CONSTITUTION
OF
LAMOSA
LAND ACCES MOVEMENT OF SOUTH AFRICA
PREAMBLE
We, the Rural dispossessed people of South Africa have borne the brunt of colonial,
apartheid and Bantustan regimes forced evictions from our land, destruction of our
homes, abject apartheid poverty and starvation. Oppression, exploitation and abuse of
farmdwellers. We have suffered from the migrant labour systems that have resulted in
the collapse and destruction of the African family structure and life.
Our communities are starving because of high unemployment and exploitation of labour
by the minority capitalists. We have seen our children stunted in every sense, because
of the lack of food, safe water, sanitation, shelter and energy. We lack basic needs such
as access to health, education, Libraries, information and communications facilities and
services.
We have seen the quality of our lives deteriorating due to lack of access to our ancestral
land, we have seen commercial farmers poising our lands and natural resources through
the extensive use of chemicals, our land is mined by capitalists and our mineral rights
have being taken.
We have seen the land reform restitution processes failing to readdress land
dispossession, the redistribution processes failing to meet the needs of population
growth and land needs of future generations, the security of tenure processes failing to
secure full land rights.
We have seen the shift from implementing transformational and progressive
development as enshrined Reconstruction and Development Programs policy framework
the constitution and the bill of rights. We are saddened by the discrimination in meeting
basic needs e.g. construction of RDP houses in urban townships.
Given these experiences, we are committed to, and have come together to fight for
transformational and progressive land reform processes in South Africa.
Transformational and progressive land reform processes mean and embrace –
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Restoring land to its proper owner/s; and through
Redistribution address and meet population growth and future generations
land needs;
Reconciliation and Reparation for apartheid injustices, loss of wealth and
addressing the skewed distribution of wealth and skills;
Access to interest free capital, industrial and agricultural extension services;
Access to skills development programs;
Meeting of basic Human Rights and/or Needs
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Furthermore we adopt the rural development charter and demand that Integrated Rural
Development Programs focus on Community Economic Development.
Twelve years since the establishment of our organisation, our communities are worse
off; we commit our selves once more to advocate and fight for restoration of our land,
and equitable redistribution of the 87% of our land in the hands whites capitalist’s
racists.
1. NAME
1.1
The name of the organization is: LAND ACCESS MOVEMENT OF SOUTH
AFRICA.
1.2
The shortened form of the name of the organisation is LAMOSA
Hereinafter referred to as the organisation.
2. BODY CORPORATE
LAMOSA shall:
2.1
Exist in its own right, separately from its members.
2.2
Continue to exist even when its membership changes and there are different
office bearers.
2.3
Be able to own property and other possessions, and
2.4
Be able to sue and be sued in its own name.
3. VISION
LAMOSA vision is to see self-sufficient families by the year 2010 engaged in
sustainable livelihoods collective activities, responding to the needs of their
community and pursuing a shared vision for transformational and progressive
collective actions aimed at creating and growing sustainable and prosperous
communities.
4. MISSION
LAMOSA mission is to combat poverty through advocacy, facilitating and creating
opportunities to empower poor people to access land rights and help themselves
through facilitation and promotion of Community Economic Development (CED)
programs.
5. DEVELOPMENT OBJECTIVES
LAMOSA purpose is to work in partnerships with its affiliates and poor rural
communities their organisations, social entrepreneurs and their enterprises, social
movements, faith organisations, public and private development institutions and
agents to empower people through People Centred Development (PCD)
interventions that are aimed at enhancing and growing people capacities, abilities,
knowledge, and knowhow which gives the poor control over their lives and
increases their ability to mobilise sufficient development resources and pursue a
better quality of life and prosperity.
LAMOSA role is to grow, empower and nuture community based Leadership,
build and strengthen institutional effectiveness and capacity of Community Based
Organisation (CBO), social movements and enterprises amongst those
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communities working towards eliminating social injustices, ensuring social stability
through building a positive attachment to a culture of substantive democracy and
values.
6.
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VALUES
Accountability and transparency to all our members and partners;
Economically, efficient use of resources and self-reliance;
People active involvement and participation;
Collective transformational and progressive social, economic, political and cultural
actions;
 Promote and ensure gender equality and active participation and involvement of
vulnerable groups especially physically challenged people in all our activities;
 Preservation and conservation of natural, cultural and artistic heritage;
 Sustainable and replicable projects; and
 Culture of Democracy
7. INCOME AND PROPERTY
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
LAMOSA will keep a record of its assets and liabilities.
Office bearers, Board members, Regional or Provincial committee members
serve on voluntary basis and shall not be paid for serving on LAMOSA board
and committees.
LAMOSA may not give any of its money or property to its members or office
bearers.
The only time it can do this is when it pays for work that a member or office
bearer has done for LAMOSA the payment must be a reasonable amount for
the work that has been done.
A member or office bearer can only get money back from LAMOSA for the
expenses that she/ he has paid for or on behalf of LAMOSA
Members, office bearers and employees of LAMOSA do not have personal
rights over the property and assets that belong to LAMOSA
If LAMOSA has funds that can be invested, the funds may be invested with
registered financial institutions or LAMOSA can get securities that are listed
on a licensed stock exchange as set out in the stock exchange control act,
1985.
LAMOSA will always go to different banks or reputable financial advisors to
seek advice on the best way to look after its funds.
A separate investment account shall be kept for all income from membership
fees, books and reports and sales of LAMOSA memorabilia
8 MEMBERSHIP
Membership shall opened to individuals, communities, landless people who want
to access land and agrarian rights and organisations working towards eliminating
poverty, social injustices, ensuring social stability through building a positive
attachment to a culture of substantive democracy. Membership of LAMOSA shall
be divided into four categories:
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8.1.1 Patrons: Patrons of LAMOSA and founding members shall be the “Think
tank” that contribute towards shaping and build LAMOSA and shall be responsible
for assisting in seeking, acquiring and attracting development resources LAMOSA.
8.1.1.1
Patrons may be invited to LAMOSA AGM as advisors or
observers with no voting powers.
8.1.1.2
Patrons may be co-opted to the Board of Directors or Provincial
Structure to give technical support and have no voting powers
8.1.1.3
Patrons may be used for arbitration, mediations matters by
LAMOSA.
8.1.1.4
Patrons and founding members meet annually to plan for
attracting resources to the organisation.
8.1.2 Affiliate membership: Dispossessed and landless Communities, Rural
Community Based Organisation and collective enterprises shall be granted
affiliate membership.
8.1.2.1 Each affiliate member shall be represented by three elected
members on the constituency assembly and/or Annual General
Meeting;
8.1.2.2 Each affiliate member shall pay an annual membership fee of
R350.00 per annum
8.1.2.3 Paid up affiliate members shall be represented by two
representatives at the annual General Meeting with full voting powers
8.1.2.4 Affiliate member communities and/or organisations shall be
responsible for collecting individual memberships fees from its
constituency on Behalf of LAMOSA and keep a membership list of its
members.
8.1.3 Individual members: Individual membership shall be opened to
community members who are members of an affiliate organisation.
8.1.3.1.1 Each individual member belonging to a community affiliate
organisation shall pay an annual membership fee of R50.00 per
annum;
8.1.3.1.2 Individual of Household membership shall pay an annual fee of
R50.00 per annum.
8.1.3.3 Paid up individual members shall have full voting powers at the
AGM
8.1.3.4
Only paid up individual members shall attend training courses and
events sponsored by LAMOSA
8.1.4 Associate membership: Service provider’s organisations and individuals
that provide services to LAMOSA members shall be granted associate
membership status.
8.1.4.1 Each associate member shall pay an annual membership fee of
R100.00 per annum
8.1.4.2 Paid up Associate members shall be represented by one
representative
Per Province on the constituency assembly and/or Annual General
Meeting with full voting powers
8.1.5 If an individual, community or organisation wants to become a member of
the organization, an application for membership shall be lodged with the
management committee.
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8.1.6
The management committee has the right to either refuse or accept this
application for membership.
8.1.7 Application for membership will be by individual application or group
affiliation.
8.1.8 Members of LAMOSA must attend its Annual General Meetings (AGM). At the
annual general meeting, members exercise their right to determine the
policy of the organization.
8.1.9 Members who resign or whose membership have been terminated by the
network will not be entitled to benefits of membership;
8.1.10 Members who fail to pay annual membership fees will not be entitled to
benefits of membership;
8.1.11 Members whose membership have being terminated by the governing Board
may appeal to the Annual General Meeting to be reinstated
8.1.12 LAMOSA shall not affiliate or owe allegiance to any political organisation or
party, but does not restrict its members from becoming members of a
political party. However, request of support from such a party and/or
organisation may be made. Any party and/or organisation that have an
interest in the affairs of LAMOSA may on application and approval of a
general meeting be given an observer status only.
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ANNUAL GENERAL MEETINGS (AGM) and/or CONSTITUENCY ASSEMBLY
The Annual General Meeting shall be held once a year towards the end of LAMOSA
Financial year.
The AGM will deal with the following primary business, amongst others:
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Agree to the items to be discussed on the agenda
Write down who is there and who has sent apologies because they cannot attend.
Read and confirm the previous Annual General Meeting minutes.
Receive and consider the Chairperson's report.
Receive and consider the secretary’s report.
Receive and consider the Financial reports
Receive and consider the Executive Directors report.
Amend the constitution if necessary.
Develop a program and framework for LAMOSA activities during the coming year.
Biannually elect new office bearers.
10 Elections
10.1 Elections of office bearers at all level of LAMOSA structures (National, Provincial
and District levels) and affiliate members shall be held biannually at a Annual
General Meeting (AGM) and/or constituency assembly or at a special meeting
supported by 75% members of the Board members or three provincial
structures.
10.2 The board of LAMOSA shall appoint an independent individual or organisation to
conduct free and fair elections.
10.3 Election shall be by secret ballot
10.4 Regional and provincial elections shall elect office bearers and additional
members
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10.5 National elections for board members shall elect office bearers only (Board
member are Chairpersons and Secretaries of Provincial Structures (8) and
women and youth structures (4) representatives. and co-opted
members.(Maximum 4)
10.6 Nomination for board office bearers must be made and submitted to officials
running the elections before the start of the AGM
10.7 Nominations from the floor for board office bearers must be seconded by a
minimum of 20% of AGM participants
10.8 Nominations for board office bearers must be seconded by four affiliate
organisation
10.9 Each province will appoint three election observers who would serve as elections
observers and report to the AGM on their findings on free and fair elections.
11. GOVERNANCE AND MANAGEMENT
11.1
11.2
11.3
The Board of Directors will oversee the affairs of LAMOSA.
The board of Directors meets quarterly.
6 members need to be at the Board meeting to take decisions. This
constitutes a quorum.
11.4
The Board of Directors shall consist of elected chairpersons and Secretaries of
Provincial structures (8), Chairperson and Secretaries of women and Youth
National structures (4) the Executive Director and not more than four co-opted
professional and/or technical advisors who have no voting rights.
11.5 .The elected office bearers shall be the Chairperson, Deputy Chairperson,
Secretary, Deputy Secretary and Treasurer
11.6 Board members will serve for two years, but they can stand for re-election for
Another term in office after that. Depending on what kind of service they give
to organization, they could stand or be re-elected into office repeatedly. This is so
long as their services are needed and they are ready to give their services voluntary.
11.7 If a member of the Board does not attend three meetings in a row, without
having applied for and obtaining leave of absence from the Board, then the Board
will find a new member to take that person's place.
11.8 The Board will meet at least once bimonthly. Minutes will be taken at
every meeting to record Board decisions. The minutes of each meeting
will be given to Board at least two weeks before the next meeting. The
minutes shall be confirmed as true record of proceedings, by the next
meeting of the Board, and shall thereafter be signed by the chairperson.
11.9 The Secretary is responsible for taking minutes of Board meetings.
11.10 As the second highest organ of the organisation has the right to lead,
directs the work of LAMOSA, and co-opts not more than two additional
members at any time during its term of office.
11.11 Board shall order yearly auditing of its books and control of funds.
11.12 The Governing Board shall employ a Executive Director, the Director has to
employ staff
11.13 At each Board meeting the Executive Director shall present quarterly reports,
planned activities and financial projections for the following period.
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11.14 LAMOSA has the right to form the sub-committees herein referred to as
Management Committees (ManCom). Management Committees are established to
implement decisions of the Board. Management committees may make
recommendation to the board.
11.14.1 A Management Committee (AdmManCom) consisting of not less than
three Board members and the Executive Director shall assist and support
the Executive Director in executing Office Administration, Financial and
Human Resources Management, organisation – state of provincial and
affiliate structures and membership.
11.14.2 Program Management Committee (ProManCom) consisting of not less
than three Board members and the Executive Director shall assist and
support the Executive Director in the development and executing of
LAMOSA program.
11.14.3 Both Committees are responsible for program development, self-reliance
and fundraising.
11.14.4 Both Committees are responsible for submitting quarterly reports and
projections to the Board.
11.10.5 Management Committees meet at least bimonthly or as required.
11.10.6 2 members form a quorum at a management meeting.
11.10.7 Minutes will be taken at every management meeting to record
proceedings. The minutes shall be confirmed as true record of
proceedings, by the next meeting of the ManCom, and shall thereafter be
signed by all members of the ManCom..
11.10.8 Minutes of each ManCom meeting will be consolidated to the Executive
Director’s Quarterly report which must be given to Board at least 7 days
before the Board meeting.
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DUTIES OF OFFICE BEARERS
12.1 Chairperson
The Chairperson, as the leader of the organisation, chairs all Board meeting that the
chairperson must attend. The chairperson must:
12.1.11. Ensure that that all members stick to the rules and procedures that are in
the constitution.
12.1.12. work collective and democratically with other team members;
12.1.13. Serve as ex-office on sub-committee, Being ex-officio means she or he can
attend all the organisation’s meetings and take part in discussions but when it
comes to voting on issues in the sub committees she or he may not vote.
12.1.14. Ensures that the Annual General Meeting takes place;
12.1.15. See that annual audit occurs and that the annual report is written.
12.2 Deputy Chairperson
The vice-chairperson takes over the chairperson’s tasks and duties when she or he is
not available. The vice-chairperson should keep in close contact with the
chairperson.
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The vice chairperson must:
12.10.5 Take on duties and functions that have been delegated on him or her
12.10.6 Serve as ex-officio on sub committees.
If both the chairperson and the vice –chairperson do not attend a meeting, then the
Board members must elect a chairperson from amongst themselves for that meeting.
12.3 Treasurer
The treasurer must ensure that proper policies and procedures of administration of all
monies that come to, and spent by LAMOSA This includes for example, membership
fees, donations and monies raised from fund raising are in place and operational.
The treasurer must ensure through the Executive Director that:
12.3.1 Proper records of what LAMOSA receives are kept, and of what it spends;
12.3.2 Keep a proper records of members and donors;
12.3.3 Pay organisational accounts;
12.3.4 Be responsible for collecting membership fees from all members;
12.3.5 Makes sure that the organisation does not spend more than it have;
12.3.6 Prepare quarterly financial projections for board meetings; and
12.3.7 Prepare LAMOSA annual financial statements to present to the Annual
General Meeting
12.3.8 The Treasurer is responsible for fundraising and collecting of membership
fees
12.3.9 The treasures must ensure that a Finance, Administration and Human
Resources Management Committee is established by the Board
12.4 Secretary
The Secretary is responsible for making sure that the LAMOSA administration runs
smoothly. The Secretary must work closely with the Chairperson, vice chairperson,
Treasurer and Executive Director.
The Secretary must ensure that:
12.4.1 Proper records and minutes of all meetings are kept;
12.4.2 All correspondence that the organisations receives and sends is dealt with;
12.4.3 Notices of all meetings of LAMOSA and quarterly reports are sent to all boar
members at least seven days before a scheduled meeting;
12.4.4 Working with provincial secretaries Organises, establish and build affiliate
organisation and provincial structures;
12.4.5 Does other duties that she or he may be asked from time to time;
12.4.6 An appropriate venue for the meeting is prepared
12.4.7 Work with provincial secretaries to build organs of LAMOSA
12.4.8 Delegates the orgnisation fiction to the Deputy Secretary
12.5Deputy Secretary
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The Deputy Secretary will be in charge of doing the secretary’s duties when she or he
is not available.
12.5.1 The deputy Secretary organises and build the organs of LAMOSA
12.5.2 Ensure the membership lists at all level of LAMOSA are accurate and up to
date
12.5.3 Ensures that membership fees are paid by all members
12.5.4 Assists with the organisation of LAMOSA events and activities
13 EXECUTIVE DIRECTOR
The Executive Director will work hand in glove with the Chairperson, all officials and
Management Committees in implementing the mandate of the AGM, and is
responsible for:
13.1 Leading and directing the organisation to accomplish its mission and
objectives.
13.2 Creating a framework for effective governance.
13.3 Developing the governing Board members and staff.
13.4 Ensures that the mandate of the AGM is implemented and accomplished
13.5 Assisting the Board members in executing their duties and other
responsibilities through the staff of the organization.
13.6 The Executive Director will represent the organisation in all legal actions of
the organisation and those instituted against the organization.
13.7 The Executive Director acts as the public relations officer of LAMOSA
13.8 Appointment of Auditors and preparations of yearly reports.
13.9 The Executive Director shall be responsible for employing and managing staff
of the organisation.
13.10 Fund raising, accessing, unblocking and attracting other local and
international development resources to LAMOSA.
13.11 Marketing, communication and public relation activities of LAMOSA.
13.12 Safe keeping and protection of LAMOSA assets, knowledge and information.
13.13 Program development, implementation and monitoring
13.14 Ensures that management systems, policies and procedures are in place and
adhered to.
13.15 Creating an enabling environment for a culture of democracy and tolerance to
diversity
13.16 Linkages and Networking
13.17 Knowledge management.
14 POWERS OF THE ORGANIZATION
The Board of directors shall have power and authority they believe it is required to be
able to achieve the objectives of the organization as stated in point number 2 of this
constitution. Its powers shall include among others:
14.1 The power and authority to raise funds or to invite and receive contributions.
14.2 The powers to buy, hire, or exchange any of the property that it needs to
accomplish its objectives.
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14.3 The right to make regulations for proper management, including procedure for
application, approval or termination of membership
14.4 Decide on the powers and functions of office bearers.
14.5 The power to appoint and discipline the executive director.
14.6 The power to establish a disciplinary proceeding against those
Members and staff who commit breech the code of conduct.
14.7 The power and authority to establish relationships with those organisations
sharing similar ideas, aims and objectives with this organization.
15 MEETINGS AND PROCEDURES
15.1. The Board of Directors must hold at least four ordinary meetings each year.
15.2. The chairperson in conjunction with the secretary can call a special meeting
if they if they are notified by any four committee members at least thirty days
(30) before such meeting, But these two must let other management committee
members know the date of the proposed meeting not less than twenty one (21)
days before it is due to take place. They must also tell the other members of the
committee which issues will be discussed at the meeting. If,however, one of the
matters to be discussed is to appoint a new management committee members
not less than sixty (30) days notice.
15.3. The chairperson shall act as the chairperson of the management
committee. If the Chairperson does not attend a meeting, then members of the
committee who are present will choose which one of them will chair that
meeting. This must be done before the meeting starts.
15.4. There shall be a quorum whenever such a meeting is held.
15.5. When necessary, the management committee will vote on issues. If the
votes are equal on an issue, then the chairperson has either a second or a
deciding vote.
15.6. Minutes of all meetings must be kept safely and always be on hand for
members to consult.
15.7. If the management committee thinks it is necessary, then it can decide to
set up one or more sub-committees. It may decide to do this to get some work done
quickly. Alternatively, it may want a sub-committee to do an inquiry, for example. There
must be at least three people on a sub-committee. The sub-committee must report to
the Management committee on its activities. It should do this regularly.
16 FINANCE
16.1. The Board of Directors shall appoint the accounting officer/auditor. His/her
duty is to audit and check on the finances of LAMOSA.
16.2. The Finances of the organisation shall be kept in a bank account and all
transactions shall be conducted by means of a banking account;
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16.3. Whenever funds are taken out of the bank account, the Executive Director
and at least one of the other three signatories will sign cheques for any
withdrawal.
16.4. The financial year of the organization shall be December of one year to
the 28 January of the following year.
16.5. LAMOSA accounting records and reports must be ready and handed to the
Director of Non-profit Organizations within six (6) months after the financial yearend.
16.6. If LAMOSA has funds that could be invested, the fund may only be invested
with registered Financial Institution. These institutions are listed in section one
(1) of the Financial Institutions (Investment of Funds) Act, 1984. The Centre can
also get securities that are listed on a licensed stock exchange as set out in
the Stock Exchange ControlAct.1985. The organization can go to different
banks to seek advice on the best way to look after its funds.
17 OFFICE BEARERS LIABILITY
17.1. Office bearers or members of LAMOSA shall not become liable for any of the
obligations and liabilities of the organisation solely by virtue of their status as members
or office bearers of the organisation.
17.1.1. Office bearers shall not be personally liable for any loss suffered by any
person as a result of an act or omission which occurs in good faith while
the office bearer is performing function for or on behalf of LAMOSA
18 CHANGES OF THE CONSTITUTION
18.1.
The constitution can be change by a resolution. The resolution has to be
agreed upon and passed by not less than two thirds of the members who
are at the AGM or special general meeting. Members must vote at this
meeting to change the constitution.
18.1.1. Two thirds of the members shall be present at a meeting ("the
quorum") before a decision to change the constitution is taken.
Any annual general meeting may vote upon such a notion; if the
details of the changes are set out in the notice referred to in 9.2
above.
18.1.2. A written notice must go out not less than fourteen (14) days
before the meeting at which the changes to the constitution are
going to be proposed changes to the constitution that will be
discussed at the meeting.
18.1.3. No amendments may be made which would have the effect of
making the centre cease to exist.
19. DISSOLUTION
19.1.
The organization may close down if at least two-thirds of the members
present and voting at the meeting convened for the purpose of
considering such matter, are in favour of closing down.
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19.2.
19.3.
When LAMOSA closes down it have to pay off all its debts. After doing
this, if there is property or money left over it should no be paid or given
to members of the LAMOSA It should be given in some way to another
non-profit organisation that has similar objectives.
The Board of Directors of the organization will decide what LAMOSA
these should be.
20. ADOPTION OF THE CONSTITUTION
This constitution was approved and accepted by founding members of LAMOSA at the
annual General Meeting October 2003.
---------------------------------------------Chairperson
Hezekiel M Maredi
----------------------------------------Secretary
Sophy Phoshoko
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Appendix 1
LAMOSA ORGANISATIONAL STRUCTURE
COMMUNITIES
Affiliate
Organisations
Patrons and
Founding
members
Individual
members
and/or
Affiliates
Organs
of
LAMOSA
Associate
members
Constituency Assembly
Annual General Meeting
Biannual General Meeting
Finance
Management
Committee
Management Committee
and/or
Governing Board
Program
Management
Committee
Executive Director
Finance and
Administration
Officer
Field Operations
And
Affiliate Services
Manager
Program Research
and
Development
Manager
Women
Structure
Lipompo
Provincial
Committee
NorthWest
Provincial
Committee
Mpumalanga
Provincial
Committee
Youth
Structure
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