About Us

Constitution

Constitution of Potchefstroom animal welfare society

Objections

Income and property

Membership and general meetings

Management

Powers of organization

Meetings and procedures of the committee

Annual general meetings

Finances

Changes to the constitution

Dissolution / winding-up

1. Constitution of Potchefstroom animal welfare society

1.1 the organisation hereby constituted will be called the Potchefstroom Animal Welfare Society
1.2 it's shortened name will be (PAWS) here in after referred as the organisation
1.3 Body corporate
1.3.1 exists in its own right, separately from its members.
1.3.2 continue to exist even when its membership changes and there are different office bearers.
1.3.3 be able to own property and other possessions
1.3.4 be able to sue and be sued in its own capacity.

2. OBJECTIONS

2.1 The main object is to prevent cruelty and the ill treatment of animals by promoting their good treatment by man;
2.2 The organisation's secondary objectives are to initiate and educate the community regarding humane treatment and compassion of animals.
2.3 To encourage kindness and consideration towards animals, including the establishment and promotion of Junior Movements;
2.4 To maintain and protect animal and bird life in their natural habitats;
2.5 To undertake pound functions for both small and livestock;
2.6 To rehabilitate and rehome;

3. INCOME AND PROPERTY

3.1 The organisation will keep record of everything it owns.
3.2 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 the members/bearers for work done by them for the organisation. Payment must be a reasonable amount for the work done.
3.3 A member of the organisation can only get money back from the organisation for expenses that he or she have been paid for or on behalf of the organisation.
3.4 Members or office bearers of the organisation do not have, right over things that belong to the organisation.
3.5 The Management Committee shall cause proper books to be kept in which a true and satisfactory account of all transactions shall be recorded
3.6 A receipt shall be given for all monies received and they shall be deposited to the credit of the organisation in a banking account.
3.7 The management Committee shall ensure that the audited financial statements are submitted, when required to the Tlokwe Municipality by no later than the last day of July of each year.

4. MEMBERSHIP AND GENERAL MEETINGS

4.1 Membership shall be open to all persons provided that the Management Committee may, at its discretion, refuse membership to any person whose membership it considers undesirable. The management committee has the right to refuse.
4.2 The management committee must determine if such entity supports the objects of the organization.
4.3 Members of the organisation must attend its annual general meeting. At the annual general meeting members exercise their rights to determine the policy of the organization.
4.4 The following shall be the classes of Membership:
(a) Ordinary Members:
ie. Persons who subscribe the annual amount fixed from time to time by the Management Committee.
(b) Junior Members:
ie. Persons under the age of eighteen years who subscribe the annual amount fixed from time to time by the Management Committee.
(c) Life Members:
ie. Persons who subscribe a single sum of money fixed from time to time by a General Meeting of the Organization.
(d) Honorary Life Members:
ie. Persons appointed by the Management Committee for services to the Organization or to animals, which, in the opinion of the Management Committee, merit such recognition. No subscription fees are required to pay.
(e) corporate Members:
ie. Companies, firms, or other bodies which subscribe an annual amount to be determined in a general meeting.
4.5 All subscriptions shall become due on 1 April in any year, and shall be regarded as being in arrear if they are not paid within three months of that date. The membership list shall be closed twenty-one (21) days prior to the Annual General Meeting, and shall be re-opened after the Annual General Meeting:
4.6 All classes of natural members, except junior members, shall be entitled to attend, annual general meetings of the Organization, and shall be eligible for election as officers or members of the Management Committee, provided that they are in good standing with the Organization, can positively contribute and be actively involved in fundraising
4.7 Paid employees of the Organization shall be eligible for membership of the Organization with the right to speak but not to vote.
4.8 No member of management shall have a direct interest in or benefit from any contract which the management may conclude. This includes being engaged to provide services to the Nonprofit organisation for which the member is compensated.
4.9 A member shall cease to be a member immediately
4.9.1 in the case of a natural person on such member's death or
4.9.2 in the case of an entity other than a natural person, when the entity is wound up for any reason or
4.9.3 if such member tenders written notice of his resignation as a member or
4.9.4 if such member is found guilty of any criminal act or
4.9.5 if such member becomes a lunatic or of unsound mind.
4.10 A member who lost his or her membership and benefits may appeal:
4.10.1 The appeal must be in writing
4.10.2 The appeal must be directed to the chairperson
4.10.3 The appeal must be heard within 14 days
4.10.4 The appeal is an internal activity of the organization. No external person or non-members may attend or participate in the appeal.
4.10.5 The decision of the chairperson is final.
4.11 If a member is an entity other than a natural person, the member will be presented by one representative as delegated by the member's management.

5. MANAGEMENT

5.1 A management committee will manage the organization. The management committee will be made up of not less than 5 (five) members. They are the office bearers of the organization and named as follows:
5.1.1 Chairperson
5.1.2 Vice-person
5.1.3 Secretary
5.1.4 Treasurer
5.1.5 Operations Officer
5.2 Office bearers will serve for 2 (two) years but they can stand for re-election for another term in office after that, depending on what kind of services they give to the organization.
5.3 If the member of the management committee is absent without leave for three consecutive management committee meetings, she/he will be replaced with a new member by the management committee. Leave of absence may be granted on request to any memlber thereof by the Management Committee for a period not exceeding three months.
5.4 The management committee will meet at least once a month.
5.4.1 a Quorum is constituted when more than 50% of the members are present.
5.4.2 If a quorum is not constituted, the meeting must be postponed by 7 days at the same time and venue. A quorum is constituted of the members present 30 minutes after the start time of the meeting.
5.5 Minutes will be taken at every meeting to record the management committee's decisions. Minutes will be made available to management committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the manaqement committee, and shall thereafter be siqned by the chairperson.
5.6 All members of the organization have to abide by decisions that are taken by the Management Commiittee.
5.7 The management committee shall meet at least ten (10) times during each calendar year on specified dates at intervals of not more than three months. The minutes of each meeting shall be given to Management Committee members two weeks before the next meeting.
5.8 The office of the Chairman may not be held by the same person for more than four(4) consecutive yearn, unless approved by the Board.

6. POWERS OF ORGANIZATION

6.1 The management committee has the power to acquire funds for the purpose of the Organization by means of subscriptions, by accepting donations, grants and bequests; and by lawful means and in accordance with the aims and objectives of the Organization;
6.2 The management committee has the power and the authority to conduct business transactions to achieve the objectives as stated in point 2.
6.3 The management committee has the power and authority to appoint staff and/or contractors to assist to achieve its objectives;
6.4 The management committee has the power to hire, buy, exchange or develop any property that it needs to achieves its objectives
6.5 The management committee has the right to make by-laws for proper management, including procedure for application, approval and termination of membership.
6.6 Management will decide on the powers and functions of the office bearers.
6.7 Office bearers and staff could not be held liable or responsible for any obligations or liabilities of the organization by virtue of their status as office bearers or staff.
6.8 If the organisation has funds that can be invested, the funds may only be invested with registered financial institutions.
6.9 The management committee determines the remuneration of auditors.

7. MEETINGS AND PROCEDURES OF THE COMMITTEE

7.1 The management committee must hold at least two ordinary meetings each year.
7.2 The chairperson, or two members of the committee, can call a special meeting if needed. A written notice and an agenda of the proposed meeting must be issued to the Management Committee members not less than 14 days before it is due to take place. If however, one of the agenda points is the appointment of a new management committee member, not less than 30 days notice is applicable.
7.3 The chairperson shall chair the management committee meeting. If the chairperson is absent, the vice chairperson who is present will choose which one of them will chair that meeting. This must be done before the meeting starts.
7.4 There shall be a quorum whenever such a meeting is held.
7.5 When necessary, the management committee will vote on issues. The chairperson does not vote, except when votes are equal on an issue, then the chairperson has a deciding vote.
7.6 Minutes of all meetings must be kept safely and always be on hand for members to consult.
7.7 The Secretary shall give to each member of the Management Committee not less than seven days notice in writing of all ordinary meetings of the Management Committee. These meetings shall be held at a public/neutral venue.
7.8 The Management Committee shall be empowered to appoint such sub-committees as it may consider necessary for the effective carrying out of its functions and may determine the powers and duties of such sub-committees. There must be at least three people in a sub-committee. The sub-committee must report back regularly to the management committee on its activities.
7.9 All committee members elected or co-opted onto a committee of a Organization must sign the Code of Conduct for committee members

8. ANNUAL GENERAL MEETINGS

Agree to the items to be discussed on the agenda
Sign the attendance register
Read and confirm the previous meeting's minutes with matters arising
Chairperson's report
Accounting officer's report
Changes to the constitution that members may want to rnake
Elect new office bearers
General
Closing

9. FINANCES

9.1 Any funds of the organization or donations received can only be utilized or invested for the purpose of reaching the objects as set in point 2.
9.2 An accounting officer shall be appointed by the Managing Committee. His or her duty is to audit and check on the finances of the organization.
9.3 The accounting officer's job is to control the day to day finances of the organization. The accounting officer shall arrange for all funds to be put into a bank account in the name of the organization. The accounting officer must also keep proper record of all the finances and assets.
9.4 Whenever funds am taken out of the bank account, the accounting officer and at least one (1) other member of the organization must sign the withdrawal or authorise the electronic transfer.
9.5 The financial year of the organization end on the last day of March each year.
9.6 The organization's accounting records and reports must be ready' and handed to the Director of Non profit Organizations within six (6) months after the financial year end.

10. CHANGES TO THE CONSTITUTION

10.1 The constitution can be changed by a resolution. The reso.ution has to be agreed upon and passed by not less than two thirds of the members who are at the annual meeting or special general meeting. Members must vote at this meeting to change the resolution.
10.2 Two thirds of the members shall be present at a meeting (the quorum) before a decision to change the constitution is taken. Any annual general meeting may vote upon such a notion.
10.3 A written notice must go out not less than fourteen (14) days before the meetings at which the chances to the constitution are going to be proposed. The notice must indicate the proposed changes to the constitution that will be discussed at this meeting.
10.4 No amendments may be made which would have the effect of causing the organization cease to exist.

11. DISSOLUTION / WINDING-UP

11.1 The Organization may be dissolved if at least two-thirds of the members present and voting at a general meeting of members convened for the purpose of considering such matter are in favour of dissolution.
11.2 If, upon winding up or dissolution of the Organization and after satisfaction of all its debts and liabilities, there remain any assets whatsoever, then such assets shall not be paid to or distributed among the members of the Orqanization but shall be paid or transferred to an Organization registered to take its place and continue the objects of prevention of animal cruelty and to be used for 1he welfare of animals where most needed. In short, it should be given in some way to another non profit organization that has similar objectives.

The organization's general meetings can decide what organization this should be.