Our Constitution

3. Area of operation and fundraising

5. Composition of the Head Committee

11. Composition of the Executive Committee

12. Powers and duties of the Executive Committee

16. Amendment of the Constitution

1. Name and status:

1.1 The name of the organisation is Blind SA, hereinafter referred to as Blind SA.
1.2. Blind SA is a body corporate having perpetual succession whose assets exist independently of those of its members.
1.3 Neither the profits nor the assets of Blind SA are distributable amongst its members.
1.4 Blind SA is an organisation not-for-profit in terms of the Nonprofit Organisations Act, no. 71 of 1997.
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2. Objectives:

The objectives of Blind SA are to promote the interests of all blind people by:

2.1 Combating poverty.
2.2 The empowerment of blind people by amongst others the provision of braille, the distribution of information and the provision of other developmental services. Members of member organisations of Blind SA enjoy preference.
2.3 Acting as a pressure group with regard to any matter concerning blind people.
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3. Area of operation and fundraising:

Blind SA provides services and raises funds within the Republic of South Africa and elsewhere.
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4. Membership:

4.1. Membership of Blind SA shall be open to any properly constituted Organisation of blind people, whose main objectives and policies are similar to those of Blind SA and who agrees to abide by and implement the decisions taken by the Head Committee of Blind SA.
4.2 The membership of Blind SA shall consist of those organisations, which were branches of Blind SA.
4.3 A member organisation of Blind SA may be established with a minimum of ten members.
4.4 New member organisations may be established by seceeding from an existing member organisation.
4.5 Organisations of blind people operating within the Republic of South Africa not previously belonging to Blind SA in terms of sub-section 4.2 above may be granted membership to Blind SA, subject to such criteria for membership as the Head Committee may from time to time prescribe, provided that:
4.5.1 The objectives and principles contained in any such organisation's constitution are substantially similar to those contained in the Constitution of Blind SA; and
4.5.2 Any such organisation is a not-for-profit organisation as defined by, and in terms of the Nonprofit Organisations Act (71 of 1997) or amending legislation.
4.6 The decision for the granting and termination of membership shall rest with the Head Committee at a general meeting.
4.7 Written notice of application for membership, accompanied by the applicant organisation's constitution, as well as the applicant organisation's latest audited financial statements, shall be submitted to the Executive Committee for scrutiny and recommendation.
4.8 Written notice of a motion to terminate membership of a member organisation shall be given no fewer than ninety (90) days prior to the meeting of the Head Committee at which the motion of termination is to be considered.
4.9 When a member organisation is not functioning or is no longer viable, the Head Committee may consider the position regarding the membership of that member organisation.
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5. Composition of the Head Committee:

The Head Committee consists of:

5.1 The President, Vice-President and National Treasurer who are nominated by the Management Committees of member organisations and are elected by the members at their annual general meetings as office-bearers for a quadrennial term of office.

5.2 Two representatives of each member organisation, of which one shall preferably be the Chairperson of the member organisation, who are elected at the Annual General Meeting as members of the Head Committee for a period of two years.

5.3 The seven chairpersons of the committees who are nominated by the member organisations at their annual general meetings and who are elected by the Head Committee for a period of two years.

5.4 Any additional members co-opted by the Executive Committee.

5.5 Within three months after the General Election the Head Committee, consisting of the office-bearers, representitives of the member organisations and the outgoing chairpersons of the seven committees shall meet to appoint six chairpersons for the following committees:

5.5.1 Advocacy;

5.5.2 Braille;

5.5.3 Careers;

5.5.4 Education;

5.5.5 Information;

5.5.6 Loans; and

5.5.7 Youth, study bursaries and student affairs.

5.6.1 After the result of a general election is known the President, vice-president and the treasurer immediately assume office.

5.6.2 After the result of a general election is known or after the expiry of the two year term of office of the chairpersons of the seven committees and until the end of the next Head Committee meeting the affairs of BLIND SA shall be managed by the three newly elected office-bearers and the outgoing chairpersons of the seven committees.

5.7 When a vacancy occurs the Head Committee or Executive Committee shall appoint a substitute for the unexpired portion of the term of office or until a by-election can be held.

5.8 A forum of chairmen of member organisations shall meet regularly to enhance communication between member organisations and between member organisations and the Executive Committee and Head Committee.

5.9 In the case of an equality of votes between two candidates at a general election, the person who has received most votes in the majority of the member organisations, is deemed to have been elected.

5.10 The member organisations also nominate other members for the seven committees at their annual general meetings which committee members are elected by the Head Committee for a period of two years. These committee members are not members of the Head Committee.
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6. Powers and duties:

6.1 The Head Committee:
6.1.1 Is the policy determining body of Blind SA which may also initiate and monitor activities.
6.1.2 Is the controlling body of Blind SA which has the power to veto any decision of any committee, to approve and to terminate the membership of any member organisation and to dismiss any member of any committee which it has appointed.
6.1.3 May enter into agreements that will facilitate and expedite meeting the needs of blind people.
6.1.4 May co-operate with any institution having similar objectives in promoting the interests of blind people.
6.1.5 May appoint standing committees from amongst the members of member organisations, and may dissolve any committee where necessary. Committees may appoint subcommittees.
6.1.6 May appoint representatives and delegates to national and international events.
6.1.7 May render financial or other assistance by means of donations or loans.
6.1.8 May own and register immovable property in the name of Blind SA.
6.1.9 May purchase, lease or exchange any movable or immovable property or any right, or it may acquire same in any other way or it may alienate, mortgage or be vested with any movable property, immovable property or right belonging to Blind SA or deal with it in any manner which it deems fit.
6.1.10 May borrow, raise or collect money.
6.1.11 May institute or defend any actions in any competent court of law and sign all resolutions or powers of attorney in connection therewith.
6.1.12 Shall institute all legal proceedings by Blind SA in the name of Blind SA.
6.1.13 May establish trust funds for specific projects.
6.1.14 May formulate policy regarding the appointment of staff, the creation of posts and the determination of service conditions and salary scales.
6.2 The ownership of any movable or immovable property which belongs to Blind SA, shall be vested in Blind SA as a legal person.
6.3 All mortgages and deeds of transfer in respect of immovable property shall be registered in favour of Blind SA.
6.4 The Head Committee or Executive Committee may invest any financial assets which might accrue to or be acquired by the organisation, or deal therewith and open and conduct deposit accounts, only at registered financial institutions as defined in Section 1 of the Financial Institutions (Investments of Funds) Act, 39 of 1984, and in listed shares through a registered broker, in the Securities Exchange as defined and noted in terms of the Stock Exchange Control Act (Act no. 1 of 1985).
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7. Meetings of Head Committee:

7.1 The Head Committee meets annually.
7.2 A special meeting may be held at the instance of the President, or at the request of the Executive Committee, or a quorum of the Head Committee, or a quorum of member organisations.
7.3 At least two months notice shall be given of an ordinary meeting. Motions shall reach Head Office at least one month before the Head Committee is due to meet. Agendas shall be sent to members to reach them at least two weeks before the meeting.
7.4 At least two weeks notice shall be given of a special meeting.
7.5 The office-bearers, Chairpersons of the seven committees and representatives of member organisations each have one vote.
7.6 When only one representative of an member organisation attends a Head Committee meeting, he/she shall have two votes.
7.7 The quorum of the Head Committee is equal to a simple majority.
7.8 Voting at the meetings of the Head Committee and Executive Committee may be either by way of voice vote, show of hands or by written ballot.
7.9 The Head Committee and Executive Committee cause minutes of their meetings to be kept, which clearly state decisions taken at any meetings of such committees.
7.10 Blind SA maintains a minute book in which all minutes of all meetings are kept and the minutes of each meeting shall be approved by the subsequent meeting and the chairman of that subsequent meeting signs the minutes of the prior meeting after these have been approved with or without amendment. Any such minutes or an extract therefrom signed by the chairman shall be received as prima facie evidence of the matters therein stated.
7.11 A register of all members of the Head Committee and Executive Committee together with their addresses shall at all times be available at the Head Office of Blind SA.
7.12 The director attends the Head Committee meeting ex officio but he shall have no vote.
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8. The President:

8.1 The President is the Chairman of both the Head Committee and the Executive Committee and is an ex officio member of all committees appointed by the Head Committee or Executive Committee.
8.2 The President may call any meeting of Blind SA and may attend any meeting or delegate a representative to do so.
8.3 The President has a casting - in addition to a deliberative vote.
8.4 The president is responsible for the public relations of the Organisation.
8.5 The President is responsible for writing the annual report of the Organisation.
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9. The Vice-President:

9.1 The Vice-President supports the President and takes over all the tasks and responsibilities of the President when the President is not available or present.
9.2 The Vice-President is an ex officio member of all committees appointed by the Head Committee or Executive Committee.
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10. The National Treasurer:

10.1 The National Treasurer shall present audited annual financial statements to the Head Committee for approval. If the audited financial statements are not available, a statement of income and expenditure shall be presented to the Head Committee and the audited financial statements to the Executive Committee.
10.2 The National Treasurer keeps the Head Committee informed of all bank accounts registered in the name of Blind SA.
10.3 The National Treasurer keeps the Head Committee and Executive Committee informed of the financial affairs of Blind SA and presents interim income and expenditure statements and budgets to the Head Committee and/or Executive Committee.
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11. Composition of the Executive Committee:

11.1 The Executive Committee consists of:
11.1.1 The three office-bearers of the Head Committee; and
11.1.2 The Chairpersons of the seven committees of the Head Committee.
11.2 The Executive Committee may co-opt a maximum of two (2) members.
11.3 The quorum of the Executive Committee is equal to a simple majority.
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12. Powers and duties of the Executive Committee:

12.1 The Executive Committee executes the instructions and implements the resolutions of the Head Committee.
12.2 When the Head Committee is not in session the Executive Committee shall act on behalf of the Head Committee in urgent matters.
12.3 The Executive Committee may incur expenditure at its own instance to a maximum amount determined by the Head Committee from time to time.
12.4 The Executive Committee may, at its own discretion, make interim arrangements in matters not provided for in the Constitution.
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13. Finance:

13.1 All financial transactions of Blind SA shall be conducted by way of a cheque account with a financial institution duly registered in terms of the Financial Institutions [Investment of Funds] Act (39 of 1984) or amending legislation, as amended from time to time or replaced by legislation having similar objects.
13.2 No committee/portfolio may obtain credit in excess of its liquid assets without the prior permission of the Head Committee.
13.3 Cheques of Blind SA are signed by two or more persons authorised thereto by the Head Committee.
13.4 The financial year of Blind SA ends on 31 March.
13.5 All assets and income of Blind SA shall be used solely for the furtherance of the goals and objectives of Blind SA and no part thereof may be used or transferred, either directly or indirectly, to benefit any one person, except in the case of reasonable remuneration or reimbursement in good faith to an official or staff member who has genuinely rendered services to Blind SA.
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14. Staff:

Paid officials of the organisation may serve on a committee and have voting rights in all matters, except for matters which involve them.
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15. Dissolution:

15.1 In the event of Blind SA being dissolved, its property shall be placed in the hands of a liquidator, appointed by the Head Committee. The liquidator shall keep the property in trust for one year. Should Blind SA be reconstituted within this period the property shall once more be vested in Blind SA. Should Blind SA not be reconstituted within this period, the property shall be dealt with in accordance with the latest minuted resolution of the Head Committee, in the interest of blind people, taking the objectives and policies of Blind SA into account on the understanding that assets shall only be transferred to another nonprofit organisation.
15.2 In the event of a dispute arising, the matter shall be submitted by the Head Committee for arbitration in terms of a minuted resolution. In the event of a suitable arbitrator not being available, such dispute shall be submitted to the Law Society of the Northern Provinces which may appoint an arbitrator.
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16. Amendment of the Constitution:

16.1 The Constitution of Blind SA may be amended when the Head Committee, the Executive Committee, a committee/portfolio, a member organisation and/or any member of a member organisation submits a motion to Head Office to amend the Constitution, enabling it to be circulated to all member organisations for consideration at their Annual General Meeting. The Annual General Meeting (or the management committee or special general meeting if authorised thereto by the Annual General Meeting) shall give the representatives of the member organisation guidelines in connection with amendments to the Constitution.
16.2 Thereafter the amendment shall be considered by the Head Committee and the amendment shall be valid if accepted by at least two-thirds of the members who are present and voting at the time.
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17. Legal liability:

17.1 Neither Blind SA nor any of the members of its member organisations shall be liable for damage caused by a member of an member organisation of the organisation or one of its employees to another in good faith and in the course and scope of their employment.
17.2 Blind SA may recover from the wrongdoer any damages it may be obliged to pay to a third party and Blind SA shall not be obliged to reimburse or indemnify the wrongdoer in the event of the wrongdoer paying such damages to the third party himself.
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