SOMALILAND CAYN ASSOCIATION
CONSTITUTION
Effective from December 28th, 2012
Cover Page
1
Content
Cover Page .......................................................................................................................................... 1
Content ..................................................................................................................................................... 2
I. Preamble ................................................................................................................................................ 3
Article 1: Name, Emblem, Nature and Purpose ....................................................................................... 4
Article 2: Nature of the Umbrella ...................................................................................................... 5
Article 3: Legal Status Applicable Laws .............................................................................................. 5
Article 4: Membership Eligibility, Requirement and Application ....................................................... 5
Article 5: Membership Rights, Obligations and Code of Conduct ...................................................... 7
Article 6: Vision, Mission, Objectives and Goals ................................................................................ 8
Article 7: The Level of Branch ............................................................................................................. 8
Article 8: Branch One .......................................................................................................................... 8
Article 9: National Council Elections ................................................................................................ 10
Article 10: Branch Two...................................................................................................................... 11
Article 11: Board of Directors ........................................................................................................... 13
Article 11: Board of Directors Sub-Committee....................................................................................... 14
Article 12: Board of Directors l Meetings and notice ...................................................................... 14
Article 13: Board of Directors Meeting Quorum & Voting .............................................................. 15
Article 14: Board of Directors Decisions ........................................................................................... 15
Article 15: Filling Council Vacant Seats ............................................................................................. 15
Article 16: Resignation, Termination National Council .................................................................... 15
Chapter 3: Branch Three......................................................................................................................... 16
Article 17: The SCA Secretariat Branch ...................................................................................... 16
Article 18: Duties of the Executive Director ..................................................................................... 16
Article 19: Cessation of Executive Director ...................................................................................... 17
Article 20: Assets of SCA Org ............................................................................................. 18
Article 21: Financial Management .......................................................................................................... 18
Article 22: Loans ............................................................................................................................... 19
Article 23: Effective Day of the Constitution, Amendment and Dissolution, ................................... 20
Article 24: SCA Org Structure ............................................................................................ 22
Article 24: Delegates in the General Assembly who are signatories to the present Constitution .... 23
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I. Preamble
The SCA member organization to the present General Assembly: o Having taken into account the salient role of this country’s youth in the contemporary
history of Somaliland—an account of full contribution, dedication and struggle.
o Having considered that youth is disadvantaged in terms of productivity, participation and
involvement in the decisions that affect their lives.
o Being cognizant of the visible ramifications of the historic wars and socioeconomic
intricacies resulted from the devastations and state collapse of Siyad’s regime.
o Being committed to realizing the vision adopted in 2003 Jun and reviewed in January 2012
and performing in accordance with the Core Values of SCA Youth Org.
o Having dedicated to overcome socio-political, economic, cultural and situational
impediments and to respond to the issues faced by the young generation today, youth
leaders representatives from all the member organizations that took part in the founding
Congress have initiated the formation of a nationwide youth Umbrella;
o Having convinced the strategic significance of forming a dynamic youth initiative which is
institutionally empowered, responsive to the needs of its key stakeholders and providing
platforms for our young generations and communities to voice up their concerns, access to
information and participate in the social mainstream and the decision-making processes at
local, regional and national levels.
o THEREFORE, these organizations came together and formed the Somaliland Cayn
Association (SCA Org) that would catalyze the development and the state- building of
Somaliland (peace-building, democratization, governance and reconstruction).
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CONSTITUTION OF SCA Org
(As Amended Effective, 7th September 2012)
Article 1: Name, Emblem, Nature and Purpose
1.1.
Name: The name of the Organization shall be “Somaliland Cayn
Association abbreviated to “SCA”
1.2.
Acronym: will be SCA.
1.3.
Date Found: SCA was found in 2006, by different Professional youth Group
Volunteers working on social development issues,specially
Development Youth,Sports and environment
1.3.1.
Date of Celebration: on the 20th of June 2006, SCA celebrates for itsinception and
informs its key stakeholders of its achievements, accomplishments and
strategies and key plans. In this date, SCA can fundraise for some of its key
mandatory programs.
1.4.
Head Office: The head office of SCA Org shall be in Ainabo the Capital of Ainabo
District,Sool Region, Republic of Somaliland.
1.4.1.
1.5.
SCA can open offices Capital and in the regions and overseas countries as
deemednecessary by the Board of directors of the organization.
Emblem: SCA’s Org emblem is composed of HandHolding a Ball Surrounding Two Green
Leaves. An example of the emblem is located on thecoversheet to this document and is
also shown below:
1.5.1.
SCA’s official emblem consisting of symbols, pictures, a writing statementand
and can be interpreted as following:
1.5.2.
Map of Somaliland. Represents SCA’s commitment in promoting the
political, economic and socio-culture conditions of Somaliland.
1.5.3.
A group of united youth surrounding the map of Somaliland represents the
collective force of Somaliland youth in furthering the societal development of
the country. It also represents the various regions of Somaliland. Four appear
and three are hidden at the back of the map.
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Article 2: Nature of the Organization
2.1.
Nature: SCA is a non-profit, non-political, nonpartisan organization dedicated to
mobilizing and empowering the youth in Somaliland.
2.2.
Organization Members: Any Member with valid membership to SCA Org and at
same time fulfilling its obligation as set in this constitution and By-laws, who are
signatories to the present Constitution and By-laws.
2.2.1.
2.3.
Nature of Organizations: Organizations of non-governmental organizations and
student unions of public universities, with valid legal status can be member
organization subject to their interest, meeting membership eligibility and
requirement, no organization can pretend member unless it has valid membership.
Definition of youth: SCA defines youth as a human being aged between 14 - 35
years old.
Article 3: Legal Status Applicable Laws
3.1.
Legal Status: SCA shall have legal status and legal personality. It shall have the
right to sue or be sued.
3.2.
Application: SCA Org constitution and By-laws applicable to all member
organizations and student unions with valid membership.
3.3.
Applicable Law: SCA shall abide national laws and other international laws
which are applicable, to cultural and Islamic values of Somaliland people.
Article 4: Membership Eligibility, Requirement and Application
4.1.
4.1.1.
Eligibility and Requirements:
Eligibility: a members set in 2.2.1, above shall be eligible to apply membership
subject to the following terms and conditions: a. Applicant Member must be youth,aged 14-35year working with similar
objectivesand goals of the organization.like volunteerism
b. Applicant member must have Secondary School Certificate.
c. He/She Must be Somalilander person and have Nationality Identity Card or
equivalent documents
d. Be.
e. Sustain activities that benefit youth and/or children as well as the development
of Somaliland society.
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4.2.
Membership application Procedures: The applicant member must complete their
application in the following procedures: a. Submit membership request letter to SCA Head quarter.
b. Complete membership request form with all documents listed under 4.3.
c. Confirm your request receipt form from SCA BOD Specialy Coordination Committee
4.3.
Minimum Information for Application: Applicant member upon its receipt of the
complete application package must complete the minimum information required in the
application by completing following: a. Complete information requested in the template document.
b. Fill the Application Form and sign.
c. Fill the Personal Profile Form and sign.
d. Attach all requested documents and your detailed C.V and sure are authentic
copy of Somaliland Voter card ID from Somaliland National Electoral Commission
or Somaliland National identity Card from the Ministry of Interior.
4.4.
Membership Admissions: Membership admissions is empowered to the following
levels:
a. Coordination Committee verification
b. Board of directors “Temporary admission” and
c. General Assembly regular admission
d. The administration of membership admission is defined in a Bylaw.
4.5.
Membership Rejection: Membership rejections is empowered to the following levels:
a. Coordination Committee verification and justifying the reason.
b. Board of directors’ releases for any reason
c. General Assembly final rejection in the event when Board of director admits
ineligible application.
d. The administration of membership rejection is defined in a Bylaw.
4.6.
Membership Resignation, Expulsion and Suspension: The process of membership
Resignation, Expulsion and Termination shall be as per the procedures set in the
Bylaws:
a. The Coordination Committee is empowered for proposal based on justification.
b. National Council is empowered temporary expulsion and suspension upon
receiving proposal agreed and signed by the majority of the Board of
directors member (50+1)
c. The General Assembly is empowered to decide the final expulsion and
suspensionupon receiving a decision of Board of Directors along with simple
majority resolution signed and approved by Board of director members.
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d. The administration of membership expulsion and suspension shall be defined in aBylaw.
Article 5: Membership Rights, Obligations and Code of Conduct
5.1.
5.1.1.
Membership Rights:
Rights for Participation: Member organizations granted regular admission as
membership and at same time fulfilling its obligation in 5.1.3 below shall be entitled:
a. To have representative in the General Assembly of SCA Org, subject tothe
fulfilment of obligation.
b. To participate in SCA’s Org elections subject to the eligibility and
qualification of your delegate.
c. To be part of SCA Board of directors’ leadership when elected in the General
Assembly as per the Constitution and Bylaws.
d. To appoint two delegates to represent in the General Assembly.
e. To propose amendment to Constitution and Bylaws according to this constitution
f. To appoint your candidate from your board officers to take part in the leadership
of SCA Org subject to decision of the General Assembly.
g. To be part networks under the SCA Org
5.2.
5.2.1.
Rights to Benefit:
Organization Members : Organization Members with valid regular membership of
SCA Org at the same time fulfilling their obligation have the rights to benefit: a. To have its name and identity to be displayed on the website of SCA
Org.
b. To have vote and to be voted in the General Assembly of SCA Org.
c. To have maximize its funding opportunities by displaying its work on the website
of SCA Org subject to space allocated,
d. To receive update information on the current humanitarian work and intervention
priorities.
e. To have capacity building support to your organization subject to the funds
available and fulfilment of membership obligations.
f. To receive report on the status of SCA Org in any General Assembly.
g. To have inclusion on the General Assembly Agenda subject to the acceptance of
the General Assembly.
5.3.
5.3.1.
Obligations of Membership.
All organizations having valid membership are required to Obey and comply with the
principles, rules, policies and regulations of the umbrella as outlined in the SCA
Constitution and Bylaws: a. Pay Five-dollar monthly subscription fee latest on the 10th of the next month.
Article 6: Vision, Mission, Goals and Objectives.
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Vision
A Somaliland where young people are empowered and contribute meaningfully to the development of their communities
and the country.
Mission:
To promote youth capacity development and provide opportunities to young people in Somaliland to enable them to
reach their full potential and contribute to the development of their communities and the country.
Goals:
To increase the number of young people with access to quality education and training.
To provide young people with opportunities for employment and entrepreneurship.
To promote youth participation in decision-making and civic engagement.
To empower young people to advocate for their rights and to take action to address the challenges they face.
To build the capacity of young people to be active and responsible citizens.
Objectives:
To establish and maintain a network of youth-serving organizations in Somaliland.
To develop and implement programs that support youth education, training, employment, and
entrepreneurship.
To provide training and technical assistance to youth leaders and organizations.
To advocate for policies and programs that benefit young people.
To build the capacity of young people to participate in decision-making and civic engagement.
To promote the values of peace, tolerance, and respect for human rights among young people.
Chapter 2: THE GOVERNANCE STRUCTURE
Article 7: The Level of Branch
7.1.
SCA shall have three Branches of structures known as authority levels. These
branch levels shall be: a. The General Assembly
b. Board of directors” (3 Sub-Committees) and
c. The Secretariat
7.2.
The separation of roles of these branches shall be as set out in this Constitution and
Bylaws. Each branch shall exercise the designated roles and responsibilities according to
under this Constitution.
Article 8: Branch One
8.1.
The General Assembly
8.1.1.
The highest power of the Umbrella is vested exclusively in the General Assembly which
shall consist of total delegates appointed as the representatives of the member youth
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organizations and public universities student unions to the General Assembly.
8.2.
Composition of the General Assembly
8.2.1.
The General Assembly shall compose the total official delegates appointed by the
members of the SCA Org. Each regular member organization is entitled twodelegates
in the General Assembly.
8.2.2.
Procedures of delegates and their appointment in the General Assembly meeting is
defined By-laws,
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8.3.
The Power of the General Assembly
8.3.1.
8.4.
The General Assembly is the supreme organ of the SCA Org and the finaldecisions
of the SCA business subject to provision 8.4, below.
The Duties of General Assembly:
The General Assembly takes all decisions related to the purpose of the SCA Org. That isto:
8.4.1.
To adopt the agenda
8.4.2.
To elect national council members of the SCA Org
8.4.3.
To determine membership fees
8.4.4.
Adopt and modify the SCA’s constitution and Bylaws, which procedures are to be
defined in the constitutional Bylaw.
8.4.5.
Decide on the dissolution and liquidation of the SCA.
8.4.6.
Accept new members.
8.4.7.
Decide on the suspension and exclusion of member organizations when “BOD” proposes.
8.4.8.
Define and amend the SCA vision, mission, Objectives, goals and strategic
framework of SCA Org.
8.4.9.
To approve, revise or reject proposal on Constitution amendment as per the Bylaw.
8.4.10. Decide on the dissolution and liquidation of the SCA Org
8.5.
General Assembly Meeting Term
8.5.1.
8.5.2.
8.6.
The General Assembly shall meet every 2 years (24 Months) from the last meeting of
the General Assembly.
Ordinary meeting must be called within the scheduled timeframe and 30 days before the
date of the General Assembly meeting.
Meetings & Notice:
8.6.1.
The General Assembly shall have ordinary meeting to be convened every 2 years, as set
in 8.5.1 above, in addition, there shall be extraordinary meeting.
8.6.2.
Procedures to call these meetings shall be defined in the Bylaw.
8.6.3.
Postponement of the ordinary meeting is ONLY dire circumstances,
8.6.4.
Dire circumstances that meeting can be postponed are when General Assembly
Quorum fails to open.
8.6.5.
If quorum cannot be opened because of dire circumstance set in 8.6.4 above, the outgoing
Council shall continue in office until the date postponed end of these circumstance and a
quorum opens.
8.6.6.
Duration of postponement to be defined in the Bylaw.
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8.7.
Meeting Quorum:
8.7.1.
8.8.
The Quorum of ordinary and extraordinary meetings of the General Assembly shall be
(50%+1) of its valid constituencies, subject to member organizations with valid
membership admitted in the meeting of the General Assembly.
Voting Rights:
8.8.1.
8.8.2.
8.8.3.
8.8.4.
8.9.
Member organizations with verified valid membership are eligible to vote through their
representative delegates appointed in the General Assembly.
Delegate from eligible member organization present at the time of voting is entitled one
vote.
If any appointed eligible delegate is not present in the meeting, his/her vote is only
validwhen s/he is present in person.
No delegate has authority to appoint his/her replacement as temporary or regular unless
the appointing member organization submits an official letter of such replacement.
Members' Proxy voting:
8.9.1.
No proxy voting is allowed in any of the General Assembly meetings or elections.
Article 9: Board of director’s Elections:
9.1.
Board of directors Election Procedures:
9.1.1.
Procedures of board elections shall be determined in a Bylaw.
9.2.
Board of directors Candidate:
9.2.1.
Eligibility and Qualifications: Delegates appointed by member organizations as
representative to the General Assembly and Board of director members and at same
time meeting the following eligibility and qualifications are considered to participate
council election: a. Appointing member organization must have valid membership.
b. The appointee must be one of the current Board Officers of the member organization,
theONLY eligible SCA board candidate in the General Assembly.
c. S/he must have experience someone who served as board member for minimum of
one year (12 months at the time of his/her appointment).
d. Must submit his/her application as candidate to the chairing committee.
9.2.2.
Minimum Qualification of Candidates: Board of directors’ candidates meeting
thefollowing minimum qualification is considered to be eligible as “BOD”
candidate: a. S/he must be a Somaliland citizen who is aged between 18-35 years at the time
ofhis/her appointment as representative.
b. S/he must be one of the current Board Officers of the member organization
registered in the secretariat database at the time of his/her appointment.
c. S/he must be someone completed Secondary level or higher qualification.
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d. S/he must be someone have not been subject of a final sentence for a criminal
offence by a court.
e. S/he must be a responsible person with appropriate character and behavior.
f. S/he must be someone knowledgeable to SCA Org constitution andBylaws
and
g. S/he must be free from drugs.
h. S/he must be appointed as “Representative” of his/her organization to the General
Assembly.
9.3.
Decision-making:
9.3.1.
9.4.
When the quorum set in 8.7 above is present, any General Assembly business properly
brought before such meeting shall be decided in the following condition: a. 50% +1 of the present delegates for all General Assembly business
b. 2/3rd Votes of the present delegates for Constitution and Bylaws amendment
approvals and adoptions.
Administration of the Meeting:
9.4.1.
The Chairing Committee to be elected in the General Assembly meeting to administer
General Assembly meeting.
9.4.2.
The Preparatory committee is empowered to administer on a temporary to fulfil the
role ofchairing committee until they are elected in during first session of the meeting.
9.4.3.
Procedures of General Assembly meetings and its administration shall be defined in a
Bylaw.
Article 10: Branch Two
10.1.
Board of Directors:
10.1.1.
Board of directors are the leading body of the SCA Org between two General
Assembly in according to constitution and Bylaws.
10.1.2.
Board of director receives no compensation other than expenses to be reimbursed
forofficial business, the meeting attended, or travel conducted to attend official
meeting stipulated in this Constitution and Bylaws.
10.2.
Board of Directors Composition:
10.2.1.
The regular Board of directors shall compose (18) members elected in the General
Assembly. The BOD Chairperson will have double votes if the BOD members have
equal votes.
10.3.
Board Term of Office:
10.3.1.
The term of office for the Board of directors is two (2) years. The elected BOD
member can be re-elected for a maximum of another one term, total of 4 years.
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10.4.
Board of Director Election:
10.4.1.
The board of directors are elected by the General Assembly as per the procedures
determined in the Bylaw set in 8.10, above.
10.5.
The Power of the Board of Directors:
10.5.1.
Current Board of directors are empowered to following decisions between anytwo
General Assemblies: a. Decide temporary admissions, suspensions, and expulsions of the member
organizations.
b. Preparation of General Assembly
c. Chairing in the first session of the General Assembly meeting
d. Screen and decide delegates eligible to attend the General Assembly meeting.
e. Suspending board members found committing offences set in the Bylaw.
f. Undertake their duties as per the constitution and Bylaw.
10.6.
The Duties of the Board Of directors:
10.6.1.
Board of directors is responsible to implement decisions adopted by the General
Assemblyin according to constitution and Bylaws of the SCA Umbrella.
The Board of directors approves the policies, procedures, rules and internal
regulations of SCA as per the procedures set in the Bylaws.
The Board of directors sends its correspondence through Chairperson.
To engage an on-going strategy planning and development of SCA
The board of directors is responsible to guide, supervise, monitor and oversee
SCA program implementations for effective, efficient, and cost-effective manner.
To evaluate annually overall performance of the secretariat through Executive Director as
per the policy in place;
Recruit the Executive Director subject to the policy and procedures,
Dismiss the Executive Director with 2/3 majority votes.
Oversee effective implementations of the policies in place in the management of Human
Resource, Finance, Procurement, Assets, Transport, Inventories and other administrative
systems as determined in the policy.
Convene and prepare General Assembly ordinary and extra-ordinary meetings.
Propose Constitution amendment upon obtaining written proposals submitted by 1/3rd of
the eligible member organizations, which its membership is valid at the time of submitting
such proposal, as per Bylaw.
Prepare and submit report activities and achievements of SCA Org to the General
Assembly ordinary meeting.
Undertake any other activities assigned by the General Assembly, Constitution or Bylaws.
Nominates the preparatory committee of The General Assembly composed of one
representative from each region except Hargeisa which shall have two members. Any member
of the Board of directors cannot be a part of the preparatory committee.
10.6.2.
10.6.3.
10.6.4.
10.6.5.
10.6.6.
10.6.7.
10.6.8.
10.6.9.
10.6.10.
10.6.11.
10.6.12.
10.6.13.
10.6.14.
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Article 11: Board of Director members:
The officers of the SCA Umbrella shall be Chairperson, Vice-chair, Treasurer and theSecretary.
10.1.
Duties of the Board of Directors:
10.1.1.
Chairperson:
a. Shall lead the Board of directors to ensure the implementations of the SCA
Org Constitution and Bylaws.
b. Shall deliver the SCA Org speech at each ordinary or extra-ordinaryGeneral
Assembly meetings.
c. Liaise between BOS members and secretariat.
d. Appoint BOD sub-committee and be the chair of sub-committee, replace or
remove BOD sub-committee members.
e. Chair BOD meetings, review BOD action plans and activities to ensure whether the
BOD meets its objectives.
f. SCA representation at conference, meetings locally and internationally, or
delegate BOD members to represent.
g. Make sure that all Board of director assignments are specific, measurable, achievable,
Realistic and time bound
h. 4Sign the official document of the Council such as resolutions.
i. Call the ordinary and extraordinary meetings of the Council.
j. All gifts obtained on behalf of the position held shall be property of SCA Org.
k. Perform other activities assigned by the Constitution and bylaws.
l. Temporary suspension of executive director if found mismanagement and corruption
to the office.
m. Appoint SCA office representatives in the required countries.
10.1.2.
The vice-chair:
a. Shall chair meeting in his/her absence.
b. Under the guidance of the chair, oversee various committees when they are on
special assignment as designated by the chairperson.
c. Perform other official duties as requested by the chair.
d. Serve as the Chair of SCA Org if the elect Chairperson’s post becomes vacant through the
cessation means defined by the Constitution.
e. In the case of vacancy of Chairperson’s post, the Vice Chair shall assume the BOD Chair
responsibilities in an official inauguration ceremony to be gathered by the members of the
Board of Director and the Senior Secretariat Management members. In such inauguration
events, key stakeholders of SCA Org including the line ministry shall also be invited.
10.1.3.
The Treasurer:
a.
b.
c.
d.
Work under the supervision of the board Chairperson
Responsible for reporting at each BOD meeting.
Support Secretariat finance personnel as required.
Closely work with the Secretariat finance section through BOD Chairperson
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e. Ensure that funds are collected and deposited in such banks or depositories, or invested,
as may be approved by the Board of Directors.
f. Ensure that disbursements are made as ordered by the National Council. He/she shall
render to the Chairperson and Board Of directors, at its regular meetings or when
the Board of Directors requires, an account of all SCA Org financial transactions,
as well as an account of the financial condition of SCA Org.
g. Monitor the collections and the payment of membership fees.
h. Work closely to the secretariat in the preparation of the internal budget development
i. Provide advice and propose amendments towards financial policies, procedures and
regulations.
j. Ensure and monitor the financial policy and procedures are implemented.
10.1.4.
The Secretary:
a. Shall be responsible for keeping records of board of directors’ actions.
b. Responsible for taking minutes of each and every meeting of Board of directors
andproduce relevant reports.
c. Documenting minutes at all board meetings and prepares as report.
d. Prepares council resolutions on the decisions of the council.
e. Sends out meeting announcements, distributing copies of minutes and the agenda to
each council member,
f. Maintains effective records on all BOD business and
g. Transfer officially all records to your successor upon the expiration of your term.
h. Support the drafting meeting Agenda by the chairperson.
Article 11: Board of Directors Sub-Committee:
11.1.
The Board shall adopt its rules at its first meeting, and shall establish the following
sub-committee, which to be appointed by the Chairperson:
a.
Coordination committee
b.
Fundraising committee
c.
Monitoring and Evaluation Committee
11.2.
The duties of committee, appointment and removals shall be set in a Bylaw.
Article 12: Board of Directors Meetings and notice:
12.1.
12.2.
12.3.
12.4.
12.5.
The Board shall meet every 4 (months) once to hold for its ordinary meeting.
An extra-ordinary meeting of the Board Officers may be held:
a) On request of the chairperson.
c) On request, in writing, of 1/3 (one third) of the members of the council.
No elected council member can be excluded any notice unless there is legitimate
decision so.
All Board meetings are required to carry agenda.
All Board meeting minutes to be documented and reported.
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Article 13: Board of Directors Meeting Quorum & Voting:
13.1.
Except the cases referred in 14.1 below, SCA Org Board Of Directors shallreach
its decisions through simple majority vote, 50%+1 of the total Board of director
members
Each Board of director member shall have one vote. The BOD Chairperson will
have double votes if the BOD members have equal votes.
13.2.
Article 14: Board of Directors Decisions:
14.1.
Council Decisions that require 2/3rd
14.1.1.
14.1.2.
14.1.3.
14.1.4.
14.1.5.
14.1.6.
14.2.
Council Decisions that require 50%+1
14.2.1.
14.2.2.
14.2.3.
14.2.4.
14.2.5.
14.3.
Decisions to dismiss Council chairperson/ vice chairperson.
The approval/amendment of SCA Org Policy and procedures.
Decisions to suspend or remove the Council members subject constitution 16.2.
below.
The dismissal of the Executive Director.
Decisions to grant temporary membership.
Call extra ordinary General Assembly meeting.
Decisions to elect Council chairperson/ vice-chair.
The approval of council resolutions
Call extra ordinary council meeting.
Adoption of council agenda
Approval of council minutes
Decision Procedures
14.3.1.
14.3.2.
All council decisions must contain the details of the meeting convened and
business transacted.
All council decisions shall be issued through official resolution of which the
present council officers are to affix their signatures.
Article 15: Filling Board Vacant Seats:
15.1.
15.2.
In case of vacancy in the Board of director, his/her replacement shall be selected from
the same regions and same organization with the approval of 2/3 votes of the Council.
In case of vacancy in the board Chairperson post the Board of director members
shall elect his/her replacement new chairperson from the Board of director members
with simple majority vote.
Article 16: Resignation, Termination Board of Director:
16.1.
Procedures:
16.1.1. Procedures shall be determined in a Bylaw.
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16.2.
Offences that can lead termination of member of the Board of Director
16.2.1. Proved fraud, falsification, misappropriation, misuse, theft against faith or
properties of the SCA.
16.2.2. Deliberate act that negatively affects the performance of the Board of directors.
16.2.3. Breach the constitution, bylaws, policies and procedures of SCA Org.
16.2.4. Miss two or more Board of director meetings within a one-year period for
unjustified reasons.
16.3.
The Removal of Seat:
16.3.1.
16.3.2.
16.3.3.
16.3.4.
16.3.5.
When his/her organization ceases to be a member of the SCA Org.
Convicted for final judgement of criminal offence.
Unable to perform his/her duties for certified health problems.
Resignation from the council
Death
Chapter 3: Branch Three
Article 17: The SCA Secretariat Branch:
17.1.
Secretariat & Composition:
17.1.1.
Secretariat shall be the executive organ of the SCA Org, headed by an Executive
Director hired by the Board of directors; the secretariat is responsible day-to- day
operations of SCA Org business as per the policies and procedures laid bythe council.
17.1.2.
Secretariat composes Executive Director, Staff and Volunteers
17.1.3.
Without prejudice the provision set for this constitution the “BOD” may revise number
or the size of the SCA Org secretariat according to the SCA capacity
17.1.4.
SCA Org internal governance is guided by this Constitution and operational policies and
manuals include but not limited to HR, Procurement, Financial management,
Inventory, Asset, and Transport.
17.1.5.
A paid Executive Director may be hired by the decisions of the Board of directors
selecting only his/her knowledge, experience, competency and capability towards the
assigning task.
17.1.6.
The Executive Director may be terminated by the Board of directors for 2/3 majority at
any time in according to policies and procedures in place.
Article 18: Duties of the Executive Director:
18.1.
18.2.
Serve as the head of the Secretarial.
To Implement vision, mission and objectives of the SCA Org approvedby from
the GA Implement policies and procedures approved by SCA Board of
Directors.
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18.3.
18.4.
18.5.
18.6.
18.7.
18.8.
18.9.
18.10.
18.11.
18.12.
18.13.
18.14.
18.15.
18.16.
18.17.
18.18.
18.19.
18.20.
18.21.
18.22.
18.23.
Sign contracts and agreements on behalf of the Board of directors
Negotiate, accept and receive any form of grants and technical assistance on
behalf of the Board of directors.
The Executive Director is responsible to plan, organize, implement, manage and
control of SCA Umbrella operations in consultation with the council
chairperson.
Receive and sign for funds on the behalf of the Board of directors.
Responsible to select, decide, implement monitor, appraise, advise, support,
reward, direct and guide SCA Umbrella operations in according the
Constitution, policies, procedures and with consultation of the chair
To prepare Quarter budget and implement upon the approval of the council.
Initiate partnerships, proposals and projects with support of the Board of
director members.
Report to the Chairperson of the board of directors with regular basis.
Oversee, supervise and monitor the projects implementations according policies
and procedures of SCA Org.
Hire, promote, demote, discharge or fire the Secretariat personnel in accordance
to the approved SCA policies and procedures.
Prepare SCA strategy plans, program/project frameworks with support ofthe
national council members.
The Executive Director prepares and submit a monthly report to council
through chair, and quarterly report.
The Executive Director is fully responsible to run the secretariat office in an
organized way through regular monthly meetings and weekly short meetings.
Mobilize, direct and organize, supervise, monitor and evaluate the task of the
coordinators and their departments’ activities.
Ensure financial proper expenditure according the financial policy and approved
budget,
Prepare, implement and propose its amendment and updating for the policies,
procedures, regulations, plans and programs of Organization.
The Executive Director ensures when appropriate, that policies on employees,
such remunerations, benefits, vacation, and sick leaves are competitive in the
current market according the HR policy.
The Executive Director should address the working conditions; evaluation and
grievance procedures; confidentiality of employee, volunteer, client, and SCA
Umbrella records and information; and employee and volunteer growth and
development.
Upon the approval of the council, Executive Director is responsible to execute
all decisions pertaining secretariat such as staff recruitments, dismissals and
according to the laid HR policies and procedures.
Executive Director will work closely with the BOD through their chairperson.
Undertake any other task assigned by BOD or internal regulations of
thesecretariat.
Article 19: Cessation of Executive Director:
19.1.
19.2.
19.3.
Dismissal of Executive Director by 2/3 majority of the Board of director members
with clear justification.
Withdrawal/resignation
Convicted for a final judgement of criminal offence.
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19.4.
19.5.
Unable to perform his/her duty for certified health problems.
Death
Article 20: Assets of SCA Organization
20.1.
Source of Resources:
20.1.1.
The SCA Org may hold, be it by possession or by ownership, movable andfixed
assets necessary for the achievement of its objectives.
20.1.2.
The SCA may receive income from different sources, but the following shall bethe
major source of income:
a. Membership dues
b. Legitimate Donations.
c. Fundraising
d. Donation by individuals
20.1.3.
SCA Org shall utilize its resources to achieve its objectives and subject to the rules
and regulations set by the Constitution, Bylaws and policies and procedures.
Article 21: Financial Management:
21.1.
21.1.1.
21.1.2.
21.1.3.
21.1.4.
21.2.
21.2.1.
21.2.2.
21.2.3.
21.2.4.
21.2.5.
21.2.6.
Financial Procedures:
Fiscal Year: The fiscal year of the SCA Org shall be the calendar year, 31st
December of every year.
All financial matters of SCA Org shall be governed by the finance policy and
procedures approved by the Council as per 14.1.2 above.
All SCA finance matters shall have proper management according to the standard
principles, rules and regulations.
SCA Org financial management policy is applicable to all matters related to SCA Org
finance, General Assembly, Board of directors and secretariat operations
Bank Deposits & Withdrawal:
SCA Org shall maintain Bank Account in local and international levelsubject
to the internal rules and regulations.
All Cash/ Cheques donated to SCA Org are deposited into the Bank Accountof the
respective Office.
SCA shall has a multiple Bank Accounts in Local level and its management shallbe
set by finance policy
The Executive Director is accountable for all Bank withdrawals.
All SCA Org financial reports are required to carry Bank reconciliations.
Procedures for withdrawals shall be set by finance policy.
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21.3.
21.3.1.
21.3.2.
21.3.3.
21.3.4.
21.3.5.
21.4.
21.4.1.
21.4.2.
21.4.3.
21.5.
Transaction Signatories:
The Executive Director shall place the specimen of 2 authorizing signatories to each
Bank Account.
All authorized transactions of the SCA Org shall have a minimum of 2
signatories.
The Executive Director shall be the “final authorizing person” to all SCA
transactions.
The primary signatory shall prepare and sign the designated documents and submit the
Executive Director for approval.
Designated signatories are accountable for any transactions in question.
Financial Record Management:
The secretariat is responsible to maintain effective records on all SCA financial
matters.
Accounting records shall be sufficient to show and explain the organization’s
transactions, discharging the reasonable at any time, the financial positions of
SCA,
The records should enable the Board of directors to ensure that any balance sheet
preparedby them gives a true and fair view of the SCA accounting affairs.
The SCA accounting records shall contain: -
21.5.1.
Entries from day to day of all SUMS of money in Cash or in Kind received and
expended by the SCA and the matters in respect of which the receipt and
expenditure takes place.
21.5.2.
A record of the Assets and liabilities of the SCA organization.
21.5.3.
As per the SCA accounting rules and regulation reference period.
21.6.
SCA Umbrella Accounts:
21.6.1.
The accounts of the SCA Org shall be audited annually by independent auditors
appointed by the chairperson of the Council upon the obtaining of themajority votes
of the elected Council member.
21.6.2.
The qualification of such auditor shall be a Certified Chartered Accountant and shall be
from registered auditing firm with minimum of 5 years professional experience in the
public and private sectors. The job description of the auditor shall contain in the Bylaws
rules.
21.6.3.
The procedure of auditors and appointment shall be subject to the constitution and SCA
Org policy and procedures.
Article 22: Loans:
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22.1. No loans shall be contracted on behalf of the SCA Org, and no evidence of
indebtedness shall be issued in its name unless it constitutes in this Constitution. Any
necessary loans should obtain resolution from the Board of directors authorizing such
loans.
Article 23: Effective Day of the Constitution, Amendment and
Dissolution,
23.1.
The Effective Date of the Constitution
23.1.1.
23.2.
The effective date of the constitution shall be the date that the General Assembly
approves.
Dissolution:
The following may justify the dissolution of SCA Org, subject to this constitution:
23.2.1.
23.2.2.
23.2.3.
23.2.4.
23.2.5.
23.2.6.
23.2.7.
23.3.
Decision of Dissolution:
23.3.1.
23.4.
23.5.
Failure to meet the goals of SCA Org.
Members being persistently not complying to rules and regulations.
Irreconcilable financial discrepancies
Evident, visible and proved acts of corruption
Where the relevance and reasons for SCA’s existence are no longer justifiable
Where the SCA Org shall be declared bankrupt
Any members of SCA Org are entitled to move a motion of dissolution inthe GA in
accordance with the provisions of the Constitution.
In the event of dissolution, the General Assembly shall in an extraordinary meeting
with a 2/3 vote of its delegates, called by the Board of directors. Establish as
prescribed by relevant legal provision modalities, for the disposition of any and/or
assets and properties of the organization subject to the payment of all its liabilities.
Assets, properties, documents & projects of SCA Organization after dissolution:
23.4.1.
In the case of dissolution of SCA Org all properties, assets, relevant documents
and on-going projects will be transfer to the Ministry of youth, sports and tourism or
any other Governmental competent authority, the last board is responsible to do
such transfer.
23.4.2.
After dissolution no one has the right to use the name, emblem or official seal of
SCA Org.
Amendments:
23.5.1.
The power to make alters, amend or repeal these constitution and Bylaws its rules
shall be vested with the General Assembly.
23.5.2.
Any amendment and/or correction of an Article or Articles of the constitution shall
come into force after its approval by 2/3rd votes of the delegates in any General
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Assembly.
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23.6.
23.5.3.
If the General Assembly meeting approves a proposed amendment, the approved
changes will be incorporated into the constitution during the current General
Assembly meeting by the Chairing Committee.
23.5.4.
All member delegates authoring such amendment MUST affix their signatures to
the Constitution.
Amendment and Procedures:
Proposals for the amendment and/or corrections of the Constitution and Bylaws shall be
made by:
23.6.1.
Board of directors can propose constitution amendment 50%+1 when they receive
justified proposals submitted by 1/3rd of the valid memberships.
23.6.2.
All council proposals must be in written form, adequately reasoned and wellarticulated, proposing board members names and signatures should constitute in the
proposal.
23.6.3.
All proposals must be reasoned and signed by the proposing members, all proposals
must obtain 1/3rd support from the present General Assembly members to proceed
its debate.
23.6.4.
Any proposed amendment shall be constituted in the official notice of the next
General Assembly.
23.6.5.
If the General Assembly meeting does not approve the proposed amendments, it
cannot be returned until next General Assembly.
23.6.6.
Any amendment and/or correction of an Article or Articles of the constitution shall
come into force after it is approved by 2/3rd votes of the total delegates present in
any General Assembly meeting.
23.6.7.
All amendments and changes shall be issued through official resolutions.
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Article 24: SCA Org Structure:
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Board of director members who are signatories to the present Constitution
No
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Name
Mubarak Ismail Taani
Mustafe Mohamed Dahir
Wacays Mohamed Ahmed
Abdiqani Mohamed Jiidhi
Abdifatah Saed Jama
Mohamed Hussein Aidid
Mawlid Abdi Hassan
Mukhtar Osman Abdi
Mukhtar Abdi Jama
Khadar Nur Aw Abdi
Abdirisak Hussein Jama
Mustafe Hussein Abdillahi
Abdirahman Mohamed Guun
Farah Jama Abdiaziz
Fuad Abdirahman Jama
Ifrah Omer Hassan
Omer Mecad Aynan
Ali Saleban Hassan
Title
Chairperson
Vice Chairperson
General Secretary
Treasurer
Head of Coordination Committee
Head of M & E Committee
Head of Fundraising Committee
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Signature
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