TOGETHER AGAINST ABUSE
CONTACT: MEMORY PIETERSE
ADDRESS:
P.O
PHONE : 076 8813633 FAX: 039
681 3116
EMAIL: 277688136933@ vodamail.co.za
Draft Constitution
– 28.08.2006
Details of Organisation
Name :- Together Against Abuse
General
Together
Against Abuse consists of members from the public who have decided to take
action against the abuse of human rights.
For
the purpose of order and success, these members have agreed to form an organisation,
namely Together Against Abuse.
This is a Non Profit Organisation, which has rules and regulations that will govern its activities.Members of Together Against Abuse will also be governed by these rules and regulations.
This Constitution is the document that lays down these rules and regulations that govern the Organisation. A Constitution is agreed to and adopted by members of the Organisation. It can be changed from time to time according to the needs of the members, however, it must be noted that debatable and right procedures are to be followed to make such changes
Aims and objectives - Vision and
· Police the police – Establish who will monitor police actions, facilitate, negotiate etc.
·
“Cell Safe” – Lobby for funding of closed
circuit TV, separate prison cells and extra staff.
· LAW – We need legal assistance to allow cctv into the holding cells, as the theory of “Human Rights” and “Right to Privacy” is confused with the “Rights of Human Dignity”.
· Separation of suspected criminals into different holding cells according to the severity of the crimes (response of the police is that the detainees are suspects and not criminals, and that they are not allowed to differentiate between them. Yet should a hardened prisoner commit another crime whilst in prison, he is returned to the holding cells where suspected criminals, fresh off the street, are held whilst awaiting trial).
· Limiting the maximum time period a suspect may be held in a holding cell whilst awaiting transport by the police from one town to another when a matter from a different district needs to be finalized.
· Clear distinction should be kept between a holding cell (for suspects) and a jail cell (for prisoners found guilty of crime in law court)
· Separation of prisoners in jail cells according to the level of their crime, age, risks, etc.
· Victims Rights – Supportive environment, Health care, Counseling, compensation, etc.
· Funding
for evidence – DNA testing and others.
· Human Rights – international norms and standards
· Constitution - Caring officials, safe environment, adequate sanitation (one bucket on the floor shared between twenty detainees held in one cell is not hygienic) etc. Efficient correctional system.
· Establish responsibility and sue the Responsible Entity – in Constitutional and International Courts
· Agitate, educate and organize the public.
· Make the public aware of the potential danger to themselves.
· Force the powers that be into action.
· Draw constructive ideas from everyone.
· Organize and implement solutions.
· Sell the story to the media to raise funds to cover costs.
· Open a bank account for contributions to further the cause.
· Set up - NGO to lobby and support government
· Petition on the internet
· Petition in newspapers, magazines and on the street
· Web Site – + Links - Join Blogs, Chat Rooms – Raise funds.
· Database – Collect and collate other stories + info., evidence
· Co-operate with all levels of Government and Civil Society
· Secure finance for the installation of cctv and the monitoring of progress and success of this system.
· Set up support system for victims within the cells.
Important question to impress:
If the crime does not stop within the prison cell, when will it ever stop?
Issues – Against a
backdrop of :-
A Conspiracy of Silence – people are afraid, don’t
care, Numb ???
Socio Economic Crisis.
The legacy of Apartheid – Denial of education and development – no fair chance on MERIT.
Mistake – to not be friends and share the land.
Breakdown of Traditional Cultures and Values
Rampant violent crime, barbaric behaviour- savage, brutal. Creates fear
Moral Degeneration of society
Cost to economy ???
Incompetence – Corruption, lack of skills. – Wrong Person for the Wrong Job – Lack of Openness, Consultation and Transparency. Statistics are deliberately concealed
Government – Safety and security – What comment, solution given?
SAPS – denial, inefficient.
Correctional Services, a law unto themselves?
Prisoners rights = Human rights to protection. Separate prisoners, provide space, safety and dignity,
Health – Cost of dealing with mayhem. Not enough support for victims, Counseling
Social Services - Victims Rights – Supportive environment, Health care.
Membership:
Membership shall be open to any member of the public with similar concerns.
There exists a membership form to be completed, and information gathered from that will be recorded, and handled with strict confidence.
There is no compulsory membership fee payable.
Management
The Organisation shall be managed by the Executive Committee, with not less that 5 (five) members - i.e. Chairman; Secretary; Treasurer and 2 (two) additional members.
· Appointment of the responsible persons to manage the organization, for e.g. a Chairman; Treasurer; Secretary; etc, and any other persons that may have a specific task to do, will be made by general consensus of the members.
•• The terms of officer bearers shall be 1 (one) full year, however, they are eligible for re-election for another term in office.
Decision Making
· All major decisions will be made during meetings between at least three members and with the consensus of the chairperson.
· All matters discussed during meetings must be forwarded to the secretary to ensure that the necessary information reaches the members concerned.
· Due to the vast area this organization covers, this organization will use assistant chairpersons from different towns to work in conjunction with the chairperson and within the goals and capabilities of the organization.
· These assistant chairpersons would need to nominate and identify the members they would need to use to assist them with signing documentation on behalf of the organization, i.e. for recording and distribution of funds, services, appointments, etc.
· The treasurer would keep record of and identify members with signing power/mandates over the bank account. For example: for practical reasons, requiring less than 3 (three) signatories on the account.
· The powers and duties of the members are transferable to other designated members during a meeting where consensus is reached by at least three members, and at least three assistant chairpersons have to agree in writing that such change would be beneficial and in the best interest of the organization. The final decision has to be confirmed in writing as acceptable by either the treasurer or the chairman to the secretary .
· The appointment of a designated assistant secretary is required in each area which is served by an assistant chairperson in order to inform the secretary and all relevant parties (including the bank) when a signatory dies, etc; or when the Chairman, Treasurer or Secretary dies. The assistant secretary should inform when the person will be replaced and who will replace them.
Meetings
Main role is to create a channel of communication between all members and to represent them in some Social Forum Meetings.
To act as the focal point in developing the Organisation’s member’s interests.
Both formal and informal meetings will be called for when necessary by the chairpersons. Three members along with at least one assistant chairperson and an assistant secretary form a quorum If the quorum is present, the meeting can commence.
If the entire quorum is not present, we will allow the grace period of 30 (thirty) minutes.
If the quorum does not form, the meeting will be postponed until further notice.
Valid apologies to be addressed to the Secretary or Chairperson 12 (twelve) hours prior to the meeting.
Members of the Committee without any valid apologies for 2 (two) consecutive meetings will automatically forfeit their positions in the Executive Committee.
· It is the duty and responsibility of every member to honour and adhere to the set meeting’s
· The meetings will be held at any suitable venue
· Written notice of meetings to members with purpose, agenda details as to the time and place of meetings must be given.
Meeting Procedures
· The meetings of the Executive Committee, Monthly Meetings and the Annual General Meeting shall be conducted according to the General Procedural Norms of the meetings.
· The Executive Committee shall meet at least once every month.
· Annual General Meetings shall be held once every year.
General Purpose of Meetings
Share information.
Present financial details
Solve problems or make decisions.
Put forward resolutions to be handled.
Draw up and amend the organization’s Rules and Regulations.
Organize the organization’s advancement and on-going survivals.
Role Clarification and other
requirements at meetings
Debate is informal, constructive and not based on emotions.
Decisions taken are in the interest of the general members.
Every argument has at least 2 (two) sides.
All members have an equal right to vote and express opinion.
All members have equal rights, privileges, duties and responsibilities.
Majority rules (in terms of voting).
The Chairperson will be fair and responsible.
Motions must be constructive and logical order of precedence.
All proceedings are recorded so that all members know what has been transacted.
Majority and minority rights are protected.
The Secretary is responsible to forward the Agenda and Minutes to all members in accordance to its purpose.
Duties of Office Bearers :
Chairperson, shall
Conduct meetings procedurally;
Ensure that the organization functions accordingly;
Ensure that proper feedback is given to the members in either writing or in the form of a meeting.
Secretary, shall
Record minutes during the meeting of the organization and the Executive Committee meetings;
Keep all records of the organization in a safe place;
Notify all members of the organization about the meeting on time.
Treasurer, shall :-
Open the bank account, together with 2 (two) other Executive Members;
Be responsible for all financial withdrawals and deposits of the organization;
Update other members about the latest financial status of the organization every month.
Have borrowing powers on behalf of the organization and the power to approach the Bank and apply for a loan on the organization behalf. However, should the amount exceed R2000 (two thousand rand), consent will be required from at least three members to apply for a further amount.
All money matters relating to the organization will be handled with total transparency and available for scrutiny by the executive members at any reasonable time.
Disciplinary Proceedings:
Code of Conduct :
All members must have the same goal in mind as what the organization was formed for, namely to further human rights and uphold human dignity.
All members of the organization, including the Executive Committee, shall act and behave according to the Rules and Regulations of the organization.
The Executive Committee shall have the power to impose disciplinary measures on any member after an appropriate meeting has been held.
Disciplinary Action
Any member who does not comply with the Rules and Procedures/Regulations of the Organization will be dealt with accordingly by the Disciplinary Committee.
A Disciplinary Committee will consist of at least three members, and two assistant chairpersons.
Dissolution
· Upon the dissolution of the organization, all proceeds, assets and funds is to be donated to the SPCA.
Dissolution of the organization shall be decided at a formal General Meeting, and only if a 2/3 majority of the members present are in favour of such a decision for the organization to dissolve.
Tax year
Financial Year End 31 March
Amendment of the Constitution :
No amendment or addition to this Constitution shall be made, except by means of a vote in favour of such amendment(s) from a 2/3 majority of members present.
