BALA Constitution (DOCX - 27.1 ko)

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THE CONSTITUTION OF BOTSWANA ASSOCIATION OF LOCAL AUTHORITIES

(BALA)

ARTICLE 1: NAME

The name of the Association shall be Botswana Association of Local Authorities (BALA) hereinafter as the Association. The term Local Authorities shall have the meaning prescribe by the interpretation Act Cap 01:04

ARTICLE 2: ASSOCIATION

The Association is an Association not for gain registered under the Societies Act ARTICLE 3: REGISTERED OFFICE

The Association shall have its registered office in Gaborone in the Republic of Botswana ARTICLE 4: OBJECTIVES

The objectives for which the Association is established are:

a) To protect the interests of the Local Authorities in Botswana.

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b) To promote the interests and aspirations of the members and of any other affiliated bodies.

c) To undertake research and dissemination of information to the members and the public.

d) To liaise with the Central Government and other bodies so as to enhance capacity and efficiency within local Government.

e) To liaise, consult, identify and affiliate with other Local Government Associations localy , regionally and internationally.

f) To liaise, consult, identify and affiliate with other Organisations locally, regionally, and internationally.

g) To hold Conferences, workshops and seminars and such other forums for the benefit of the members and the general public.

h) To sensitise and lobby the Central Government on the aspirations and handicaps facing the members in their operations.

ARTICLE 5: MEMBRSHIP

The membership to the Association shall be compromised of:

a) All Councillors within the Republic of Botswana.

b) All District Councils , City Councillors , Town Councils and Township Authorities as established by Law in the Republic of Botswana.

c) All Chief Executive Officers of (b) above.

d) Any honorary members may be co-opted by the National Executive Committee ARTICLE 6: SUBSCRIPTIONS

a) Save for the Council each Branch member shall make a monthly subscription to be determined by the National Executive Committee and approved by the National Congress from time to time. Such to be deducted from the source.

b) Each Council shall make an annual subscription as may be determined from time to time by the National Executive Committee and approved by the National Congress.

c) Honorary Members shall pay a subscription to be determined by the National Executive Committee.

ARTICLE 7: STRUCTURE

A) The Association shall have the following structure

i. Branches equivalent to the number of Local Authorities as established by Law in Botswana.

ii. Regions National Congress B) BRANCH

i. Council

ii. All the Councillors of that Council iii. Chief Executive Officer of that Council.

C) BRANCH CONGRESS-There shall be Branch Congress compromising of:

i. Councils ii. All Councillors

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Chief Executive Officer

D) BRANCHE EXECUTIVE COMMITTEE-There shall be a Branch Executive Committee comprised of;

i. Branch Chairperson who shall be the Chairperson/Mayor of the Council.

ii. Branch Vice Chairperson shall be the Vice Chairperson or Deputy Mayor of That Council.

iii. Branch Secretary who shall be the person occupying the office of the Chief Executive of that Council

iv. Treasurer

v. Project and Fundraising officer vi. Publicity Secretary

vii. Two additional members E) REGION

There shall be established Regions whose number and composition shall be proposed by the National Executive Committee and approved by the National Congress.

F) REGIONAL CONGRESS

There shall be Regional Congress compromised of the following i. All Branches in that Region

ii. Branch Chairpersons iii. Branch Secretaries

iv. 10 delegates from each branch or any other number of delegates as may be determined under the regulations hereto.

G) REGIONAL EXECUTIVE COMMITEE

There shall be a Regional Executive Committee elected at the Regional Congress compromising of:

i. Regional Chairpersons ii. Regional Vice Chairperson iii. Regional Secretary

iv. Regional Vice Secretary v. Treasure

H) NATIONAL CONRESS

There shall be a National Congress, compromised of the following:

i. All the District Councils , City Councils , Town Councils and Townships Authorities represented by the Chairperson or Mayor as the case may be.

ii. Regional Chairpersons iii. Regional Secretaries iv. Branch Chairpersons v. Branch Secretaries

vi. Two delegates from each Branch and any other delegates as may be determined by the National Executive Committee

I) NATIONAL EXECUTIVE COMMITTEE

There shall be a National Committee to be elected at the National Congress compromised of the following:

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i. The President ii. The Vice President iii. Secretary General iv. Vice Secretary General

v. Treasurer

vi. Project and Fundraising officer vii. Publicity Secretary

viii. Two Additional Members ARTICLE 8: ELECTIONS

a) The Branch Congress, Regional Congress and National Congress shall elect independently an Executive Committee to run and manage its affairs.

b) At the National and Regional Congress once the President or Chairperson is elected, the Chief Executive Officer of the Branch where the President or Chairperson is a member shall automatically be elected the Secretary General and Regional Secretary respectively.

c) The provision of (b) above shall apply mutatis mutandis to the election of the Vice President and Regional Vice Chairperson/Mayor.

d) All office bearers shall hold office for a term of 2 years and are eligible for re-election.

e) All office bearers are delegates to all Congresses and shall have the same rights as other delegates.

f) At each level, elections shall be by secret ballot on the principle of one delegate one vote.

g) In the event of a tie, a re-voting for the tying candidates shall be conducted twice, and in the event of a tie at the third round , the winner shall be determined by the lot.

h) An officer to preside over the election shall be appointed by the Executive Committee at each level

ARTICLE 9: DUTIES OF OFFICE BEARERS A. The President

i. The President shall be the Chairperson of the National Executive Committee meetings and of the National Congress.

ii. The President shall be the spokesperson of the Association and Administrative Figurehead .

The President shall strive diligently to bring about the realisation of the objectives of the Association

B. The Vice President

i. The Vice President shall deputise and assist the President.

ii. The Vice President shall carry out all the functions and duties as may be allocated

C. The Secretary General shall;

i. Keep , have custody and manage the funds of the Association ii. In consultation with the Executive Committee open, maintain and

operate such bank accounts as are necessary and in conformity with normal accounting procedures, for proper management of the Association funds.

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iii. Keep all the relevant books of accounts and statements of the Association.

iv. Cause all the relevant books of accounts to be audited and such to be presented to the Annual Congress.

D. The Treasure shall:

i. Keep, have the custody and manage the funds of the Association.

ii. In consultation with the Executive Committee open, maintain and operate such bank accounts as are necessary and in conformity with normal accounting procedures, for proper management of the Association funds.

iii. Keep all the relevant books of accounts and statements of the Association.

iv. Cause all the relevant books of accounts to be audited and such to be presented to the Annual Congress.

E. The Project and fundraising officer shall:

i. Identify viable projects to be undertaken by the Association.

ii. Fundraise with the consent of the Executive Committee.

iii. On completion of any project and fund raising activity account and handover proceeds there from the Treasurer.

F. Publicity Secretary

i. The Publicity Secretary shall be the Public Relations Officer of the Association.

ii. Shall disseminate all the relevant information to the members and the public.

iii. Shall be responsible through the President and Secretary General for the research and dissemination of the information.

iv. Shall assist the Secretary General in the organisation and running of congresses.

v. Shall assist the Treasurer in ensuring the success of fund raising activities.

vi. Shall undertake all other duties as may be assigned.

G. For purposes of this constitution office bearers at Branch and Regional levels shall carry out functions similar to their counterparts at the National level.

ARTICLE 10; POWERS OF THE EXECUTIVE COMMITTEE

a) The Executive Committee shall take all such steps as it may deem necessary to carry out the decisions and policies of the Association and for that purpose it may:

i. Appoint such officer, as it may consider necessary for the expedient running of the affairs of the Association.

ii. Employ such professional services from time to time, as it may consider necessary.

iii. Fix the remuneration of such officers or such services

b) The Executive Committee shall represent the association or it may co-opt one of the members or any person to represent the views of the Association to the Government , Regional Bodies ,International and other Organisations

c) Make and review regulations, rule, bye-laws and standing orders and recommend them to the National Congress for approval.

d) Recommend the revocation or alteration of rules, bye-laws, standing orders and regulations to the provisions of this constitution to the National Congress.

ARTICLE 11: MEETINGS

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a) There shall be at least one Congress meeting annually at the Branch and Regional level respectively

b) The Executive Committee at the Branch and Regional level shall meet at least twice a year.

c) There shall be at least one National Congress each year to be called by the National Executive Committee

d) The National Executive Committee shall meet at least twice a year.

e) The Chairpersons shall at all levels have the right to call special meetings.

f) Extra ordinary meetings at all levels may be called by at least 2/3 of the members at that level.

ARTICLE 12: PROCEDURE AT MEETINGS

a) Notice of any meetings shall be at least 14 days save for those at the Branch level where this provision may be varied.

b) The quorum at any meeting shall be _ of the membership at that level

c) Only items on the Agenda shall be considered. Matters of an urgent nature may be considered if consented to by the 2/3 of the membership present at the meeting.

d) Minutes of the previous meetings shall be by either consensus or majority.

e) Resolutions at each meeting shall be by either consensus or majority.

f) In the event of a tie, the Chairperson of the meeting shall have a casting vote.

ARTICLE 13: INCOME

a) The income of the Association will accrue from subscription, grants from the Government and donation from organisations and individuals.

b) The Association shall undertake fund raising activities as may be desirable to ensure a healthy financial status

c) Such income shall distributed as determined by the Executive Committee and approved by Congress from time to time

ARTICLE 14: PROPERTY

i. The Association may purchase or otherwise acquire , hire or let land , building or other properties , movable and immovable , or sell , lease , mortgage , charge , dispose of , develop , build or improve any of the property of the Association.

ii. All property purchased or otherwise acquired by a Region or Branch shall be deemed to belong to the Association and shall be registered in the Association name.

iii. The National Executive Committee shall appoint a Board of trustees to take care of ,and manage all the properties and interests of the Association.

iv. The Board of Trustees shall be answered to the National Executive Committee.

ARTICLE 15: BORROWING POWERS

i. Only the National Executive Committee shall have the power to raise loans and incur overdraft facilities and encumber any property belonging to the Association.

ii. The aforesaid may be done on such terms and conditions as the National Executive Committee may deem expedient. Provide however, that the National Executive Committee shall not have the power to raise loans or incur overdraft facilities or encumber property beyond the value of one third of the net assets of the Association without the consent of the National Congress.

ARTICLE 16: LEGAL PERSONALITY

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The Association shall be a body corporate with perpetual succession and shall have the power to sue or to be to sued in its own name, and service of legal rules, be served upon and received by the Secretary General at the Association Headquarters.

ARTICLE 17: AMMENDMENT TO THE CONSTITUTION

a) No amendment shall be made to this constitution unless:

i. Such proposed amendment has been submitted to the National Executive Committee at least 90 days prior to the National Congress, and that the National Executive Committee shall then distribute the proposed amendment to all Branches at least 60 days prior to the National Congress.

ii. Such proposal is from the Branch, Region or the National Congress.

iii. Such proposal is agreed to or assented to by a 2/3 majority at the National Congress considering the proposal.

b) Amendments shall become applicable immediately on approval by the National Congress.

ARTICLE 18, WINDING UP

A. The association may wind up its affairs if:

i. It becomes clear that the objectives for which it was established are incapable of achievement

ii. A motion to this effect is carried at the National Congress by 2/3 of the delegates.

B. Upon passing a motion to windup the Association, all functions and activities of the Association shall cease immediately and:

i. The Secretary General shall in writing within twenty four hours notify the Master of the High Court of the Resolution winding up the Association.

ii. All assets of the association shall be liquidated and proceeds there from repatriated to the Ministry of Local Government or donated to charitable organizations identified at the time of resolving to wind up.

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BALA Constitution (DOCX - 27.1 ko)

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THE CONSTITUTION OF BOTSWANA ASSOCIATION OF LOCAL AUTHORITIES

(BALA)