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ECMBA Constitution

EASTERN CAPE MUSLIM

BROADCASTING ASSOCIATION

 Constitution

 PLEASE SEE PROPOSED CHANGES IN ITALICS AND YELLOW HIGHLIGHTS

 

  1. NAME of ORGANIZATION

The name of the organization shall be the Eastern Cape Muslim Broadcasting  Association,           hereinafter referred to as the ECMBA.

  1. HEADQUARTERS

The headquarters of the ECMBA shall be in Port Elizabeth.

  1. VISION AND MISSION

Vision – A vibrant community broadcasting medium that informs, invites, and inspires to create a truly enlightened, informed, and Islamically-conscious and Islamically- active community in the Eastern Cape.

Mission – To inform, invite, and inspire the Muslim and not-yet Muslim community of the Eastern Cape to become the Ummatul Wasatah who are fully equipped to meet the challenges facing modern society and to assist in its transformation.

  1. GUIDING VALUES AND PRINCIPLES
  • Promote Religious tolerance, respect and dignity for all persons and communities.
  • Courtesy, politeness, kindness, friendliness, helpfulness
  • Truth and alternative news and current issues.
  • Educate, Inform, Inspire through lectures and discussions.
  • Invite towards Islam, and all that is good.
  • Empower, Develop, Train and provide Opportunities in all fields of radio broadcasting.
  • Respecting the honour and rights of all Executive members, staff, presenters, volunteers, listeners and communities.
  • A culture of honesty and integrity and credibility.
  • Loyalty and commitment and a sense of pride in being part of the radio station.
  • Professionalism and Efficiency and Highest standards of service delivery.
  • Acceptance of personal responsibility and accountability.
  • Recognition of, and appreciation for the sacrifices and efforts of all Executive members (present and past), staff, presenters, volunteers, and community members.
  • Networking with other organisations to promote our objectives.

 AIMS and OBJECTIVES

The aims and objectives of the ECMBA shall be:

  1. To promote, develop, control and manage public broadcasting within the Muslim community of the Eastern Cape Province.
  2. To encourage and promote social, cultural and religious tolerance amongst the broader community.
  3. To promote education, training and skills development in the field of broadcasting and related technology.
  4. To develop, promote and encourage networking with different organs and structures of community broadcast.
  5. To accumulate and generate funds by way of grants, donations, membership, fees, community contributions, advertising revenue, etc and to expend such funds in promoting the interests of the ECMBA and community broadcasting.
  6. To establish a sustainable business model in line with accepted business practices with the aim of creating the financial independence of the ECMBA.
  7. To associate, affiliate and co-operate with any other higher body having similar objectives to those of the ECMBA.
  8. To promote the development of ECMBA broadcasting services that is responsive to the needs of the Muslim communities.
  9. To ensure that broadcasting services operating under the auspices of the ECMBA produce and broadcast programmes that are of local, regional, national and international significance in line with the provisions of the National Broadcasting Authority.
  10. To protect the integrity and viability of community broadcasting services within, primarily, the Nelson Mandela Bay Metropole and, ultimately, the Eastern Cape Province.
  11. To ensure that all broadcasting services operating under the auspices of the ECMBA operate and remain within the parameters of the requirements of Shariah Law as well as the requirements of the National Broadcasting Authority of South Africa (ICASA).
  12. To encourage and maintain equal opportunity practices within the parameters of Shariah Law.
  13. To participate in commercial ventures that are not in conflict with:
  14. Its own aims and objectives
  15. The provisions of the Broadcasting Authority of South Africa (ICASA)

iii. Shariah Law

  1. To establish an Islamic radio station to serve the interests of the Muslim communities within the Eastern Cape Province.

 

  1. OPERATIONAL REQUIREMENTS

 

The ECMBA shall be the official licence holder of all Muslim electronic public broadcasts in the    Eastern Cape Province. All applications for public broadcasting licences shall be made in            consultation with and under the auspices of the ECMBA.

  1. MEMBERSHIP of the ECMBA

Membership of the ECMBA shall be open to all bona fide and duly constituted community           organizations that fulfil the following criteria:-

  1. Masaajid (Mosques)
  2. Cultural

iii.            Religious

  1. Ten (10) or more members belonging to a constituted organisation

Membership of the ECMBA shall only be considered upon receipt of application for membership             on the prescribed form.

No member of the ECMBA, whether a Founding Member (see Memorandum of Articles for       definition) or otherwise, shall lay claim to or have personal rights to any property of the ECMBA           or its subsidiary appendages.

7 (a)       OFFICE BEARERS

The officials of the ECMBA, who shall be elected at an Annual General Meeting, shall consist of:

  1. Chairperson
  2. Vice Chairperson

iii.            Secretary

  1. Assistant Secretary
  2. Treasurer
  3. Public Relations Officer

 

The process for the election of office bearers shall be cognizant of the requirements of Shariah                Law on the one hand and the Constitution of the Republic of South Africa, insofar as the      demographics of the country are concerned, on the other hand.

7 (b)       DUTIES OF OFFICE BEARERS

CHAIRPERSON

The Chairperson, or in his/her absence the Vice-Chairperson, shall preside at all meetings and shall have a vote and a casting vote.

In the absence of both the Chairperson and the Vice Chairperson, the meeting shall elect a Chairperson from among the members of the Executive Committee. Such elected Chairperson shall have a vote and a casting vote.

SECRETARY

The Secretary shall be the official correspondent between the ECMBA and its members. He/she shall submit at the Annual General Meeting an Annual Report, Agenda and an Audited Financial Statement from the Treasurer. These shall be circulated to all members at least twenty one (21) days prior to the Annual General Meeting. The Secretary shall also be responsible for such notices of meetings he/she may be instructed to issue and any other duties that may be assigned to him/her.

ASSISTANT SECRETARY

The Assistant Secretary shall fulfil such duties as may be delegated to him/her by the Secretary. He/she shall also be responsible for recording the proceedings of all meetings. The Assistant Secretary shall act on behalf of the Secretary.

TREASURER

The Treasurer shall be responsible for all financial matters of the ECMBA. He/she shall deposit any funds entrusted to him/her with the ECMBA’s bank within 48 hours. The Treasurer shall present a statement of income and expenditure at every General Meeting.

The Treasurer shall present an audited financial statement at the Annual General Meeting. This should be submitted to the Secretary for circulation twenty-one (21) days before the Annual General Meeting.

The Treasurer shall be responsible for submission of an annual budget for the operations of the ECMBA.

Any TWO (2) of the following officials are authorised to sign cheques for and on behalf of the ECMBA:

  • Treasurer
  • Chairperson
  • Secretary

The Financial Year end of the ECMBA shall be the last day of February each year.

PUBLIC RELATIONS OFFICER

The Public Relations Officer shall interact with corporate bodies and shall be the co-ordinator of all marketing and advertising of the ECMBA.

He/she shall be responsible for all communication as directed from the Excom of the ECMBA.

7(c)        TERM of OFFICE

Elected officials of the ECMBA shall have a term of office of three (3) years with the option of re-             election.

  1. EXECUTIVE-COMMITTEE

Four (4) additional members, who shall be elected from the general membership of the ECMBA, shall constitute an EXECUTIVE COMMITTEE of the ECMBA, together with the officials listed above.

The Executive Committee shall be constituted as follows:

  • Chairperson
  • Vice Chairperson
  • Secretary
  • Assistant Secretary
  • Treasurer
  • Public Relations Officer
  • Four (4) additional members elected from the membership of the ECMBA

All Executive members shall be elected by secret ballot for a term of office of three (3) years.

Fifty percent (50%) plus one (1) of the Executive members present at any one (1) meeting of the Committee shall constitute a quorum.

In the event of there being  vacancies on the Executive Committee which prevent the members to form a quorum for an Executive meeting, the Executive Committee shall call a Special General meeting of members, within three months of the situation arising, for the purpose of electing Executive members onto the vacant positions.

If any member should fail to ill attend three (3) consecutive Executive Meetings he/she shall, ipso facto, vacate his/her seat on the Executive unless he/she has previously obtained leave of absence or is able to furnish satisfactory reasons for his/her absence.

Any resignation from the Executive Committee shall be in writing and shall be handed or emailed to the Chairperson and the Secretary. 

  1. POWERS OF THE EXECUTIVE COMMITTEE

 

  1. The affairs of the ECMBA shall be controlled by the Executive Committee through the General Body, apart from questions of policy which can only be decided upon by the Annual General or Special General Meeting.
  2. The Executive Committee shall be empowered to deal with any matter/s not covered by this Constitution.
  • The Executive Committee shall have the power to deal with all urgent matters in the interim period between General Decisions of matters referred to the Committee by the General Body shall be deemed final and binding.
  1. The Executive Committee shall convene a Special General Meeting or wait for the AGM if the number of Executive Committee members in office prevent the formation of a quorum for Executive Committee meetings. During the period when there are insufficient Executive Committee members to form a quorum for a meeting, then fifty percent (50%) plus one, of the remaining members will constitute a quorum, provided this situation does not exceed a period of three months.
  2. The Executive Committee shall have the power to appoint or co-opt specialists in certain fields to assist the Committee in the execution of its duties as and when required. These co-opted specialists shall only play an advisory role, and not have a right to vote, and they do not become members of the Executive Committee.

 

  1. MEETINGS
  2. A) ANNUAL GENERAL MEETING

The Annual General Meeting of the ECMBA shall be held in Port Elizabeth in the month  last Sunday of June of each year.

  1. B) SPECIAL GENERAL MEETING

A Special General Meeting shall be called:

  1. On a resolution by the Executive Committee
  2. On a requisition, duly signed by 25% of the total membership stating the purpose of such a meeting. Only business specified in the notice of such a meeting shall be dealt with.

 

  1. C) GENERAL MEETINGS OF MEMBERS

General Meetings shall be held once every three (3) months. six months.

  1. D) EXECUTIVE COMMITTEE MEETINGS

                Executive Committee Meetings shall be held at least once every month.

  1. NOTICE OF MEETINGS

 

  1. ANNUAL GENERAL MEETING

Twenty one (21) days’ notice shall be given.

  1. SPECIAL GENERAL MEETING

Seven (7) days’ notice shall be given.

  1. GENERAL MEETING

Seven (7) days’ notice shall be given of General Meetings of the membership of the ECMBA.

  1. EXECUTIVE COMMITTEE MEETING

Seventy two (72) hours notice shall be given. Twenty four (24) hours notice shall be given in the event of an emergency.

QUORUMS AT MEETINGS

A quorum for a General Meeting or a Special General Meeting shall be twenty five percent (25%) of the total membership. If no quorum is present within thirty (30) minutes of the time specified for the meeting, the meeting shall, in the case of an Annual General Meeting, Special General Meeting or General Meeting, be postponed to the same day and hour in the following week. At such adjourned meeting, the members present shall be deemed to be a quorum for the transaction of all business as originally circularized.

In the case of a Special General Meeting called by requisition of the members, if no quorum is present, the meeting shall definitely be dissolved.

A quorum for the Executive Committee meeting shall be fifty percent (50%) plus one of the Executive Committee.

In the event of resignations from the Executive Committee preventing the formation of a quorum, the Executive Committee will initiate processes to have a Special General Meeting to elect the  remaining Executive Members. During the period when there are insufficient Executive Committee members to form a quorum for a meeting, then fifty percent (50%) plus one, of the remaining members will constitute a quorum, provided this situation does not exceed a period of three months.

  1. VOTING POWERS

Each member organization shall be entitled to two (2) votes on any motion that has been duly seconded.

In the event of an equal division, the Chairperson shall have a casting vote.

  1. DISCIPLINE

 

  1. In the event of any member of the ECMBA committing any breach of the provisions of this Constitution, the Broadcasting Act or any of the regulations of the National Broadcast Authority (ICASA) or be guilty of improper or unbecoming conduct, the Executive Committee shall have the powers to:
  2. To expel such offending member/s
  3. To suspend such member/s for a period of time
  • To call upon such member/s to resign his/position
  1. To reprimand such member/s

 

  1. Any member aggrieved by the decision of the Executive Committee may appeal such decision to an Appeal Committee, which shall be constituted and appointed by members of the ECMBA.
  2. If such member is still aggrieved after a decision has been handed down by the Appeal Committee, then such a member may apply, within 30 (Thirty) days, to the Board of Arbitration of the ECMBA for relief and the decision of the Board of Arbitration shall be final and binding.(refer Clause 13)

DISPUTE RESOLUTION

In the event that a dispute arises between parties which dispute cannot be resolved by the Executive Committee, then the dispute shall be referred to a third party for arbitration.

The Board of Arbitration shall be identified and appointed by the ECMBA and shall consist of five members who shall constitute the following:-

  1. Three senior Ulema proficient in Shariah Law.
  2. Two senior practicing Muslim legal practitioners.

The findings of the Board of Arbitration shall be final and binding upon members.

The arbitrator shall be decided upon by the disputing parties in consultation with the ECMBA.

A decision by the arbitrator shall be final and binding and no further recourse shall be available to the disputing parties.

  1. AMENDMENTS TO THE CONSTITUTION

 

  1. Proposed amendments to this Constitution may only be effected in the Annual General Meeting or Special General Meeting duly constituted for that purpose.

 

  1. All proposed amendments to this Constitution shall be reduced to writing and shall be submitted to the Secretary of the ECMBA no less than twenty one (21) days prior to the Annual General Meeting or Special General Meeting. No discussions shall be entertained with respect to verbal submissions of proposed amendments to this Constitution.

 

  1. Amendments to this Constitution shall be effected only with the sanction of a majority of not less than two thirds of the members present and voting at the Annual General Meeting or Special general Meeting.

Notice of any such addition or alteration of the rules at a Special General Meeting shall be subject to the provisions of Clause 10.

  1. The Executive Committee shall be allowed to make proposals to amend the Constitution. The Annual General Meeting shall ratify such proposals.

 

  1. RESCISSION OF RESOLUTIONS

No resolutions of the ECMBA shall be rescinded unless by two-thirds majority of those present        and voting.

  1. DISSOLUTION

 

  1. The ECMBA may be dissolved on a resolution by the majority of the members present at a duly constituted General Meeting of members who shall have been given twenty one (21) days’ notice of such a resolution of dissolution.
  2. On dissolution, the assets of the ECMB shall be realized by a liquidator appointed by the General Meeting and the proceeds shall be distributed amongst bona fide Muslim member organizations of the ECMBA.

LEGAL MATTERS

 

  1. All legal matters of ECMBA shall be dealt with by the Chairperson and Secretary in consultation with appointed legal experts.
  2. Negotiation and conclusion of all contracts pertinent to and on behalf of the ECMBA shall be dealt with by the chairperson and secretary in consultation with appointed legal experts.
  3. Authorization for the above shall be obtained from the Executive Committee in writing before signature.

 

  1. MEANING or APPLICATION of the CONSTITUTION

In the case of doubt as to the meaning or application of any of the provisions of this               Constitution, the interpretation of the Executive committee shall be final and binding upon members.

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