CONSTITUTION for the COMMUNITY POLICING  FORUM

1 NAME : The name of the structure shall be the WESTVILLE COMMUNITY POLICING FORUM

1.1 FORUM (herein later referred to as the Forum).
1.2 In the Constitution, words importing the singular shall include the plural and vice-versa. Words importing the masculine gender shall include the other genders and vice-versa and words importing companies shall include persons and vice-versa.

2. AIMS AND OBJECTIVES:
The Forum shall:-

2.1 Establish and maintain a partnership between the Police and the Community.

2.2 Jointly identify, prioritize and solve problems related to crime, disorder, fears, poor Police Community Relations and service delivery.

2.3 Promote Police Community Relations by addressing factors that are causing dysfunctional perceptions and attitudes, such as corruption and poor quality of service that the police are rendering.

2.4 Promote communication between the police and the local community.

2.5 Develop ways and means to promote police transparency and accountability.

2.6 Encourage and promote objective and fair media coverage of the policing activities.

2.7 Promote respect for Human Rights within the ranks of the Police and the Community.

2.8 Negotiate and co-operate with any other institution at local level, in promoting the interest of the SAPS and its members.

2.9 Promote co-operation with business and all other organized interest groups in the area, and encourage joint action in issues of mutual concern.

2.10 Evaluate, visible policing which include:-

· the procurement, positioning and staffing of police stations;
· the receiving and processing of complaints and charges;
· the provision of protection services at gatherings;
· the patrolling of residential and business areas;
· the prosecution of offenders.


2.11 Develop mutual understanding of a cross-cultural level.

2.12 Propagate a change in attitude within the community

2.13 Promote co-operation between the South African Police Service and the fulfillment of the needs of the local community in general and regarding policing.

3. MEMBERSHIP
3.1 Membership of the Forum shall be open to all members of the community residing, own property or working within the area of Westville Police Station and shall be non racist, non sexist and there shall be no discrimination whatsoever against any person.

3.2 These members shall be voluntary and representative of all people being served by the Westville Police Station and local interests groups (organizations).

3.3 In terms of section 19(3) of the South African Police Service Act, 1995 (Act No 68 of 1995) the Station Commissioner and members designated by the Station Commissioner from time to time for that purpose, shall be members of the Police Community Forum.

3.4 No membership fees shall be payable.

4. DUTIES AND FUNCTIONS OF MEMBERS
The duties and functions of members of the Forum shall be:-

4.1 To perform such actions as may be necessary to realize the aims and objectives mentioned in paragraph 2 here above.

4.2 To encourage every member of the community and the police to take part in activities of the Forum.

4.3 To give input for formulation of Policing Policies, needs and priorities.

4.4 To support the Provincial and National Policing objectives and priorities.

4.5 To improve delivery of police service to the community.

4.6 To strengthen the partnership between the community and the Police.

4.7 To promote joint problem identification and problem solving.

4.8 To ensure police accountability and transparency.

4.9 To ensure consultation and proper communication between the police and the community.

5. MANAGEMENT
5.1 The Forum is managed by an Executive Committee which will be elected at Biennial General Meetings and be compiled as follows:-

5.1.1 A Chairperson, who may not be a member of the Police Service.

5.1.2 A Vice-Chairperson, who may be a member of the Police Service.

5.1.3 A Secretary/Treasurer who may be a member of the Police Service.

5.1.4 A minimum of seven additional members.

5.1.5 The Station Commissioner or Acting Station Commissioner or his delegate, in an ex officio capacity.

5.1.6 EXECUTIVE COMMITTEE:-

5.1.6.1. Any committee member shall relinquish his position on failing to attend three (3) consecutive meetings without reasonable cause.

5.1.6.2 The Executive Committee may remove from office, any executive officer who has brought the Forum into disrepute, when 50% plus one of the Executive Committee in session so decides.

5.1.6.3 In special circumstances the Chairperson shall co-opt a member to the Executive Committee upon termination of the membership of any member, with the prior approval of the Executive Committee. Such Co-opting to be advised to the Forum at the following meeting.

5.1.6.4 The Executive Committee may appoint an Auditor to examine the financial affairs of the Forum.

5.1.6.5 If any office-bearer of the Executive Committee does not attend more that 70% of the scheduled meetings during his two years of service, he will automatically become ineligible for a re-election.

6. MEETINGS
6.1 ANNUAL GENERAL MEETING

6.1.1 An Annual General Meeting, which is to be attended by the members of the Forum, Community and other interested group, will be convened annually after notice in writing was given at least twenty one (21) days in advance by the Secretary.

6.1.2 Annual General Meeting shall:

1. Consider and make proposals to the Area Boards
2. Receive, discuss and adopt the Executive Committee’s report on the work of the Forum.
3. Discuss and draft resolutions on local matters pertaining to overall policy objectives of community policing.
4. Elect the Executive Committee as set out in paragraph 8.1.7.

6.2 SPECIAL GENERAL MEETING

6.2.1 The Forum may instruct the Secretary to convene a Special General Meeting to discuss and rule on special matters.

6.2.2 The Secretary must on written request from at least ten (10) members of the Forum of which at least 50% has to be non office bearers, convene a Special General Meeting to discuss and rule on issues stated clearly by the members concerned.

6.2.3 Requests for a Special General Meeting must reach the Secretary at least one (1) month prior to the envisaged meeting. The Secretary will then notify members of the Forum of such a meeting at least twenty one (21) days in advance. Notice of such a Special General Meeting will specify the purpose of the proposed matters to be dealt with at the meeting and may include notices for reviewing and revoking any of the resolutions passed at an Annual General Meeting or a Special General Meeting.

6.2.4 No resolution of ruling mentioned in paragraph 6.2.3 can be revoked or amended by such a Special Meeting unless total consensus in reached.

6.3 MEETING OF THE FORUM

The Forum General Meeting consisting of representatives from the local community shall be held at least once a month and may:-

6.3.1 Adopt campaigns and programs for the Forum.

6.3.2 Receive and consider reports from the Executive Committee.

6.3.3 Consider and implement directives and feedback from the Area Board.

6.3.4 Make submissions and give input to the Area Board.

6.3.5 Receive reports on the state of policing within the area of the Westville station.

6.4 EXECUTIVE COMMITTEE MEETING

6.4.1 The Executive Committee of the Forum will convene at least once a month to discuss and rule on matters relating to the management of the Forum.

6.4.2 All resolutions at Executive Committee Meetings are passed by means of consensus.

6.4.3 When the Chairperson is absent for whatever reason from the Executive Committee Meeting, the Vice-Chairperson will chair the meeting.

7. QUORUM
7.1 ANNUAL GENERAL MEETING AND SPECIAL GENERAL MEETING

7.1.1 At least 50% plus one of the Forum profile, plus the Station Commissioner or his delegate shall constitute a quorum.

7.1.2 If a quorum is not present at the convening of a scheduled meeting, the meeting will be adjourned

7.2 EXECUTIVE COMMITTEE MEETINGS

7.2.1 At least 50% plus one of the Executive Committee, including the Secretary and the Chairperson and Vice-Chairperson, constitutes a quorum at an Executive Committee Meeting. If within 15 minutes of the time appointed for such meeting a quorum is still not present, the meeting shall continue as if a quorum was present.

8. MEETING PROCEDURES
8.1 ANNUAL GENERAL MEETING (To be held within eight weeks after the closure of the financial accounts).

The following procedure must be adhered to at an Annual General Meeting.

8.1.1 Reading the notice according to which the meeting was convened

8.1.2 Reading the validation of the minutes of the previous Annual General Meeting and the minutes of Special General Meetings if any such meetings were called since the convening of the previous Annual General Meeting.

8.1.3 The discussion of any issues arising from the minutes mentioned in clause 8.1.2.

8.1.4 Reading and consideration of the Chairperson’s annual report.

8.1.5 Reading and consideration of the financial statement.

8.1.6 Discussion and consideration of issues put on the Agenda for deliberation of the Annual General Meeting as mentioned in paragraph 6.1.2.

8.1.7 Elect from nominations received the Executive Committee of the Forum. (Only at Biennial Meetings).

8.1.7.1 Executive Committee – The new Executive Committee elected in terms of clause 8.1.7.2 shall meet at the conclusion of the Biennial General Meeting, elect a Chairperson, Deputy Chairperson and Secretary who will immediately thereafter take up their office.

8.1.7.2 Election of Executive Members – Executive officers shall be nominated by the Forum. Such nominations shall be forwarded to the Secretary by no later than thirty (30) days before the date of the Biennial General Meeting. The Forum shall at the Biennial General Meeting elect from nominations received at least ten (10) members to serve on the new Executive Committee and the elected members shall hold office for two (2) years.

8.2 MEETING PROCEDURES

8.2.1 Meetings shall be conducted in terms of general accepted procedures and practices relating to meetings in general.

8.2.2 Silence should be kept during meetings and members may not leave their seats without the permission of the Chairperson.

8.2.3 Members shall obtain permission from the Chairperson to speak, by putting up their hands.

8.2.4 Members should, at all times when they have the floor, address the Chairperson and irrelevant matters should not be discussed – only subjects for consideration.

8.2.5 When the meeting or people in the meeting are addressed, the formal form of address shall be used, e.g. Mr., Mrs., etc.

8.2.6 When a member becomes guilty of poor conduct, it is the responsibility of the Chairperson to excuse the guilty person from the meeting.

8.2.7 No unnecessary disturbances will be tolerated, but a representative may interrupt a speaker on a point of order.

8.2.8 With regard to a point of order The Chairperson will make a final decision.

8.2.9 The Agenda of the meeting may be amended by the Chairperson. Additions/omissions may be made. Once the Agenda is adopted no further additions/omissions will be allowed.

9. DUTIES AND POWERS OF THE EXECUTIVE COMMITTEE
The Executive Committee of the Forum will, in executing its executive functions, have the following powers and duties:-

9.1 To set up geographical sub-forums for the effective and efficient managing of the Forum

9.2 To appoint at its own discretion sub-committees and direct issues and allocate tasks to these committees, and co-opt members of the Forum to serve on these bodies.

9.3 To maintain and supervise efficient control over members and the administration of the Forum.

9.4 To accept, investigate consider and rule on grievances or hints received regarding the activities of the Forum.
All the actions by the Executive Committee or any of its members on the bona fide performance of their duties will be regarded as if performed by the entire Forum.

9.5 The Executive Committee will on a day-to-day basis be empowered to make necessary urgent rulings.

10. DUTIES OF THE SECRETARY
The Secretary has the following duties:-

10.1 To take minutes in accordance with the provisions of this constitution.

10.2 To receive and dispatch correspondence to and from the Forum.

10.3 To arrange all meetings

10.4 To safe keep all official documents of the Forum.

10.5 To further the interests of the Forum as instructed by the Executive Committee.

10.6 To perform all duties usually associated with the office of the Secretary.

10.7 The Secretary is by virtue of his office, a member of all committees and sub-committees of the Forum, whether such a committee is temporary or permanent, elected or nominated.

11. DUTIES OF THE CHAIRPERSON
11.1 Shall preside over meetings of the Forum.

11.2 Shall liaise with the Area Board.

11.3 Shall present reports of the state of the Forum to the general meetings.

11.4 Shall supervise all works of the Forum in conformity with the constitution and rules of procedures agreed upon by the Forum.

11.5 Shall report regularly to the Area Board and Provincial Board.

11.6 Shall relinquish his position as Chairperson in the event of him being elected to the Executive of the Area Board. He should however regularly attend meetings of his local Forum. Par 8.11 of the Area Board Constitution refers.

12. FINANCIAL MANAGEMENT COMMITTEE
The Financial Management Committee shall be a body appointed by the Executive Committee and shall consist of four (4) persons in number, one of which shall be the Secretary of the Executive Committee with the function of Secretary/Treasurer. It shall have the following vested powers approved by the Executive Committee and in compliance with “The Act”.

12.1 To manage the financial affairs of the Executive Committee between meetings.

12.2 To raise funds in the Greater Durban Metropolitan Area for projects as determined by the Executive Committee or the Forum and in accordance with “The Act’.

12.3 No member of the Financial Management or Executive Committee shall have a direct or indirect interest in or benefit from any contract, which the Financial Management Committee may conclude with any company/organization.

12.4 Paid officials of the Forum may serve on the Financial Management Committee in an advisory capacity, but shall have no voting rights.

12.5 The Quorum of the Financial Committee shall be 50% plus one (1).

12.6 Funds available for investment may be invested only with registered financial institutions as defined in section 1 of the Financial Institutions (Investments of Funds) Act, 1984 or in the acquisition of securities listed on a licensed stock exchange as defined in the Stock Exchange Act 1985.

12.7 All decisions of the Financial Management Committee must be submitted to the Executive Committee for approval.

12.8 The Financial Committee shall appoint a Chairperson. Minutes shall be kept of all meetings and such minutes shall be forwarded to the Executive Committee.

12.9 Vacancies that arise on the Committee shall be filled by a person appointed by the Executive Committee.

13 AMENDMENT
This constitution may be amended with the approval of not less than two thirds of the members of the Forum present and voting at an Annual General meeting or a Special General meeting of which at least 14 days notice has been given and such notice shall include the text of the proposed alteration.

14 DISSOLUTION
14.1 The Forum may be dissolved if at least two thirds of the members present and voting at a general meeting convened for the purpose of considering such matter are in favour of dissolution.

Not less than twenty-one days notice shall be given of such meeting and the notice convening the meeting shall clearly state that the question of dissolution of the Forum and disposal of its assets will be considered. If there is no quorum of such a general meeting, the meeting shall stand adjourned for not less than one week and the members attending such meeting shall constitute a quorum.

14.2 If upon dissolution of the Forum there remain any assets whatsoever after the satisfaction of all its debts and liabilities, such assets shall not be paid to or distributed amongst its members, but shall be given to such other organizations preferably having similar objectives.

15. CODE OF CONDUCT
15.1 Members will at all times act in a manner that will uphold and promote the objectives and principles of the Forum as established by the Forum’s Constitution.

15.2 No member may exploit their membership of the Forum to their own personal advantage.

15.3 Members will serve the Forum in an unbiased and objective manner.

15.4 No member shall display racism, nor sexual, nor religious discrimination, nor use any form of abuse to any other person.

15.5 Members shall not divulge to any other person, any confidential or privileged information that they may have acquired as a result of their membership of the Forum.

15.6 Members will not address the media, nor make public announcements, in matters connected to the business of the Forum without the authority of the Forum’s Executive Committee.

15.7 No members shall accept any payment, commission or gratuity in connection with their membership of the Forum, except after being authorized to do so by the Forum’s Executive Committee.

15.8 The Forum will not be aligned to any political party and members shall not use their membership to promote the aims and objectives of any political party.

15.9 Any member who is being prosecuted for a serious offence, or who is on bail for such an offence, shall be temporarily suspended by the Executive Committee until the case has been resolved. Should the member concerned be a member of the Executive Committee, or other office bearer, the member shall cease to hold such office or position, until the case has been resolved.

15.10 Any member who has been convicted of a serious crime, shall be expelled from membership of the Forum should the Executive Committee decide that the member is no longer a fit and proper person to be a member of the Forum.

15.11 In the case of any breach of this Code of Conduct the Executive Committee may expel any member guilty of such a breach should the Executive Committee consider that the person is no longer a fit and proper person to be a member of the Forum.

15.12 Any member who is absent from three executive Forum meetings, without apology or good cause, may be expelled from membership by the Executive Committee.

16 DISCIPLINARY PROCEEDINGS
16.1 FUNDAMENTAL PRINCIPLES

These objects of disciplinary proceedings are to:-

16.1.1 address instances of unacceptable conduct by members of the Forum
16.1.2 effectively manage conflict in the Forum
16.1.3 ensure that before disciplinary steps are taken:-
16.1.3.1.1 a member has a reasonable opportunity to state his or her case; and
16.1.3.1.2 all relevant circumstances are fully and objectively considered before a decision is taken.

16.2 CLASSIFICATION OF OFFENCES

16.2.1 GRAVE OFFENCES

16.2.1.1.1 Any offence aimed at damaging the integrity of the Forum and or destroying its personnel, property, shall be considered as grave offences.

16.2.1.2 A grave offence shall be committed by a person who inter alia:-

16.2.1.2.1 acts with intention to destroy the integrity of the Forum, its personnel, or property;
16.2.1.2.2 sabotages the activities of the Forum;
16.2.1.2.3 creates division within its ranks;
16.2.1.2.4 does any other act calculated to undermine its effectiveness as a Forum;
16.2.1.2.5 act for other organization(s) or groups hostile to the Forum’s policy and principles;
16.2.1.2.6 act for any group or person who wishes to destroy the Forum or prevent it from fulfilling its set aims and objectives.

16.2.2 SERIOUS OFFENCES

16.2.2.1.1 Any violation of the principles of the Forum and standards and behaviour expected of members, which seriously threatens the safety, property or good name of the organization, or which substantially impedes its good functioning, or which creates or is calculated to create demoralization amongst the members, shall be considered a serious offence.

16.2.2.2 Such offences shall include:-

16.2.2.2.1 acting in a way that exposes members to serious physical harm or death;
16.2.2.2.2 deliberately destroying the property of the organization or recklessly exposing it to danger;
16.2.2.2.3 behaving dishonestly in relation to the property of the organization;
16.2.2.2.4 careless passing on information that might be harmful to the working of the Forum;
16.2.2.2.5 abusing office by using one’s position to obtain material or other undue advantage from members of others;
16.2.2.2.6 fighting or behaving in grossly disorderly and unruly ways; or
16.2.2.2.7 committing a serious crime defined by the Criminal Justice System in South Africa.

16.3 SCHEDULE FOR PENALTIES

16.3.1 Reprimand
16.3.2 Suspension
16.3.3 Expulsion

16.4 DISCIPLINARY PROCEDURES

16.4.1 Adjudicating Bodies

The Executive Committee of the Forum or any leadership organ from Area Board shall be the adjudicating body in any disciplinary enquiry.

16.4.2 An accused in any disciplinary matter shall have the right to appeal to a superior organ to the one that heard the case.

16.4.3 An accused person shall not have the right to be represented by a legally qualified person but may be assisted by any other member of the Forum.


Signed at Westville on this day the______________________________________


________________________________ Witness 1 : _______________________
CHAIRPERSON


________________________________ Witness 2 : ________________________
SECRETARY