The Constitution of Solidarity Community Care Organisation

1. Introduction

Mr Constancio Hishiyukifa Mwandingi founded Solidarity Community Care Organisation on 24 March 2006. The first formal meeting of the organisation took place on 01 November 2006 in the Katutura Community Hall in Windhoek.

At that meeting Mr Mwandingi was elected as the Chairperson of the organisation.

Ms Veronica Haimbodi and Ms Miriam Makumbi were elected as Secretary and Vice-Chairperson of the organisation respectively.

2. Reasons for founding Solidarity Community Care Organisation

2.1 There are people, especially HIV-positive people, who are looking for opportunities to make a meaningful contribution to the fight against HIV/AIDS and poverty in Namibia and because those people cannot find the opportunities they are looking for elsewhere, Solidarity Community Care Organisation shall give them those opportunities.

2.2 There is a need for renewed vigour, determination and dedication to the fight against HIV/AIDS and poverty in many communities in Namibia to counter the present complacency and conformity that are characterising the fight against HIV/AIDS and poverty in the country.

2.3 There are HIV-positive people and people affected by HIV/AIDS and poverty in communities in Namibia who still need true and correct information about HIV/AIDS and how to eradicate poverty.

2.4 There are HIV-positive people in communities around Namibia who need care and support but are not able to get (access) the care and support they need.

2.5 There are individuals and communities in Namibia who need information about the new approaches to HIV/AIDS prevention and elimination through the complementary combination of behavioural, biomedical and structural interventions.

2.6 There is still a need for genuine and meaningful advocacy for the rights and responsibilities of HIV-positive people, in particular with regard to their interactions with health workers and the community.

2.7 Therefore, Solidarity Community Care Organisation is founded with the aim of giving opportunities to people who want to make a meaningful contribution to the fight against HIV/AIDS and poverty in Namibia. Although every member of the community is welcome to join the organisation, HIV-positive and poor people are particularly encouraged to join the organisation.

2.8 The organisation is determined to extend HIV/AIDS and poverty eradication services (namely, home based care, HIV/AIDS information and counselling as well as poverty eradications through community development projects) to areas that have no such services in Ohangwena, Oshikoto, Khomas, Oshana and Omusati regions of Namibia.

The organisation commits itself to providing care and support to HIV-positive and poor people through the Provision of Correct Information about HIV/AIDS and poverty eradication through community development projects that will empower them to live in good health and welfare so that they can continue to contribute meaningfully to the economic and social development of their families, communities and Namibia as a whole.

3. The name of the organisation

The name of the organisation shall be Solidarity Community Care Organisation (to be abbreviated as SCCO) The name gives meaning to the solidarity that must exist between its members, clients, friends and supporters for the common goals of eradicate HIV-AIDS and poverty.

4. The unifying slogan of the organisation

The unifying slogan of the organisation shall be Solidarity for fighting HIV/AIDS and poverty!

5. The goal of the organisation

The goal of Solidarity Community Care Organisation is to contribute meaningfully to the anti-HIV/AIDS and anti-poverty efforts with the purpose of improving health and welfare of HIV-positive people and communities affected by HIV/AIDS and poverty.

6. The objectives of the organisation

The objectives of the organisation are as following:

1. To provide opportunities for individuals and communities to contribute meaningfully to anti-HIV/AIDS efforts through community home-based care and psychosocial support services.

2. To renew vigour and dedication to the anti-HIV/AIDS and anti-poverty efforts through community mobilisation, education and training of community home-based care providers and community members.

3. To provide truthful and correct information about HIV/AIDS to individuals and communities through HIV/AIDS counselling and information meetings.

4. To take HIV/AIDS care and support services, especially community home-based care to individuals and remote communities who have no access to such services.

5. To provide HIV/AIDS treatment related information and support to individuals and communities, including Treatment as prevention (TasP), Pre-exposure prophylaxis (PrEP), Undetectable = Untransmittable (U=U) and prevention of mother to child transmission and other latest HIV treatment interventions.

6. To genuinely and meaningfully advocate for the rights and responsibilities of HIV-positive people, particularly with regard to access to health and community development services and their interactions with health workers and other stakeholders.

7. To implement income generation and community development projects in order to contribute to employment creation and poverty eradication in Namibia and to sustain the organisation and its programmes.

7. Area of operation

The area of operation of Solidarity Community Care Organisation shall be the Ohangwena, Oshikoto, Khomas, Oshana and Omusati regions of Namibia. However, the organisation shall raise funding at both national and international levels.

8. Membership of the organisation

8.1 Membership of the organisation shall be available to individuals and groups interested in promoting the objectives of the organisation and their membership is approved by the National Executive Committee (NEC) of the organisation.

8.2 Written applications for membership shall be submitted to the National Secretary of the organisation whenever possible. Alternatively, they can be submitted to the Regional Secretary of the organisation in a region who shall then forward them to the National Secretary for handling.

8.3 The National Secretary shall present all received applications for membership to the NEC Meeting for consideration and shall inform applicants in writing about the result of their applications.

8.4 Updated membership registers of the organisation shall be kept by the National, Regional and Community Secretaries at all times.

8.5 Members of the organisation shall have voting powers at all meetings of the organisation.

8.6 Members of the organisation shall be required to pay an annual membership fee, the amount to be determined at the Annual General Meeting (AGM).

8.7 Members of the organisation shall have the right to be elected to leadership positions in the organisation provided they qualify for such positions.

8.8 Members of the organisation shall have the right to represent the organisation and speak on its behalf as mandated by the National Executive Committee.

8.9 Members of the organisation shall be expected to represent and defend the good name and the best interest of the organisation at all times.

8.10 All members of the organisation shall be expected to join the organisation in their individual capacity from the local communities of the regions where the organisation is operational, but group membership, affiliation and partnerships shall also be accommodated.

8.11 Termination of membership, membership of the organisation will be terminated under the following conditions:

a) When a member fails to pay his or her annual membership fees;

b) When a member becomes inactive for six (6) months; failing to participate in or carry out organisation activities.

c) When a member has submitted his/her resignation in writing;

d) The National Executive Committee can terminate membership if a member’s behaviour or conduct is according to the National Executive Committee detrimental to the interests of the organisation. The member shall be notified in writing by the National Secretary about the decision of the National Executive Committee;

e) On the death of a member;

f) If the member becomes of unsound mind;

g) If a member failed to attend two Annual General Meetings to which the member is invited without written excuse his membership will be terminated.

9. The structure of the organisation

The organisation shall have the following structure:

9.1 The Advisory Council

9.1.1 There shall be an Advisory Council (AC) of the organisation.

9.1.2 The role of the AC shall be to advise the organisation on better strategies and methods for achieving its objectives.

9.1.3 The AC shall comprise of 1 to 2 National Advisors appointed by the National Executive Committee of the organisation from each of the regions where the organisation is working to advise it on a voluntary basis.

9.1.4 National Advisors shall be people of good reputation in the community who will be appointed based on their expertise and potential to contribute positively to the organisation’s development and its activities. They shall be expected to accept their advisory role in writing.

9.1.5 The AC shall elect its Chairperson while the National Executive Committee shall provide its Secretariat.

9.1.6 The number of National Advisors shall not exceed 8 at any time.

9.1.7 More than one member of the AC shall be an HIV-positive person.

9.2 The National Executive Committee (NEC)

9.2.1 There shall be a National Executive Committee (NEC)of the organisation.

9.2.2 The National Executive Committee shall lead and manage Solidarity Community Care Organisation on a daily basis.

9.2.3 The founders of the organisation shall appoint the first National Executive Committee members.

9.2.4 Thereafter, NEC members shall be elected at the AGM of the organisation and shall hold office for two years following their election, and can be re-elected for a next term.

9.2.5 The NEC shall consist of a minimum of seven and a maximum of fourteen members. The following office bearers shall be elected to the NEC:

§ The Executive Chairperson of the organisation who shall be the Chairperson of the National Executive Committee by virtue of being elected by the AGM.

§ The Vice-Chairperson of the organisation who shall be the Vice-Chairperson of the National Executive Committee by virtue of being elected by the AGM.

§ The National Secretary who shall be the Secretary of the National Executive Committee by virtue of being elected by the AGM.

§ The National Treasurer of the organisation by virtue of being elected by the AGM.

§ The Regional Representatives of the organisation by virtue of being elected by the AGM.

§ Other Senior Members of the organisation who may be appointed to the NEC based on their capability to contribute to the day-to-day management of the organisation.

9.2.6 Members of the NEC shall be expected to work hard for the successful implementation of the programmes, projects and activities of the organisation.

9.2.7 Members of the NEC shall work in the spirit of friendship, solidarity and honesty and be committed to improving the health and welfare of clients and members of the organisation.

9.2.8 More than one member of the NEC shall be an HIV-positive person.

9.2.9 An office bearer’s term of office shall cease under the following circumstances:

· Upon written resignation.

· Becomes inactive for a period of six (6) months.

· His/her actions are beyond the realm of his/her duty and/or injurious to the interests, objectives and principles of the organisation.

· Upon death of the member.

· If he/she becomes of unsound mind.

· If membership of the organisation ceases.

9.3 Regional Committees (RC)

9.3.1 There shall be Regional Committees of the organisation in each region where the organisation is working.

9.3.2 Regional Committees shall be responsible for leading, managing and coordinating the work of the organisation within a region where SCCO operates.

9.3.3 Regional Committees shall consist of the following officials:

§ A Regional Representative of the organisation.

§ A Regional Secretary of the organisation.

§ A Regional Treasurer of the organisation.

§ A minimum of nine additional members, including Community Representatives and Regional Advisors of the organisation appointed by the Regional Committees.

§ All Regional Committee officials shall have deputies to ensure continuous leadership, management and sustainability of the organisation in the region.

9.3.4 All Regional Committee officials shall be elected at the Regional Conferences (RC) and presented to the AGM of the organisation for endorsement.

9.3.5 More than one member of the Regional Committees shall be an HIV-positive person.

9.4 Community Committees (CC)

9.4.1 There shall be Community Committees of the organisation in each community where the organisation is working.

9.4.2 Community Committees shall be responsible for leading, managing and coordinating the work of the organisation within a community where SCCO operates

9.4.3 Community Committees shall consist of the following officials:

§ A Community Representative elected by members of the organisation in the specific community and endorsed by NEC.

§ A Community Secretary elected by members of the organisation in the specific community and endorsed by NEC.

§ A Community Treasurer elected by members of the organisation in the specific community and endorsed by NEC

§ A minimum of five additional members, including community advisors of the organisation appointed by the Community Committees.

9.4.4 More than one member of the Community Committees shall be an HIV-positive person.

9.5 Members

9.5.1 The organisation shall recruit its members from the general population regardless of their HIV and social status but preference shall be given to HIV-positive and poor people who are the primary beneficiaries of its services.

9.5.2 The members of the organisation shall be organised in Communities in accordance with existing traditional or political authorities’ structures of the area where they work.

9.5.3 Community Committees shall assign each member of the organisation to a specific community from where they will carry out the work of the organisation.

9.5.4 Each member of the organisation shall report to the Community Representative of the community where he or she works on a weekly basis.

10. The responsibilities of members of the National Executive Committee and other office bearers of the organisation

10.1 Responsibilities of the Chairperson of the National Executive Committee

10.1.1 There shall be a Chairperson of the National Executive Committee of the organisation.

10.1.2 The Executive Chairperson of the organisation who shall be elected by the AGM shall automatically be the Chairperson of the National Executive Committee.

10.1.3 The Chairperson of the NEC shall be responsible for the overall day-to-day leadership and management of the organisation and its programmes.

10.1.4 The Chairperson of the NEC shall produce the Annual Report and other necessary reports about the activities and development of the organisation for its members, relevant Government institutions, donors and other stakeholders.

10.1.5 The Chairperson of the NEC shall chair the AGM, the NEC meetings and other important meetings of the organisation.

10.1.6 The Chairperson of the NEC shall communicate with partners and stakeholders for possible collaboration and cooperation and sign agreements on behalf of the organisation where applicable.

10.1.7 The Chairperson of the NEC shall be responsible for the maintenance of discipline and accountability by all members of the organisation and all its structures.

10.1.8 The Chairperson of the NEC shall be the chief marketer and fundraiser of the organisation.

10.2 Responsibilities of the Vice-Chairperson of the National Executive Committee

10.2.1 There shall be a Vice-Chairperson of the National Executive Committee of the organisation.

10.2.2 The Vice-Chairperson of the NEC shall be the Deputy to the Chairperson of the organisation and shall therefore perform all functions and duties usually performed by the Chairperson of the NEC whenever the NEC Chairperson is absent.

10.2.3 The Vice-Chairperson of the NEC shall be accountable to the NEC Chairperson.

10.2.4 The Vice-Chairperson of the NEC may be put in charge of special projects of the organisation.

10.2.5 The Vice-Chairperson of the NEC shall be expected to carry out other official duties given by the NEC Chairperson or the NEC.

10.3 Responsibilities of the National Secretary of the organisation

10.3.1 There shall be a National Secretary of the organisation.

10.3.2 The National Secretary shall be responsible for the secretarial and administrative work of the organisation, including producing and safekeeping of the organisations minutes, reports and other official documents of the organisation and organising meetings and events of the organisation.

10.3.3 The National Secretary shall be accountable to the NEC Chairperson.

10.3.4 The National Secretary shall be responsible for effective and efficient administration of the organisation at all levels, including the recruitment of personnel – members and office staff.

10.3.5 The National Secretary shall be expected to carry out other official duties given by the NEC Chairperson or the NEC.

10.4 Responsibilities of the National Treasurer

10.4.1 There Shall be a National Treasurer of the organisation.

10.4.2 The National Treasurer shall be responsible for the receipt, deposit and safekeeping of the money of the organisation.

10.4.3 The National Treasurer shall be accountable to the NEC Chairperson.

10.4.4 The National Treasurer shall prepare and present an annual financial report, a balance sheet and other accounts of the organisation to the AGM.

10.4.5 The National Treasurer shall be responsible for the acquisition, safekeeping and maintenance of the assets and materials of the organisation and shall be responsible for the overall logistics of the organisation.

10.4.6 The National Treasurer shall be responsible for the investment of the money of the organisation in order to generate income for the organisation.

10.4.7 The National Treasurer shall be expected to play a leading role in fundraising for the organisation.

10.4.8 The National Treasurer shall be expected to carry out other official duties given by the NEC Chairperson or the NEC.

10.5 Responsibilities of Regional Representatives (RRs)

10.5.1 There shall be Regional Representatives of the organisation in each region where SCCO operates.

10.5.2 Regional Representatives shall be the overall representatives, leaders and coordinators of all the activities of the organisation within the regions where SCCO operates.

10.5.3 Regional Representatives shall chair the monthly Regional Committee meetings of their respective regions.

10.5.4 The RRs shall report to the National Executive Committee on a monthly basis.

10.5.5 The RRs shall lead the members of the organisation to achieve its objectives and implement its activities in the regions where the organisation is operational.

10.5.6 RRs together with their Regional Treasurers shall be responsible for handling the finances of the organisation at regional and community levels in accordance with section 12 of this constitution.

10.5.7 The RRs shall be responsible for the fundraising of the organisation in their regions.

10.6 Responsibilities of Community Representatives (CRs)

10.6.1 There shall be a Community Representative in each community where SCCO is operating.

10.6.2 Community Representatives shall be the overall representatives, leaders and coordinators of all the activities of the organisation within the community where SCCO operates.

10.6.3 Community Representatives shall chair the monthly Community Committee meetings of their respective communities.

10.6.4 All CRs shall be members of the Regional Committees and shall report to Regional Representatives on a monthly basis.

10.6.5 The CRs shall lead the members of the organisation to implement its activities in their respective communities.

10.6.6 The CRs shall be responsible for fundraising for the organisation in their respective communities.

10.6.7 CRs, assisted by their Community Treasurers, shall collect, record and handover any money collected at community level for the organisation to the Regional Treasurer or deposit such money into the organisation account within 48 hours.

10.7 Responsibilities of Members of the organisation

10.7.1 There shall be members of the organisation whose membership shall be acquired through the payment of annual membership fees as determined by the AGM.

10.7.2 Members of the organisation shall be responsible for providing the actual community-based care, support and development services to clients and their communities.

10.7.3 Members of the organisation shall be expected to work in the spirit of friendship, solidarity, honesty and commitment to improving the health and welfare of clients of the organisation in their communities.

10.7.4 Members of the organisation shall be expected to actively participate in the activities of the organisation, including attending meetings and fundraising activities in their communities.

11 Meetings of the organisation

11.1 The Annual General Meeting (AGM)

11.1.1 The organisation shall hold an AGM each year provided it has money to do so, for which the date shall be decided on by National Executive Committee provided that the time for convening the AGM shall not exceed the closing date of the financial year of the organisation with more than 6 months.

11.1.2 Notice of meetings

A thirty (30) days’ written notice of the AGM shall be given to all participating members and/or delegates. The notice shall specify the venue, date, time and the agenda of the meeting.

11.1.3 Quorum

The quorum of the AGM shall be the half plus one of the invited participants. If there is no quorum at the AGM, the meeting shall be adjourned until such a time that a quorum is reached.

11.1.4 Voting

All the participants at the AGM shall have voting rights. Any matter put to the vote of the AGM shall be decided by secret ballot; meaning each participant shall write their choice on a piece of paper so that no one else knows how they have voted. Each participant shall be entitled to one vote only on a particular matter to be decided. The chairperson of the meeting shall be entitled to a casting vote (a deciding vote used by the chairperson to decide an issue when the votes on each side are equal).

11.1.5 The Chairperson of the National Executive Committee shall chair the AGM. In the absence of the Chairperson, the Vice-Chairperson shall chair, and if the Chairperson and the Vice-Chairperson are absent, the participants shall choose a chairperson amongst National Executive Committee members present at the meeting. All meetings shall be conducted in accordance with the requirements of the constitution.

11.1.6 The Agenda of the AGM

a) To receive and adopt an Annual Report from the Chairperson of the National Executive Committee.

b) To receive and adopt a Financial Report from the National Treasurer and to approve the balance sheet and accounts of the organisation for the previous financial year.

c) To elect the new National Executive Committee and appoint the auditor for the organisation.

d) To consider any other agenda items as may be submitted by members, provided that members wishing to submit agenda items for discussion by the AGM shall do so in writing to the National Secretary 30 days before the meeting to enable such agenda items to be included on the agenda.

11.1.7 Minutes and the Attendance List of the AGM

11.1.8 The National Secretary shall take and distribute the minutes of the AGM to all participants within one month after the meeting.

11.1.9 Copies of the minutes of all Annual General Meetings shall be kept at the Headquarters of the organisation and shall be accessible to all members of the organisation and other interested parties such as the registering authorities and donors

11.1.10All members who attend the AGM shall sign an attendance register which shall be attached to the minutes.

11.2 National Executive Committee Meetings

11.2.1 The National Executive Committee shall hold monthly meetings, provided there is money to do so, or if the Chairperson deems it necessary, more often.

11.2.2 A seven (7) days’ written notice of meetings shall be given to members of the National Executive Committee. If it is a special meeting, the notice can be verbal by the Chairperson.

11.2.3 The quorum for the National Executive Committee shall be half plus one of its members.

11.2.4 Voting at the National Executive Committee shall be by a show of hands. Each member shall be entitled to one vote only on a particular matter under discussion. In the case of an equality of votes, the Chairperson shall have a casting vote.

11.2.5 Members of the National Executive Committee will be deemed to have resigned from the organisation if they fail to attend three consecutive meetings without having submitted in writing a valid reason for failing to attend meetings.

11.2.6 In the event of resignation of office bearers before the expiry of their term of office, the National Executive Committee shall appoint other members of the organisation to hold office until the next election of officers, and such appointed office bearers shall be subjected to the same rules and conditions as their predecessors.

11.2.7 The National Executive Committee shall have the power to appoint persons, who are experts on a specific subject on its meeting agenda but such persons will not have voting powers.

11.2.8 Minutes of all meetings of the National Executive Committee shall be written and kept by the National Secretary and signed by the Chairperson and National Secretary after approval and adoption.

11.2.9 The National Executive Committee shall have the power to occasionally appoint subcommittees as may be required. All subcommittees shall report to the NEC and shall be subjected to its control. On account of expert knowledge any person can be appointed on a subcommittee.

12. The Financial and assets management of the organisation

12.1 The financial year of the organisation shall close on the 31 December of each year.

12.2 The organisation shall derive its funds by means of any lawful action.

12.3 The National Executive Committee shall ensure that proper books of accounts are to be kept with respect to: i) All sums of money received and spent by the organisation and matters in respect of which such receipts and expenditures take place. ii) All sales and purchases of goods by the organisation. iii) The assets and liabilities of the organisation.

12.4 The books of account shall be kept in safety at the office of the organisation or at such other place as the National Executive Committee shall think fit, and shall always be open to inspection of the members of the National Executive Committee.

12.5 All donations, bequests and other money shall be paid into an account at a registered bank determined by the National Executive Committee within 48 hours after receipt thereof. The organisation shall keep a general account and the National Treasurer may also direct what other accounts should be kept for specific purposes.

12.6 The National Executive Committee shall appoint three office bearers as signatories to the bank account of the organisation. Two of the three signatories would be required to withdraw funds from the organisation account.

12.7 The accounts of the organisation shall be audited annually and submitted to all relevant individuals and institutions.

12.8 An auditor or auditing firm shall be chosen annually at the AGM.

12.9The National Executive Committee shall have the power to decide on the closing of bank accounts that may not be needed by the organisation any longer.

12.10 No member of the organisation shall be allowed to use funds and properties of the organisation for personal gain.

13 Amendments of the constitution

The constitution of the organisation may be amended by two-thirds majority of votes at an AGM provided that fourteen days’ written notice to all members of such proposed amendments shall be given. The proposed amendments must be described in the notice.

14. Dissolution of the Organisation

This organisation may be dissolved by resolution of an Annual General Meeting or a special meeting specifically called for that purpose.

A simple majority of members of the organisation present at the meeting shall be required to dissolve the organisation.

If after dissolution of the organisation, any assets remain once all debts and obligations have been settled, such assets shall not be paid over or divided against the will of members, but shall be donated to such other registered welfare organisation, preferably one with similar objectives, as the members may decide upon.

15. This Constitution, as amended, has been adopted in Windhoek on this 26^th day of June 2019 by the following members:

NO.

NAME

POSITION

REGION

SIGNATURE

MOBILE

EMAIL

1

Mr Constancio Hishiyukifa Mwandingi

Founder and Executive Chairperson

Ohangwena

+264 81 237 4937

solidaritycomcare@gmail.com

2

Ms Hileni Penelao Shikongo

Vice -Chairperson and Regional Representative

Oshana

+264 81 273 3181

Penelao04@gmail.com

3

Ms Deitilde Namankono Shetunyenga

National Secretary

Khomas

+264 81 327 8464

mjtshetu@gmail.com

4

Mr David Mathews

Regional Representative

Khomas

+264 81 300 5089

davidhhmathews@gmail.com

5

Ms Magdalena Nampa Hipinge

Regional Representative

Omusati

+264 81 830 4994

nehoyan@gmail.com

6

Ms Christophina Shafuda

Regional Representative

Ohangwena

081 296 2552

wilbardekandjo@gmail.com

7

Mr Lukas Shishiiveni

National Advisor

Khomas

081 292 8185

8

Ms Rebbeka Mwatange

Founding Member & Regional Representative

Oshikoto

081 228 4121

mwatangerebekka@gmail.com

9

Ms Ndahambelela Leonard

Founding Member

Ohangwena

081 360 4932