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CONSTITUTION OF THE BASIC INCOME GRANT COALITION
CONSTITUTION OF THE BASIC INCOME GRANT COALITION
- Name
The organisation hereby constituted will be called the Basic Income Grant Coalition.
Its shortened name will be the BIG Coalition (hereinafter referred to as the Coalition).
The Coalition shall be a body corporate, in consequence of which it shall:
- Exist in its own right, separately from its members;
- Continue to exist even when its members or office bearers change;
- Be able to own property and other possessions; and
- Be able to sue and be sued in its own name.
Objectives
The Coalition’s main objective is to promote the realisation of the Constitutional right of universal access to social security and appropriate social assistance through the introduction on a national basis of a universal income support grant, known as the Basic Income Grant (BIG), as part of a comprehensive social protection package. A BIG should be payable –
- monthly, from cradle to grave;
- to all individuals legally residing in South Africa;
- without reducing the amount of social assistance any individual is eligible to receive under current programmes;
- through public institutions;
in a manner that facilitates a more equal distribution of income and assets in South Africa.
The Coalition’s secondary objectives are --
- to engage in research, public education, mobilisation and advocacy in support of the introduction of a Basic Income Grant;
- to build an alliance of organisations committed to the eradication of poverty and the realisation of basic rights enshrined in the South African Constitution; and
- to network with similar organisations elsewhere in the region, the continent or the world.
Income and property
The Coalition will keep a record of everything it owns, including fixed and moveable assets.
The Coalition may not give any of its money or property to its members or office bearers, except in reasonable payment for work that a member or office bearer has done for the Coalition in pursuit of its objectives or in reimbursement for reasonable and legitimate expenses incurred on behalf of the Coalition, as decided by its duly constituted structures.
Members or office bearers of the Coalition do not have any rights over things that belong to the Coalition (e.g., copyrights, logos, etc.).
Membership and General Meetings
Membership in the Coalition is open to any non-governmental organisation, but not an active political party, that formally endorses the Coalition’s main objective, as set out in clause 2.1 above, subject to approval by the National Steering Committee. For the purposes of this clause –
- "active political party" means any organisation that has nominated candidates for election to public office in the local, provincial or national spheres in the previous five years; and
- "formally endorses" means sending written confirmation of support for the Coalition’s main objective; such confirmation may take the form of a copy of a resolution or minute adopted by the organisation’s highest policy-making body or a letter signed by the organisation’s President, Chief Executive Officer or other comparable official.
An organisation will cease to be a member of the Coalition if –
- The organisation is wound-up or dissolved;
- The organisation’s President, Chief Executive Officer or other comparable official notifies the Chair of the National Steering Committee in writing of the organisation’s intention to resign from the Coalition; or
- The National Steering Committee determines that the organisation has made statements or taken actions contrary to the objectives of the Coalition or has wilfully brought the Coalition into disrepute and the National Steering Committee therefore votes by a simple majority to terminate its membership.
General Meetings
A general meeting of the Coalition’s members shall be held annually within three months of the end of the financial year.
At each annual general meeting, at least the following business shall be transacted:
- A scribe shall be appointed to keep a record of the business transacted;
- A record shall be made of all those attending the meeting and the organisations and sectors that they have been appointed to represent;
- A record shall be made of all apologies received from those unable to attend the meeting;
- Those in attendance shall agree on an agenda for the meeting;
- The minutes of the previous annual general meeting shall be circulated (or read) and confirmed;
- The Chairperson of the National Steering Committee (or his or her designate) shall report on activities of the Coalition during the previous year and shall describe the National Steering Committee’s plans for the coming year for the consideration and approval of the delegates; and
- The Treasurer of the National Steering Committee (or his or her designate) shall present the Coalition’s financial statements for the previous financial year and the Coalition’s budget for the current financial year for the consideration and approval of the delegates;
- A registered accounting officer or firm shall be appointed to audit the Coalition’s financial records;
- Amendments to the Constitution shall be considered, provided the delegates have been given due notice of such proposed amendments;
- A National Steering Committee shall be elected to serve until the next annual general meeting;
- An opportunity shall be given to delegates to raise other matters of concern to the Coalition.
For the purposes of the election of a National Steering Committee, delegates present at the annual general meeting shall cluster themselves into not more than ten (10) sectoral sub-caucuses, based on the primary focus of each member’s activities. Each sectoral sub-caucus shall elect an organisation, which shall be the "lead organisation" for that sector to ensure that the sector is represented on the National Steering Committee. An organisation must be a member of the Coalition to be eligible for election, but it need not have any delegates present at the annual general meeting.
A special general meeting shall be convened if the National Steering Committee adopts a motion to this effect. Such a motion should stipulate the time, date and venue of the special general meeting and the business to be considered.
All member organisations must be notified in writing of a general meeting at least fourteen (14) days before the meeting is to take place. This notice should include the time, date and venue of the general meeting and the business to be considered.
All member organisations may send up to four delegates to attend a general meeting, but each organisation represented shall only have one vote.
When necessary, matters at a general meeting will be decided by a vote. Voting will be by a simple majority, except for amendments to the Constitution, which must be decided by a two-thirds majority, as required by section 10 of this Constitution. Each member organisation represented at the general meeting shall have one vote. If the delegates representing an organisation disagree about how that organisation’s vote should be cast, then the organisation’s vote shall be cast in the manner favoured by the majority of the organisation’s delegation. If the members of the organisation’s delegation are equally divided, then the organisation’s vote shall be recorded as an abstention. If an equal number of organisations cast their votes on both sides of an issue, then motion will be defeated.
The National Steering Committee
The National Steering Committee shall decide all matters of Coalition policy, strategy, and management.
The National Steering Committee shall be composed of delegates appointed by not more than ten (10) member organisations (known as "lead organisations"). Lead organisations shall elected each year at the annual general meeting to represent the various sectors active in the Coalition, as identified in terms of clause 5.3.
Each lead organisation elected to the National Steering Committee may appoint up to three delegates to serve on the National Steering Committee. Delegates so appointed need not be members or staff of the lead organisation, but should be members or staff of another member organisation from the same sector as the lead organisation. Lead organisations may, from time to time, appoint alternates to fill temporary or permanent vacancies in their sectoral delegations. Lead organisations should take into account gender, racial, and geographical diversity when appointing delegates to the National Steering Committee.
Lead organisations shall be elected to ensure that their respective sectors are represented on the National Steering Committee in the manner described in clause 5.3 for a period of one year, but they may stand for re-election for another term in office after that. There shall be no limitation on the number of times an organisation may stand for election as a lead organisation, nor shall there be any limitation on the number of times an individual may be appointed by a lead organisation as a delegate to represent its sector in the National Steering Committee.
If a lead organisation fails to appoint delegates to the National Steering Committee within one month of its election, or if all of its appointed delegates fail to attend two consecutive meetings of the National Steering Committee, then the National Steering Committee may elect another organisation to serve as lead organisation for the sector until the next annual general meeting.
The National Organiser (if any) shall be a member of the National Steering Committee, ex officio.
All members of the organisation must abide by decisions that are duly taken by the National Steering Committee.
Powers of the National Steering Committee
The National Steering Committee may take on the power and authority that it believes it needs to be able to achieve the objectives that are stated in clause 2 of this constitution. Its activities must abide by the law.
The National Steering Committee has the power:
- to raise funds or to invite and receive contributions;
- to employ, discipline, and dismiss staff;
- to buy, hire or exchange for any property that it needs to achieve its objectives;
- to open, close and manage banking accounts in the name of the Coalition;
- to enter into any contract on behalf of the Coalition;
- to make by-laws for proper management, including procedure for application, approval and termination of membership;
- to receive and to approve or reject applications for membership in the Coalition and to assign new members to sectoral categories;
- to terminate the membership of an organisation that has made statements or taken actions contrary to the objectives of the Coalition (as listed in section 2 above) or has wilfully brought the Coalition into disrepute;
- to convene general meetings of the Coalition’s members;
- to identify new sectors from time to time and to identify a lead organisation in each new sector, provided:
- any new sector identified includes at least one new organisation that has joined the Coalition since the last annual general meeting;
- the identification of any new sector is subject to ratification at the next annual general meeting; and
- the total number of sectors identified shall not exceed ten (10).
The National Steering Committee may form subcommittees from time to time and may delegate specific powers and responsibilities to such subcommittees. Any decisions or actions taken by a subcommittee must be reported in writing to the next meeting of the National Steering Committee, which must decide whether or not to ratify its decisions or actions. If the National Steering Committee disapproves of an unexecuted decision of a subcommittee, such decision shall not be executed.
Meetings and procedures of the National Steering Committee
The National Steering Committee shall meet at least four times a year. Business may be transacted by teleconference, videoconference or other electronic means that enable National Steering Committee members to interact without all being physically present in the same location.
The National Steering Committee shall elect from among its members a chairperson, a deputy chairperson, and a treasurer.
Meetings of the National Steering Committee shall only be competent to make decisions on behalf of the Coalition if:
- at least 25% of the delegates appointed by lead organisations are present; and
- no more than one sector is not represented by at least one appointed delegate.
- This constitutes a quorum.
The chairperson (or in the absence of the chairperson, the deputy chairperson) shall chair National Steering Committee meetings. In the absence of both the chairperson and the deputy chairperson, those members of the committee who are present shall choose a chair from amongst themselves at the start of the meeting.
The National Steering Committee shall appoint an ad hoc secretary at the beginning of each of its meetings to take minutes and to record decisions taken. The minutes of each meeting will be circulated to National Steering Committee members at least 14 days prior to the next meeting. The minutes shall be confirmed as a true record of proceedings by the next meeting of the National Steering Committee, and shall thereafter be signed by the chairperson.
The Chairperson or any two members of the National Steering Committee may call a special meeting of the Committee by giving notice to the other members. Notice of a special meeting must be given to all members of the National Steering Committee not less than 14 days before it is due to take place and must identify the issues to be considered at the meeting. If, however, one of the matters to be discussed is the termination of an organisation’s membership, then those calling the meeting must give the other members of the National Steering Committee not less than 30 days notice.
A quorum must be present for any decision of the National Steering Committee to be binding on the Coalition.
When necessary, the National Steering Committee will vote on issues. Voting will be by a simple majority (i.e., a motion shall be carried if more than half of the National Steering Committee delegates present agree to the motion). If an equal number of votes are cast on both sides of an issue, then the chairperson shall have an additional, deciding vote.
Finance
The National Steering Committee shall appoint at least three unrelated people as financial officers to accept fiduciary responsibility for the Coalition’s financial management. One of these people shall be the Treasurer of the National Steering Committee. Normally, the Chairperson, Deputy Chairperson and the National Organiser (if any) will also be appointed as financial officers, unless any of these individuals are related to the Treasurer or to each other.
The financial officers shall constitute a standing finance subcommittee of the National Steering Committee that shall meet monthly to oversee the Coalition’s finances. Business may be transacted by teleconference, videoconference or other electronic means that enables members of the finance subcommittee to interact without all being physically present in the same location.
The Treasurer of the National Steering Committee shall be responsible for managing the day to day finances of the Coalition and ensuring that proper records are kept of all of the Coalition’s assets, liabilities and financial transactions.
The Treasurer shall ensure that all of the Coalition’s funds (except for a reasonable amount of petty cash necessary to finance incidental expenses) are deposited into a bank account in the Coalition’s name. All withdrawals from or cheques drawn on this account must be signed by one of the financial officers designated by the National Steering Committee. The National Steering Committee may, from time to time, determine a maximum amount for cheques or withdrawals with one signature. If such a maximum is established, then the signatures of three financial officers shall be required for any cheque or withdrawal larger than this amount.
The Coalition’s funds may only be spent in pursuit of the Coalition’s objectives or, if invested, may only be invested in a financial institution (as defined by sec. 1 of the Financial Institutions (Investment of Funds) Act, 1984), listed securities (as defined by sec. 1 of the Stock Exchanges Control Act, 1985), or any other financial instrument approved for this purpose by the Commissioner of Revenue.
The Coalition may not use its assets, directly or indirectly, to support, advance or oppose any political party.
The Coalition may not accept any donation that may be reclaimed by the donor (except where the Coalition fails to abide by or fulfil a written condition attached to the donation at the time it was made).
The Coalition may not carry on any business or trading activity that would render it ineligible for registration as a public benefit organisation in terms sec. 30 of the Income Tax Act, 1962.
A registered accounting officer or firm shall be appointed at the annual general meeting to audit and check on the finances of the organisation.
The financial year of the organisation shall be from 1 April to 31 March of the following year.
The Treasurer must ensure that the organisation’ s audited annual financial statements and a narrative report on its activities during the previous financial year are submitted to the Director of Nonprofit Organisations within six months after the end of the financial year.
Changes to the constitution
An annual general meeting or a special general meeting may consider a motion to amend the constitution only if written notice is sent to all member organisations not less than fourteen (14) days before the meeting that is to consider the motion. This notice must indicate the wording of the constitutional amendment that is to be proposed and discussed at the meeting.
In order to succeed, a motion to amend the constitution must be agreed to by not less than two thirds of the member organisations represented at the meeting.
A quorum for any vote on a constitutional amendment shall be two thirds of the Coalition’s member organisations.
No amendments may be made which would have the effect of making the organisation cease to exist.
The Chairperson of the National Steering Committee must ensure that any successful amendment to the constitution is submitted to the Commissioner of Revenue and to the Director of Non-Profit Organisations within thirty (30) days of its adoption.
Dissolution/Winding-up
An annual general meeting or special general meeting may consider a motion to dissolve the Coalition only if written notice is sent to all member organisations not less than fourteen (14) days before the meeting that is to consider the motion. This notice must indicate that the meeting will consider a motion to dissolve the Coalition.
The Coalition shall cease to exist on a date specified in the motion if at least two-thirds of the delegates present at the meeting vote in favour of the motion.
A quorum for any vote on a motion to dissolve shall be two thirds of the delegates appointed by member organisations to attend the meeting.
If a motion to dissolve succeeds, the Treasurer shall be responsible for ensuring that the Coalition’s outstanding debts are paid. Any assets or funds remaining shall be given in to another public benefit organisation pursuing similar objectives. The general meeting that votes to dissolve the Coalition should decide what organisation this should be.
This constitution was approved and accepted by members of the Basic Income Grant Coalition at a special general meeting held on 4 December 2003 at Ipelegeng Community Centre, Jabavu, Soweto.
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