Constitution

Constitution

Preamble

Vukani Community Radio operates in Cala, a small town within Sakhisizwe Municipality in Northern Region of the Eastern Cape Province.

Our listenership is from the estimated population of +660 000 (census 96) within the Chris Hani and Ukhahlamba District Councils with a radius of 100km from the base and footage population of +110 000. It was formerly launched in April 1996.

The idea of establishing a community radio was initiated by members of Cala University student Association (CALUSA), in April 1993.

Contacts were established with a German funding agency, Umverteilen and German engineering company called Coppi eV; both were to assist Calusa to set up a community radio in our town.

To set the idea in motion all legal process were followed such a submitting the application for broadcasting.

As South Africa was in a period of transition the whole process of getting temporal license and organizing financial assistance to set up took us, almost three years. Since Vukani Community Radio is a community radio station , CALUSA declared Vukani to the community of Xhalanga through the forum which is made up of Community structures, Political and non Political structures and interested individuals so that it could have a significant meaning when the community ideas directly involved in the formulation and decision making. In 1998 Vukani applied for a four (4) year license to Independent Broadcasting Authority (IBA) who changed to Independent Communication Association of South Africa (ICASA).

 

Role of Vukani

  • To inform
  • To educate
  • To advice
  • To entertain

 

Aims and Objectives

(a) To contribute towards the development of a strong civil society in South Africa, in general and Chris Hani and Ukhahlamba district councils.
(b) To cover events and issues that occurs in Chris Hani and Ukhahlamba district councils, in particular and in South Africa in general.
(c) To afford the business especial business sector, an opportunity of advertising their services to the wider communities of Chris Hani and Ukhahlamba District councils.
(d) To develop the local talent in broadcasting.
(e) To promote local music talent.
(f) To organize public debates, through the radio, on burning issues which are likely to affect the communities of Chris Hani and Ukhahlamba district councils.
(g) To invite various government departments to come and explain their development programs and policies.
(h) To undertake any activity that will promote the well being of the communities of the two district councils.

Legal Status and Power

  1. Vukani Community Radio shall be registered as body corporate [ non-profit organization] independent of her members or office bearers ;
  2. VCR shall be registered as a section 21 Company;
  3. VCR as an independent entity shall continue her existence notwithstanding any changes in the composition of her members or office bearers, unless dissolved in terms of this constitution or by order of court.
  4. VCR as a body cooperate independent from her membership with perpetual succession, and shall have powers ( in her name )to :
  • Own, purchase, sell, lease, pledge of mortgage movable and immovable property as a security and / or alienate of dispose thereof in any manner Grant or acquire legal or other manner or other right transaction in connection
  • Therewith;
  • Hand out or invest any funds at its disposal;
  • Borrow and take – up money, raise loans of any nature, give such security and o such condition as may be required;
  • Guarantee, where necessary, the obligation of any person of body corporate, binds itself as a surety on their behalf, and conclude any dead of surety ship and/ of dead of guarantee;
  • Institute and defend legal actions, submit by way of dispute to arbitration and appoint and remuneration such legal practioners as may be required in connection with such action or arbitration proceedings of commission of inquiry;
  • Appoint official to transact and carry out her work and affairs with such powers, and on such conditions as regards salaries, allowance and other matters as may be determined from time to time.
  • Appoint consultant's and / or professional to do certain tasks for the benefit of VCR;
  • Receive, accept and give donation and / contribution of any kind.
  • Affiliate and association with other national and international organizations of similar standing.

 

Organizational Structure

Membership and Structures

District Radio Forum

Membership of the Radio shall be opened to all the operating within Chris Hani and Ukhahlamba district councils. Each structure shall be represented by not more than two members to the Radio Forum.
They said representatives shall be the person who wish and are dedicated to contribute to the development of Vukani Community Radio through ideas, skills, finances, professionalism etc, and also willing to serve in all the formations of Vukani Community Radio.

 

Board of Trustees

The Board of Trustees of Vukani Community Radio shall be elected by District Radio Forum among its members.
The Board of Trustees shall not be less or more than ten (10) members and not more than one (1) person from the same structure or organization, by virtue of Cala being the founder district of Vukani Community Radio she shall be given a representation of two persons.

 

Station Manager

  • Station Manager shall be the operational and administrative head of the organization.
  • She / he shall report directly to the board on operational and administrative issues of the organizational and shall executive all his / her tasks together with his / her management committee.
  • The Station Manager shall chair all management meetings.
  • She / he shall appoint a secretary for the management meetings.
  • She/ he shall delegate duties to Management Committee members.

 

Management Committee

The Management Committee shall be composed of six (6) members. [ Station Manager, Programmes Manager, Sales and Marketing Manager, Technical Manager, Training Manager & finance Administrator].

 

Volunteer Forum

This shall be a workplace forum volunteers. Volunteers must make themselves available to undergo training, so as to improve their broadcasting skills. They will also be represented in the meetings of the radio station.

 

Functions of the various structures of Vukani

District Radio Forum

  • To elect about ten (10) members to the Executive Committee
  • To identify areas of focus of Vukani.
  • To nominate one (1) member to the Board of trustees/ except for the founder district who shall nominate two (2) members.
  • To identify people, organizations and institutions that can be approached to assist in whatever manner in the development of Vukani Community Radio.
  • To monitor whether VCR – FM programs correlate with our Mission Statement and the broadcast wishes of our communities.
  • To monitor the operations of the board of Trustees.

 

Board of Trustees

  • To make sure that VCR observes contractual agreement it has concluded with organization/s.
  • To appoint personnel to run Vukani Community Radio abides by the license terms and conditions.
  • To monitor and make sure that Vukani Community Radio abide by the license terms and conditions.
  • To draft guidelines on how Vukani should operate.
  • To delegate some of her tasks to the Management committee on such terms as they may deem necessary to execute the task efficiently and effectively.
  • To make sure that annual reports and audited financial statements are sent to relevant funders.
  • To make sure that an independent registered audit firm audits the books of Vukani Community Radio, whenever so required.
  • To shoulder the responsibility of dealing with issues which undermine discipline and satisfactory service to the communities of Chris Hani and Ukhahlamba district councils.
  • To recover by any legal means any assets of Vukani Community Radio which have been missing and or appropriated by any body even those associated with Vukani Community Radio.
  • To workout or approve financial needs of Vukani Community Radio.
  • To approve the annual budget for the running of radio.
  • To report the activities of Vukani Community Radio to the district radio forums.
  • To approve programs to be undertaken by the radio station.
  • To popularize Vukani Community Radio and fundraise for her.
  • To assist the Management Committee in its efforts to operate the radio as efficient as possible.
  • To lodge the relevant license application.

 

Station Manager

  • To monitor operational and administrative matters of the station.
  • To report all VCR activities after every three months to the board.
  • To perform all tasks delegated by the Board of Trustees.
  • To assist the Board to make sure that Vukani Community Radio abide by the license terms and conditions.
  • To ensure that VCR Management, staff, volunteers perform their duties as delegate to them.
  • To be accountable to the Board of Trustees.
  • To sign contracts and agreements on behalf of VCR only when requested by the Board of Trustees.
  • Management Committee
  • The Station Manager and the Management Committee shall represent the image / face of VCR to all stakeholders in the media sector/ funders/ business sponsors/ services providers and within Vukani herself.
  • To fundraise for the activities of Vukani Community Radio.
  • To monitor the operations of all Vukani Community Radio.
  • To arrange training of all Vukani Community Radio structures including Volunteer
  • To prepare monthly reports and submit it to the Station Manager.
  • To prepare monthly budgets and submit it to the Station Manager.

 

Elections of District Radio Forum

  • All communities shall elect their District Radio Forums every year.
  • Two members from each structure / organization shall be represented in the District Radio Forum.
  • It shall have a Convener to convene and preside on all meetings.
  • It shall have a Secretary to record all the minutes.
  • It shall further have 8 additional members which together with Convener and the secretary shall constitute the executive of the District Radio Forum.
  • The District Radio Forum shall serve as a structure where the Board shall give an account of all its activities to the respective communities.
  • Further serve as s structure through which the communities shall voice/ direct their inputs to the station as to inform the program.

 

Annual General Meeting [A.G.M]

  • The Board of Trustees shall organize an Annual General Meeting (AGM) once per calendar year not later three (3) months after Vukani financial year end (30th June)meaning not later than 30th September each year.
  • The Secretary shall issue the relevant notices and invitations to all District Radio Forums and the general public to attend the AGM.
  • The notices should be in writing and stipulate the following: the place, time and date of the meeting.
  • The notice period and invitation for the AGM shall not be less than twenty one (21) days to the date of the meeting.
  • No business transacted at an AGM shall be invalid merely by reason of the fact that any member, organization or structure entitled to receive notice of the meeting was accidentally not notified.
  • Members, organizations of structures may notify the Secretary of the District Radio Forum not later than fourteen (14) days before the date of the meeting, of their intentions to discuss matters additional to those in he agenda, by either posting or delivering such notice at Vukani Community Radio offices.
  • The conveners of District Radio Forums shall be appointed by the Board to preside over AGM sessions or delegate his/her Deputy or whoever to assist him/her.
  • The Treasurer assisted by the auditors shall table the audited financial statements.
  • The Board of Trustees Chairperson shall table his / her operational report (including Financials) and the board of Trustees strategies.
  • Election of Board of Trustees shall be done at the AGM.
  • Fifty percent (50%) plus 1 of the registered members shall constitute a majority.
  • Every registered member of he District Radio Forum shall be entitled to one vote at the meeting, this by show of hands unless the Chairperson/ Returning Officer decides otherwise.
  • In the event of a tie, vote, the Chairperson shall have the privilege of a casting vote.
  • All resolutions taken at the AGM shall be decided by an ordinary majority vote.

 

District Radio Forum General Meetings

  • The District Radio Forum shall hold its meetings quarterly (once in three months).
  • The Secretary shall issue the relevant notices to registered members to attend.
  • The notice shall be in writing and contain the following information place, date, time and agenda.
  • The notice and agenda for the General meetings shall be issued not less than fourteen days to the date of the meeting.
  • No business transacted at the general meeting shall be invalid merely by reason of the fact that any member entitled to receive such notice was accidentally omitted.
  • Members may notify the Secretary in writing, of their intention to add discussion matters on the agenda, this is to be done not later than seven (7) days to the date of meeting by posting of delivering same at Vukani offices
  • The convener shall preside at the general meetings, and in case his/ her absence, the Deputy Chairperson shall preside. If such Chairperson of Deputy is absent or not within fifteen [15] minutes after the set time, members present shall elect one among themselves to chair the meeting.
  • Fifty percent [50] plus 1 of the registered members shall continue a quorum and majority at the meeting.
  • The Executive Committee shall periodically hold public meetings so as to provide the community the opportunity to directly discuss on Vukani Community Radio.

 

Bot Special Meeting

  • The BOT shall special meeting whenever sixty percent [60 %] of the trustees so request, and clearly identify the matter /s to be discussed at such meetings.
  • The Chairperson of BOT may call a special meeting when so requested by the Management Committee on submission of such request in writing specifying the matter/s to discuss.
  • The Chairperson shall instruct the Secretary to issue the relevant notices and agenda to call all trustees stating the date, time and venue of such meetings.
  • Only the business noted in the agenda on the notice shall be transacted at the special meeting.
  • All Special Meeting resolution shall have to be tabled to an ordinary BOT Meeting for ratification.

 

Termination of Membership

Any term or condition stipulated in this Constitution, the following shall be applicable:

a) Any member of the Vukani Community Radio structures who wishes to terminate hi/ her membership shall tender his/her resignation, to the Secretary (BOT) and upon acceptance by the relevant committee of his /her resignation, his / her membership shall be terminated.
b) A notice of the intention to expel a member shall be dully given to such a member and the structure / organization she/he represents.
c) A two thirds 2/3 majority of the BOT have voted by ballot for the termination or expulsion of such membership.
d) A member who terminates or is expelled shall :

  • Forfeit all rights and privileges incidental to the membership of VCR from the
  • Date of termination of membership.
  • Be liable to pay VCR all monies and dues up to that date of termination.
  • Be liable to return (in good order) all VCR assets and records in his / her.
  • Possession

 

Finance

a) The financial year – end of VCR shall extend from the 1st July to 30th June of the following year.
b) VCR shall open banking accounts in its name, and all monies received from whatever source shall be deposited into those accounts and all payments shall be made by cheque and / or bank transfers only.
c) Persons to sign cheques and any documentation on behalf of VCR shall be appointed by the Board of Trustees,
d) The Board of Trustees shall make sure that the Books of account and finances of VCR are audited by a firm of reputable Chartered Accountants, and these be tabled at the Annual General Meeting [AGM], which is to be held not later than 30th September each year.
e) The Board of Trustees shall be fully responsible for the financial management controls of VCR, and shall instruct the Management Committee to stipulate and implement proper financial systems.
f) The Management Committee shall be responsible for the preparation of monthly budgets and unaudited financial statement, and be accountable for the day – today financial matters of VCR.

 

Amendments of the Constitution

Should any of the members of the DRF feel this Constitution should be amended, they must forward such motion, with said recommendations or addition, to the Secretary. She/ he will table such motion to any ordinary BOT meeting. Should two thirds [2/3] of the Executive Committee this should be amended, it will be amended. In exceptional cases where the BOT feels that such an amendment is crucial for the survival of he radio, the Secretary in consultation with the Chairperson shall convene a special meeting to discuss the proposed amendments which must be approved by two third [2/3] majority of he members attended the meeting.


Dissolution of Vukani Communtiy Radio

a) Since VCR belongs and is owned by the communities of Chris Hani and Ukhahlamba District, her dissolution shall purely be the responsibility of the communities through a democratic and transparent process.

b) The assets of VCR shall be applied solely towards the promotion of its main objectives and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonuses, or otherwise howsoever, to the members of her subsidiaries. Provided that nothing herein contained shall prevent payment in good faith of reasonable remuneration to any office or servant of VCR or to any member thereof in return for service actually rendered to VCR.

c) Upon her winding up or dissolution the remaining assets of VCR after the satisfactory of all liabilities shall be given of transferred to some other projects of institution having similar main objectives as VCR, this to be determined by the Radio Forums at or before the time of her dissolution or failing such determination by a court of law.

d) The members undertake to contribute to the assets of VCR in the event of her being winding – up while one is a member or within one [1] year afterwards for payments of the depts. And liabilities of VCR controlled before he/ she ceases being a member, and of the costs, charges and expenses of winding –up, and for adjustment of he rights of the contributions among themselves an amount not exceeding one hundred rands [R100.00].

e) Should some member of he Radio Forum fell that VCR must be dissolved they should prepare a motion for discussion which should be handed to the secretary for circulation to various VCR constitution for thorough discussions before an AGM of a special general meeting called specifically for that purpose. A three – year [3] months notice period should be given to the constituencies to discuss the motion for dissolution before the actual meeting is held. Consensus should be reached at that meeting, but if it is impossible to reach it, the decision of a two- third [2/3] majority of the members presents at the meeting shall prevail.

f) In the event of a decision being taken to dissolve VCR, the Board of Trustees shall study the contractual obligation on VCR, stipulating what should be done or refer such decision and contractual agreement fort legal opinion.

 

Indemnity

a) Vukani Community Radio indemnifies every Trustee, Manger, Member or Officer against all expenses, and expenditure ( including traveling expenses) incurred by such member of for which he/ she may become liable in the normal course of performing his/ her duties on behalf of VCR , and the Board of Trustees shall such expenses, loses and expenditure out of Vukani Community Radio funds.

b) No Trustee, Manager, Member of Officer of VCR is responsible for the action receipts, negligence or omissions of any other or Officer for participating in any receipt other deed of concurrence or for any loss or expenditure incurred by VCR as a result of a faulty title to any property acquired by VCR by order of the Board of Trustee, or for the inadequacy or defectiveness of any investment made by VCR, or for any loss or damage resulting from the insolvency or depict of anybody with whom any money, securities or effects have been deposited, or for any loss or damage or adversity which may happen as a result of his/her won negligence omission, neglect of duty or breach of faith.

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Contact Details

Tel: 047 877 0095/6

Fax: 047 877 0068

Address:

Vukani Community Radio,
Arthur Tsengiwe College of Education

Department of Publicworks Building
P.O. Box 977, Cala, 5455
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.