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GLOBAL CONSTITUTION PREAMBLE We, the representatives of a sector of people who left Noting that a democratic order in strategists to meet the challenges of
the future Realizing that the challenges of independent coalition of Diaspora
organizations Accepting that we are united in our
purpose to help build a new socio-economic and political dispensation in Acknowledging that
our diversity unites us Mandated by our
respective organizations, institutions, regions and members Hereby resolve: a.
To establish a united global forum for all Zimbabweans civic
society organisations and individuals whose main purpose will be to create
and maintain an enabling climate for promoting people-centered participatory
development, influencing national and international policy development and
promoting vibrant democracy in Zimbabwe b.
To adopt the following document guiding the affairs of the
global forum and setting aside all other previous Memorandums,
Constitutions and Regulations. 1.
NAME The name of the organization shall be the Global Zimbabwe
Forum hereinafter referred to as
“Global Zimbabwe”. 2.
NATURE OF THE
ORGANIZATION The organization will be a
coalition of Diaspora-based Zimbabwean civil society organizations,
individuals and institutions of development operating as an association
not-for-gain and under the Non-Profit Organizations Act and under any other
future organizational or tax status legislation of the 3.
LEGAL STATUS The forum shall be a body
corporate with a personality of its own, separate from its members, without
derogating from the generality thereof, Global Zimbabwe shall have the
following capacities: a.
To acquire rights and obligations in its own name b.
To enter into legal transactions and commercial traffics c.
To acquire and dispose of movable and immovable property d.
To sue and be sued in its own name e.
To have perpetual succession 4.
AIMS AND
OBJECTIVES The objectives of the Global Zimbabwe are as follows: a)
To mobilize resources globally to support Diaspora
Development Chamber, set up to tackle poverty among Zimbabweans. b)
To work towards creating an enabling environment by
influencing the legislative framework in which development may thrive. c)
To identify development priorities and seek to influence
donors, grant-makers, organized business and other stakeholders to support
the Chamber’s development agenda, training programs and scholarships. d)
To promote community participation in the
conceptualization, implementation and evaluation of the reconstruction of Zimbabwean. e)
To conceptualize and implement advocacy programmes aimed at
lobbying for policies which advance the interests of marginalized (e.g. the
poor, women and rural) members of our Zimbabwean society. f)
To initiate discussion and stimulate debate amongst member
organizations on strategic issues affecting the Zimbabwean people. g)
To assist member organizations to identify and address
opportunities and threats in the socio-economic environment, which may
advance or constrain the work of their respective organizations. h)
To promote cross-border networking and cross-pollination of
information, knowledge and development experience in i)
To strengthen and promote developmental leadership by
sponsoring management and leadership development programmes. j)
To promote collaboration amongst civil society
organisations working in the same programme area, national and international
sector. k)
To affiliate to international, Zimbabwean, Southern
African, African and international structures which influence socio-economic
policies. l)
To collaborate on a principled basis through written
agreements with other organs (for
example, business chambers, organized labour and faith-based organizations)
in building a strong international forum. 5.
MEMBERSHIP 5.1. Full membership 5.1.1 Any lawfully registered national or
regional coalition of Diaspora-based Zimbabwean Civic
Society Organisations or public body which subscribes to the aims and
objectives, and pledges adherence to the Code of Ethics shall be entitled to become
a full member of Global Zimbabwe by joining the it and fulfilling its
obligations commensurate with such membership.
5.1.2
Public forums operating under their own constitutions. 5.1.3
Rights and obligations of full members a. Full
members of Global Zimbabwe shall be entitled to elect their international
public representatives to the international structures of Global Zimbabwe. b.
Through their elected
representatives full members shall have access to the business of the Global
Zimbabwe. Member organizations shall
be entitled to direct participation in the business of the Global Zimbabwe.
Member organizations shall observe the Code of Ethics of the Global Zimbabwe.
Member organizations shall be obliged to meet all financial and other
obligations as shall be determined from time to time by Global Zimbabwe or any of its competent
organs. 5.2
Associate
Membership Associate membership shall be
available to: 5.2.1 Any Diaspora-based Zimbabwean Civil Society
Organization’s
coalitions that are not yet fully registered in terms of the
relevant laws. 5.2.2 Any non-Zimbabwean organization that
undertakes programme work
in solidarity with the pro-democracy movements of Zimbabweans. 5.2.3 Any Zimbabwean Civil Society Organization
that prefers not to, or is unwilling or unable to
take up full membership 5.2.4
5.2.5 Rights and obligations of
associate members a, Associate members shall be entitled to
attend meetings and participate
in all structures of Global Zimbabwe provided that they shall not have
the right to vote. b, Employees of associate member
organizations, be they citizens of the of the
structures of the forum. c, Associate members shall be obliged to
meet a financial and any other
obligations as the Global Zimbabwe or any of its designated organs
shall from time to time
determine. 5.3
Application for Membership
5.3.1 Application for
membership of Global Zimbabwe shall be in writing, and my be required to fill in an application form, providing their full details. Applicants expressly agree for their inclusion into the Diaspora database. 5.3.2 Each
application for membership shall be accompanied by an application fee as is
agreed upon by the members in general meeting from time to time. 5.3.3, The Chamber may
refuse or decline an application for membership without
giving reasons. In the event of the
application for membership
being refused the entrance fees shall be refunded to the applicant. 5.3.4, An applicant so declined may appeal in
writing directed to the
chairperson of the board of Global Zimbabwe motivating why the
application should not be so declined. The subsequent decision of
the board is final and may or may not provide explanation. 5.4
Termination or Loss of Membership 5.4.1 A member organization of Global Zimbabwe
shall cease to be a member by resignation
by giving notice to that effect, in writing, at least one month prior to the effective date of the
intended resignation. 5.4.2 A member organization shall also cease to
be a member if its membership
is terminated for misconduct, failure to adhere to the Code of
Ethics or for bringing the name of Global Zimbabwe into disrepute. 5.4.3 A member against which a charge of
misconduct is laid shall be
entitled to a fair hearing, provided that its membership shall be
suspended for the duration of the investigation and the impending
inquiry. 5.4.4 Membership of any organization indebted to
the Global Zimbabwe for membership fee or any
other financial obligation shall automatically lapse if the
organization in question fails to meet such obligation notwithstanding a
reminder giving such organization no more than 30 days to fulfill the
obligation. The onus is the member
organization to ensure that the
membership fee is duly received and a receipt issued to prove so.
5,4.5 The Chamber may
terminate or expel a member or group of members without giving reasons,
provided that the expulsion has been approved by the board by
simple resolution and is duly recorded in the minutes. 5.4.6, No member who has been expelled, shall be
readmitted without prior approval of
the board of directors. 5.4.7 A members who is expelled is refunded the
joining fee only. In the event of
withdrawal the joining fee is not refunded. 6. AUTONOMY OF MEMBERS Members will remain autonomous organizations governed by their
own constitutions, registrations, policies and procedures. Members will not be able to create any financial
obligations for Global Zimbabwe.
Members shall abide by the Constitution, policies, resolutions and
programmes of Global Zimbabwe. 7.
ORGANS OF
GLOBAL 7.1.
General
Council (GC) Global The terms of the representatives shall be 2
(two) years. 7.1.2 Composition of the General Council (a) The General Council shall consist of
10(Ten) representatives elected or
drawn from each of the regions as follows : EU
central SADC
(outside Regions are accorded
national status.
(b) The Secretariat of Global
Zimbabwe in attendance with speaking
rights but no voting rights. (c) The representatives shall be elected by
civil society national structures in the six(6)
regions. If no national structure exists or is still under development the
regions should send delegates to the global conference or AGM where upon
whom an election shall be conducted among themselves by
the by the delegates to the conference or members at the AGM. (d) Representatives of political parties
shall not be members of the GC. A
member of the GC, who takes office in a political party shall cease to
be a member of general council from the day of acceptance of the
political position. A vacancy
created by such member shall be a casual
vacancy which may be filled by a co-opted member until the next
general meeting or global conference. 7.1.3.
Purpose, Powers and Duties of the General Council The
GC shall decide general and specific policy measures by means of
simple majority vote. Decisions
of the General Council shall be to
further the aims and objectives of the Global Zimbabwe and the
broader masses in general, and to hold the institution in good stead. a.
The GC will further consider and decide on: a.1. The business of the Global Zimbabwe and
its priorities a.2. Reports from the National regional organs a.3. Report from the Coordinator of the Global
Zimbabwe a.4. Financial reports including audited
financial statements a.5. The nomination and election of the Global
Zimbabwe office bearers a.6. Any amendments of the Global Zimbabwe
Constitution a.7. The adoption of new resolutions and
amendment of any policy matter or document a.8. Any other matter which may be deemed to be
in the interest of the Global Zimbabwe, its members, the development needs of
the country or any other issue of general or international importance. b) Memberships
c.1 Deciding on accepting new members as reported by the Secretariat and setting membership fees c.2 Setting employment conditions and
confirming the appointments and dismissal of all staff of the GC, including
the Co-ordinator. c.3 Determining
the budgets for the GC, approving the expenditure, determining projects and
funding of such projects and activities of the GC.
c, Considering and
approving the audited financial statements of the Global
d, Setting all
organizational policies and procedures and also make resolutions
for the efficient and effective functioning of the Global
e, Establishing relations
with Zimbabwe Diaspora Development Chamber,
task groups in determining broad policy. 7.1.4.
Meetings of the General Council 7.1.4.
Ordinary meetings of the GC
a. The GC will ordinarily meet
at least every quarter of the year and at
the Annual General Meeting(AGM) or global
conference.
b. The documentation and
resolutions for the AGM will be
circulated at least four weeks (28 days) prior to the actual meeting
date by the Secretariat. 7.1.5. Special Meetings of the GC
a. The Chairperson may
convene a special meeting of the GC
giving 10 days written notice and an
agenda if:
a.1 The GC has urgent matters
to decide. a.2
Fifty percent of the GC members in good standing,
submit a written request for
such a meeting, indicating
the purpose of such a meeting. b, Should the Chairperson fail to
call such a special
meeting, then any GC member is empowered to
nominate a Convenor for the meeting who should
provide 28 days written notice of the meeting and
an agenda. 7.1.7.
Quorum a.
The quorum for the GC shall be at least four of the
regional representatives, provided that the quorum for an AGM shall be half
of its members. b.
If after an hour of the time fixed for the meeting, a
quorum is not present, the meeting will stand adjourned to a time and place
decided upon by the Chairman of the General Council. c. The quorum for an adjourned meeting
will be those illegible members present in person or by proxy. 7.1.8. Election of Office Bearers The GC will elect the
following out of caucus of 10 regional
representatives: a.
The Chairperson b.
The Vice Chairperson c.
The Treasurer d.
The Committee members, who may be designed
responsibilities. 7.2.4
Substitution
of Office Bearers If between meetings of the GC,
a vacancy occurs amongst the office bearers of Global Zimbabwe, such a
vacancy will be filled by the majority resolution of the GC. Such a person will hold office for the
balance of the duration of the term of office of all the office bearers,
provided the decision is ratified by the next AGM or Global conference. 8,
LOSS OF POSITIONS GC 8.1 Any member of any of
the structures or sub-committees or task groups of Global Zimbabwe shall lose
his/her position if the member – 8.2 Ceases to be a member of the CSO or body
which nominated the member. 8.3 Is withdrawn or recalled by the CSO or
body which elected the member
8.4 Ceases to be an elected or
full time employee of a CSO or body. 8.5 Is an elected or full time employee of a
CSO or body which has lost its forum
membership status 8.6 Is expelled by the forum for a reasonable
and just cause 8.7 Fails to satisfy the requirements of any
current legislation which precludes the person from holding office or to
perform a fiduciary function through the commission or omission of any act. 9,
POWERS AND DECISION MAKING a.
Any meeting of the General Council makes a decision if – a.1 The motion is duly seconded; and a.2 A simple majority of members present vote
in favour thereof unless otherwise provided for in this Constitution. b.
The decisions are made by show of hands or by ballot if the
meeting so decides. c.
If less than a simple majority vote in favour of a motion,
or as otherwise provided for in this Constitution, then the motion lapses. d.
If the GC cannot meet because of circumstances beyond its
control, a decision can be made by way of a resolution signed by a simple
majority of the members or as otherwise provided for in this Constitution or
Regulations. 10. THE CO-ORDINATOR The Co-ordinator is
responsible for: a. Financial affairs including: i. The keeping of
books and accounts as may be required by the DC; ii. The collection of membership
fees; iii. The banking of
monies received in the name of the forum ; iv. The preparation and
circulation of detailed monthly financial statements to all the GC members. v. Developing a
long-term funding strategy. b. Correspondence and notices including: i. Tabling
correspondence at both GC, Global Conference or AGM meetings; ii. Sending out
notices and minutes of all meetings of both the GC, and AGM or Annual
Conference and other related committees and sub-committees. c. Reports including: i. The preparation
and circulation of the Annual Financial Report which must include statements
of income and expenditure and the balance sheet; ii. The circulation of
the auditor's report to the GC and AGM; iii. Staff activities
and progress achieved in each department; iv. Other work
programmes. d. General co-ordination and supervision
including: i. Office work and
administration of the affairs and activities of the forum; and ii. The appointment
and dismissal of all staff members in consultation with the GC. e. Other duties
including tasks issued by the GC and AGM. 11. RIGHTS AND DUTIES OF THE SECRETARIAT The forum Secretariat members
have full speaking rights but no voting rights. 11.3. Removal of officials of the GC a. The GC may suspend
or dismiss the Coordinator or any other official, if in the opinion of the GC
the official: i. Has committed
misconduct; ii. Has neglected his
/ her duties; iii. Has acted in a
manner detrimental to the forum; or iv. Has acted in a
manner which conflicts with this Constitution. b. The GC may suspend
or dismiss the Coordinator or any other official for any other reason deemed
sufficient in law. c. The Coordinator or
official has the right to appeal to the next GC. d. The Coordinator
may resign on 3 months notice to the GC. e. The NEC may
terminate the services of the Coordinator on 3 months notice for reasons
other than those warranting instant dismissal. f. The notice period
of other officials is determined by their terms and conditions of employment. g. The GC may appoint
an Acting Coordinator, until the ratification of the appointment of a person
to this position at the next AGM. 12. STANDING ORDERS AND RULES OF PROCEDURE AT GLOBAL All accepted conventional rules and procedures of meetings as
generally used in 12.1.
The Chairperson a. The chairperson
must chair all the meetings of the forum. b. If the Chairperson
is absent then, the Vice Chairperson or in his/her absence the Treasurer must
chair the meeting. In their absence the meeting may elect a chairperson for
that meeting. 12.2.
Agenda a. The meeting must
follow the agenda unless the participants decide otherwise. b. Only the issues on
the agenda may be debated, unless the meeting decides by resolution to
discuss other matter(s). 12.3. Debating a motion a. The mover of a
motion may speak for the motion b. Participants may
speak for or against the motion c. The mover of the
motion has the right of reply. d. No subject may be
debated for longer than the allocated time unless a delegate proposes an
extension of time which i. May not be
debated; and ii. Is duly seconded
and supported by a 2/3 majority. 12.4. Decision
Making Except where otherwise provided in this Constitution the meeting
makes a decision if: a. A motion is duly
seconded; and b. The motion is
carried if a simple majority of participants vote in favour thereof. c. A motion will
lapse if it is not supported by a simple majority of participants. d. If there are equal
votes in favour of and against a motion then the Chairperson shall have a
casting vote. e.
At all GC meetings votes must be counted by scrutinizers. i. Scrutinizers have no
voting right. ii. Must be appointed by the
meeting iii. Must record the votes and report the results to the
Chairperson. f. No motion that has been debated and
determined may be reopened or varied or rescinded at the same meeting. 12.5. Rulings a. The ruling of the
chairperson is final. b. If any delegate
refuses to obey the Chairperson's ruling, the chairperson may call the house
to order and request an immediate snap vote without a mover or a seconder of
the motion. A vote may be taken by the meeting to deem the member guilty of
misconduct. c. If the meeting
decides that the member is guilty of misconduct then: i. That member must
withdraw from the meeting; and ii. The meeting has
the right to suspend that member for as long as the meeting deems fit. d. The provisions of this sub-section shall
not apply: i. Where a duly seconded motion is moved to
overrule or rescind the chairperson's ruling; and ii. The motion is carried by a majority of
the members present. e. In the event of a motion being moved in
terms of this subsection: i. The mover of such
a motion is limited to making a statement in support of the motion; and ii. The chairperson
has a right to reply limited to 5 minutes in each case. 13. FINANCES 13.1.
General The funds of the forum are
made up of all monies received by means of affiliation fees, levies,
donations, functions and by any other legal means within the framework of
this Constitution. The General Council will from time to time, establish
certain criteria for funding Global Zimbabwe. 13.2. Purpose of funds a. The funds must be
applied solely in furtherance of the Global Zimbabwe’s aims and objectives
subject to the decision of the GC. b. Funds contributed
for a specific purpose must be used for that purpose and no other except as otherwise
decided by the GC. c. No profits or
gains may be distributed to any person. 13.3. Banking accounts a. The Coordinator
must deposit funds received into Global Zimbabwe's bank account within 3 days
of receipt. b. No person may open
a banking account in the name of Global Zimbabwe without: i. The explicit
written authority of a resolution of the GC on an official Global Zimbabwe
letterhead signed by at least 3 members of General Council office bearers;
and ii. Subsequent verbal
confirmation to the bank or financial institution concerned by either the
Treasurer or Coordinator. 13.4. Members a. Members must pay
an affiliation fee to Global Zimbabwe. b. The GC, will
determine the fee from time to time. c. Members must pay
their fees on an annual basis. d. A member that
resigns or is expelled shall have no claim on the funds or assets of Global
Zimbabwe. 13.5. Financial
year The financial year is from
April to March of each year. . 13.6. Finance Committee a. The Finance Committee (Fincom) is
composed of: i. The Treasurer; ii. Coordinator and
Finance Manager in the Secretariat; iii. Two other members
from the GC. b. Fincom must meet at
least once a month. c. The Treasurer is
the chairperson of Fincom. d. Fincom will report directly
to the GC and must: i. Assist the
Treasurer; ii. Prepare financial
reports for the GC; iii. Recommend
amendments to financial policy; iv. Monitor the Global
Zimbabwe's accounts and query unusual expenditure; v. Make
recommendations to the GC regarding financial requests from provinces; vi. Propose ways of
making the forum financially self-sufficient; and vii. Prepare the Global
Zimbabwe’s budget. 13.7. Reporting a. The chairperson of
Fincom must present an income and expenditure report for each month to the
GC; b. This report must
include a clear statement of any unbudgeted expenditure as well as over or
under expenditure; c. The financial
report must be accompanied with a narrative statement. A cash flow statement should also be provided
for the next reporting period; d. All the Secretariat
offices must disclose the sources and amounts of funding raised as well as
the programmes therefore; e. The GC must set
guidelines for funding priorities and the sources thereof. 13.8. Signatories a. All the GC members
and the Coordinator shall be eligible for appointment as signatories to
Global Zimbabwe’s Banking Account. b. Two signatories must authorize any
cheque. The Treasurer or alternatively
the Chairperson must authorize and sign all cheques over an agreed minimal
withdrawal amount. 14. INDEMNIFICATION OF NC, NEC AND SECRETARIAT MEMBERS The GC and
Secretariat members of the forum, provided that they have not acted in a
manner which would constitute misconduct, shall : a. Be indemnified by
Global Zimbabwe against all proceedings, costs and expenses incurred by
reason of any omission, negligence or other act done whilst performing their
duties on behalf of the Global Zimbabwe. b. Not be personally
liable for any of the liabilities of the forum or any of its members. 15. RESIGNATION AND DISCIPLINE OF A MEMBER 15.1.
Resignation a. A member may resign
from the forum by giving to the GC i. 2 months written
notice; and ii. Its reasons for
resigning. b. The GC may waive
the notice period. 15.2. Suspension or expulsion a. The GC may suspend
or expel a member for: i. Acting against the
interests of the forum; iii. Failing to pay its
membership fees. b. No such suspension or expulsion shall
have effect unless the GC i. Has notified the
member in writing of the reasons for the suspension or expulsion; and ii. Has granted the
member permission to present its case to the GC. 15.3. Appeals on Suspension or Expulsion a. The member must give notice of their
intention to appeal to the Coordinator within 14 days of the
decision. The designated
representative of the member may be present at any subsequent appeal hearing
to present their views. b. The appeal must be
made in writing to the GC, and the decision of the GC is final and binding. c. Where the decision
to suspend or expel is made by the GC, such decision shall be final and
binding, and no appeals will be allowed. 15.4. Financial and Legal
Consequences a. Members who resign
or are expelled have no claim on the assets of Global Zimbabwe. b. The GC is empowered
to recover all monies owing by any member to Global Zimbabwe. 16. AMENDMENTS TO THE CONSTITUTION a. The Constitution
may be repealed or amended only by the GC. b. A notice of the
proposed amendment must be sent to the Coordinator c. The Coordinator shall: i. Circulate the
notice to all members of the GC; and ii. Include the
proposed amendment on the next agenda of the GC. d. A 2/3 (two-thirds)
majority of the GC must agree to the resolution to repeal or amend the
Constitution. 17. INTERPRETATION If there is any doubt as to
the interpretation of any provision of this Constitution then: a. The aggrieved
party may make an interim ruling; b. The GC by majority
vote must make the final ruling. 18. DISSOLUTION a. The forum shall be
dissolved only by a 2/3 majority resolution of the GC b. The GC shall
appoint a liquidator to wind up the affairs of Global Zimbabwe. c. The liquidator
must take the necessary steps to liquidate the debts of Global Zimbabwe from
its available funds and any other monies realized from any assets of Global
Zimbabwe. d. The liquidator’s
fees and expenses must rank in the following order of preference – i. As though he/ she
were a trustee of an insolvent estate; and ii. As though the
expenses were the costs of an insolvent estate. e.
After the liquidator has
paid the debts and if there are any remaining assets, these assets shall be
given or transferred to a like-minded organization having similar aims and
objectives to the forum. |
