Constitution

(This Document is being prepared for publishing)

 

THE CONSTITUTION

OF

AFRICA 4 RAFIKI

FORT PORTAL, UGANDA,
EAST AFRICA

DRAWN AND FILED BY:

J & M BARCHA AGENCIES
P.O. BOX 2622, KAMPALA

1.4 DO HERE BY:

This 26 th day of June 2006… DECLARE this constitution to be here in after, the constitution of our association herein, named Africa4rafiki

Therefore, these herein, the constitution shall be supreme and binding authority upon members of the Association. Decisions, policies, resolutions, any form of behavior inconsistent with the constitution, the constitution shall prevail and the inconsistency, be null and void.

ARTICLE 1:
NAME AND STATUS OF THE ASSOCIATION
1.2 The name of Association shall AFRICA 4 RAFIKI (A4R)

It has been formed as a Non Governmental Association NGO with neither political nor religious affiliations.

ARTICLE 2:
LOCATION AND ADDRESS
2.1 The registered Headquarters/Office of the Association and physical address shall be situated in Fort Portal Town South Division of the Republic of Uganda. The address of the association shall be anywhere as the executive deems it fit.

ARTICLE 3:
GOAL AND OBJECTIVES
The goal of the Association is to organise, empower, sensitise and guide the youth on contemporary economic development initiatives leading to positive living in regard to social-economic well-being.

3.3.1 General Objectives
The objectives of A4R shall include the following;

The objectives will be:
• To support self help projects as a means to general sustainable development and well being of the youth in the Rwenzori region.
• To promote among members unity and uniformity to have a single voice on matters related and concerning modern farming, social and economic well-being as citizens of Uganda.
• To identify development projects those are of value to the general development of the community and gunner support for their sustainable development and implementation.
• To advocate the views and policies of the Association to the government and other authorities.
• To voluntarily assist in the planning, implementation and evaluation of projects identified as necessary by the organization at all levels.
• To sensitize parents to look after their children, provide both economic and social support.

3.3.2 Specific Objectives
• To set up a Youth Demonstration Projects and train them in the region and equip them with new skills so as to empower them economically.
• To provide the youth and the general community with Agro skills and also provide consultancy services.
• To engage in viable high-value commercial agriculture projects in rural areas in Uganda to produce both national and international market.
• To set up metal and carpentry workshops to train the youth and also give services to the general community.
• To help the youth in creating social independence so as they may be responsible citizens.
• To influence the general public concerning the philosophy of love, care and protection of the youth against human sacrifice.

ARTICLE 4:
INTERPRETATIONS
4.1 In interpreting words herein the constitution, the meaning here forth, will prevail:

(a) Association ………………………………………………: Means this Association initiative
(b) The Chairperson………………………………………: Of the committee shall mean the person elected pursuant and concern
(c) Words importing………………………………………: The singular member shall include the plural and vice versa
(d) The Office……………………………………………………: The registered office for the time being of the Association
(e) The Sign…………………………………………………………: The common sign of the Association
(f) In writing……………………………………………………: Written lithographic, printed or in any other mode of representing or reproducing words in visible form
(g) The secretary and Treasurer………: To the provision of those articles to those officers respectively
(h) A member of the Association ……: Affiliate/Registered Person to the Association
(i) Executive………………………………………………………: Members of the Executive Committee collecting
(j) Founder Members………………………………………: Persons who first conceived the idea of the Association
(k) Article……………………………………………………………: Means items and clauses embedded in this Constitution

4.2 The Association’s motto shall be “Modern Farming for all as a Millennium Goal”, a symbol on which the Association is built.

ARTICLE 5:
MEMBERS
5.1 The founder members shall take the posts of; Chairman, Vice Chairman, Secretary, Secretary, Treasurer, Publicity Secretary, Association Coordinator, chairman loan committee, therefore any person subject to the provision of these present, joins the Association to be subscriber members.

5.2 The committee including founder members may from time to time appoint honorary members of the Association

5.3 Members of A4R must accept this constitution, agree to bide by its rules and regulations and give evidence by their lives, principles and practices of the Association.

ARTICLE 6:
POLICY
6.1 To provide the physical services that shall be used to offer adequate service of the members and farmers community to care for their/ our well-being.

ARTICLE 7:
MEMBERSHIP
7.1 There shall be a membership form that will be filled by any person(s) joining the Association. It will be open to all citizens of Uganda.

7.2 The membership to the Association shall be open to all persons in Uganda who are 16 years and above, provided that person confirms to the rules of the Association.

7.3 Each member shall pay Ush.2000 (twoThousand shillings) or any amount that shall be agreed by members as membership fee.

7.4 There shall be executive committee members who will be elected by members every after two years and ordinary members

There shall be four categories of members: -

1. ORDINARY/MANAGERIAL MEMBERS
Ordinary members shall be open to all persons, who are 18 years and above. They shall qualify to be such upon the payment of subscription and membership fee of Uganda Ush. 10,000 (Ten thousand shillings only)

2. LIFE MEMBERS
Life members shall be the founder members of the Association, who shall enroll upon a subscription fee of Ush. 5000 (Five thousand shillings only)


Power and functions;
- shall form the general assembly, which is supreme body
- shall fully participate in the A4R activities and design
- shall approve the budget presented by the board
- shall receive regular copies of annual financial statements presented to the general assembly by the board chairman
- shall vote during the annual general assembly

3. ASSOCIATE MEMBERS
a. These are the beneficiaries or would be beneficiaries from the Association
b. Shall form the volunteers group, which shall provide voluntary services to the Association

4. HONORARY MEMBERS
There are members who have made distinguished contribution to the Association and they have not accepted to subscribe as members or by virtue of their position they hold

5. CORPORATE MEMBERS
These organizations with line interests of the Association and shall pay membership of Ush. 30,000 (Thirty thousand Uganda shillings).

ARTICLE 8:
GENERAL ASSEMBLY
8.1 The general assembly shall comprise of the paid up members of A4R and will be responsible for the following;

- Protect rights of the members
- Approve accounts of A4R
- Approve business plan, annual plan and budget
- Elect executive committee
- Undertake any general business deemed necessary for A4R

8.2 CHAIRPERSON
Shall head the executive committee
• Shall be the chief executive officer of A4R
• Shall chair the meetings
• Shall be the director of projects responsible for the project set up
• Shall compile periodical reports on various projects and submit them to the Board
• Shall provide leadership and general guidance to the Association in accordance with the objectives
• Mobilize resources for the Association
• Shall be in charge with implementation of the project policies
• Preside over all meetings of the Board and shall be an ex-official to all committees
• Shall sign dismissal of members as approved by the Board
• Shall maintain and keep records of all employees of the Association
• Shall be a principle signatory to the project accounts
• Mobilize resources for the Association
• Shall be in charge with implementation of the project policies
• Carry out any other duties assigned to him/ her by the Board

8.3 THE BOARD
The board shall;
• Formulate policies and programs for the Association
• Monitor activities of A4R
• Plan and Budget for A4R
• Discipline any members found breaking this constitution

8.4 GENERAL SECRETARY/FUNDS CUSTODIAN
• Shall be secretary to the Board meeting/General Assembly
• Shall call meetings
• Shall be in consultation with the Board chairman
• Shall keep an up date of register of the members of A4R
• Shall be signatory to the project account

8.5 THE TREASURER
• Shall be responsible for the safe custody of financial records/ the monies received by the board
• Record all financial transactions of the Association
• Shall be signatory to the account
• Present books/ audited reports to the executive committee/ general assembly
• Shall be supervisor(s) of all projects
• Keep the stamp and seal of Association

8.6 SECRETARY
• Publicize the Association
• Develop materials intended to publicize the Association
• Shall be spokes person of the Association
• Shall be a member to the board
• Mobilize resources for the Association

8.7 PROGRAM COORDINATOR
• Shall be the overall coordinator of the project activities
• Shall perform duties if the Chairman) in the case of his/her absence
• He/she is a member of executive committee
• Shall preside over the meeting in the absence of the Board chairman
• Shall carry out any other activities as signed by the President General/ the board of directors

8.8 PROJECT (S) MANAGER
• Shall be in charge a designated project being responsible for administering, implementing and achieving project objectives and shall be answerable to president General
• Shall be custodian of the project under him/ her
• Shall prepare the projects periodic reports and present them to the executive coordinator
• Shall keep or cause to keep all the financial accounts of the designated project
• Mobilize resources for the project
• Shall hire labourers on the directive of the coordinator

8.9 BOARD MEMBERS
• Shall attend executive meetings
• Shall perform any other duties as assigned by the board chairman

ARTICLE 9:
RIGHTS AND OBLIGATIONS
9.1 All members shall be entitled to participate in the activities and programs of AYIPDU
9.2 Only ordinary members shall be eligible to vote
9.3 Ordinary members shall before being registered as full members, under category (i) pay membership fee
9.4 Every member shall be obliged behave and conduct himself in a decent and Godly way
9.5 All members shall be allowed to use project assets at a concession rate.

ARTICLE 10:
TERMINATION OF MEMBERSHIP

Any members shall cause to be such in any or all of the following circumstances
10.1 If he resigns his/he membership by writing under his hand to KIFA Board, subject to acceptance.
10.2 In case of a executive member such designation shall be granted by the general assembly
If he/she is found to be or adjudged of unsound mind Acting contrary to the objectives of the Association or other wise as desired by the executive
10.3 If he/she dies
10.4 If is found guilt of a criminal offence by the court of law
10.5 If he/she is in Uganda and has not paid subscription for two consecutive years.

ARTICLE 11:
ADMINISTRATION

11.1 There shall be a board of directors, which shall be chaired by the Chairman who shall be head of the board; board shall elect the Chairman. The executive committee members shall comprise of the following office bearer;
- Chairman
- Co-ordinator
- Administrative
- Accountant/Treasurer
- Project (s) Manager
11.2 The executive committee shall be principle organ of the Association and shall be responsible for governing, conducting and administering the affairs of Association in all matters pertaining to its running/ operation.
11.3 In particular and without derogation form the generality of immediately proceeding provisions, the committee shall have power interlaid to;
i. Appoint, discipline, transfer and terminate any duties for any member or employee of the Association for the good of the Association
ii. Create and re-organise administrative and other posts necessary for the proper running of the Association
iii. Formulate, issue and enforce any rules and regulations of the Association for the better carrying out of the provisions of this article
iv. Administer the proper use of finances of the Association, enter into, negotiate or approve any agreement, memos, loans/grants, mortgages, charge or pledge and to deliberate, decide or approve any projects to be undertaken by the Association The committee may delegate any of its functional and power here in specifically or generally to the executive or any other committee or sub-committee there of;

ARTICLE 12:
ADMINISTRATION STRUCTURE


ARTICLE 13:
TENURE OF OFFICE
13.1 All elections shall always take place in December
13.2 The tenure of office of the executive directors shall be 2 years from the date of appointment
13.3 The executive board may be re-elected
13.4 Any member of A4R executive board may at any time in writing to the board secretary resign his office and the board must accept it. However, if it is the board secretary resigning He tenors it to the board Chairman.
Provided that where any executive member dies or resigns his/her post in writing to the board, the board shall direct that within thirty days on the date determined there too.

ARTICLE 14:
SOURCE OF FUNDS
14.1 Subscription fee from members
14.2 The board may from time to time change the amount of money to be paid in case of subscription/membership fee
14.3 Donation that may be from; members or Non-members.
14.4 Loans, grants, material and other credit facilities from the Government or other person(s) and Donor organisations.
14.5 All the money that may become payable to A4R through sale or hire of its property or in the discharge of its functions/services like projects
14.6 All the money received by shall be credited to A4R account in bank approved by the board as it may be agreed
14.7 Such money shall be allocated according to the objectives of the Association and to the approved budget against the work plan and shall be applied only to the purposes for which A4R is here by established or any other purposes authorised here in this constitution.
14.8 Signatories shall be required for any fund spent in the name of other title A4R these shall be;

14.8.1 The chairman of the board of directors who shall be the principle signatory without whose signature no withdrawal of funds in the name of A4R shall be honoured and any one else who may be;
14.8.2 The treasurer
14.8.3 The finance secretary may have petty cash within the budget the amount of which shall be approved by the executive board
14.8.4 All payments undertaken in the names and other title of A4R shall be cheque/ bank daft.

ARTICLE 15:
BENEFITS AND AWARDS
15.1 Ordinary members shall be allowed to use the Association assets at a concession rate
15.2 Members of the Association are entitled to participate in its activities and programmes
15.3 Any member who is employed in any project of A4R shall be considered a worker and shall receive a package as prescribed by the Association administration
15.4 The Association may consider giving assistance to a member of the board bereaved and or his next kin in case of accident, death among others
15.5 Any member who choose a useful and recognised service to the Association may be award and or rewarded by Association

ARTICLE 16:
AUDITING
16.1 All books of accounts of A4R shall be audited yearly where year means calendar year.
16.2 Such auditing shall be done by project auditor approved by the board
16.3 Annual audit shall be presented to the board yearly

ARTICLE 17:
LEGAL ADVISOR
17.1 Shall be appointed at the board meeting a legal advisor
17.2 Such advisor shall be a person of integrity and distinguished career in legal affairs
17.3 He shall participate as ex-official in all activities of A4R
17.4 Such a person shall be mature with sound mind and testimonies

ARTICLE 18:
ADVISORY BOARD
18.1 There shall be an advisory board of not more than two (2) members
18.2 Such person shall be a Adult with sound testimonies
18.3 They shall advise A4R on project and policy affairs

ARTICLE 19:
DISSOLUTION OF THE ASSOCIATION
19.1 A4R shall be dissolved upon a resolution to that effect carried out by sixty percent of the fully registered members of the Association
19.2 Upon dissolution all the assets and properties shall be liquidated and all creditors paid and the remains shall be given to any other Association with similar objectives
19.3 A4R shall be dissolved as decided in legal court of law

ARTICLE 20:
MEETINGS
They shall be held four times annually;
20.1 General meetings of the members of the Association, all members shall be entitled to attend including the Association’s members
20.2 At least 14 days of notice is required for all meetings and as such notice shall specify the date, time and place of the meeting provided that such period may be shortened incase of Extra- ordinary meeting and any other meeting where the committee directs
20.3 Such meetings shall be to discuss the future plan of the Association. In any case the Association finds crucial needs to hold any meetings apart from general meetings shall be called an extra ordinary meeting.

THE EXECUTIVE COMMITTEE MEETINGS;
This shall consist of all members in article 8 and the departmental heads and such members elected, as representative deemed necessary
The chairman shall preside at all Executive committee meetings. The quorum shall be realised by 2/3 of all the members of the committee, the committee shall have such powers and such things as the committee find fit.
Voting shall be by secret ballot and all members have right to vote and subject to the provision of these rules, any resolutions may be passed by majority of members present, and in the event of an equality of votes the chairman of the meeting shall have a casting vote.
The executive committee shall hold regular meetings.

PROCEEDING AT GENERAL MEETING
a) Except at extra- ordinary meetings, all business shall be deemed special, for instance consideration of Accounts, Balance sheet, Report of Auditor, and Election of committee members extrav b) No business shall be translated at any general meeting unless there is a quorum of 2/3 of the total membership.

ARTICLE 21:
VOTE OF MEMBERS
21.1 In case of an equality of votes, whether on a show hand or on pool, the chairman of the meeting at which the pool is taken, shall have a casting vote
21.2 The chairman of the committee shall preside over any meeting convened whether extra ordinary or annual general meeting
21.3 Any members in good standing present at any meeting of the Association shall be entitled to one vote only and not votes by proxy shall be allowed at any meeting of the Association
21.4 If for any meeting to be convened as will have been indicated, the quorum is not realised, the meeting will be adjourned to a period of not less than two weeks
21.5 Subject to provisions of the Act, resolution in writing signed by all members fro the time being entitled to receive notices of the and attend vote at general meetings, shall be as valid and effective as if the same had been passed at general meetings of the Association duly convened and held

ARTICLE 22:
PROVISION ON PURPOSE FOR WHICH THE FUNDS(ASSOCIATION) ARE TO BE UTILISED
22.1 Youth mobilisation and training
a) Mobilization, identification, and registration of the target youth groups
b) Youth vocation Training to include;
- Metal work, Carpentry and joinery skills
- Computer training
- Organic commercial agriculture and farming
- Disaster management
- Any other field deemed fit by the Board.
22.2 Members welfare programs to include;
- Medical care and treatment
- General education including HIV/AIDS awareness
- Seminars and workshops on youth links/ sharing programs
- Girl child/ Aids orphans basic projects education (fees and scholastic materials)
22.3 Projects for income generating for self- sustenance and the Association programs
- Consultancy services
- Metal work and Carpentry
- Agriculture and farming
22.4 Association’s management and administrative programs to include;
- Office rent, furniture, Equipments and welfare
- Management training programs
- Transport/ subsistence
- Labour/ salaries and wages
- Other miscellaneous

ARTICLE 23:
CODE OF CONDUCT
Any person whatsoever holding position of authority or leadership whose conduct or dealings after thorough investigation by the committee shall be found to be not in accordance with the conditions of membership laid down shall be removed from such position by the committee, other appropriate authority and necessary steps taken for replacement

ARTICLE 24:
AMENDMENT
Any amendment to this constitution shall be proposed by 2/3 majority of the executive committee and if such proposal is approved and ratified the majority of the entire committee, such amendment shall become effective

ARTICLE 25:
BY-LAW
The executive committee shall be at liberty to make necessary byelaw for the smooth running of the Association

ARTICLE 26: THE SEAL
The seal of the Association shall be in the custody of the secretary

ARTICLE 27:
THE OATH
We the several persons whose names, address and descriptions appear here and whose common seals are affixed, have resolved to be formed into an Association in pursuance of this present constitution.

NAME DESIGNATION SIEAL 1. 2. 3. 4. 5. 6. Dated at FORT PORTAL this day………………….. of……………………………..2009 WITNESSED TO THE ABOVE SIGNATURE; NAME……………………………………….. POSAL ADDRESS………………………….. OCCUPATION………………………………. SIGNATURE………………………………….