Constitution
Constitution of the South African Chamber of Business in Mozambique (SACBM)
1. Name
The name of the SACBM shall be the South African Chamber of Business in Mozambique (SACBM).
2. Registered office
The SACBM’s registered office is to be situated in xxxx.
3. Purpose
The SACBM serves as an umbrella organization and conduit for trade, community, and investment into and out of Mozambique. This collective unit aims to address the diverse needs of various communities by providing a forum and meeting point for South African businesses in Mozambique, fostering the development of suitable business opportunities. The aims are:
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3.1. To bring under a common management agreement, all current SA Business-focused organizations for knowledge sharing, information exchange, and logistical management efficiencies.
3.2. To offer advice to members in the operation of their business.
3.3. To provide a united voice when dealing with government bodies in both South Africa and Mozambique.
3.4. To provide a united voice when dealing with private sector industry groups, clubs, associations in both SA and Mozambique.
3.5. To offer training opportunities for members, emphasizing business operations in both South Africa and Mozambique.
3.6. To provide a central body for the administration, research, and support of sub-committees with specific interests.
3.7. To create a forum for promoting business opportunities between members.
3.8. To facilitate proactive business introductions.
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4. Membership
4.1.Qualification for membership
4.1.1. Any business or individual interested in SACBM activities qualifies for membership.
4.1.2. A member in good standing has paid the current annual Membership Fee and adhered to a good and true morale code of conduct.
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4.2. Age
An adult is defined as any person 18 years of age or over.
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4.3.Membership Fee
4.3.1. Annual membership is paid in advance upon joining and annually on the anniversary of the joining date.
4.3.2. The Membership Fee shall be set each year by the Executive Committee and announced at the AGM.
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4.4.Revoking Membership
Membership and/or privileges may be modified or revoked by the Executive Committee or Board for specific causes outlined in the Constitution.
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5. Classes of Membership
5.1. There are six (6) classes of membership: Board, Corporate, Small Business, Individual, Fresh, Non-Moz.
5.2. Any business or individual interested in SACBM activities qualifies for membership.
5.3. Membership levels differ in cost and access to services.
6. Rights of Members
6.1. All members have the right to attend SACBM meetings and functions.
6.2. All members have access to the SACBM’s Constitution and Annual Financial Statements.
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7. Annual General Meeting
7.1. An Annual General Meeting shall be held once each year, no more than eighteen (18) months after the previous meeting.
7.2. Notice of the Annual General Meeting shall be dispatched to members at least twenty-one (21) days prior to the date.
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8. Annual Financial Statements
8.1. The Treasurer shall prepare Annual Financial Statements, reflecting the SACBM’s activities and financial position for the year.
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9. Annual Report
9.1. The Executive Committee shall present an Annual Report, including the Annual Financial Statements, at the Annual General Meeting.
10. Executive Committee
10.1. The Executive Committee consists of the Chairperson, Directors, Secretariat, Treasurer, PR & Communications Officer, Sponsorships Officer, and other necessary Officers.
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10.2.Election of the members of the Executive Committee
10.2.1. Executive Committee members shall be fully paid-up members of the SACBM.
10.2.2. Members shall be elected annually at the Annual General Meeting.
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10.3. Duties of the members of the Executive Committee
10.3.1. The Executive Committee shall perform the duties legally or customarily attached to their respective portfolio and any other such duties as may be required of them.
10.3.2. They shall be guided by the schedule of duties approved by the Board.
10.3.3. The Executive Committee shall have complete charge and control of the entire general management and property of the SACBM and its decisions in matters relative to such management and property shall be final.
10.3.4. The Executive Committee, in the management of the business affairs and property of the SACBM, and in the selection, supervision and control of its subcommittees and secretariat, shall give due attention and exercise due vigilance, diligence, care and skill that prudent members use in like or similar circumstances in similar organizations.
10.3.5. A quorum of 50% of the Executive Committee must be present at any Executive Committee meeting to constitute a quorum for the transaction of business.
10.3.6. Any action passed by a majority vote of the quorum of the said Executive Committee shall be valid and binding upon the SACBM.
10.3.7. The Executive Committee may, by a half (1/2) vote, declare any elected office vacant for the following reasons:
10.3.7.1. failure of an Officer to perform the duties of the office for a period in excess of two months,
10.3.7.2. non attendance at four (4) consecutive Executive Committee meetings,
10.3.7.3. commission by an Officer of fraud, deceit, theft, or embezzlement of any property owned or otherwise under the jurisdiction of the SACBM.
10.3.8. Provisions shall be made at each Executive Committee Meeting to review the minutes of the last Executive Committee Meeting, as prepared by the Secretariat.
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10.4. Disqualification and removal of Directors or Chairperson Directors or the Chairperson shall cease to hold office under specified circumstances.
10.4.1.1. he or she ceases to be a Director by virtue of any provision in the Act or is prohibited by law from fulfilling the position,
10.4.1.2. he or she cease to be a Member of the SACBM
10.4.1.3. he or she becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
10.4.1.4. he or she resigns as a Director by notice to the SACBM (but only if at least two (2) Directors will remain in office when the notice of the resignation is tot rake effect, or
10.4.1.5. the Executive Committee resolve unanimously that his or her office be vacated.
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11. Meetings of the Executive Committee
11.1. The Executive Committee shall convene immediately after the Annual General Meeting for the ratification of duties.
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12. Nominations to stand on the Executive Committee
12.1. Nominations for the Executive Committee may be made by any member in good standing at the Annual General Meeting.
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13. The Board
13.1. The Board is the governing body of the SACBM, setting the agenda and overseeing strategic decisions.
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14. Discontinuance of the SACBM
14.1. Discontinuance requires three-fourths (3/4) of the members’ votes.
14.2. SACBM assets, after payment to creditors, shall be contributed to a South African-based non-profit organization.
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15. Liability of the SACBM
15.1. The SACBM and its members shall not be liable for certain losses or damages occurring during SACBM events.
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16. Financial Institutions and disbursements
16.1. The SACBM’s money shall be kept in approved financial institutions.
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17. Profits
17.1. No profits shall be applied otherwise than for the benefit of the SACBM or a charitable purpose.
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18. Borrowing Powers
18.1. The Executive Committee may be authorized to borrow money for SACBM purposes.
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19. Alteration of Rules
19.1. Rules may be varied, amended, added to, or repealed by a resolution passed at a General Meeting by a majority of not less than 50% of the members present and