CONSTITUTION OF CARE AND DEVELOPMENT OF CHILDREN NON-PROFIT ORGANIZATION

I.    Name

  1. The organisation hereby constituted will be called Care and Development of Children
  2. Its shortened name will be CDC (hereinafter referred to as the organisation).
  3. The organisation shall:
    1. Exist in its own right, separately from its members.
    2. Continue to exist even when its membership changes and there are different office bearers.
    3. Decide on the powers and functions of its office-bearers.
    4. Be able to own property and other assets.
    5. Be able to sue and be sued in its own name.

II.    Objectives of Organization

  1. The organisation’s main objectives are to:
  2. provide a home to disadvantaged, abused and AIDS-affected children
  3. provide opportunities for extra-curricular activities and excursions over weekends and holidays for above-mentioned children
  4. provide an opportunity for children from this group, who are academically gifted, to write the entrance exam to Internationale Deutsche Schule and schools in the surrounding Southern and Northern Suburbs area of Cape Town, and if they are successful, pay for their tuition
  5. offer an academic exchange program for academically gifted amongst these children
  6. The organisation’s secondary objectives are to:
    1. establish and maintain collaborations with organizations that will support and advance the primary objectives of this organization in a sustainable manner.
    2. create job opportunities for persons from previously disadvantaged backgrounds to assist with house-keeping, gardening, maintenance, etc.

 III.    Income and property

  1. The organisation will develop and maintain an asset register.
  2. The organisation may not give any of its money or property to its members or office- bearers. The only time it can do this is when it pays for work that a member or office-bearer has done for the organisation. The payment must be commensurate with the work that has been done and affordable to the organization.
  3. A member of the organisation can only get money back from the organisation for expenses that s/he incurred for or on behalf of the organisation.
  4. Members or office-bearers of the organisation do not have rights over any of the assets of the organisation.

IV.    Membership and General Meetings

  1. Persons who support the objectives of the organization must complete the CDC membership application form (obtainable from the CDC website) and submit it to the CDC general secretary together with the annual membership fee to be decided at the AGM.
  2. Membership will be confirmed upon receipt of the CDC constitution.
  3. Members to contribute actively towards the fulfillment of CDC’s objectives.
  4. Members of the organisation can elect a new management committee at the annual general meeting after the completion of their term or upon resignation from the management committee
  5. At the annual general meeting (AGM) members may exercise their right to determine the policy of the organisation.
  6. At the AGM members may review the power, functions and performance of the management committee.
  7. Members who no longer want to remain active members should resign in writing.
  8. Members who remain inactive for a period of 12 months will be requested in writing whether they want to remain members, alternatively to submit their resignation in writing. Should no resignation letter be received within one month of date of enquiry, the member will automatically be deemed as resigned.

V.    Management

  1. A management committee will manage the organisation. The management committee will be constituted of no less than 4 members, occupying the following portfolios:
    1. Chairperson
    2. Secretary
    3. Treasurer
    4. Public Relations and Fundraising Co-ordinator
  2. Office-bearers will serve for a three year term, and will be eligible for re-election, based on performance and their availability for re-election.
  3. If a member of the management committee does not attend three consecutive management committee meetings, without having submitted an apology, the member will forfeit his/her position.
  4. The management committee will meet at least once a month.
  5. Management decisions will only be endorsed when 50% plus one member are present at the meeting. This constitutes a quorum.
  6. The Chairperson, in consultation with the secretary will set up the agenda of the meeting and send out an invitation for agenda items 10 working days prior to the meeting.
  7. Agenda items should be accompanied by relevant documentation.
  8. The agenda will be sent to members of the management committee at least five (5) days prior to the date of the meeting.
  9. Minutes will be taken by the secretary at every meeting to record the management committee’s decisions. The minutes of each meeting will be given to management committee members at least ten (10) days after the previous meeting to ensure follow-up actions commence prior to the next meeting date.
  10. The minutes shall be confirmed at the next meeting of the management committee, and shall thereafter be signed by the chairperson.
  11. The management committee has the right to form project or task teams to assist it in projects towards achieving its primary objectives.
  12. All members of the organisation have to abide by decisions taken by a quorate management committee.

IV.    Powers of the management committee

  1. The management committee may take on the power and authority that it believes necessary to achieve the objectives as stated in paragraph 2 of this constitution. Its activities must abide within the South African legal framework as well as those of collaborative partner countries.
  2. The management committee has the power and authority to raise funds and/or to invite and receive contributions.
  3. The management committee has the power to buy, hire or exchange any property/assets that it needs to achieve its objectives.
  4. The management committee has the right to develop policies to ensure good governance principles are effect in the management of the organization.

VII.    Meetings and procedures of the committee

  1. The management committee must hold at least 10 ordinary meetings each year.
  2. The chairperson shall act as the chairperson of the management committee. If the chairperson does not attend a meeting, then members of the committee who are present will reach consensus on the person nominated to chair the meeting, prior to the start of the meeting.
  3. There shall be a quorum whenever special meetings are held.
  4. When necessary, the management committee will vote on issues. If the votes are equal on an issue, then the chairperson has either a second or a deciding vote.
  5. Minutes of all meetings must be kept safely and always be on hand for members to consult.
  6. The management committee may establish one or more sub-committees/task teams, linked to specific inquiries or projects. Recommendations of the project teams must serve on the agenda of the management meetings for discussion.  Task teams will continue to function until such time as the mandated brief has been completed.
  7. The chairperson, or 50% of the members of the management committee, can call a special meeting should an urgent matter arise, including proposed changes to the constitution. Notice of such a special meeting together with the proposed agenda must be communicated to all members of the management committee within ten (10) working days of such a meeting, and acknowledgement of such communication must be submitted to the secretary. However, appointment of a new member to the management committee will require a notice period of twenty (20) working days.

VIII.    Annual general meeting

  1. The AGM will be held in the first quarter of the organisation’s financial year.
  2. The organisation should deal with the following business, amongst others, at its AGM:
    1. Consult and agree to the agenda items.
    2. Record attendance of members, and note apologies submitted to the secretariat.
    3. Confirmation of the minutes of the previous AGM
    4. Feedback on matters arising.
    5. Chairperson’s report.
    6. Treasurer’s report.
    7. Table and discuss proposals by members of changes to the constitution or policies of the institution.
    8. Elect new office bearers when necessary.
    9. Introduce any urgent agenda items under General
    10. Closure of the meeting.

IX.    Finance

  1. The financial year of the organisation will start on 1 January and end on 31 December.
  2. The treasurer’s function is to manage the operational and capital income and expenditure of the organisation and keep financial records according to best practice and financial principles. The treasurer shall open a bank account in the name of the organisation and process all funds (income and expenditure) via this account.
  3. An Auditing firm shall be appointed by the management committee, and ratified at the AGM. The firm’s duty is to audit the organisation’s finances and to ensure that financial best practice principles are followed in managing the finances of the organization.
  4. The Treasurer and one (1) other management committee member will be signatories to any withdrawals or deposits made against the bank account of the organisation.
  5. All transactions will be ratified at the subsequent management committee meeting.
  6. The organisation’s accounting records and reports must be ready and submitted to the Director of Non Profit Organisations within six months after a financial year end.
  7. Should a surplus arise, the organisation may invest such funds with a registered financial institution (as listed in Section 1 of the Financial Institutions Investment of Funds Act, 1984), or obtain securities that are listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985. Any investment proposals need to be tabled at the management committee for endorsement prior to serving at the AGM for approval.

X.    Changes to the constitution

  1. The constitution can be amended by a resolution taken by the majority (67%) of members present at the AGM or special meeting.
  2. Members must vote by ballot at this meeting to change the constitution.
  3. Any member may vote by proxy, if the details of the changes are set out in the notice referred to in 7.7.
  4. A written notice must go out not less than ten (10) working days before the meeting at which the changes to the constitution will be proposed and discussed. The notice must contain relevant documentation indicating the proposed changes to the constitution.
  5. No amendments may be made which would have the effect of making the organisation cease to exist.

XI.    Dissolution/Winding–up

  1. The organisation may close down if at least two-thirds of the members present at a meeting convened for the purpose of considering such matter, vote by ballot, in favour of the cessation of the organisation.
  2. When the organisation ceases to exist, it is obligated to pay off all its debts.
  3. Thereafter, if there are assets (current and/or fixed) remaining, the members should collectively decide to which other NPO, with similar objectives to that of the organisation, such assets should be donated and in what form that donation will be.

This constitution was approved and accepted by members of the  Care and Development of Children Non-Profit Organization at a special meeting held in Cape Town on May 15, 2011.


Duly elected Chairperson: Ruby-Ann Levendal

Duly elected Secretary: Gail Bester

Duly elected Treasurer: Cheryl Jaftha

Duly elected Public Relations and Fund-raising Officer: Desiree Schumann