.6. The financial affairs of the FCPF shall be conducted in accordance with Generally Accepted Accounting Practices (“GAAP”) applicable in the Republic of South Africa.

12.7. The year-end financial statements of the FCPF shall be independently audited and shall form part of the annual report to be presented at its AGM.

12.8. The financial year period will be from 1 September - 31st of August.

13. DUTIES OF THE EXECUTIVE COMMITTEE

13.1. The Executive Committee shall play a leading role in the promotion, development and implementation of the FCPF’s aims and objectives set out in clause 3 above.

13.2. The Executive Committee is required to maintain efficient control over the activities of the FCPF and the action of its members in regard thereto.

13.3. The Executive Committee is required to appoint at its own discretion sub-committees, co-opt members to serve on the sub-committees, direct issues and allocate tasks to these sub-committees.

13.4. The Executive Committee shall determine the application and distribution of funds collected for purposes of attaining the aims and objectives of the FCPF.

13.5. It shall also prepare and draft the Community Safety Plan and other projects referred to in paragraphs 3 and 4 above.

14. DUTIES OF OFFICE BEARERS

14.1. Duties of the Chairperson

 

14.1.1. Ensuring execution of all decisions passed by the Executive Committee.

14.1.2. Presiding over meetings of the FCPF.

14.1.3. Serving as a member of the Area Community Police Board established pursuant to the provisions of section 20 of the South African Police Service Act No. 68 of 1995.

14.1.4. Reporting regularly on the functioning of the FCPF to the Area Community Police Board and provide feedback from such Board to the FCPF.

14.1.5. Presenting reports on the work of the FCPF at all meetings.

14.1.6 Supervising all work of the FCPF in conformity with this constitution, the relevant legislation and procedures agreed upon by the forum.

14.1.7 Being responsible for proper communication between the Executive Committee and the community by inter alia establishing the regular newsletter and appointing a person responsible for its publication and distribution.

14.2. Duties of the Deputy Chairperson

 

14.2.1. In the Chairperson’s absence, the Deputy Chairperson shall assume all functions of the Chairperson.

14.2.2. In the absence of both the Chairperson and the Deputy Chairperson, the Executive Committee shall nominate one of their number to preside at such meetings.

14.3. Duties of the Secretary

 

14.3.1. Taking minutes in accordance with the provisions of this constitution at all meetings.

14.3.2. Receiving and dispatching correspondence for and on behalf of the FCPF.

14.3.3. Arranging all meetings to be held.

14.3.4. Ensuring the safekeeping of all official documents of the FCPF other than financial records.

14.3.5. Performing all other duties usually associated with the office of a Secretary.

14.3.6. Executing instructions issued by the Executive Committee.

14.4. Duties of the Treasurer

 

14.4.1. The Treasurer will be responsible for the finances of the FCPF and ensure strict compliance with the generally accepted accounting practices and other financial policies laid down by the Executive Committee.

14.4.2. Operating the bank account on behalf of the FCPF and acting as co-signatory to all withdrawal cheques together with another member of the Executive Committee.

14.4.3. Keeping books of account and other records necessary to clearly reflect the financial position of the FCPF, which should include keeping a separate register of all assets belonging to the FCPF and liaising with the FCPF’s auditors.

14.4.4. Tabling a financial report at every general FCPF meeting and annual financial report and budget at every AGM and as requested by the Executive Committee.

14.5. Duties of the Administrator

 

14.5.1. The Administrator is to assist the Secretary in the execution of his/her duties.

14.5.2. Receiving and dispatching information and correspondence for and on behalf of the FCPF.

14.5.3. Assisting the Secretary in arranging all meetings as required by the Executive Committee.

14.5.4. Assisting in the safekeeping of all official documentation, financial records and assets of the FCPF.

14.5.5. Performing such administrative functions as may be determined by the Executive Committee.

14.6. Additional Members
Additional members shall perform such functions as the Executive Committee may decide.

15. DISSOLUTION

On the recommendation of the Area Community Police Board, and after thorough consultation with all interested parties, the MEC may dissolve the FCPF whereupon all the funds and assets collected by the FCPF after payment of all debts will be distributed to other community police forums at the discretion of the then Executive Committee.

16. AMENDMENTS TO THE CONSTITUTION

Amendments to this Constitution may be made at a Special General Meeting convened for this purpose in terms of par. 10.2 above at which at least 75% of the registered members are present. In addition a two thirds majority of all active members attending that meeting will be required to ratify amendments or changes to this Constitution.

17. INTERPRETATION

In the event of doubt as to the meaning or interpretation of any clause of this Constitution, the Executive shall be the final arbitrator in regard thereto and its decision shall be binding on the FCPF

18. CONFIDENTIALITY

No information of a confidential nature acquired by any member of the Executive Committee shall be disclosed to any person during or after their term of office.

 

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