DEAFBLIND SOUTH AFRICA (DbSA) CONSTITUTION

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DEAFBLIND SOUTH AFRICA (DbSA)
CONSTITUTION.

Deafblind South Africa has been formed to provide supportive services to deafblind individuals, their families and friends as well as any other persons closely involved with their day-to-day activities. It serves deafblind individuals of all ages, dealing with all conditions of deafblindness, no matter what the degree of severity of the dual-disability.

1. DEFINITIONS

1.1 The term "deafblind" means totally, partially or intermittently deprived of hearing and sight.
1.2 The term "deafblind people" includes all age ranges, from childhood to old age.
1.3 The term "deafblindness" includes all conditions of deafblindness, whether acquired, congenitally or adventitiously.

2. NAME AND STATUS

2.1 The name of the organization shall be DEAFBLIND SOUTH AFRICA herinafter referred to as DEAFBLIND SA (DbSA).
2.2 DEAFBLIND SA shall be a body corporate, having perpetual succession, and its assets shall exist independently from those of its members.

3. AREA OF OPERATION AND FUNDRAISING

The area of operation and fundraising shall be the Republic of South Africa and elsewhere.

4. OBJECTIVES

4.1 To promote the recognition of deafblindness as a unique disability throughout the Republic.
4.2 To create awareness of deafblindness.
4.3 To guard and strengthen the civil rights of deafblind people and ensure the equality of opportunity with other citizens.
4.4 To promote continuing and lifelong education, development and employment of deafblind people.
4.5 To confer with Government regarding any legislation which may affect the interests of deafblind persons and to promote and support any legislation which may be to their benefit.
4.6 To assist in securing the proper administration of all Acts of Parliament and other measures affecting deafblind persons.
4.7 To initiate, encourage, develop and maintain projects for the welfare of deafblind persons.
4.8 To encourage the integration of deafblind persons into society.
4.9 To promote interaction within the community of deafblind people.
4.10 To promote interaction between deafblind people, their families, professionals and the wider community.
4.11 To collect, systematize and disseminate information on all matters relating to deafblindness and deafblind persons.
4.12 To promote, direct or conduct relevant research into any matter relating to deafblindness and deafblind persons.
4.13 To conduct research into the availability and affordability of assistive devices for deafblind persons.
4.14 To promote and assist in the training of interpreters for deafblind persons.
4.15 To convene conferences of persons or organizations interested in the welfare of deafblind persons or on the prevention of Deafblindness.
4.16 To cooperate with organizations and agencies throughout the world which deal with the interests of deafblind persons through the exchange of information, advice and assistance.
4.17 To take any steps necessary to prevent deafblindness.
4.18 To respect, defend and uphold all values and human rights as set out in the Constitution of the Republic of South Africa in force at any given time and in particular to oppose discrimination on the grounds of deafblindness or other disability.
4.19 To do such other things which may be necessary to achieve the purpose for which DEAFBLIND SA has been established.

5.MEMBERSHIP

5.1 Membership is open to any person.

6. POWERS

6.1 DEAFBLIND SA shall exercise the following powers:
6.1.1 To receive and accept donations, subscriptions, bequests, endowments and any other gifts of money, land, property or assets.
6.1.2 To organize and direct the raising of funds in collaboration, where appropriate, with the SANCB, with organizations for and of deafblind persons, or with committees specially formed for the purpose.
6.1.3 To borrow or raise money.
6.1.4 To invest the funds of DEAFBLIND SA and to realize or vary such investments.
6.1.5 To establish such trust funds as may be required in the interest of DEAFBLIND SA.
6.1.6 To acquire by purchase, lease or any other means movable and immovable property and to mortgage, convey or deal with such property, including any act of registration in a deeds registry.
6.1.7 To enter into any contract for the erection, remodelling, reconstruction, repair or demolition of any building.
6.1.8 To institute and defend actions at law in any competent court and for that purpose to sign and execute all necessary powers of attorney.
6.1.9 To appoint staff members, create posts, determine condition of employment and salary scales as is necessary.
6.1.10 To do such other things as may be necessary to achieve the objectives of DEAFBLIND SA.
6.2 All actions at law against DEAFBLIND SA shall be directed against DEAFBLIND SOUTH AFRICA and all actions instituted by DEAFBLIND SA shall be instituted in the name of the said DEAFBLIND SOUTH AFRICA.
6.3 All contracts, agreements, cheques and other documents shall be signed by two persons as appointed by the National Executive Committee.

7. BRANCHES

7.1 Any number of members in a particular region or province may form a branch.
7.2 The name of each branch shall be "Deafblind SA": (name of province or region).
7.3 The branch may elect a Committee to run its day-to-day affairs. The number of members to serve on the committee shall be determined by each branch individually according to the number of members of the branch and the people available to serve on the branch committee.
7.4 The branch Committee shall elect one member or appoint the Chairman to serve in the National Executive Committee.

8. NATIONAL EXECUTIVE COMMITTEE (NEC)

8.1 Composition
8.1.1 The NEC shall consist of the chairperson, vice-chairperson, secretary, treasurer and one member elected by each branch. The posts of secretary and treasurer may be combined if deemed necessary.
8.1.2 Paid officials of DEAFBLIND SA may serve on the NEC in an advisory capacity, but will have no voting rights.
8.2 Co-option The NEC may fill any vacancy by co-opting a member to serve the remainder of the term of office.
8.3 Powers
8.3.1 The NEC shall implement the policies, instructions and resolutions of the Biennial Conference and conduct the day-to-day affairs of DEAFBLIND SA.
8.3.2 The NEC shall determine the functions and powers as well as exercise control over any Special Committees.
8.3.3 NEC may also act in an emergency and in circumstances for which the constitution does not make provision.
8.4 Meetings
8.4.1 The NEC shall meet at least four times (once every semester) in a biennial period.
8.4.2 Notice of a meeting of the NEC shall be given at least sixty (60) days before the date of the meeting.
8.4.3 A Quorum for a meeting of the NEC shall be one half plus one of the members.

9.SPECIAL COMMITTEES

The NEC may appoint Special Committees, Sub-committees or Ad hoc Committees for any period or any purpose as may be required.

10.BIENNIAL CONFERENCE

10.1 The Biennial Conference of DEAFBLIND SA shall be held within four calender months after the end of the financial year.
10.2 The date of the Biennial Conference shall be determined by the NEC.
10.3 Notice of the conference shall be given at least ninety (90) days before the date of the conference.
10.4 A quorum for a Biennial Conference shall be forty percent of the total number of members of DEAFBLIND SA.

11. VOTING

11.1 At all meetings of DEAFBLIND SA each member shall have one vote except that in the event of an equality of votes, the chairman shall have a casting vote, in addition to his deliberative vote.
11.2 Any decisions taken at any meeting of DEAFBLIND SA shall be decided by a majority of votes except where it is otherwise provided in the Constitution.
11.3 Voting shall be conducted by secret ballot or by show of hands, as is decided by the respective meetings.

12. FINANCE

12.1 The financial year of DEAFBLIND SA shall end on the 31st of March in each year.
12.2 Within four months after the financial year a revenue and expenditure account together with a balance sheet, all duly audited, shall be prepared and submitted to the NEC.
12.3 The NEC shall appoint auditors, duly qualified in terms of the Public Accountants and Auditors, Act, whose report together with their audited financial statements and balance sheets, shall be submitted to the National Executive Committee for approval.
12.4 Any property or income of DEAFBLIND SA shall be utilized solely in the furtherance of its objectives and no portion thereof shall be transferred directly or indirectly in any manner whatsoever for the profit of any person other than by payment in good faith of reasonable remuneration for any service rendered to DEAFBLIND SA.
12.5 No member of the NEC shall have a direct or indirect interest in or benefit from any contract which the National Executive Committee may conclude with any company.
12.6 Funds available for investment may be invested only with registered financial institutions as defined in Section One 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 Control Act, 1984.
12.7 The total expenditure on fundraising projects shall not exceed 40 percent of the total turnover of the collection.
12.8 No competition, contest, game, scheme, arrangement or system in connection with which any prize conducted may be won shall be conducted or cause to be by DEAFBLIND SA unless an authority in terms of any other act has been obtained beforehand.

13. LANGUAGE.

All languages shall have equality and members shall have the right to hold meetings in the language of the majority of the members present.

14. HONOURS AND AWARDS.

DEAFBLIND SA may appoint a patron or patrons, elect an honorary life president and honary vice president and confer awards.

15. INDEMNITY

The members of DEAFBLIND SA as well as its staff shall not be liable for any debts, losses or damages incurred by DEAFBLIND SA provided such debts, losses or damages have been incurred or caused in good faith.

16. AMENDMENTS TO THE CONSTITUTIONS

The Constitution may only be amended by a two thirds majority of members present and voting at a Biennial Conference.

17. DISSOLUTION

17.1 In the event of DEAFBLIND SA being dissolved for any reason whatsoever, all assets held by DEAFBLIND SA after payment of all debts and liabilities, shall not be distributed amongst its members but shall be dealt with in terms of the most recent minuted resolution adopted at a Biennial Conference provided that any such assets shall be used for the express purpose of promoting the objectives of DEAFBLIND SA.
17.2 In the event of a dispute the NEC of the SANCB shall be responsible for a decision with regards such a dispute, and in respect of all other matters concerning DEAFBLIND SA.

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