CONSTITUTION - Government of Botswana

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PREAMBLE
We are delighted to introduce this model constitution to you. This is
an initiative aimed at improving our customer satisfaction. We
promise to register any societies that develop their constitution in line
with this model constitution within fourteen (14) days.
Directions on How to Use This Model Constitution
1. The constitution can be customized by completing the lined
dots to suit the nature of your society.
2. You can add or delete words, articles and sentences that do not
apply to your society.
3. Articles were various options are provided; you are expected to
delete the option that does not relate to your society.
4. Societies are allowed to make any other provisions they
consider essential for their operation.
5. You will be expected to type the customized constitution. (You
can be provided with a soft copy from any of our offices
through out the country).
6. In case of a faith based organisation, please attach the
statement of faith of the Society as an Annexure
7. For further clarifications you may contact any of our offices
throughout the country or the office of the Registrar of
Societies at 3611460/78.
CONSTITUTION OF
_________________________(Name
of Sporting Club)
ARTICLE 1
(a)
The name of the society shall be
(b)
The society shall be affiliated or shall be a branch of
……………….. (E.g. Botswana Football Association) in
Botswana where applicable.
(c)
The Head-quarters of the society shall be at -------------village/town/city in ……………………….. District in
Botswana.
ARTICLE 2
INTEPRETATION
(a)
Executive Committee shall mean the governing body of
society.
(b)
Society/club
shall
(name of sporting club)
(c)
Words signifying the singular number shall include
plural or vice-versa unless they appear specifically
otherwise from the context.
(d)
----------------------------------------------
ARTICLE 3
AIMS AND OBJECTIVES
mean………....................
(a)
To promote sporting activities in
such as soccer/volleyball/netball/etc
(b)
To provide leisure and recreational activities for the
youth in
.
(c)
(d)
(e)
To provide an opportunity for social interaction.
To promote healthful living.
To give youth basic skills in soccer/volleyball/netball,
etc and help them grow up as responsible adults who
will be able to contribute positively to the economy of
this country.
Etc.
(f)
ARTICLE 4
MEMBERSHIP
Membership shall be open to an individual who shares the
values, principles and objectives of the society.
The
chairperson or secretary as directed by the governing body
shall approve application for membership. There shall be an
annual subscription fee paid by registered members. A
member, who is in arrears, shall be given ___________month(s)
to settle such. Failing which such membership shall be
terminated.
ARTICLE 5
TERMINATION OF MEMBERSHIP
A member shall terminate his/her membership by writing to
the Executive Committee about his/her intention to resign
from the club. Anyone of the officials, who wishes to leave the
club, shall give in writing …………. month(s) notice to the
Executive Committee. Such a member shall ensure that
proper handing over of the society’s property is undertaken
before he/she leaves office.
ARTICLE 6
EXECUTIVE COMMITTEE
The governing body shall include the following:
 President
 Manager
 Chairperson
 Secretary
 Vice Secretary
 Treasurer
 Public Relations Officer
 Additional Members
DUTIES OF EXECUTIVE COMMITTEE
The Executive Committee shall:
(a) Manage/run all the affairs of the club, e.g. record keeping,
financial control and general administration.
(b)Have the authority to fill all the vacancies occurring in its
terms of the office.
(c) Review membership subscription from time to time.
(d) Appoint sub-committees where necessary and clearly
define their terms of reference.
ARTICLE 7
SPECIFIC DUTIES OF OFFICE BEARERS
President
 shall be the general overseer of the club
Manager
 shall manage affairs of the entire club
Chairperson
The chairperson shall:
 convene club meetings
 chair all meetings
 shall act on behalf of the club
Secretary
The secretary shall:
 record all meeting proceedings
 shall keep up to date records of the club
 be responsible for correspondence
Vice Secretary
The vice secretary shall:
 deputise the secretary in
meetings and other duties.
taking
minutes
during
Treasurer
 He/she shall be responsible for managing all the
finances of the club.
 The treasurer, chairperson and the secretary shall
countersign all cheques and financial documents.
 He/she shall prepare financial report.
Public Relations officer
 Shall sell and market the club effectively.
ARTICLE 8
ELECTION OF OFFICE BEARERS
Names for the above office bearers shall be proposed and
seconded at the Annual General Meeting and election will
follow on a simple majority vote of the members. All officebearers may be re-elected to the same or related post for a
consecutive…...term(s) of office. The term of office of the
Committee shall be……years.
Elections will be either by show of hands or by a secret ballot,
subject to the agreement of the majority of the voting
members present. An ad-hoc committee shall be chosen to
run the elections.
ARTICLE 9
COMMITTEE MEETINGS
A committee meeting shall be held at least …….
weeks/months after giving…….. days’ notice to Committee
Members. The Chairman may call a committee meeting at any
time by giving…… days’ notice. At least …..(Percentage) of the
Committee Members must be present for its proceedings to be
valid.
ARTICLE 10
ANNUAL GENERAL MEETING
a) The Annual General Meetings shall be held in the month of
............ every year.
An Annual General Meeting shall be convened:
i) To consider an annual report of the Treasurer and the
Society’s Chairperson.
ii) To discuss the Secretary’s report reviewing the Society’s
progress.
iii) To consider the financial report of the club.
b) Written agenda shall be sent out to all members at least…
days before the date of the meeting, stating time and
venue of the meeting.
c) In the event of there being no quorum at the
commencement of a General Meeting, the meeting shall be
adjourned for……..minutes/ hours and should the number
then present be insufficient to form a quorum, the meeting
shall be
adjourned. At adjournment of the meeting, those
present will decide on the date of the meeting. In the event
the proposed
meeting fails to attract the necessary
quorum, those present shall be considered a quorum but
shall have no power to amend any part of the existing
Constitution.
ARTICLE 11
SPECIAL GENERAL MEETING
Whenever it is deemed necessary, a Special General Meeting
shall be called by the President/Chairperson on the request
in writing of not less than 25% of the total voting membership
or …….voting members, whichever is the lesser, and may be
called at anytime by order of the Committee. The notice in
writing shall be given to the Secretary setting fourth the
business that is to be considered. The Special General
Meeting shall be convened within…….weeks/months from
receiving this request to convene the Special General Meeting.
If the committee does not within……… months after the date
of receipt of the written request proceed to convene a Special
General Meeting, the members who requested for the Special
General Meeting shall convene the Special General Meeting by
giving ……..days/weeks’ notice to voting members setting
fourth the business to be transacted.
ARTICLE 12
CO-OPTION
The Executive Committee may, from time to time and for such
period as it shall in each case determine, co-opt any person
whose advice or assistance it requires, but no such person
shall vote on any question before a meeting of the Executive
Committee nor shall such a person count the purpose of
constituting a quorum of the Executive Committee.
ARTICLE 13
SUB-COMMITTEES
The governing body or the Executive Committee shall be
empowered to appoint sub-committees to carry out specific
tasks of the association. The sub-committee shall carryout
functions as delegated by the Executive Committee and shall
report periodically.
ARTICLE 14
QUORUM
The Quorum in all meetings shall be…….percent (……%) of
the total membership.
ARTICLE 15
ADJOURNMENT
Society/Club accepts fully that when their
business is not finished, they have the right to adjourn the
meeting for …… days/weeks, where upon the meeting will
resume.
ARTICLE 16
AUDIT AND FINANCIAL YEAR
a) The committee shall prepare an audited statement of
accounts to be presented at the annual general meeting.
b) The committee:
i) Will be required to audit each year's accounts and present a
report to the Annual General Meeting.
ii) May be required by the Chairperson to audit the Society’s
accounts for any period within their tenure of office at any
date and make a report to the Committee.
ARTICLE 17
NO CONFIDENCE
There shall be a vote of no confidence in the event the
majority of members are aggrieved or at variance with the
executive committee or member of the committee. In that
regard the Executive Committee or the member in question
shall vacate the office in favour of his/her deputy or some
other person nominated by the general membership.
Where the out voted member is a Committee member, the
following steps shall be taken:i) The above member shall be expected to hand-in all the
properties of the Society to the Executive Committee.
ii) The Society at its meeting, shall therefore elect a new
member to fill his/her vacancy.
ARTICLE 18
DISCIPLINE
The club/society shall have a Disciplinary Committee, which
shall attend to all matters of misconduct by club members.
This Committee shall recommend upon hearing the matter,
the gradation of punishment or sanctions to mete out to an
offending member. A member aggrieved by the decision of the
Disciplinary Committee shall appeal to the Executive
Committee. Any member aggrieved by the Executive
Committee’s decision shall appeal to the Disputes and
Appeals Committee.
ARTICLE 19
SETTLEMENT OF DISPUTES AND APPEALS
i) There shall be a Disputes and Appeals Committee
which comprises of
from the general members.
members selected
ii) The Committee shall handle appeals from the
implementation of disciplinary measures.
ARTICLE 20
AMENDMENT OF THE CONSTITUTION
No alteration or addition/deletion to this Constitution shall
be made except at a general meeting and with the consent of
………….. (percentage/fraction) of the voting members present
at the General Meeting, and they shall not come into force
without written approval from the Registrar of Societies.
ARTICLE 21
DISSOLUTION, DISPOSAL OF ASSETS AND LIABILITIES
The general meeting shall decide on the dissolution of the
society’s assets. A majority of 75% of the total membership is
required to give consent for the dissolution of the society.
Upon dissolution, the certificate of registration should be
returned to the office of Registrar of Societies for cancellation.
In the event of the Society being dissolved as provided above,
all debts and liabilities legally incurred on behalf of the
Society shall be fully discharged, and the remaining funds
shall be donated to an approved charity or charities registered
in Botswana.
A Certificate of Dissolution shall be given within seven (7)
days of the dissolution to the Registrar of Societies.
ARTICLE 22
GENERAL BODY
The general body is empowered to approach the Executive
Committee if necessary and ask for general meeting where
they are entitled to put their deliberations about their
dissatisfaction about the head of the club/society/officebearer, any member of the Executive/a member or any other
smatter affecting the club/society. The majority’s decision
shall be binding, they may discipline or expel anyone from the
club if they so wish, provided that does not in any way
contravene the provision of any law in Botswana.
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