Dear members we post herewith the Constitution of the Clydesdale Community Police Sub-Forum.
CONSTITUTION AND CODE OF CONDUCT
1. NAME & AREA
1.1. The name of this structure shall be the Clydesdale Community Police Sub-Forum (“Clydesdale CPF”), established as a community police sub-forum in terms of the provision of the South African Police Service Act and Regulations.
1.2. The area of jurisdiction of the Clydesdale CPF in the Greater Springs area and the place where the structure will operate shall be the whole of Edelweiss and Daggafontein in the Springs Police Station area in the magisterial district of Springs.
1.2.1. The area of jurisdiction of the Clydesdale CPF shall be divided in Zones, each with a Zone Commander.
1.2.2. The Executive Committee shall decide how the area shall be demarcated and may change, add or vary demarcated zones.
1.2.3. Street Committees may be formed within the area of a Zone Commander and may elect a street commander or chairperson. Such street committee and chairperson will report to the Zone Commander and other structures within the Clydesdale CPF.
2. OBJECTIVES
The objective of this structure shall be (in conjunction with the Springs Police Community Forum and other sub-forums falling under the area of the Springs Police Station):
2.1. establishing and maintaining a partnership between the community and the SA Police Service (the “Service”);
2.2. promoting communication between the Police Service and the community;
2.3. promoting co operation between the Service and the community in fulfilling the needs of the community regarding policing;
2.4. improving the rendering of police services to the community at national, provincial, area and local levels;
2.5. improving transparency in the Service and accountability of the Service to the community; and
2.6. promoting joint problem identification and problem solving by the Service and the community.
3. FUNCTIONS
3.1. The Clydesdale CPF, together with the Greater Springs Community Police Forum, the Sector Commander SAPS and the relevant operational Service members, will jointly identify the practices to be implemented by the role players to deal with crime in the sector (e.g. crime tendencies, hot spots, threats)
3.2. Identifying, together with the Service, the relevant crime prevention role players in the sector.
3.3. Coordinating all community crime prevention and crime combating initiatives within a sector.
3.4. Communicating successes and achievements to the community.
3.5. Monitoring the standards/status of service delivery in the sector.
3.6. Coordinating/assisting with projects/ programmes in the sector.
3.7. Sharing crime-related information with the relevant role players
4. CODE OF CONDUCT
4.1. Reference to one gender shall include the opposite gender.
4.2. This Code of Conduct shall be binding on all members of the Clydesdale CPF and related structures.
4.3. No person shall be permitted as a member or hold himself out as a member unless he complies with all the requirements, responsibilities and duties expected of a member.
4.4. The members of the Clydesdale CPF and associated structures as envisaged in the SA Police Act must at all times act within the framework of the law.
4.5. No member of Clydesdale CPF and associated structures shall display racism, sexism, religious or any other form of discrimination towards any member or any other person.
4.6. Members will be required to do patrols unless the Executive Committee has absolved a member from this duty on good cause shown. (Absence from home of the primary breadwinner, poor health and old age may inter alia be regarded as good cause.)
4.7. Members of the Clydesdale CPF and associated structures, during patrols or assisting the Police, shall not carry any illegal weapons that could inflict serious bodily harm and/or damage to property.
4.8. Members shall not use or display their firearms in an unlawful manner whilst acting as members of the Clydesdale CPF.
4.9. Members of the Clydesdale CPF and associated structures may not address the media without the authority of the structures of the Executive Committee.
4.10. Members of the Clydesdale CPF and associated structures may not use their membership to promote the aims and objectives of any political party.
4.11. Members of the Clydesdale CPF and associated structures may not exploit their membership of the structure for their personal advantage or benefit. Similarly:
4.11.1. no donation, benefit, service or utility provided by a member to the Clydesdale CPF shall make such member entitled to any privilege or remuneration or exempt him in any manner or form from his duties and obligations as a member;
4.11.2. any agreement or alleged agreement or understanding having such an effect as contemplated in this sub-paragraph shall be deemed null and void.
4.12. Members of the Clydesdale CPF and associated structures may not divulge, to any other person, any confidential or privileged information that they may have acquired as a result of membership of the structure.
4.13. Radios and security:
4.13.1. The whole concept of the Clydesdale CPF revolves around two-way radios (“radios”) and the use thereof. It is the cornerstone of the security and function of the Clydesdale CPF. Radio usage and radio frequency should never be compromised and shall be regarded as secret and confidential.
4.13.2. It shall be required of each member to obtain his own radio that is compatible with that used by members of the Clydesdale CPF and approved by the Executive Committee. The Executive Committee may even prescribe valid frequencies and codes for the use of members.
4.13.3. In the case of members who cannot afford to obtain their own radios, the Executive Committee may dispense with this requirement for that reason or on some other good cause shown.
4.13.4. It is the duty of each member to ensure total safety and security of his radio (and its frequency) and to prevent unauthorized use of his radio.
4.13.5. Radios should be kept out of reach of children as the use of radios by children may compromise the safety of other members in cases of emergency. Minor children of members may only use a radio under direct supervision of the member whose radio it is or in cases of emergency.
4.13.6. Each member binds himself irrevocably to ensure that his radio will be kept in a safe place and not be used by employees or other unauthorized personnel.
4.13.7. No employee or agent of a member shall be allowed to contact any member or structure of the Clydesdale CPF without direct supervision of the member or otherwise in circumstances of extreme urgency.
4.13.8. The use of foul or offensive language or sexual innuendo is strictly forbidden.
4.13.9. Due to the important function of radios, any breach of the Code of Conduct pertaining to radios in this Constitution shall be regarded as serious and gross misconduct and will, as a rule, lead to suspension or even expulsion from the Clydesdale CPF on that ground alone.
4.14. In case of any breach of this Code of Conduct, the Executive Committee may expel any member guilty of such a breach, after due process, should the Executive Committee consider the person to be no longer a fit and proper person to be a member of the structure.
4.15. Due to the possible compromises of security and security concerns of other members, any member who has been expelled from the Clydesdale CPF will be required to sell his radio (without any ancillary equipment) to the Clydesdale CPF at a market related price, or the price that he paid for it (whichever is the lesser), if it is, or had at any stage been programmed with the secret or confidential frequency or tones of the Clydesdale CPF. Each member binds himself and warrants irrevocably that he will not refuse to do so and understands that legal steps may be taken in this regard and that he will be liable for the full legal cost thereof on the scale as between attorney and own client. Furthermore, a certificate by the Chairman of the Clydesdale CPF what the market value of the radio is and that the radio is or had at any stage been programmed with the secret or confidential frequency or code (tone) of the CPF, shall be prima facie proof thereof.
5. MEMBERSHIP REQUIREMENTS AND UNDERTAKINGS
5.1. Membership is voluntary and no membership fee is payable.
5.2. A member must furnish the Clydedsdale CPF with a valid cell phone number and e-mail address, if he has any.
5.3. The Clydesdale CPF is not a security company and should be seen as complimenting the duties of a security company and the SAPS, not as a substitute thereof. Members will not hold the Clydesdale CPF or any member or member of the Executive Committee liable for any loss, damage or injury sustained by virtue of any alleged or real failure by the Clydesdale CPF or any of its structures to prevent such loss, damage or injury.
5.4. Each member furthermore agrees that he joins the Clydesdale CPF voluntary and completely at his own risk and that he will not hold the Clydesdale CPF, its members or committee members liable for any loss or damage or injury caused or inflicted from whatever nature whilst exercising his rights or complying with his duties and obligations as a member of the Clydesdale CPF.
5.5. When becoming a member of the Clydesdale CPF each member binds himself to the rules of the CPF and warrants and agrees that he will indemnify the CPF for any unlawful or wrongful actions committed by him in the execution of his rights, obligations and duties as a member of the CPF.
5.6. The Clydesdale CPF shall endeavour to establish a sms system and each member consent to receiving sms material that was approved by any member of the Executive Committee appointed for that purpose but members may request that their names be removed from the sms system.
5.7. All members of the Clydesdale CPF executive committee must:
5.7.1. be vetted;
5.7.2. not have a criminal record;
5.7.3. be above the age of 18;
5.7.4. have an irreproachable character;
5.7.5. be psychological and mentally stable;
5.8. The signature of a member and the reflection of his name on the list of membership of the Clydesdale CPF shall be prima facie proof of his membership and thus proof of his acceptance of the Constitution of the Clydesdale CPF.
6. COMPOSITION, POWERS AND FUNCTIONS OF THE EXECUTIVE COMMITTEE (EXCO) OF THE STRUCTURE
A. THE CHAIRPERSON
7. The chairperson at a public meeting is appointed by the conveners or is elected at the opening of the meeting.
8. When a chairperson is to be elected, an impartial person, preferably the secretary, must take the chair.
9. Nobody shall preside at his or her own election.
10. The chairperson must preside at each meeting.
11. If, for a specific reason, he or she cannot take the chair, the vice-chairperson must act on his or her behalf.
12. When both are absent, the members present elects an acting chairperson for the duration of the meeting from their own ranks.
13. The acting chairperson presides for the duration of the meeting. He or she need not vacate the chair if the chairperson or vice-chairperson arrives during the proceedings, but may do so as an act of courtesy.
14. The office of chairpersonship vests the person elected to the chair with honor, authority and responsibility of which he or she must be fully aware. It also binds him or her to absolute impartiality in all his or her actions.
15. It is the chairperson’s task to maintain order and to see to it that the business of the meeting is properly executed and that the will of the majority of the meeting in regard with any matter under discussion, is properly ascertained.
16. The chairperson is the guiding, controlling and arbitrary officer who must guard over and further the interests of the association.
17. The chairperson guides the meeting in such a manner that the will of the majority is properly expressed.
18. At the same time the chairperson must see to it that decisions taken are reconcilable and not in conflict with special or general mutual interest, both within and outside the association.
19. The chairperson must see to it that the meeting is properly assembled , i.e. duly constituted before he or she declares it open.
20. The chairperson must guard the rights of all members so that everyone and especially the minority group in particular, may feel that they have had a reasonable chance.
21. The chairperson rules and directs the turns of members to speak.
22. The chairperson convenes or causes a meeting to be convened. This duty usually rests on the secretary in co-operation with the chairperson. The relative constitutional provision must be observed.
23. The chairperson must ensure that his or her secretary submits to him or her, within a limited time after a concluded meeting, the minutes of that meeting for perusal. This step is necessary to ensure that the proceedings at the meeting are correctly recorded from notes made during the meetings and while the facts are still fresh in the memory.
24. The last duty of the chairperson in respect of the disposal of the minutes, is to sign and date it after it was submitted and approved at the next meeting.
B. THE DEPUTY CHAIRPERSON
25. Duties of the Deputy Chairperson
25.1. In the Chairperson's absence, the Deputy Chairperson shall assume all functions of the Chairperson.
25.2. In the absence of both the Chairperson and the Deputy Chairperson, the Executive Committee shall nominate one of their number to preside at the meeting.
C. SECRETARY (EXECUTIVE OFFICIAL)
26. When a secretary is elected or appointed, the most experienced and efficient member should be nominated but disposition and willingness to do the work should not be lost sight of.
27. The secretary is the executive official of the Clydesdale CPF and in liaison with the rest of the society. He or she deals with all household business between meetings and is encumbered with special duties in regard to meetings.
28. The duties of the secretary, apart from the duties prescribed by custom, are prescribed by this constitution.
29. The secretary must be well acquainted with the constitution of the Clydesdale CPF and fully aware of all decisions taken by previous meetings so that he or she may administer and manage the business of the Clydesdale CPF efficiently.
30. The secretary takes the chair when the chairperson actively partakes in a debate and when a chairperson is elected.
31. The secretary must be present at all meetings of the Clydesdale CPF, whether it is a general or committee meeting.
32. In order to handle administrative business efficiently he or she is charged with the documentation of all business of the association as well as the management, keeping and submission thereof when necessary.
33. The secretary must keep an up-to-date member’s register, according to prescription, with all currently available information.
34. When a separate treasurer is not appointed, the secretary must also deal with financial matters.
35. A deputy secretary may also be appointed and shall be regarded as a full member of the executive committee, provided that he or she was properly appointed as such and not just on a temporary basis. The deputy secretary shall perform all the functions of a secretary and his/her her job will be to assist the secretary with all the functions of a secretary.
36. Secretary’s responsibilities prior to a meeting
36.1. Obtaining of proposals, according to prescription of the constitution, for inclusion on the agenda of the next meeting.
36.2. The secretary compiles the agenda in co-operation with the chairperson.
36.3. The secretary notifies all members of the association of the meeting.
36.4. He or she sees to it that accommodation and all other amenities required to hold a meeting, is available.
36.5. The secretary must have all documents and other items available which may become necessary during a meeting.
37. Secretary’s duties during the meeting
37.1. together with the chairperson, see to it that a quorum is always present;
37.2. keep an attendance-roll according to prescription or custom;
37.3. keep careful record of the proceedings in order to compile the minutes;
37.4. keep the minutes and deals therewith according to prescription, between and during meetings;
37.5. read out the minutes, documents, reports, letters, etc. for information of the meetings;
37.6. assist the chairperson with advice and information regarding matters under discussion and requirements of the constitution;
37.7. provide for all facilities necessary to vote and personally assist thereat;
37.8. execute duties or instructions issued specially to him or her by the meeting of chairperson.
D. TREASURER
38. The Clydesdale CPF may raise funds in order to support or perform its activities.
39. The Clydesdale CPF must manage its financial affairs in accordance with generally acceptable accounting practices applicable in the Republic and an income and expenditure statement must be presented at each general meeting of the sub-Forum, sub-sub-Forum or board.
40. All financial records of the Clydesdale CPF must be audited by an independent auditor on an annual basis in the event that its income, from whatever sources exceed R60 000 per annum, otherwise a report by a independent and suitably qualified person shall suffice.
41. The Clydesdale CPF is non-profit, community-spirited body that performs its functions in order to achieve the objects, set out in section 18 of the Police Act 1995, in the interest of the communities in respect of which it was established and membership and participation in the activities of the Clydesdale CPF by any member of its community is voluntary and no member of the Clydesdale CPF is entitled to any remuneration on account of his or her membership or participation in the activities of the Clydesdale CPF.
42. The Clydesdale CPF may employ staff to run certain aspects of its functions. In such a case a written contract of service signed by at least two members of the Executive Committee must be entered into with the employee.
43. The Clydesdale CPF may not establish itself as a section 21 company.
44. The financial year of the Clydesdale CPF and board shall commence on 1 April of every year and shall end on 31 March of the next year.
45. Duties of the Treasurer
45.1. Be responsible for the finances of the Clydesdale CPF and ensure strict compliance with the Public Finance Management Act and other applicable legislation and policies.
45.2. Together with the Chairperson and at least one other member operate a banking account on behalf of the Clydesdale CPF.
45.3. Keep books of account and other records necessary to clearly reflect the financial position of the Clydesdale CPF, which should include assets belonging to the structure.
45.4. Table a financial report at every General Meeting, and an annual financial report and a budget at every AGM.
E. OTHER MEMBERS:
46. Any additional number of members, but not exceeding five, may be elected to the Executive Committee having regard to their special expertise, qualifications and skills.
F. SECTOR COMMANDERS:
47. Sector commanders are not ex officio members of the Executive Committee but may be invited by the chairperson (or in case of his absence the deputy chairperson) to attend meetings of the Executive Committee and when so invited shall have the right to participate in decision making and shall have a right to vote at the meetings provided that all sector commanders were invited to attend the meeting.
47.1. When exercising his discretion in terms hereof the chairperson shall invite all sector commanders.
47.2. When a sector commander is invited for a specific or limited purpose only then he may only attend as an observer or interested party and shall have no right to vote at the meeting.
48. QUORUM AT EXCO MEETINGS:
48.1. At least three members of the Executive Committee should be present at a meeting of the Executive Committee to form a quorum. The number of sector commanders present at the meeting shall be ignored in establishing whether a quorum is present as they are not ex officio members of the executive committee.
48.2. A quorum must be present for the duration of the meeting and during the discussion of every item of business. When members leave the meeting or have a personal interest in an item of business, proceedings should be stopped the moment a quorum ceases to exist.
49. THE ELECTION PROCEDURES FOR MEMBERS OF THE EXECUTIVE COMMITTEE
50. The Clydesdale CPF must:
50.1. take reasonable steps to make the date, time and venue of meetings known to the organisations, institutions and groups, referred to herein as well as to the general public in the relevant part of the station area when acting in terms of this paragraph;
50.2. explain to those attending the said meeting what the objects of the Clydesdale CPF are;
50.3. invite nominations for a reasonable number of persons to serve on any steering committee, together with the executive committee of the community police sub-forum concerned, to establish a sub-structure or sub-sub structure; and
50.4. determine a date, time and venue for an inaugural meeting.
51. THE TERMS OF OFFICE OF MEMBERS OF THE EXECUTIVE COMMITTEE
52. The term of office of the office bearers (including sector commanders) of the the Clydesdale CPF and any related structures shall be one (1) year. Office bearers may be re-elected.
53. BASIC MEETING PROCEDURES, INCLUDING: QUORUMS, ETC;
54. The quorum
54.1. A quorum shall be the minimum number of competent members of the Clydesdale CPF that must be present at a meeting to ensure the validity of the proceedings.
54.2. The number of competent members necessary to form a quorum shall be at least twenty.
54.3. A quorum must be a neutral group. Only persons who are competent to take part in the business of the meeting must be included when ascertaining if a quorum is present.
54.4. Members who have a personal interest in a matter may not vote with regard to that matter and must be excluded when ascertaining if a quorum is present. The same applies to those present who have no right to vote on business of the meeting.
54.5. A quorum must be present for the duration of the meeting and during the discussion of every item of business. When members leave the meeting or have a personal interest in an item of business, proceedings should be stopped the moment a quorum ceases to exist.
55. Opening of a meeting
56. Constituting a meeting is an act that takes place before business officially starts.
57. Constituting a meeting inter alia means that:
57.1. there must be a chairperson;
57.2. The chairperson must ensure that he or she rightfully occupies the chair.
57.3. the chairperson must peruse the notice to ascertain whether it is in accordance with the provisions of the constitution and that a chance to attend was given to each member who may rightfully attend such a meeting;
57.4. the secretary then reads the notice convening the meeting or it is accepted as read; [It is essential to make a specific note thereof in the minutes.]
57.5. the chairperson and secretary must ascertain whether a quorum is present;
57.6. An entry is made in the minutes [usually under the heading Apologies] of the number of members present. This is done in conjunction with an attendance roll signed by each member attending. This serves as proof that a quorum is present. If it is customary, the members are welcomed.
57.7. the agenda is then read or, if it was circulated beforehand, taken as read; [A note thereof should be made in the minutes. The chairperson then declares the meeting properly constituted and opened. The meeting then proceeds with its business in order of precedence on the agenda.]
58. Motions and resolutions
58.1. The subject for consideration, or a proposal, shall be known as a motion, and shall be the introduction to an exchange of views leading to a decision.
58.2. Requirements for a motion
58.2.1. The motion should be properly formulated and must embody a clear plan or solution for the situation.
58.2.2. It must begin with the word “That” (Afrikaans: “Dat”).
58.2.3. It is preferable that a motion should be made in writing and signed by the proposer.
58.2.4. The motion must be delivered to the secretary, for inclusion in the agenda, in good time before the scheduled date of the meeting.
58.2.5. Each motion must be seconded. If there is no seconder, it means that everyone except the proposer is against it and the motion is dropped.
58.3. Other information pertaining to a motion
58.3.1. When the subject is broached at the meeting, the member who gave notice thereof must propose it himself or herself. If this procedure is not followed, the motion is dropped. The meeting may however consent to, or the constitution may authorize that, someone else may propose the motion on behalf of the member.
58.3.2. Motions that were properly proposed and seconded, fall under the ruling of the meeting and may, even without discussion, only be withdrawn by the proposer with the permission of the meeting and the seconder.
58.3.3. A motion which has been withdrawn may be moved again at a subsequent meeting.
58.4. The debate
58.4.1. Only one motion may be discussed at a time.
58.4.2. Any member may speak in opposition to and vote against the motion.
58.4.3. A member may not propose a counter motion, i.e. a motion directly contrary to the main motion.
58.4.4. Any member may move an amendment to alter the proposed motion.
58.4.5. When discussing an amendment the original motion is temporarily set aside.
58.4.6. Every member will have only one turn to speak about each motion and only one turn to speak about any amendment.
58.5. Closure of the debate
58.5.1. The debate is closed when no one else wishes to speak on the motion and the proposer has exercised his or her right to reply.
OR
58.5.2. When one moves a motion that the debate be closed.
58.6. Vote on the motion
58.6.1. The decision of a meeting is ascertained by putting the motion to the vote.
58.6.2. The vote must be obtained both Afor@ and Aagainst@ the motion.
58.7. Resolution
58.7.1. After the vote was taken, the decision of the majority vote is regarded as the decision / resolution of the meeting.
58.7.2. Unless a resolution was taken under a misapprehension, unlawfully, irregularly or impractically it cannot be rescinded at the same meeting at which it was taken.
58.7.3. Unless the constitution provides otherwise, a resolution can only be rescinded at a subsequent meeting after proper notice thereof has been given.
58.8. Amendments
58.8.1. An amendment is a proposed alteration of the wording of a motion under discussion.
58.8.2. An amendment can be in any one of the following forms:
58.8.2.1. certain words appearing in the motion are deleted;
58.8.2.2. certain words are inserted in the motion;
58.8.2.3. certain words in the motion are substituted;
58.8.2.4. certain words are added to the motion; or
58.8.2.5. all the words in the motion after the word Athat@ can be omitted and substituted with other words dealing with the same subject.
58.8.3. The purpose of an amendment is to alter and not to change the concept of the original motion completely.
58.8.4. Matters already rejected may not be broached again by way of an amendment. The amendment must be related to the subject of the meeting and fall within the scope of the meeting as reflected in the purpose thereof in the notice.
58.8.5. The amendment must be formally proposed and seconded. It is desirable that it is done in writing and signed.
58.8.6. An amendment may only be proposed after the chairperson has declared a motion open for discussion and before it is put to the vote.
58.8.7. Any member who has not spoken on the original motion may move or second an amendment, but may only move or second one amendment on the motion.
58.8.8. When the proposer of an amendment cannot find a seconder, the amendment falls away.
58.8.9. An amendment may only be withdrawn by the mover thereof with the permission of the seconder and approval of the meeting.
58.8.10. When a motion on which an amendment was proposed is withdrawn properly, the amendment falls away automatically. If the proposed amendment is rejected the original motion remains unaltered. Further amendments may then be proposed.
58.8.11. The mover of an amendment has no right to reply, but the proposer of the original motion has the right to reply on an amendment to his or her motion before it is put to the vote.
58.8.12. The principle of only one subject for discussion at a time as mentioned in “motions” is also applicable to amendments. More than one amendment as well as an amendment on an amendment may be moved.
58.8.13. Each amendment must be discussed and voted on separately.
58.8.14. The last amendment is usually put to the vote first. The sequence may be changed to eliminate confusion.
58.8.15. After the meeting has allowed an amendment, it is embodied in the original motion.
58.8.16. The amended motion, also referred to as the substantive motion, is then put to the meeting for approval before it is declared open for discussion. The substantive motion is also subject to amendments.
58.9. Adjournment
58.9.1. The constitutional provisions regarding adjournment must be strictly adhered to.
58.9.2. The right to adjourn a meeting rests with the decision by the majority of the meeting.
58.9.3. The chairperson may adjourn the meeting himself or herself when:
58.9.3.1. the business of a meeting is disposed of;
58.9.3.2. the members are so disorderly that business cannot proceed; or
58.9.3.3. there is no quorum present during the meeting.
58.9.4. When a quorum is not present at the time when the meeting is due to begin, the members present may adjourn the meeting indefinitely or to a specific time and place.
58.9.5. After adjournment, whether to a definite date or not, notice must be given for the reconvening of the adjourned meeting.
58.9.6. A meeting at which a quorum is present may, on a proposal to adjourn, decide that the meeting will adjourn to a specific time and place. Notice of the continued meeting needs to be given and only unfinished business of the previous meeting may then be transacted.
59. HOW VOTING MUST TAKE PLACE AT MEETINGS
60. The decision of the meeting is ascertained by putting the motion under discussion to the vote. The chairperson may decide how the vote will be taken, but must act according to this constitution.
61. Before taking the vote the chairperson reads out the motion, which is to be put to the vote, clearly so that each member will know exactly on what the vote will be taken.
62. Members present at a meeting have the right to know the result of the poll.
63. The chairperson declares the result of the vote to the meeting and states the number of votes for and against the motion.
64. When a vote is one-sided, for or against a motion, it is declared as accepted or rejected unanimously.
65. When there is an absolute or great majority on one side, the result is declared as Aby a majority of votes@.
66. The secretary must enter the result fully and correctly in the minutes.
67. The following generally known methods of voting are allowed:
67.1. someone against the motion;
67.2. yes or no;
67.3. show of hands;
67.4. voting by division; and
67.5. secret vote.
68. Someone against the motion
68.1. When the chairperson is of the opinion that the meeting will vote unanimously he or she asks the meeting whether anyone is against the motion.
68.2. The chairperson gives the meeting opportunity to raise objections. If no objections are raised, the chairperson declares the motion to be accepted. If objections are raised, the chairperson must put the motion to a proper vote.
69. Yes or No:
69.1. Persons in favour of the motion are requested to answer aloud “Yes” and those against to answer “No”.
69.2. Everyone should answer simultaneously and according to the impression created by the greatest volume for Yes or No, the result is determined. If an objection is raised, the motion is put to the vote properly.
69.3. To ensure that no doubt may arise whether a member voted for or against a motion, three ways of voting by division exist by which a person can express his or her vote by means of physical action.
70. Show of hands:
70.1. This should be the most frequently used method. A request should be made to those in favour of the motion to raise their hands and thereafter those against the motion to raise their hands. The hands are then to be counted on both occasions and the result determined. The total number of hands raised must not be more than the number of voting members present.
70.2. If there are objections to the “Show of Hands”, a more formal voting method can be employed, namely “Voting by Division”.
71. Voting by division:
71.1. Each member is called upon to declare his or her vote, either for or against the motion. The vote is recorded by entering the member’s name and his or her choice of vote.
71.2. The attending members are asked to divide into two groups, one for and one against the motion.
71.3. The votes of each group are counted and the result declared accordingly.
71.4. The counting of votes must be absolutely correct and free of any possible suspicion.
71.5. The following methods may be employed:
71.5.1. the chairperson counts the votes personally;
71.5.2. the chairperson nominates one or more persons to count the vote; or
71.5.3. representatives of both sides count the votes in both groups.
71.6. By exercising his or her vote, a member casts such vote according to the best of his or her judgement and to the best advantage of his or her association.
71.7. If there should be any disagreement a secret vote can be held.
72. Secret vote:
72.1. A ballot paper is supplied to each person on which he or she must record his or her vote.
72.2. The procedure of such a poll will not be discussed in detail here, but the specific constitutional directives should be followed. It will suffice to state that there must be impartial officials present and that, no matter how the poll is conducted, it should be absolutely honest and faultless.
73. Vote of the chairperson:
73.1. When a poll is equally divided [also referred to as a tie of votes] it implies that the motion is rejected.
73.2. The chairperson has only his or her ordinary vote as a member. A casting vote is expressly conferred on the chairperson by the constitution. The chairperson cannot lay claim to it in any other way. The chairperson exercises his or her vote as follows:
73.3. the ordinary vote must be cast simultaneously with that of the meeting;
73.4. the casting vote is used only if a tie of votes occurs; and the use thereof is left to the sound judgement of the chairperson.
73.5. In his or her decision the chairperson must take into consideration the interest of the Clydesdale CPF. The chairperson is under no obligation to exercise his or her casting vote, if he or she has one. The chairperson may cast both his or her ordinary and casting vote on one side or separately on either side of the poll. The chairperson does not have a casting vote after a secret vote.
74. Point of order:
74.1. A point of order is a question raised to obtain the decision of the chairperson on an incident where an alleged deviation from the rules of order or other accepted procedural rules of meetings of the institution, occurs.
74.2. A point of order may be raised by any member, whether he or she has already partaken in the debate or not. The question can be put at any time, even while a member is speaking. It must immediately be disposed of before the debate may continue.
74.3. To put the question, leave to do so must be obtained from the chairperson by rising and attracting attention by clearly uttering the words “Mr / Mrs Chairperson on a point of order”. The member is entitled to be heard immediately and put his or her allegation by way of a question.
74.4. The chairperson must give his or her decision on the question immediately and the chairperson’s decision is final. The chairperson does not allow any form of discussion on his or her decision. The chairperson must be impartial in his or her decision, after a proper consideration whether a deviation from the rules of order or other procedural rules, has taken place.
74.5. Any of the following matters may be raised as a point of order:
74.6. use of objectionable language;
74.7. absence of a quorum;
74.8. a motion or an amendment is ultra vires;
74.9. the time allowed for a debate or a turn to speak has elapsed;
74.10. the stipulated time for the meeting to adjourn has arrived; or
74.11. any other form of irregularity
75. MINUTES OF ALL MEETINGS OF THE CLYDESDALE CPF INCLUDING MEETINGS OF ITS EXECUTIVE COMMITTEE MUST BE KEPT
76. Clydesdale CPF members bind themselves to abide by certain directives for behaviour as contained in the constitution.
77. During the existence of the Clydesdale CPF, the need may arise to create new rules of procedure or conduct or to amend or revoke rules. Members may then gather to take appropriate decisions which will then serve as guidelines for members of the institution. Decisions on routine matters are taken simultaneously.
78. Record of proceedings:
78.1. The permanence of these decisions is ensured by reducing it to writing and keeping it in book form as a source of future reference.
78.2. The proceedings of a meeting are for this purpose reduced to writing and is kept by the secretary. It is known as the minutes.
78.3. The secretary must ensure that he or she interprets the result of discussions correctly and formulates the decision taken properly. The chairperson must assist the secretary to ensure this correctness.
78.4. The pages of the book in which the minutes is kept must be numbered consecutively. If the loose leaf system of binding is used, the chairperson must also sign each page of the minutes. No part of the minutes may be removed or made illegible.
78.5. Appropriate steps must be taken to prevent unauthorised disclosure of the contents and to ensure the safekeeping of the minutes.
78.6. The minutes must be a concise and correct factual but impersonal and complete report of everything done at and resolutions passed by a meeting so that a wrong interpretation thereof and arguments thereon can be eluded.
78.7. It is a report of what was done and not what was said at a meeting.
78.8. If it is important, a separate report on a member=s speech may be compiled and attached to the minutes.
78.9. Motions and amendments whether it was submitted in writing or not, are recorded in the words used by the proposers (verbatim).
78.10. Each matter is numbered consecutively, is properly identified, briefly but fully described with reference to important aspects broached during discussion and is concluded with the final decision taken.
78.11. The minutes must be compiled immediately after a meeting. According to instruction or custom it is circulated among members, immediately after compilation or shortly before or at the next meeting. If it was not circulated beforehand, it is read at the next meeting.
79. Approval of minutes:
79.1. The minutes is submitted for approval at a subsequent ordinary meeting of the Clydesdale CPF and then confirmed with the signature of the chairperson. Thereafter it is deemed to be a true report of the proceedings of and is prima facie proof of what occurred at a meeting.
79.2. After the minutes has been read or taken as read, the chairperson asks for a proposal that it be approved as an exact record of the business of the previous meeting. If approval is proposed the exactness of the minutes but not the contents thereof, may be debated upon.
79.3. An allegation that a mistake was made when compiling the minutes is put and explained as an amendment (e.g. the meeting approved the purchase of an “Oxford dictionary” but only “dictionary” was recorded). Any alterations which may be decided upon, is made by the secretary and signed in the margin by the chairperson.
79.4. After all required alterations have been made, the chairperson again asks the meeting to approve the minutes.
79.5. After approval the chairperson signs and dates the minutes and then only may question be put on the contents, i.e. supplement to approved motions. It is disposed of by way of motion.
79.6. After signing no further amendments can be made to the minutes except on authority of a decision taken by a subsequent meeting after proper notice and consideration of the matter.
79.7. Index:
79.8. The following particulars must be included in the minutes:
79.8.1. The correct name of the Clydesdale CPF.
79.8.2. The nature of the meeting.
79.8.3. Date and time of commencement and adjournment of the meeting.
79.8.4. The place where the meeting is held.
79.8.5. Presence/ Absence of the chairperson and steps taken in that regard as well as the name of the person taking the chair.
79.8.6. Name of the secretary.
79.8.7. A note in terms of the provisions by constitution or custom to denote presence of members and to confirm the presence of a quorum.
79.8.8. The names and capacity of visitors or invited speakers.
79.8.9. Full notes on:
79.8.9.1. reading of the notice and action therewith;
79.8.9.2. reading of the agenda and any special action in regard thereto;
79.8.9.3. the minutes of the previous meeting and action in that respect.
79.8.9.4. The date and other satisfactory identification of documents before the meeting.
79.8.9.5. A report on each matter appearing on the agenda.
79.8.9.6. Full particulars of appointments, authority, duties, powers of officials, contracts, financial matters, authorised business and instructions issued.
79.8.9.7. Special record on request of a member, of his or her words, objection of explanations.
79.8.9.8. The result of polls.
70 HOW NOTICE OF MEETINGS (INCLUDING REGULAR, SPECIAL AND ANNUAL GENERAL MEETINGS) MUST BE GIVEN TO MEMBERS;
71 The Notice:
72 A meeting can only be lawfully convened by means of proper notice. Should the notice be improper, the meeting and the decisions taken may be declared null and void.
73 Notice must be given as prescribed by this constitution. It should be issued by the secretary or any other authorised person in terms hereof to each person entitled to attend the meeting.
74 This duty extends only to the issue of personal notice to a member entitled thereto at his or her address, e-mail address or cell number (by sms) as furnished to the the Clydesdale CPF. Responsibility to notify change of address or particulars referred to herein lies with the member.
79.9. The period of notice must be reasonable and further in accordance with this constitution.
79.10. The notice may be in any form, providing it contains enough particulars of the meeting to be held to enable the receiver thereof to attend and participate in the proceedings.
79.11. It may be combined with the agenda.
79.12. “Enough particulars” means that the:
79.12.1. place, day, date and time of the meeting must be indicated;
79.12.2. purpose of the meeting must be clearly stated, enabling the receiver to decide whether he or she will attend the meeting or not;
79.12.3. authorised person must be properly identified and his or her address and telephone number must be mentioned (unless the notification is effected by sms);
79.12.4. notice must be signed and dated (unless the notification is effected by sms); and
79.12.5. type of meeting, eg. Annual General meeting or Committee meeting.
79.13. In the following cases resolutions will be deemed as valid:
79.13.1. when all reasonable attempts were made to trace or contact a member;
79.13.2. when a member has neglected to notify change of address, e-mail address, cell phone number or related particulars; and
79.13.3. in the event of a member not being able to attend due to illness.
79.14. Full particulars of the notice and action taken with regard thereof at the meeting, must be included in the minutes.
The Agenda
79.15. The agenda is an informative document containing a summary, in order of precedence, of the business that will be dealt with at the meeting.
79.16. The purpose of an agenda shall be as follows:
79.16.1. It lays down the order in which matters will be dealt with at the meeting.
79.16.2. It serves as a control document, preventing listed items from being omitted or new business added.
79.16.3. It provides members with the opportunity to prepare themselves for discussions.
79.16.4. It is informative, in order to expedite proceedings at the meeting.
79.17. The agenda is prepared by the secretary in collaboration with the chairperson.
79.18. The following information must be included:
79.18.1. business which, according to the “order of business”, must be attended to at the beginning of the meeting;
79.18.2. any business approved by the chairperson; and
79.18.3. any business proposed by a member according to the rules of this constitution, with which the meeting may lawfully deal, within the scope of the constitution.
79.19. The agenda is circulated in accordance with the prescription of this constitution. When the agenda contains proposals of which, according to the constitution, notice must be given, and when an extraordinary meeting is convened, it must be circulated.
79.20. When the agenda is not circulated prior to the meeting it should be endeavoured to provide members with a copy thereof at least 48 hours before the meeting. It may be included with the notice. (Where notification is sent by sms, the duty is on the member to obtain particulars from the chairman, secretary or other authorized person.)
79.21. The chairperson must dispose of business at a meeting in the order listed on the agenda. The chairperson may only deviate from the set order if the meeting consents thereto.
79.22. Any member present may at any time during the proceedings move, as a motion, that precedence be given to a specific matter on the agenda. He or she states his or her reasons briefly and the motion, if seconded, is put to the vote without discussion and the result prevails.
79.23. Attention must be given to each matter appearing on the agenda. No item may be withheld or omitted. It may not be covertly superseded and forgotten. A decision must be taken. If necessary it may, as an interim measure, be referred to a committee or postponed to a next meeting. Full particulars of the action must be recorded in the minutes.
79.24. Any discussion point not on the agenda may, strictly speaking, not be discussed.
79.25. Members are entitled to know beforehand which matters will be dealt with. In this regard cognisance should be taken of the provisions of the constitution. Inclusion and discussion of a matter may sometimes be allowed after the decision of a specific majority or unanimous consent is obtained.
79.26. Where no provision exists in this constitution, the chairperson may allow new matters for discussion if relevant, important or of general interest. (The chairperson must however be careful, because absent members may feel that they should have been notified thereof.) If any doubt exists, the chairperson must determine what the opinion of the meeting is by ascertaining whether there are any objections and make his or her decision accordingly.
79.27. The chairperson must also ascertain if the new motion falls within the scope of the purpose of the meeting as reflected in the notice.
79.28. The best solution is to consider such a proposal at the next meeting after due notice thereof.
79.29. Additional motions which do not affect matters of policy or principle and of which prior notice has not been allowed are dealt with under the heading “General”.
80. Frequency of meetings
80.1. The Clydesdale CPF will hold monthly meetings.
80.2. Meetings may not be cancelled or postponed unless exceptional circumstances prevail.
80.3. Only the Chairperson or in the case of his absence the Deputy chairman, after consultation with the members, may cancel or postpone a meeting.
80.4. In such circumstances the secretariat of the Clydesdale CPF will inform the members of a new date for the meeting as determined by the Chairperson (or deputy chairperson).
81. COMMUNICATION:
82. Well structured communication channels must be established between the local sector policing role-player structures, the Clydesdale CPF, Springs Community Police Forum and other sub-forums and the police station;
83. Other means of communication could take place with:
83.1. The circulation of newsletters;
83.2. Sending of bulk SMS’s;
83.3. e-mail;
83.4. notification on an approved internet site;
83.5. and use of other communication media (TV, radio, newspapers, crime reporting boards and a website).
84. COMMENCEMENT OF THE CONSTITUTION
85. This Constitution will commence with the signing thereof by the Committee set up to draft the Constitution and after publication thereof on the approved website or internet site.
86. The Clydesdale CPF may be dissolved by a resolution of the Sub-Forum supported by 75% of the Clydesdale CPF.
87. Any amendment to this constitution shall only be valid if it is in writing and was approved by at least 50% of the members present at the meeting.
DISPUTE RESOLUTION PROCEDURES AND DISCIPLINE
88. If a member of the the Clydesdale CPF is of the opinion that another member is acting in a manner that is inconsistent with the objectives of the Sub-Forum or is not complying with resolutions and code of conduct of the Sub-Forum, such a member must notify the Chairperson.
89. The Chairperson must seek to resolve the issue at the first available meeting of the Clydesdale CPF, or call a special meeting if circumstances so dictate.
90. The Clydesdale CPF may have and maintain a Code of Conduct and Disciplinary Code and Grievance Procedure that shall be applicable to every member without fear or favour.
91. The Clydesdale CPF may establish a Disciplinary Committee and an Appeals Committee to deal with alleged misconduct by civilian members of the Structure. Alleged misconduct by members of the SAPS shall be referred to the Station Commander.
92. The Deputy Chairperson of the the Clydesdale CPF or other delegated member of the Executive Committee shall preside over the Disciplinary Committee.
93. Where this constitution or any disciplinary code is silent on any procedure, generally accepted procedures applicable in labour law may mutatis mutandis be applied but preference should be given to an informal process (even in serious cases) where each party will be entitled to state his case in writing to the Deputy Chairperson rather than in a formal hearing. The Deputy Chairperson (or other qualified member of the CPF appointed by the Executive Committee) shall make a finding on the available documentation submitted to him and may request any further information in writing to assist him in coming to a fair conclusion. No legal representation shall be permissible.
93.1. If the complaint or disciplinary process is against the Chairperson then the Deputy Chairperson (or other qualified member of the CPF appointed by the Executive Committee) shall deal with the process and findings.
93.2. If the complaint or disciplinary process is against the Deputy Chairperson then the Chairperson (or other qualified member of the CPF appointed by the Executive Committee) shall deal with the process and findings.
93.3. Where both the Chairperson and Deputy Chairperson are involved, then the remainder members of the Executive Committee my appoint one or more suitably qualified outsiders to deal with the process, even on appeal.
94. The Chairperson of the Clydesdale CPF shall preside over the Appeals committee except where the Deputy Chairperson or Chairperson is involved in which case the remainder of the Executive Committee shall preside over the appeal process and shall be chaired by the most senior member thereof.
95. Should a member be found guilty of misconduct, after due process, the following sanctions may be imposed:
95.1. Reprimand;
95.2. Written warning;
95.3. A fine not exceeding R300.00 (Serious misconduct);
95.4. Suspension for up to three months (Serious misconduct);
95.5. Expulsion (Serious misconduct);
95.6. Any sanction contemplated in the last three sub paragraphs may be conditionally suspended for a period of up to 6 months. (Serious misconduct)
96. NAME OF CONSTITUTION:
97. This Constitution shall be called The Constitution of the Clydesdale CPF.
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