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CONSTITUTION for the MARGATE STATION
SOUTHBROOM COMMUNITY POLICING FORUM
NAME
The name of the structure shall be the SOUTHBROOM COMMUNITY
POLICING FORUM (herein after referred to as the Forum)
AIMS AND OBJECTIVES
The Forum shall:
-
Establish and
maintain a partnership between the Police and the Community.
-
Jointly
identify, prioritise and solve problems related to crime, public disorder,
fears, poor Police community relations and service delivery.
-
Promote Police
community relations by addressing factors that are causing dysfunctional
perceptions and attitudes, such as corruption and poor quality of service
that the Police may be rendering.
-
Promote communication between the Police and the local
community.
-
Develop ways and means to promote Police
accountability.
-
Encourage and
promote objective and fair media coverage of Policing activities.
-
Promote respect
for Human Rights within the ranks of the Police and the community.
-
Negotiate and co-operate with any other institution at
local level, in promoting the interests of the SAPS and its members.
-
Promote co-operation with business and all other
organised interest groups in its area, and encourage joint action in issues
of mutual concern.
-
Evaluate
visible Policing which includes:
-
the
procurement, positioning and staffing of Police stations
-
the receiving
and processing of complaints and charges
-
the provision
of protection services at gatherings
-
the patrolling
of residential and business areas
-
the prosecution
of offenders
-
Develop mutual understanding on a cross-cultural level.
-
Propagate a change in attitude within the community.
-
Promote co-operation between the South African Police
Service and the fulfilment of the needs of the local community in general
and regarding Policing.
MEMBERSHIP
-
Membership of
the Forum shall be open to all members of the community including residents,
home-owners or ratepayers, and those working within the area of SOUTHBROOM
and shall be non-racist, non-sexist and there shall be no discrimination
whatsoever against any person
-
These members
shall be voluntary and representative of all people being served by the
MARGATE Police Station and local interest groups (organisations).
-
In terms of section 19(3) of the South African Police
Service Act, 1995 (Act No 68 of 1995) the station commander and members
designated by the station commander from time to time for that purpose,
shall be members of the Community Policing Forum.
-
No membership
fees shall be payable.
DUTIES AND
FUNCTIONS OF MEMBERS
-
The duties and functions of the members of the Forum
shall be:
-
To perform such
functions as may be necessary to realise the aims and objectives mentioned
in paragraph 2 herein above.
-
To encourage
every member of the community and the police to take part in activities of
the Forum.
-
To give input
for formulation of Policing Policies, needs and priorities.
-
To support the
Provincial and National Policing Objectives and Priorities.
-
To improve
delivery of Police service to the community.
-
To strengthen the partnership between the community and
the Police.
-
To promote
joint problem identification and problem solving.
-
To ensure
Police accountability and transparency.
-
To ensure consultation and proper communication between
the Police and the community.
MANAGEMENT OF THE
FORUM
The Forum is
managed by a Management Committee which will be elected at Annual General
Meetings and be comprised as follows:
-
A chairperson,
who may not be a member of the SAPS.
-
A
vice-chairperson who may be a member of the SAPS.
-
A secretary, who
may be a member of the SAPS.
-
A treasurer, who
may be a member of the SAPS.
-
A minimum of
three additional members.
-
The station commander or acting station commander or
his / her delegate.
-
The director or acting director or his / her delegate
of the Protection Services.
If an office bearer
of the Management Committee is absent without valid apology from meeting for a
period of three (3) consecutive meetings, his / her seat can be declared vacant
by the Forum concerned. If an office bearer of the Management Committee does not
attend more than 70% of the scheduled meetings during his / her year of service,
he / she will automatically become ineligible for re-election.
MEETINGS
Annual general meeting
An Annual General
Meeting, which is to be attended by the members of the Forum, Community and
other interest groups, will be convened annually after notice in writing is
given at least twenty one (21) days in advance by the secretary.
Annual General
Meetings shall:
-
Consider and
make proposals to the Area Board
-
Receive,
discuss and adopt the management committee's report on the work of the Forum
-
Discuss
and draft resolutions on local matters pertaining to overall policy
objectives of community policing
-
Elect the
Management Committee as set out in paragraph 5.1 herein above
Special general
meeting
-
The Forum may instruct the secretary to convene a
Special General Meeting to discuss and rule on special matters.
-
The secretary must on written request from at least ten
(10) members of the Forum of which at least 50% has to be non-office
bearers, convene a Special General Meeting to discuss and rule on issues
stated clearly by the members concerned.
-
Requests for a
Special General Meeting must reach the secretary at least one (1) month
prior to the envisaged meeting. The secretary will then notify members of
the Forum of such a meeting at least twenty-one (21) days in advance. Notice
of such a Special General Meeting will specify the purpose of the proposed
matters to be dealt with at the meeting and may include notices for
reviewing and revoking any of the resolutions passed at an Annual General
Meeting or at a Special General Meeting.
-
No resolution
or ruling mentioned in paragraph 6.2.3 can be reviewed or amended by such a
Special General Meeting unless total consensus is reached.
Meeting of the
forum
The Forum's General Meeting consisting of representatives
from the local community shall be held at least once a month and may:
-
Adopt campaigns
and programs for the Forum.
-
Receive and consider reports from the Management
Committee.
-
Consider and implement directives and feedback from the
Area Board.
-
Make submissions and give input to the Area Board.
-
Receive reports on the state of policing within the
area of the MARGATE POLICE STATION.
Management committee meeting
-
The Management
Committee of the Forum will convene at least every two (2) months, and more
often if necessary to discuss and rule on matters relating to the management
of the Forum.
-
All resolutions
at Management Committee Meetings are passed by means of consensus.
-
When the chairperson is absent for whatever reason from
a Management Committee Meeting, the vice-chairperson will chair the meeting.
QUORUM
Annual general
meeting and special general meeting
-
Fifty percent (50%) plus one of the members of the Forum plus the
Station Commander or his / her delegate shall constitute a quorum at such
meetings.
-
If a quorum is not present at the convening of a
scheduled meeting, the meeting will be adjourned.
Management
committee meetings
At least four (4) members of the Management Committee, including the
secretary and the chairperson or vice-chairperson, constitute a quorum at a
Management Committee Meeting.
MEETING
PROCEDURES
Annual general
meetings
The following procedure must be adhered to at an Annual
General Meeting:
-
Reading of the notice according to which the meeting
was convened.
-
Reading and
validation of the minutes of the previous Annual General Meetings and the
minutes of Special General Meetings if any such meetings were called since
the convening of the previous Annual General Meeting.
-
The discussion
of any issues arising from the minutes mentioned in clause 8.1.2.
-
Reading and consideration of the chairperson' s annual
report.
-
Election of the Management Committee of the Forum.
-
Discussion and consideration of issues put on the
agenda for deliberation of the Annual General Meeting as mentioned in
paragraph 6.1.2.
Meeting
procedures
-
Meetings shall
be conducted in terms of generally accepted procedures and practices
relating to meetings in general.
-
Silence should
be kept during meetings and members may not leave their seats without the
permission of the chairperson.
-
Members shall
obtain permission from the chairperson to speak, by putting their hand up.
-
Members should, at all times when they have the floor,
address the chairperson and irrelevant matters should not be discussed -
only subjects for consideration
-
When persons at the meetings are being addressed, the
formal form of address shall be used e.g. Mr, Mrs, etc.
-
When a member becomes guilty of poor conduct during the
meeting, it is the responsibility of the chairperson to excuse the guilty
person from the meeting.
-
No unnecessary disturbances will be tolerated, but a
representative may interrupt a speaker on a point of order.
-
With regard to a point of order, the chairperson will
make a final decision.
-
The agenda of the meeting may be amended by the
chairperson. Additions / omissions may be made.
DUTIES AND
POWERS OF THE MANAGEMENT COMMITTEE
The Management Committee of the Forum will, in executing
its managerial functions, have the following powers and duties:
-
To set up geographical sub-forums for the effective and
efficient managing of the Forum.
-
To appoint at
it's own discretion sub-committees and direct issues and allocate tasks to
these committees, and co-opt members of the Forum to serve on these bodies.
-
To maintain and supervise efficient control over
members and the administration of the Forum.
-
To accept,
investigate, consider and rule on grievances or hints received regarding the
activities of the Forum.
-
All the actions by the Management Committee or any of
its members, in bona fide performance of their duties, will be regarded as
if performed by the entire forum.
-
The Management Committee will on a day-to-day basis be
empowered to make necessary urgent rulings.
ELECTION OF OFFICE BEARERS
The election of all office bearers shall be done by a show of hands or
by means of a secret ballot at the Annual General Meeting.
DUTIES OF THE
CHAIRPERSON
-
Shall preside
over meetings of the Forum.
-
Shall liase
with the Area Board.
-
Shall present reports on the state of the Forum to the
general meetings.
-
Shall supervise
all work of the Forum in conformity with the constitution and rules of
procedures agreed upon by the Forum.
-
Shall report
regularly to the Area Board and Provincial Board.
DUTIES OF THE
SECRETARY
-
To take minutes
in accordance with the provision of this constitution.
-
To receive and
dispatch correspondence to and from the Forum.
-
To arrange all
meetings.
-
To safe keep
all official documents of the Forum.
-
To further the interests of the Forum as instructed by
the Executive Committee.
-
To perform all
duties usually associated with the office of the secretary.
-
The secretary is by virtue of his / her office, a
member of all committees and sub-committees of the Forum, whether such a
committee is temporary or permanent, elected or nominated.
DUTIES OF THE
TREASURER
-
Shall keep records of all financial matters /
transactions.
-
Shall handle
all funds received by the Community Police Forum.
-
Shall prepare a quarterly income and expenditure
statement.
-
Shall prepare an annual financial statement to be
submitted at the Annual General Meeting.
CODE OF CONDUCT
-
Members shall
at all times act in a manner that will uphold and promote the objectives and
principles of the Forum as established by the Forum's Constitution.
-
No member may
exploit their membership of the Forum to their own personal advantage.
-
Members shall
serve the Forum in an unbiased and objective manner.
-
No member shall
display racism, nor sexual, nor religious discrimination, nor use any form
of abuse to any other person.
-
Members shall not divulge to any other person, any
confidential or privileged information that they may have acquired as a
result of their membership of the Forum.
-
Members will
not address the media, or make public announcements, in matters connected to
the business of the Forum without the authority of the Forum's Management
Committee.
-
No members shall accept any payment, commission or
gratuity in connection with their membership of the Forum, except after
being authorized to do so by the Forum's Management Committee.
-
The Forum will
not be aligned to any political party and members shall not use their
membership to promote the aims and objectives of any political party.
-
Any member who is being prosecuted, or who is on bail,
after timeous notice of such a member, the Management Committee is to
determine the continued membership of such a member.
-
Any member who
has been convicted of a serious crime, shall be expelled from membership of
the Forum should the Management Committee decide that the member is no
longer a fit and proper person to be a member of the Forum.
-
In case of any breach of this Code of Conduct after
administrative process, the Management Committee may expel any member guilty
of such a breach should the Management Committee consider that the person is
no longer a fit and proper person to be a member of the Forum.
-
Any member, resident or working within the area of
SOUTHBROOM, who is absent from three consecutive Forum meetings, without
apology or good cause, may after administrative process be expelled from
membership by the Management Committee.
-
Any member, homeowner or ratepayer not resident or
working within the area of SOUTHBROOM, who is not represented by proxy and
is absent from three consecutive Forum meetings without apology or good
cause, may after administrative process be expelled from membership by the
Management Committee.
DISCIPLINARY PROCEDINGS
Fundamental principles
The objectives of
the disciplinary proceedings are to:
-
address instances of unacceptable conduct by members of
the Forum
-
effectively manage conflict in the Forum
-
ensure that before disciplinary steps are taken: a
member has a reasonable opportunity to state his/her case; and all
relevant circumstances are fully and objectively considered before a
decision is taken.
CLASSIFICATION
OF OFFENCES
Grave Offences
Any offences aimed at damaging the
integrity of the Forum and / or destroying its personnel or property, shall be
considered as grave offences.
A grave offence
shall be committed by a person who inter alia:
-
acts with
intention to destroy the integrity of the Forum, it's personnel or property;
-
sabotages the
activities of the Forum;
-
creates
divisions within it's ranks;
-
does any other
act calculated to undermine it's effectiveness as a Forum;
-
act for other
organisation(s) or groups hostile to the Forum's policy and principles;
-
act for any
group or person who wishes to destroy the Forum or prevent it from
fulfilling it's set aims and objectives.
Serious Offences
Any violation of
the principles of the Forum and standards of behaviour expected of members,
which seriously threatens the safety, property or good name of the organisation,
or which substantially impedes its good functioning, or which creates or is
calculated to create demoralisation amongst the members, shall be considered a
serious offence.
Such offences shall
include:
-
acting in a way that exposes members to serious
physical harm or death;
-
deliberately destroying the property of the
organization or recklessly exposing it to danger;
-
behaving dishonestly in relation to the property of the
organization;
-
careless passing on information that might be harmful
to the working of the Forum;
-
abusing office by using one's position to obtain
material or other undue advantage from members or others;
-
fighting or behaving in grossly disorderly and unruly
ways;
-
committing a serious crime defined by the Criminal
Justice System in South Africa
Schedule of penalties
-
Reprimand
-
Suspension
-
Expulsion
Disciplinary procedures
-
The Management
Committee of the Forum or any leadership organ from Area Board shall be the
adjudicating body in any disciplinary enquiry.
-
An accused in any disciplinary matter shall have the
rights to appeal to a superior organ than the one that heard the case.
-
An accused person shall not have the right to be
represented by a legally qualified person but may be assisted by any other
member of the Forum.
Disputes
Any dispute of
whatever nature, resulting from matters being dealt with by the Forum or from
meetings or from an interpretation of the Constitution, shall be referred to the
Umzimkulu South African Police Area Board for adjudication and final
determination of such dispute.
AMENDMENTS TO THE
CONSTITUTION
-
The constitution may only be amended at an Annual
General Meeting or a Special General Meeting called for that purpose.
-
Should a Special General Meeting be called to amend the
constitution, the rules pertaining to calling a Special General Meeting, as
set out in paragraph 7.1 and paragraph 8 above, will apply.
DISSOLUTION
The Forum shall
continue to exist for as long as it continues to serve its desired purpose.
The Forum may be
dissolved at an Annual General Meeting, or at a Special General Meeting called
for that purpose, should the majority of the Forum be in favour of such
dissolution.
In the event of the
dissolution of the Forum, it's assets will be disposed of as follows:
-
If the reason for dissolution is the establishment of
an alternative body that will continue the work of the Forum, then such a
body shall inherit the assets of the Forum.
-
If the reason
for dissolution is to form separate and similar Forums (for example, should
the office of the Umzimkulu Area Commission be split), then the assets of
the Forum shall be distributed pro-rata between the new Forums.
-
If the reason
for dissolution is outright cessation of the activities of the Forum, then
the assets shall be distributed equally to each of the Forums that shall be
in existence at that time. Should no Forums be in existence, the assets of
the Forum shall be distributed to a charity nominated by the Area
Commissioner, on condition that the beneficiaries of the charity are police
members and / or their dependants.
GENERAL
-
Headings used in this Constitution are not part of the
Constitution and are only for the benefit of order
-
Use of the male gender shall include the female gender
and incorporated bodies, unless otherwise specifically stated.
ADOPTION
This Constitution
of the MARGATE Police Station SOUTHBROOM Community Policing Forum was approved
and adopted at a Special General Meeting held on 28 December 2002.
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