DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

18
CONSTITUTION LX11 Neighbourhood Watch (LX11 NW) To be adopted on the 11 th October 2017

Transcript of DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 1: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

CONSTITUTION

LX11 Neighbourhood Watch (LX11 NW)

To be adopted on the 11th October 2017

Page 2: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 2

1. Preamble Be it therefore acknowledged that the Lyttelton Community Police Forum (LTCPF) and sub forum is established in terms of Chapter 7 of the South African Police Service Act. Act 68 of 1995 (the principle act), and as amended on 28th October 1998 providing a framework for the establishment, functions and control of municipal police services and the South African Police Service Interim Regulations of Community Police Forums and Boards, 2001 (hereinafter referred to as the Interim Regulations 2001), with the aim of ensuring effective liaison between the South African Police Service (SAPS), Cluster Community Police Boards (CPB), Community Police Forums (CPF) and Community Police Sub Forums (CPSF) in Gauteng as envisaged by section 18 of the principal Act. Due regard shall be taken of the implications of various legislations, regulations and government policies, for example Section 30 of the Income Tax Act and related regulations, Regulations for Safety Measures at Public Schools of 10th November 2006. It is recognized that all members of the SAPS and the community share responsibility and are interdependent on each other to ensure a safe and secure environment for all of the residents of LX11, people in the Lyttelton Precinct, complementing the Tshwane Central Cluster CPB and Gauteng Province.

It is incumbent on every member of a Community Police Forum to ensure that the partnership between the community and SAPS is maintained in the Lyttelton Police Precinct, Pretoria Central Cluster, Gauteng Province and that all community Safety- and Victim Support Structures are directed, monitored and guided to act within the law.

2. Introduction

The LX11 NW consist of the area between Botha Avenue, Limpopo Avenue, Leonie Street, Clifton Avenue and Amkor Street in Lyttelton Manor, Centurion. The LX11 NW is an autonomous organization and will represent the residents in the before mentioned area. Membership to the LX11 NW is possible by virtue of a household and/or business having a physical address in the area. The LX11 NW is mainly concerned with crime-prevention activities and therefore will be subject to all CPF regulations and guidelines, and will affiliate with the CPF in whatever structure or format is appropriate. Therefore the LX11 NW and its members will be subject to any rules, regulations or guidelines of the CPF. Membership of the LX11 NW is not automatic, and will only be valid once the necessary procedures have been adhered to, as may be stipulated by the EXCO from time-to-time.

3. Name and Logo 3.1. The association will be officially known as: LX11

3.2. The logos and Letterhead

The logo: A honey badger with white back and black body, framed in a red off-square rectangular frame, with the word LX11 in red-outlined gold within a black oval . The words “Neighbourhood Watch”, or “Patrol Vehicle” or any other phrase may be used and associated with this logo if approved by the LX11 EXCO in writing. The logo should only be used for official LX11 activities and correspondence

Page 3: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 3

4. Structure of the Neighbourhood Watch 4.1. A Neighbourhood Watch is associated with Patrollers and a coordinated attempt

to curb crime under the guidance of the SAPS and the Community Police Forum, through visible patrolling and the maintaining of a presence in the area and neighbouring areas.

4.2. LX11 Neighbourhood Watch will have an Executive Committee with member(s) dedicated to the various portfolios, who will control and coordinate the functions and functioning of the LX11 NW, and LX11 NW will be subject to rules and guidelines of the local CPF structure(s).

4.2.1. The underlying assumption and condition of being a member of the LX11 NW will be that mutual consideration towards fellow members is the foundation and point of departure for membership.

4.3. Members of the LX11 NW

4.3.1. Could be Registered Patrollers under the local CPF or CPSF and under their rules, and such patrollers will have itself represented by the LX11 NW. 4.3.1.1. Members of the LX11 NW do not have to be active patrollers,

but must be active within the functions and structures of the Neighbourhood Watch, as will be defined by the EXCO.

4.3.2. Will have to comply with the qualification criteria for membership as will be stipulated by the EXCO

4.3.3. Could be involved in more community-oriented initiatives. Such initiatives will be approved by the EXCO to fall, or maybe don’t fall, under the definitions of the Neighbourhood Watch with regards to its role in crime prevention.

4.4. LX11 Neighbourhood Watch (LX11 NW) may also simply be known as LX11

5. Establishment of LX 11 Neighbourhood Watch

The LX11 Neighbourhood Watch was unofficially established in April 2017, under the guidance of LT CPSF2, by members of the community of the area between Botha Avenue, Limpopo Avenue, Leonie Str, Clifton Avenue and Amkor Street (Refer to Annexure A for reference) as a starting point to launching LX11 at the earliest convenient time.

6. Language The language of formal communication in LX11 will be English, in recognition of the variety of languages that may exist in LX11. This will also apply to general rules when establishing communication platforms, as a guideline for mutual consideration amongst members of LX11.

Page 4: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 4

7. Main Aim The main aim of LX11 is to form a platform for community initiatives, to foster and encourage neighbourliness, to get people from the community to get to know and support each other, and in the process to also prevent crime in the area (through a working relationship with SAPS according to the constitution of the CPF).

8. Objectives and functions

LX11 shall always execute, pursue and/or perform its aims, functions and objectives as an organization without charging a regular fee. Any donations, income or expenses may be channeled through a separate and applicable business entity, as to be decided by the EXCO. Also see paragraph 4.3.3 LX11 may in relation to its members and within the LX11 Area, perform the following functions, as deemed necessary, as an affiliated member of the local Community Police Forum (‘CPF’): 8.1. To designate members to key positions to monitor and reduce the security risks

in the area. 8.2. To cultivate amongst its members a sense of taking responsibility for themselves,

their families, neighbours, streets and businesses.

8.3. To establish communication channels between members and between members and relevant institutions.

8.4. To monitor and report on the efficiency of members’ own resident security, security companies and emergency services, so that action can be taken to improve reaction and operational abilities.

8.5. To train members to be able to cope with any emergency, whether criminal or natural disaster.

8.6. To promote and cultivate among members and residents within the LX11Area:

8.6.1. A culture of respect for the Constitution and other Laws of the Republic of South Africa, human rights, and the rule of law;

8.6.2. A sense of consideration, good neighbourliness and unselfish service to each other; and,

8.6.3. The attitude of being each other’s proverbial ‘eyes and ears’. 8.6.4. To perform the Functions in a manner not to operate or be perceived to

operate as: 8.6.4.1. A law enforcement agency; and/or, 8.6.4.2. A security company or armed response unit.

8.7. Maintain a database within all legal frameworks and regulations, of the people living in LX11, with the purpose of 8.7.1. Establishing and forging communication systems, so that members of

LX11 can support each other in personal or business capacities, 8.7.2. Establishing and forging communication systems, so that members of

LX11 can support surrounding resident’s associations/neighbourhood watches in personal or business capacities,

Page 5: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 5

8.7.3. Support each other through networking contacts and/or information knowledge

8.8. LX11 is not a legal service provider, and will therefore adapt changes and policies per legal requirements as and when such requirements are brought under its attention

9. Membership Members of LX11 are individuals meeting the requirements as set out and approved by the Executive Committee (the “EXCO”) as members: 9.1. An application by a person for membership of LX11 will only be considered if the

application satisfies the following requirements: 9.1.1. The application must be on an application form as prescribed by the

EXCO, completed truthfully and honestly; 9.1.2. It must be accompanied by all requisite supporting documents; and, 9.1.3. It satisfies any further requirements set by the EXCO from time to time.

9.2. To become a member, an applicant must:

9.2.1. Be a bona fide resident of immovable property within the boundaries of the LX11 Area;

9.2.2. Be a Citizen of or have the right of permanent residence in the Republic of South Africa and at least 18 years of age;

9.2.3. Have no, or a declared, criminal record (in which case the EXCO will make a final decision on membership) and in general strive to be a law abiding citizen;

9.2.4. In the discretion of the EXCO, be fit and proper i.e. that, based on his/her character, demeanor and conduct, he/she can reasonably be expected and anticipated to abide by the provisions of this Constitution and the LX11 Code of Conduct, as they exist from time to time;

9.2.5. Be nominated and recommended for membership by an existing member of good standing;

9.2.6. Be an active and involved user of all the prescribed communication platforms as determined by the EXCO of LX11, and abide by any rules for the use of such communication platforms, as set out and determined by the EXCO from time to time,

9.2.7. Satisfy any other or further requirements set by the EXCO.

9.3. A person will not be entitled to become a member of LX11 if: 9.3.1. His/her application does not satisfy the requirements set out in

paragraph 9.1 above; and, 9.3.2. He/she does not satisfy the qualifications set out in paragraph 9.2.

9.4. Broad definition of membership

Notwithstanding any more detailed definitions and descriptions of membership to LX11, the following broad guidelines apply: 9.4.1. Membership of LX11 implies that members will be on the database of

LX11, as well as any communication platforms. Such platforms do not include, nor does it replace, any CPF communication platforms

9.4.2. Membership of LX11 NW requires registration with the local CPF, which will be automatic as per the LT CPSF2 Constitution. 9.4.2.1. Residents of the LX11 area who wish to not be part of the LX11

NW will be encouraged to join the local CPF as individual members without an affiliation from a Neighbourhood Watch.

Page 6: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 6

9.4.3. Members of LX11 will have to fill out any required forms, as decided upon by the EXCO, and which may be adapted from time to time.

9.5. The EXCO is entitled, pursuant to disciplinary proceedings contemplated by

paragraph 9.1 hereof, to terminate a person’s membership under the following circumstances: 9.5.1. If it appears that the prescribed application form was not completed

honestly and truthfully; 9.5.2. If he/she contravenes the provisions of this Constitution, the Code of

Conduct or any directives or requirements issued by the EXCO; 9.5.3. If he/she brought LX11 in disrepute; and, 9.5.4. If he/she is no longer fit and proper i.e. that, based on his/her character,

demeanor and conduct, he/she cannot reasonably be expected and anticipated to abide by the provisions of this Constitution.

9.5.5. The EXCO shall keep a register of all members of LX11, under the guidelines set out in paragraph 9.2 above, and regarding paragraph 9.3 above.

10. Composition of LX11 10.1. Executive Committee 10.2. Area coordinators 10.3. Patrollers 10.4. Members

11. The Executive Committee (EXCO) The management of LX11 will reside in the EXCO.

11.1. The EXCO will comprise of a minimum of six and maximum of ten elected EXCO members and a maximum of four co-opted members. 11.1.1. Portfolios to be filled are

11.1.1.1. Chairperson 11.1.1.2. Vice-chairperson 11.1.1.3. Secretary 11.1.1.4. Treasurer 11.1.1.5. Head of Operations (also in charge and responsible for

Patrollers schedules, conduct and training). See paragraph 18.1

11.1.1.6. Vice Head of Operations 11.1.1.7. JOC 11.1.1.8. Municipal issues 11.1.1.9. Fundraising 11.1.1.10. Additional portfolios to be stipulated by the EXCO

11.2. The members of the EXCO will be elected by an Annual General Meeting or a

Special General Meeting of members.

11.3. If more than eight candidates have accepted their nominations for election to the Executive Committee, then: 11.3.1. Each member present at the meeting (excluding members represented

by proxy) will be entitled to vote for a maximum of eight candidates;

Page 7: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 7

11.3.2. The eight members with the highest number of votes per nominated portfolio will be elected to the Executive Committee. Such candidates will be allowed to “canvas for support” before the election, by engaging with the members of LX11 in a manner approved, in writing, by the Executive Committee 11.3.2.1. Should any candidates receive the same number of votes, a

separate vote, done by show of hands, whilst the nominees are excused from the room, will be held. Should another tie occur the portfolio will be shared between the nominees by more than one person, or jointly by submitting a letter of recommendation for one person to take over, to the EXCO.

11.3.2.2. The Chairperson will have the right to terminate any working relationship on a portfolio shared by more than one person, by submitting a letter of recommendation to the EXCO.

11.3.2.3. Should any person(s) wish to appeal the decision as set out in 11.3.2.2, a complaint must be lodged within seven (7) days with the secretary. The outcome of the appeal as decided upon by the EXCO (excluding members of involved portfolio) will be final.

11.4. An EXCO member will serve for a term of two calendar years.

11.5. A quorum can be reached during an EXCO meeting by the Chairperson and two

EXCO Members.

11.6. During an AGM where the EXCO will be elected, the nominees for the respective portfolios will be elected by the community according to the nominated portfolios, by a process of ballot forms (or show of hands if only one nomination for a portfolio was made, to be supervised by a delegate of the relevant CPF sub-forum). If votes are tied on the election of a Chairperson or vice-chairperson, the person to fill the portfolio will be determined by the newly elected EXCO, not in the presence of nominee(s). The Person(s) not elected will have the opportunity to fill a non-voting and/or consulting portfolio on the EXCO.

11.7. An outgoing EXCO will continue to exist and operate until the first meeting of an incoming Executive Committee, the date of which will be set by the retiring Chairperson.

11.8. The EXCO has the right to co-opt no more than four persons from the ranks of LX11 members, which co-option will endure until the end of term of that Executive Committee. 11.8.1. A co-opted member of the EXCO will become entitled to vote only on

expiry of a period of six months from his/her co-option AND provided he/she has attended no less than two EXCO meetings.

11.9. The EXCO is to meet no less than four times per calendar year.

11.10. Although the EXCO does not have to consist of registered CPF patrollers, it is

highly advisable for members of the EXCO to be registered as such.

Page 8: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 8

11.11. An EXCO member’s tenure on the EXCO will terminate: 11.11.1. If he/she becomes unfit to perform the duties of a EXCO member; 11.11.2. On his/her written resignation; 11.11.3. On the termination of his/her membership of LX11; 11.11.4. If an EXCO member moves from the LX11 area; 11.11.5. If the EXCO so resolves by special resolution. 11.11.6. A vacancy on the EXCO will be filled as soon as practically possible by

the EXCO.

11.12. Powers of the Executive Committee: 11.12.1. In addition to the powers stated or implied elsewhere, and save as

provided to the contrary, the EXCO will possess all powers necessary to give effect to the provisions of this constitution. Without detracting from the generality of the foresaid, the EXCO shall have the following powers:

11.12.2. To consider applications for membership, to approve (with or without conditions) or decline same or to terminate the membership of a member.

11.12.3. To act in cases which are desirable or deemed necessary regarding the affairs and interests of the members of LX11.

11.12.4. To elect any of its members to represent LX11 on its behalf, where deemed necessary.

11.12.5. Sub Committees may be appointed consisting of one or more EXCO members. The EXCO member can request LX11 members to assist him /her with certain duties and functions.

11.12.6. To amend the Code of Conduct when needed. 11.12.7. To execute those powers stated or implied elsewhere in this

constitution. 11.12.8. To take all such steps to pursue the Main Aim of LX11 and/or to

implement and/or execute the Functions and Objectives of LX11. 11.12.9. To make decisions that may require an AGM to confirm and to have

such decisions endorsed at the next AGM.

11.13. The EXCO Executing Committee (EXCO EC): 11.13.1. The EXCO Executing Committee (EXCO EC) will consist of the

Chairperson, Vice-Chairperson and Secretary 11.13.2. The EXCO EC will have the following powers:

11.13.2.1. Those powers delegated to it by the Executive Committee; and,

11.13.2.2. The powers to take decisions about any urgent matters, i.e. matters that require a decision and/or action before the next EXCO meeting.

11.13.2.3. Decisions taken by the EXCO EC under circumstances of urgency are to be ratified by the EXCO at the first subsequent EXCO meeting.

11.14. Meetings of Members: 11.14.1. The EXCO is responsible to call an Annual General Meeting (“AGM”) at

least once per calendar year, as well as Special General Meetings (“SGM”) as and when circumstances so demand.

11.14.2. Written notice of an AGM or a SGM will be given to all registered members via e-mail (or any other communication platform as decided upon by the EXCO) as recorded in the records of LX11. Notice will be given at least 14 days prior to the date of the meeting.

Page 9: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 9

11.14.3. A quorum of 20 community members or a full representation of the EXCO with at least 5 community members is required for any AGM or SGM. If this quorum is not attained, that meeting will be postponed to a date no less than seven days, but within 14 days, from the said meeting, at which occasion no quorum will be required. Notice of the date, time and venue of the postponed meeting is to be dispatched to community members via e-mail (or any communication platform as determined by the EXCO as recorded in the records of LX11) by no later than three days before the date thereof.

11.14.4. The Chairperson will report to the AGM on important matters and events, the activities of the EXCO since the previous AGM, members’ affairs (including any disciplinary steps taken) as well as plans for the following year.

11.14.5. The Treasurer shall account at every AGM about any financial affairs that may have had an impact on the LX11 Neighbourhood Watch, although LX11 NW will not have its own finances, during his/her period since the last AGM. Please refer to paragraph 8 as well.

11.14.6. Amendments to the Constitution may only be effected at an AGM or and SGM, to be read with paragraph 11.12. Notice of proposed amendments is to be given to all registered members of LX11 via e-mail (or any communication platform as determined by the EXCO) as recorded in the records of LX11, of which notice will be given at least 14 days before the date of such meeting.

11.14.7. At an AGM or SGM members may vote according to rules as set out in this constitution, and failing any clear directives the general rule will be that a two-thirds majority will establish a vote in favour. 11.14.7.1. A limit of 1 (one) proxy per member attending will apply at all

times for all meetings where voting is to decide a point on the agenda, except for Area Coordinators, who may hold more than 1 (one) proxy..

11.14.7.2. Proxy forms will be made available by the EXCO

11.15. Meetings in General: These provisions will apply to all meetings of members, the Executive Committee, Sub-Executive Committees or the Executing Committee. 11.15.1. Meetings shall be conducted as determined by the Chairperson. 11.15.2. Each member present at a meeting, whether in person or represented

by written proxy, will have one vote (except as provided for in paragraph 11.14.7.1). If there is a tie of votes, the Chairperson is entitled to a second vote.

11.15.3. Ordinary Resolutions by a meeting are taken by way of ordinary majority vote i.e. 50% plus one and Special Resolutions by a special majority i.e. at least 75%.

11.15.4. Absentees from meetings will only be excused on prior notice to the Secretary, and provided that a proxy has been given to the Area Coordinator or another member of LX11, on the conditions as set out by 11.14.7.1.

11.15.5. In the event of temporary absence of the Chairperson, the Vice-Chairperson will act as Chairperson. The Vice-Chairman acting as such will have all the rights and obligations of the Chairperson.

11.15.6. The Secretary is to keep records of minutes of all meetings, which minutes must fairly represent what occurred and was resolved, and which minutes must be accepted at the next meeting of that body.

Page 10: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 10

11.16. Assets 11.16.1. LX11 Neighbourhood Watch will not own any assets. Any material,

product or tools that may be deemed to belong to the LX11 Neighbourhood Watch will be in an asset register of a separate entity (see paragraph 8)

11.17. Legal Matters

11.17.1. Legal proceedings by or against LX11 will be instituted in the name of the Chairman nomine officio.

11.17.2. LX11 is a juristic person and no member of the EXCO will be held personally liable or accountable for any actions taken in respect of duties towards LX11

11.18. Discipline 11.18.1. Upon receipt of a written complaint, the EXCO will direct the complaint

to the member in question, who is entitled to respond in writing to the complaints within seven calendar days. 11.18.1.1. The EXCO must consider the complaint and response (if

any). If the complaint relates to bringing LX11 in disrepute, breach of the provisions of this constitution so as to jeopardize or seriously threatening to jeopardize the operations of LX11, the execution and implementation of this constitution, then the EXCO may resolve by special resolution: 11.18.1.1.1. To / Not to institute disciplinary steps; 11.18.1.1.2. To address a letter to the person/persons to

which the complaints relate, reminding him/her/them of his/her/their obligations in terms of this constitution;

11.18.1.1.3. To formulate charges; and/or, 11.18.1.1.4. To refer the matter to a disciplinary sub

committee 11.18.1.1.5. The disciplinary subcommittee will be appointed

consisting of the Chairman (of the EXCO sitting as Chairman of the disciplinary subcommittee) and two members of LX11 who are not members of the Executive Committee. Special representation of such disciplinary EXCO may be requested from members of the local CPF, with powers as decided by the EXCO, and given in writing beforehand.

11.18.1.2. The Chairman will notify the member in question in writing of the charges against him/her. A date must be specified, no less than seven calendar days from receipt of the notice, time and venue of the hearing.

11.18.1.3. The charged member is entitled to legal representation, to state his/her/their case(s), to present the version of event(s) as told by his/her witnesses and to cross-examine the witnesses giving versions in support of the charges and to advance arguments.

11.18.2. At the hearing, the disciplinary sub EXCO will:

11.18.2.1. Hear the statement of the complainant and other persons supporting the charges;

Page 11: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 11

11.18.2.2. Grant the charged member opportunity to state his/her version and to present the versions supporting him/her;

11.18.2.3. Hear argument(s); 11.18.2.4. Render a verdict and give a reason(s) therefore; 11.18.2.5. Hear statements and argument on appropriate disciplinary

measures; and, 11.18.2.6. Make a recommendation to the EXCO about the disciplinary

steps to be taken. 11.18.2.7. After consideration of the findings and recommendation, the

EXCO will by special resolution, either accept (with or without amendments) or reject the recommendation and communicate same in writing to the charged member, within reasonable time of such disciplinary hearing.

11.18.3. The right of appeal against any finding of the disciplinary EXCO or disciplinary steps taken against a member will be decided upon by the EXCO of the local CPF sub-forum, and any recommendations made as such will be binding on LX11.

12. Area coordinators 12.1. The area of LX11 is split and divided into streets, with an area

coordinator fulfilling the role of a “Street Captain” and being responsible for the residents of such a street, per Annexure B.

13. Patrollers 13.1. Registered Patrollers of LX11 are people who, in their own private

capacity as volunteers, attempt to 13.1.1. Ensure that LX11 are safe and who will report issues

pertaining to the cleanliness of the area. 13.1.2. Make residents of LX11 feel comfortable and safe living in the

area. 13.1.3. Appreciate property values by making LX11 a preferred place

to live. 13.1.4. Prevent crime by being visible in the streets on a regular

basis. 13.1.5. Assist community members when possible if there are needs

identified.

13.2. Further to the above points: 13.2.1. Meet regular, not less than 4 times per year, this can run con-

currently with an EXCO meeting if so wished by the Executive Committee.

13.2.2. Such an occasion is highly recommended to forge trust and team spirit with the Patrollers.

13.2.3. A register must be kept of al LX11 patrollers by the Head of Operations.

13.2.4. All LX11 Patrollers need to be registered with SAPS, records of fingerprints must be taken and necessary legal documentation completed, according to any rules and/or guidelines of the local CPF

13.2.5. A meeting of Patrollers will only have a quorum if 60% of the registered patrollers are in attendance.

13.2.6. Minutes are kept and circulated

Page 12: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 12

14. Amendments to the Constitution 14.1. The constitution of LX11 can only be amended during an Annual General

Meeting or Special General Meeting, with due regard to provisions made

by paragraph 11.12.

14.2. This constitution recalls and/or replaces any previous constitution for

LX11 or constitution for the same geographical area, with its enclosures

and or annexures as a whole.

14.3. Intention to amend the constitution, as well as the proposed

amendments, must be circulated to EXCO members of LX11 at least 21

days prior to the meeting and; and pursuant to paragraph 11.14.6.

14.4. The constitution can only be amended by a two thirds majority of the

required quorum for an AGM and or Special Meeting, except for

provisions made by 14.1 and 14.3 above.

15. Code of Conduct 15.1. Annexure C refers to the Code of Conduct of members of LX11, and

Annexure D for a definition of types of misconduct.

15.2. Notwithstanding any similarities, will all members of LX11 NW also be

bound by the constitution of the local CPF

15.3. All members of LX11 must sign the Code of Conduct

16. CPF affiliation 16.1. LX11 NW will be affiliated to its local Community Police Forum (CPF and

CPSF) and its members will be subject to any rules or guidelines of the

CPF.

16.2. The chairperson of LX11 or a delegate will represent LX11 at every

applicable CPF meeting.

17. Acceptance of the initial Constitution 17.1. The initial constitution will be circulated amongst members of the LX11

NW (initial patrollers) for a period of 7 (seven) days, for their input.

During this time, or immediately thereafter, any legal opinions may be

given. The final decision on the composition of the initial constitution will

be made by the interim EXCO, whereafter…

17.2. A copy of the initial constitution will be made available to residents of

LX11 for a period leading up to 5 days before the first LX11 meeting,

during which time residents can voice their opinions and suggestions.

The final decision on the composition of the initial constitution will be

Page 13: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 13

made by the interim EXCO no less than two days before the first LX11

meeting, during which the final constitution will be presented to the

community present.

17.3. A quorum of two thirds of people present at the first LX11 meeting will be

required to vote in the constitution as the official constitution of LX11.

Should a two-thirds majority not be reached, the EXCO will make a

decision on disputes, draft a new version of the constitution and present

it to the community no less than 14 days later, at which time the

constitution will be voted in by members of the EXCO, having to be in full

agreement.

18. Addition of Annexures 18.1. Annexures added to the constitution will be deemed part of the

constitution of LX11 if approved by at least two thirds of the members of

the LX11 EXCO.

18.2. Such annexures should not be seen as changing or replacing the

constitution (for which an AGM or SGM is required) but to better define

operational, financial, logistical or any other functions, unless with

provisions allowed for by paragraph 11.12.

19. Dissolving of LX11 19.1. In the event of LX11 Neighbourhood Watch having to dissolve in part,

any assets, records and finances will be transferred to the entity as

referred to in paragraph 8.

Page 14: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 14

Annexure A - LX11 Area

Page 15: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 15

Annexure B – Area Coordinators (Street Captains) Street Captains – resolutions at first meeting on 28 June 2017 GATHERING OF INFORMATION / DETAILS

1) Information will only be gathered in earnest when POPI act requirements are sorted, forms redistributed and identification letter received.

2) Make use of street captain form 3) All information to be kept safe. 4) All properties are to be mapped. 5) Some type of identification is important as broader public won’t know who we are.

Necessary for door-to-door canvassing. 6) People are requested to get information from their neighbours, to assist in

populating the database. 7) Street WhatsApp group will be the preferential initial communication method. 8) Street captains are responsible for adding / removing residents. 9) POPI ACT

a. Signed copy of individual agreeing to Act as well as the use of their personal information is necessary.

b. Ensure that people are informed regarding what their personal information is used for as well as how we will keep this information safe.

c. Patrollers need access to information. 10) WELCOME PACK

a. For new residents in the area b. Socializing: Make use of street braais to get to know people in your street

and broader LX11 community. 11) IMPORTANT

a. Street captains (Area coordinators) must be registered patrollers – important for police clearance and to create trust between communities.

12) FOCUS / FUNCTION a. Manage LX11 on a more personal/ base-level. b. Capturing and safe keeping of data. c. Building rapport and community relationships. d. Sharing important information with the community.

Page 16: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 16

Annexure C – Code of Conduct CODE OF CONDUCT

1) Members of LX11and all its structures shall not promote a. Any party-political agenda b. Racial issues c. Pornography d. Sexism e. Any form of discrimination

…when dealing with matters at all levels mentioned in this Constitution.

2) Members shall not use any abusive language or make sexist or racist remarks.

3) Members shall refrain from gossiping and/or slander.

4) All patrollers from LX11 NW will adhere to any policies and rules of the local CPF.

5) Members of LX11 must declare any conflict of interest and not participate on matters where there is a conflict of interest.

6) Members must behave in a professional, controlled and dignified manner when dealing with each other and with the wider public.

7) Members of LX11 shall not be actively involved in any projects, initiatives or actions of LX11 whilst under the influence of liquor, drugs and all other illegal intoxicating substances.

8) Members of LX11 shall not bring LX11 and its sub structures into disrepute.

9) Any member who contravenes this Code of Conduct shall be dealt with in accordance with the disciplinary process referred to in paragraph of this Constitution and may be suspended pending a disciplinary hearing after application of the Audi Alterem Partem Rule.

Page 17: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 17

Annexure D - Misconduct MISCONDUCT

1) Misuse of property belonging to LX11;

2) Disclosing confidential information of LX11 to the public, individuals or institutions without the prior written consent of the LX11 EXCO.

3) Disclosing and/or dissemination false information and/or rumours.

4) Acting in a manner that exposes the patrollers of LX11 or the general community to a dangerous environment and/or criminals.

5) Intentionally disregarding the constitution.

6) Acts for other groups and/or persons who seek to disrupt the activities and/or harmony of LX11.

7) Theft, fraud, insults or use of inappropriate language against members of the general Community.

8) Using the platforms of LX11 to advance personal, business or political interests or gains, unless explicit permission has been granted by the Executive Committee.

9) Disobedience of the laws of the Republic of South Africa.

10) Inappropriate use of the logo

Page 18: DRAFT 2 OF PROPOSED 2015 CONSTITUTION: FOR DISCUSSION …

Page 18

Definitions: LX11 - Lyttelton Extension 11 - Area of responsibility LX11 NW - Lyttelton Extension eleven Neighborhood Watch LTCPF - Lyttelton Community Police Forum and sub-forum SAPSA - South African Police Service Act SAPS - South African Police Service CPB - Cluster Community Police Boards CPF - Community Police Forum CPSF - Community Police Sub Forum EXCO - Executive Committee - The management of LX11 will reside in the EXCO EXCO EC - Executive Committee Executing Committee JOC - Joint Operations Centre - Medium to coordinate with patrollers out on duty Constitution - Document that outlines the fundamental and entrenched rules governing the conduct of this organization AGM - Annual General Meeting SGM - Special General Meeting COC - Code of Conduct Patrollers - People who volunteer in their own private capacity to perform certain functions POPI Act - The Protection of Personal Information Act - “the PoPI Act is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity's personal information by holding them accountable should they abuse or compromise your personal information in any way Audi Alterem Partem Rule - a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. nomine officio -