Constitution

Clause No

Current clauses

Recommended amendments

1.

Name and contractual capacity

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1.1

The name of the Association shall be the National Association of Child Care Workers (NACCW), hereinafter called “the Association”.

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1.2  

1.3 The NACCW shall:

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1.2.1

Exist in its own right, independently from its members

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1.2.2

Still continue to exist even when its membership changes and there are different office bearers

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1.2.3

Be able to sign contracts and enter into other relationship.  It can sue and be sued in its own name.

Be able to sign contracts and enter into other partnerships.  It can sue and be sued in its own name.

1.2.4

 Be able to own property and other  possessions

Be able to own property and other  assets

1.3

Members or office bearers of the Association shall have no rights in and to the property of the Association by virtue of their position as such, nor shall they be personally liable for any loss suffered by any person as a result of any act or omission in good faith while performing functions for or on behalf of the Association.

The lawyer to advise in terms of the new King V

2.

Area of operation

The area of operation will be the Republic of South Africa

The Association provides training and consultancy in the Republic of South Africa. Even though the Association’s offices is based in South Africa, the Association also provides services across borders 

3

Aims and Objects

Aims and  objectives

3.1

To promote the optimum care and development of children and youth who by force of circumstance grow up in environments which place their physical, social, emotional, intellectual and spiritual development at risk.

to promote the optimum care and development of children and youth who by force of circumstance  are raised   in environments which place their physical, social, emotional, cognitive and spiritual development at risk.

3.2

To protect and uphold the rights of all children as outlined in the United Nations Convention on the Rights of the Child, the South Africa Constitution and the African Charter on the Rights and Welfare of the Child

to protect and uphold the rights of all children as stated in the United Nations Convention on the Rights of the Child, the South Africa Constitution and the African Charter on the Rights and Welfare of the Child

3.3

To support and encourage efforts to eradicate factors which create or contribute to the hardship and suffering of children and youth and the compromising of Children’s Rights.

to support and encourage efforts to eradicate factors which create or contribute to the hardship and suffering of children and youth and the compromising of Children’s Rights.

3.4

 To liaise, co-operate or affiliate with any stakeholders, both national and international, in matters relating to child and youth care.

to liaise, co-operate or affiliate with any stakeholders, both national and international, in matters relating to child and youth care work.

3.5

To work towards professional standards, both for institutions and organizations in the field of Child and Youth Care, and for Child and Youth Care Workers in respect of their knowledge and skills, their recognition, material circumstances and conditions and conditions of service.

to work towards and uphold professional standards, for institutions and organisations in the field of Child and Youth Care, and for Child and Youth Care Workers in respect of their knowledge and skills, their recognition, material circumstances and conditions of service.

3.6

To disseminate information regarding the whole field of Child and Youth Care, to maintain liaison with and be available for consultation with the media in matters relating to Child and Youth Care and to publish a Journal for the Child and Youth Care Profession.

 disseminate information regarding the whole field of Child and Youth Care, including liaison with the media, Including the development of sustainable models of care and protection, as well as advocacy and lobbying for the benefit of the child and youth care sector

3.7

To maintain liaison with all relevant stakeholders in the matter of training for Child and Youth Care Professionals, and, where necessary, to provide additional opportunities for training.

t provide training and maintain liaison with all relevant stakeholders on matters of training for Child and Youth Care Professionals, and, where necessary, to provide additional opportunities for training.

3.8

To undertake any other activities in the interests of Child and Youth Care and the Child and Youth Care Work in general.

undertake any other activities in the interests of Child and Youth Care Work.

3.9

To operate The Child Care Education Trust in terms of the Trust Deed which is attached to and forms part of this Constitution.

operate The Child Care Education Trust in terms of the Trust Deed which is attached to and forms part of this Constitution.

3.10

create, develop and maintain programmes and sustainable Models of Care and Protection that respond to the needs of children, youth and their families.

4.

Membership

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4.1

The following types of membership to the Association apply:

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4.1.1.

Associate Membership is open to persons who have an interest in the Association but are not practicing in the field of Child and Youth Care.

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4.1.2.

Accredited Membership is open to

Professionally Registered Child and Youth Care Workers (as defined by the Professional Board for Child and Youth Care).

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4.1.3.

Honorary Membership may be conferred at the discretion of the National Executive Committee on persons who are regarded by that committee to have an established status in the field of Child and Youth Care and to have substantially contributed to the field.

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4.1.4

Corporate Membership is open to Nonprofit Organizations (as registered in terms of the Non-Profit Organizations Act of 1997), institutions or associations which are involved in the field of Child and Youth Care and who have an interest in the Association.

Corporate Membership is open to Non-Profit Organisations (as registered in terms of the Non-Profit Organisations Act of 1997), institutions or associations which are involved in the field of Child and Youth Care and who have an interest in the Association.

4.1.5.

Corporate membership does not confer any level of individual membership upon the members or employees of an organization.

Corporate membership does not confer any level of individual membership upon the members or employees of an organisation.

4.2

All members (individual or corporate) may exercise a vote in the affairs of the Association. Only accredited individual members may hold office in the Association.

All paid up members may exercise a vote in the affairs of the Association.

4.3

Staff members of the Association who are members of the Association are not eligible for election to any office in the Association and may not exercise a vote in the Association.

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4.4

The conditions for continued Novitiate Membership and Accredited Membership

The conditions for continued membership will be:

4.4.1.

Membership fees are duly paid;

membership fees are duly paid;

4.4.2.

the member is in good standing with the Association and has not (in the case of an Accredited Member) been deregistered by the Professional Board for Child and Youth Care.

the member is in good standing with the Association and is registered as a member of the  relevant council.

4.4.3

The member has not  been deregistered or sanctioned  by the relevant professional council

4.4.4

Only paid up membersregistered with the other relevant professional council may hold office in the Association.

4.5

Membership may be terminated:

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4.5.1

if membership fees are not duly paid;

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4.5.2

if a member voluntarily resigns membership;

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4.5.3

as a result of a finding by the National Executive Committee that the member has displayed conduct that brings the Association into disrepute.

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4.5.4

if a member is found guilty and is listed on the National Child Protection Register and/ or National Sexual Offences Register

4.6

Application for membership shall be made on the prescribed application form.

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4.7

A member who has had his/her membership cancelled/terminated can appeal to a Special Committee nominated by the National Executive Committee.

A member who has had his/her membership cancelled/terminated can appeal to a Special Committee formed by the National Executive Committee.

5.

Biennial General Meeting

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5.1

 The Association shall be governed by its Biennial General Meeting which shall be held no later than October in odd-numbered years. The functions of the Biennial General Meeting shall be:

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5.1.1.

to receive the reports of the National

5.1.2.

to receive the reports of the Regional Associations and any Standing Committees or sub-committees which may have been appointed by the Biennial General Meeting or the National Executive Committee.

to receive the reports of the Provincial Associations and any Standing Committees or sub-committees which may have been appointed by the Biennial General Meeting or the National Executive Committee

5.1.3.

to elect a National Chairperson who shall be an accredited member of the Association and who shall hold such office until the next succeeding Biennial General Meeting. Nominations for the position of National Chairperson shall be duly proposed and seconded by voting members and accepted by the nominee and shall be in the hands of the Director 3 (three) months prior to the Biennial General Meeting for circulation to members.

to elect a National Chairperson who shall be a member of the Association

5.1.4

who meets the criteria for the election of the national chairperson, requirements as contemplated in clause 4.4 and

5.1.5

The national chairperson shall hold such office until the next succeeding Biennial General Meeting.

5.1.6

Nominations for the position of National Chairperson shall be duly proposed and seconded by voting members and accepted by the nominee and shall be in the hands of the Director 3 (three) months prior to the Biennial General Meeting for circulation to members.

5.1.7

to elect an Auditor.

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5.1.8.

to transact any other business as provided for in this Constitution.

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5.2

 All members shall be given at least 4 (four) months’ notice of the Biennial General Meeting. The Notice of Meeting shall include a call for nominations for the position of National Chairperson.

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5.3.

Any member in good standing, whether individual or corporate, shall have one vote at the Biennial General Meeting.

Any paid up member in good standing with the Association,  shall have one vote at the Biennial General Meeting.

5.4

The Biennial General Meeting may at the

discretion of the National Executive Committee

be linked to a National Conference organized

under the direction of the National Executive

Committee.

The Biennial General Meeting may at the discretion of the National Executive Committee be linked to a National Conference organized under the direction of the National Executive Committee

6.

Management

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6.1

The affairs of the Association shall be managed by a National Executive Committee which will exercise the functions of the Biennial General Meeting between meetings and will meet at the request of the National Chairperson as necessary but at least twice a year.

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6.2.

The National Executive Committee shall consist of not fewer than 5 (five) members and shall be constituted as follows: The National Chairperson in terms of Clause 5.1.3, the Treasurer nominated in terms of Clause 6.3 together with the Chairperson or a representative of each Regional Association established in terms of Clause 9.

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6.3

No member of the National Executive Committee may have any direct interest in or benefit from any contract which the management may conclude with any company.

6.4

The National Executive Committee shall elect a Vice Chairperson from its own members. The National Executive Committee shall nominate a Treasurer to serve for a two-year period. Such nomination shall be confirmed by the Biennial General Meeting.

The National Executive Committee shall elect a Vice-Chairperson and Treasurer from its own members. to serve for a two-year period. Such nomination and election shall be confirmed at Biennial General Meeting.

6.5

The National Executive Committee shall have the power to co-opt individuals with specific expertise. Such persons shall have no vote.  

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6.6

The National Executive Committee shall appoint a Director who shall be responsible for the Professional Services and day-to-day administration of the Association. The Director shall be responsible and accountable to the National Executive Committee of the Association. Staff shall be responsible and accountable to the Director.

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6.7

The National Executive Committee in consultation with the Director shall have the authority to approve staff appointments as may be deemed necessary and upon such terms as it may decide.

The Director in consultation with the National Executive Committee shall have the authority to approve staff appointments as may be deemed necessary and upon such terms as it may decide.

6.8

Due notice having been given, at any meeting of the National Executive Committee a quorum shall consist of 50% of the members plus one. In the absence of the National Chairperson the remaining members shall elect a Chairperson from their own number.

Due notice having been given, at any meeting of the National Executive Committee a quorum shall consist of 50% of the members plus one. In the absence of the National Chairperson the Deputy Chairperson shall chair the meeting.  In the absence of both  the National Chairperson and Deputy Chairperson the remaining members shall elect a Chairperson from their own number

6.9

In the event of a vacancy occurring in the post of National Chairperson the National Executive Committee shall appoint a National Chairperson from amongst its own members or at its discretion call a Special General Meeting in terms of clause 6.9 to fill the vacancy. The National Chairperson so appointed or elected shall hold office until the next succeeding Biennial General Meeting.

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6.10

Upon the written request of 20 (twenty) members in good standing or when any matter arises for decision as provided for in this Constitution which cannot in the opinion of the National Executive Committee wait for the next Biennial General Meeting a Special General Meeting shall be called by the National Chairperson. All members shall be given at least six weeks’ notice of such meeting and the notice of meeting shall lay out clearly the proposals which are to be presented.

Upon the written request of 20 (twenty) members  who meet the criteria as contemplated in clause 4.4 or when any matter arises for decision as provided for in this Constitution which cannot in the opinion of the National Executive Committee wait for the next Biennial General Meeting a Special General Meeting shall be called by the National Chairperson. All members shall be given at least six weeks’ notice of such meeting and the notice of meeting shall lay out clearly the proposals which are to be presented.

6.11

Voting procedures at the Biennial General Meeting and Special General Meeting shall be as follows:

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6.11.1

Only members in good standing at the time of the meeting shall be permitted to vote.

Only members in good standing as contemplated in 4.4 at the time of the meeting shall be permitted to vote.

6.11.2

Current membership cards shall be the only proof of membership.

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6.11.3

Proxy votes are acceptable provided that the voter completes the prescribed proxy form and hands his membership card to another member to vote on his behalf.

Proxy votes are acceptable provided that the voter completes the prescribed proxy form and hands his/hermembership card to another member to vote on his/her behalf.

6.11.4

In the case of a Special General Meeting, at the discretion of the National Executive Committee provisions may be made for members to vote in their Regions.

In the instance of  a Special General Meeting, at the discretion of the National Executive Committee provisions may be made for members to cast their vote in their Regions as prescribed by the NEC.

6.12

The Director shall attend meetings of the National Executive Committee.

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6.12

A quorum at such meetings shall be 50% of its

members plus one.

A quorum at such meetings

shall be 50% plus one

 of  the NEC members.

7.

7. Finance

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7.1

All monies of the Association shall be paid into a central approved banking account opened in the name of the Association.

7.2

Any property or income of the NACCW shall be utilized solely in the furtherance of its aims and objectives and it shall be prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever so as to profit any person other than by  the payment in good faith of reasonable remuneration to any officer or employee of the NACCW for any services actually rendered to it

7.3

 The financial affairs of the Association shall be controlled by the National Executive Committee and managed on a day-to-day basis by the Director.

 The financial affairs of the Association shall be managed on a day-to-day by the Director and account to the  National Executive Committee

7.4

Proper books of account shall be kept and these shall be professionally audited annually before presentation to the Biennial General Meeting or the National Executive Committee. The Treasurer shall be responsible to ensure the preparation of the prescribed annual returns to the Department of Social Development and such returns together with the audited accounts shall be submitted by the required dates.

Proper books of account shall be kept and these shall be professionally audited annually before presentation to the Biennial General Meeting or the National Executive Committee..

7.5

The Treasurer shall be responsible to ensure the preparation of the prescribed annual returns as required by relevant acts and such returns together with the audited accounts shall be submitted by the required dates.

7.6

The National Executive Committee is empowered to:

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7.6.1

acquire, sell, lease, hire such property and erect such buildings as are necessary to further the aims or administration of the Association and to maintain the same. All immovable property will be vested in and registered in the name of the Association.

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7.6.2

appoint such attorneys or agents or persons for permanent, temporary or special services and to invest them with such powers as they think expedient and to determine their duties and to fix or vary their salaries or emoluments.

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7.6.3

borrow money for the purposes or mortgage any of the property or assets of the Association as security for the repayment of such money

borrow money, mortgage any of the property or assets for the furtherance of the objectives of the Association as security for the repayment  

7.6.4

determine policy, procedures or rules for

the better management or administration of the Association

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7.7

The day-to-day management of the properties of the Association is the responsibility of the Director unless otherwise determined by the members of the National Executive Committee

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7.8

Should the services of a fund-raiser be made use of for the collection of contributions, the expenses (remuneration and/or commission included) may not exceed 30% of the total proceeds of the collection.

7.9

Funds available for investment may only be invested in alignment with legislation on PBO’s.

Funds available for investment may only be invested in alignment with legislation of PBO’s.

7.10

The financial year shall run from the 1st April to the 31st March.

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8

Subscriptions

None

8.1

Annual subscriptions shall be determined by the

Biennial General Meeting from time to time.

Subscriptions shall be due on 1st April of each year.

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8.2

A membership shall be deemed to have lapsed if the subscription is not paid within one month of the expiry of membership.

A membership shall be deemed to have lapsed if the subscription is not paid within three month of the expiry of membership.

9

Regional Associations

9.1

The National Executive Committee may from

time to time approve the establishment of Regional Associations to promote

 the Aims and Objects of the Association in such areas as it may

 determine.

The National Executive Committee may from time to time approve the establishment of Provincial Associations to promote  the Aims and Objectives of the Association in such areas as it may determine.

9.2

Except as otherwise provided for hereunder, the rules regarding the election of National Chairpersons, Aims and Objects, Membership, Subscriptions, Finance, procedures at meetings and voting rights of the Association shall apply mutatis mutandis to Regional Associations.

Except as otherwise provided for hereunder, the rules regarding the election of National Chairpersons, Aims and Objectives, Membership, Subscriptions, Finance, procedures at meetings and voting rights of the Association shall apply mutatis mutandis to Provincial brancehes.

9.3

Each Regional Association shall hold its Biennial General Meeting no later than October in the years alternate to the National Biennial General Meeting.

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9.4

At such Regional Biennial General Meetings a Regional chairperson, Vice Chairperson, Secretary, Treasurer and Membership Secretary shall be elected. Chairpersons or nominees of any Social Workers’ Group, Child and Youth Care Workers’ Forum or Administrators’ Group established in terms of Clause 9.6 shall serve on the committee. Further members may be elected so that the committee shall consist of no fewer than 5 (five) or no more than 10 (ten) members.

At such Provincial Biennial General Meetings a Provincial chairperson, Vice Chairperson, Secretary, Treasurer and Membership Secretary shall be elected. Chairpersons or nominees of any Social Workers’ Group, Child and Youth Care Workers’ Forum or Administrators’ Group established in terms of Clause 9.6 shall serve on the committee. Further members may be elected so that the committee shall consist of no fewer than 5 (five) or no more than 10 (ten) members.

9.4.1

Failure to attend 3 (three) consecutive meetings without prior apologies shall lead to termination of Regional Committee membership.

Failure to attend 3 (three) consecutive meetings without prior apologies shall lead to termination of Regional Committee membership.  In the case where a member fails to attend more than 3 meetings but send an official apology the REC will decide whether to retain such a member or request him/her to resign

9.5

Vacancies on Regional Committees shall be filled by co-option and vacancies amongst office bearers other than the Chairperson shall be filled from amongst the members of such committees. In the event of a vacancy occurring in the post of Regional Chairperson, a new Regional Chairperson shall be elected at a Special Regional Meeting. The Regional Chairperson so elected shall hold office until the next succeeding Regional Biennial General Meeting

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9.6

Regional Committees may authorise the establishment of a Social Workers’ Group, a Child and Youth Care Workers’ Forum, and an Administrator’s Group. Activities of such groups shall be approved and monitored by the Regional Executive Committee.

Regional Committees may authorize the establishment of a  Child and Youth Care Workers’ Forum or any other such forum to further the aims of the Association in the region and those that are sanctioned by the NEC.. Activities of such groups shall be approved and monitored by the Regional Executive Committee.

9.7

Regional Committees shall be responsible for the organization of regional programmes of activities which will include full meetings of each Regional Association at least once every quarter.

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9.8

Not less than 10 (ten) days’ notice shall be given to members of any business meeting of a Regional Association and a quorum at such meetings shall be half plus one of the membership of that Regional Association

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9.9

In the event of the non-functioning of a Regional

Association for whatever reason the National Executive

Committee shall have the authority, after consultation with the Regional Committee, to suspend the operation of that Regional Association until such time as its operation may be resumed. If such suspension is prolonged the National Executive Committee shall have the authority to terminate the existence of the said Regional Association.

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10

Policies on Issues

None

10.1

Positions which the Association may adopt on any issues shall be arrived at through the widest possible consultation with members, and the Association through its staff, membership structures and media will publish and make known to members any policies and guidelines so developed.

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10.2

Members are accountable to the Association in upholding these policies

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10.3

Statements to the media, memoranda or delegations in the name of the Association may be made only by the National Chairperson or the Director or their nominees.

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10.4

The Association’s agreed national policies and relevant issues, together with the Code of Ethics of the Child and Youth Care profession, shall form the basis upon which both membership and the Professional Services operate.

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11.

.Legal Proceedings and Indemnity

All legal proceedings shall be instituted or defended in the name of the National Chairperson of the Association. All officers and employees of the Association shall be indemnified out of the assets of the Association against any liability incurred by them when involved directly upon the business of the Association in defending any proceedings whether civil or criminal in which judgement is given in their favor or in which they are acquitted.

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12

Amendment to the Constitution

None

12.1

This Constitution may be amended by a two-thirds majority of members voting at the Biennial General Meeting. Any proposed amendments shall be clearly laid out in the Notice of the Meeting.

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12.2

The National Executive Committee shall have the power from time to time to effect any amendments to this Constitution which may be necessary to bring it into line with legislative requirements, provided that such amendments in no way affect or change the spirit of this Constitution or the aims and objects of the Association. Such amendments shall be ratified by the next succeeding Biennial General Meeting.

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13.

Dissolution

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13.1

Any proposal for the dissolution of the Association shall be effective only if made to the members at a Special General Meeting of the Association called for that purpose and passed by a majority of not less than two-thirds of those voting. If upon the dissolution of the Association there remain after the satisfaction of its debts and liabilities any assets whatsoever the same shall not be paid to or distributed among its members but shall be donated to a registered Nonprofit Organization with aims similar to those of the Association.

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13.2

In the event of the National Executive Committee not being able to call a Special General Meeting for the purpose of resolving to wind up the affairs of the Association or the National Executive Committee being unable to meet to distribute the remaining assets of the Association then the shall decide on these remaining assets

In the event of the National Executive Committee not being able to call a Special General Meeting for the purpose of resolving to wind up the affairs of the Association or the National Executive Committee being unable to meet to distribute the remaining assets of the Association then the executive directors shall decide on these remaining assets