Our Organisation and Leadership

PART I: PRELIMINARY     

ARTICLE 1: Short title and Commencement

This Constitution shall be cited as the Constitution of Tembea kwa Matumaini Organization of 2019, and shall come into operation after registration.

ARTICLE 2: Interpretation

Unless the context otherwise requires in this Constitution, the following expression shall have the following meaning that is to say-

“Act” shall mean the Non-Governmental Organizations Act, No. 24 of 2002 as amended in 2005 and 2019;

“Organization” Shall mean Tembea kwa Matumaini Organization.

“Board” Shall mean Board of Directors.

“Constitution” Shall mean the Constitution of Tembea kwa Matumaini Organization.

“Registrar” shall mean the Registrar of NGOs

ARTICLE 3: Preamble

For the long time the community of Tanzania suffers from gender discrimination, poverty, and violation of human rights. Women, children and elderly are the most group of people who are affected.

We recognize the effort made by the Government to resolve those problems but the Government alone cannot resolve it, therefore we decide to join our effort so as we can help our Government to resolve these problems.

We as Tembea kwa Matumaini Organization, we form this Non Governmental Organization, aim to fight against poverty, gender discrimination and violation of children rights to as we can build a superior society.

 PART II: NAME OF THE ORGANIZATION, REGISTRATION, HEAD OFFICE, AREA OF OPERATION, CORE VALUES

ARTICLE 4: Name of the Organization

The name of the Organization shall be Tembea kwa Matumaini Organization.

ARTICLE 5: Registration

The Organization shall be registered as a Non Governmental Organization under the NGOs Act No. 24 of 2002 as amended 2005 and 2019.

ARTICLE 6: Head Office

The head office will be based at Rwegasore street, Temeke ward Temeke District Dar es Salaam Region

P.O.BOX 77171 Dar es Salaam

ARTICLE 7: Area of Operation

The Organization shall operate in Tanzania Mainland

ARTICLE 8: Core Values

The core values of the Organization are as hereunder-

  1. Commitment;
  2. Respect;
  3. Transparency;
  4. Accountability;
  5. Integrity;
  6. Innovation;
  7. Team work;

PART III: VISION, MISSION, OBJECTIVES, PROTECTION OF THE ORGANIZATION

ARTICLE 9: Vision Statement

To be an Organization that builds local community efforts in the struggle of poverty alleviation.

ARTICLE 10: Mission Statement

To help people in difficult environment and improve their standard of living so that their physical, economical, emotional and social needs are satisfied.

ARTICLE 12: Objectives

  1. To promote gender equality within the society.
  2. To support marginalized group (women, children, elderly and youth).
  3. To raise community’s knowledge on Childrens rights and Environmental conservancy.
  4. To empower the community in development projects for self generating income

ARTICLE 11: Application of Laws 

The Organization shall operate in accordance with this Constitution, Rules and Regulations made under it, but shall not exclude in any way the application of any other written laws of Tanzania.

PART IV: MEMBERSHIP AND TYPES OF MEMBERS

ARTICLE 12: Membership

Membership to the Organization shall be voluntary and open to any individual who has attained the age of 18 years and above, of sound mind and who is ready to join hands in supporting and promoting vision, mission and objectives of the Organization.

(In case of local NGO membership shall compose of Tanzanians, and for an International NGO membership shall composed of not less than three members   two of whom shall Tanzanian being founder members)

ARTICLE 13: Types of Members

There shall be three types of members-

  1. Founder members: These are members who made the initiatives to establish this Organization;
  2. Ordinary members: These are members who join the Organization after its establishment;
  3. Honorary members: These are members who are appointed by the General Meeting as the recognition of their outstanding contribution to the Organization and to the community

ARTICLE 14: Rights of Members

  1. To elect/vote and be elected/voted in the leadership of the Organization except for honorary members;
  2. To defend him/her and to be given a chance to answer to any charges that might be logged against him/her before termination of membership;
  3. To attend General Meeting;
  4. Participate in all Organization activities as he/she may be required to do so;
  5. Receiving information of the Organization progress by any means of communication.

ARTICLE 15: Cessation of Members

Members shall cease if any the following happens-

  1. By resignation;
  2. Expulsion for misbehavior, failure to adhere to Organization’s resolutions and these constitutions;
  3. Failure to attend three consecutive General Meeting without reasonable information;
  4. Incapability to perform his/her obligations due to mental disorder;
  5. Failure to pay subscription fees for 2 years;

ARTICLE 16: Liabilities/Obligation of Members

  1. To pay fees that is prescribed by the general Meetings;
  2. To attend all meetings that requires his/her presence;
  3. To participate in all the activities of the organization as planned;
  4. To keep secret all matters and decisions of the organization.

PART V: ORGANIZATION STRUCTURE AND OFFICE BEARERS

ARTICLE 17: Chairperson

There shall be chairperson of the organization who;

  1. Shall preside over General Meeting of the organization;
  2. Be the spokesman for the organization;
  3. Shall be a signatory to the bank account.
  4. Shall be the overseer of the organization’s daily activities

ARTICLE 18: Executive Secretary

There shall be Executive Secretary of the organization who;

  1. Shall call meetings in consultation with the Chairperson;
  2. Shall arrange schedule of duties in the office;
  3. Shall receive all letters including application letters from new members and to submit them to the General Meeting for approval;
  4. Shall keep all documents of the Organization;
  5. Shall be a signatory to the Organizations bank account;
  6. Shall keep records of all assets of the Organization.

ARTICLE 19: Treasurer

There shall be Treasurer of the organization who;

  1. Shall receive and keep all the money of the Organization;
  2. Shall prepare the annual budget and estimates of the Organization to be presented to the General Meeting;
  3. Shall keep all records of assets, records of accounts and books of account;
  4. Shall prepare financial records of statements of income and expenditure and submit the said documents together with audited report to the General Meeting;
  5. Shall be a signatory to the bank account.

PART VI: ELECTION AND TERMS OF LEADERSHIP

ARTICLE 20: Chairperson

The Chairperson of the Organization shall be elected among the members by the General Meeting and hold office 3 years.                 

ARTICLE 21: Executive Secretary

The Executive Secretary of the Organization shall be elected among the members by the General Meeting and hold office 3 years.        

ARTICLE 22: Treasurer

The Organization shall have a Treasurer who shall be elected among the members by the General Meeting and hold office for 3 years.           

ARTICLE 23: Modalities of Renewal

The Chairperson, Executive Secretary and Treasurer after completion of 3 years they may be re-elected for another term of 3 Years which shall be final.

PART VI: BOARD OF DIRECTORS

ARTICLE 24: Establishment of the Board of Directors

  1. There are shall be a Board of Directors composed of the Chairperson, Executive Secretary, Treasurer and other ………………. members appointed by General Meeting;
  2. Members of the Board shall hold the office for 3 year and may be re-appointed for the last term of 3 years.
  3. The Chairperson of the Board shall be elected by the General Meeting among Board members while the Chairperson of the Organization shall be Secretary to the Board;
  4. Board of Director shall hold the meeting twice a year but may meet at any time in case of emergency;
  5. Quorum shall be 2/3 of the Board members.

ARTICLE 25: Function and Duties of Board of Directors

  1. To make Rules and Regulations;
  2. To protect and advance the image of the Organization;
  3. To recruit staffs;
  4. To participate in developing Organization’s Strategic plans;
  5. To appoint auditor(s);
  6. To convene projects to be carried out by Organization, conduct or cause to be conducted feasibility studies for such project and submit the same for approval by the General Meeting;
  7. To form different committees of the Organization where necessary.

PART VII: GENERAL MEETING

ARTICLE 26: Composition of General Meeting

  1. General Meeting shall be a supreme organ of the Organization composed of all members of the Organization;
  2. The decisions in this meeting shall be by majority vote of members attended the meeting.

ARTICLE 27: Powers/function of the General Meeting

  1. Discuss new members for admission and discipline and expel members;
  2. Discuss and approve annual budgets, plans, physical and financial implementation reports;
  3. Amend the Constitution;
  4. Dissolve Organization;
  5. Electing office bearers of the Organization;
  6. Approving by-laws, Rules and Regulations, Manuals, decisions and other issues originated from the Board of Directors;
  7. To approve appointment of Auditors;
  8. To appoint Board of Directors.
  9. Approve organization policies

ARTICLE 28: Delegation of power

General Meeting may delegate some of its powers to the Board of Directors. Board shall be required to report to the General Meeting for approval.

ARTICLE 29: Annual General Meeting

  1. There shall be Annual General Meeting of the Organization held once a year;
  1. Notice shall be given to all members 14 days before the meeting;
  2. Quorum shall be 2/3 of members.

ARTICLE 30: Extra-Ordinary General Meeting

  1. The Extra-Ordinary General Meeting shall be held whenever there is an emergency;
  2. Notice shall be given to all member 7 days before the meeting;
  3. Quorum shall be 2/3 of members.

PART VIII: FINANCIAL, MANAGEMENT, SOURCES OF FUNDS AND USES OF FUNDS

ARTICLE 31: Financial Year

The financial year of the Organization shall be between 1st January and 31st December of the calendar year. 

ARTICLE 32: Sources of Funds

The sources of funds for the Organization shall be-

  1. Entry and annual fees;
  2. Fundraising;
  3. Legal gifts from friends;
  4. Grants, donations;
  5. Income generating activities

ARTICLE 33: Uses of Funds

Funds however obtained shall solely be applied towards the promotion of the objectives of the Organization.

ARTICLE 34: Bank Account

There shall be a bank account opened in the name of the Organization. The signatories of the Account shall be any two among the three signatories (the Chairperson, the Executive Secretary and the Treasurer).

ARTICLE 35: Annual Reports

There will be Annual Reports consisting Annual Audited Financial Report and Annual Activities Report prepared by the office bearers under supervision of the Board of Directors and presented to the General Meeting for discussion and approval before submitting to the office of the registrar.

ARTICLE 36: Audit and Control

The appointed External Auditor(s) shall annually audit and verify the financial accounts of the Organization in accordance to the best practice principles of Accounting and Auditing. The audited financial statement shall be submitted to the General Meeting for securitization and approval.

PART X: CONSTITUTIONAL AMENDMENTS, DISSOLUTION AND COMMON SEAL

ARTICLE 37: Constitutional Amendments

Any part, clause of this Constitution may be removed, added or amended by the General Meeting by the majority vote of eligible voters held for that purpose.

ARTICLE 38: Dissolution

  1. The Organization may be dissolved by resolution passed at the General Meeting, by at least a two thirds majority of members eligible to vote or by operation of law;
  2. In the event Organization is dissolved, all assets remain after payment of debts shall be transferred to another Non-Governmental Organization registered under the Act with Similar objectives with this organization.

ARTICLE 39: Common Seal

The Organization shall have Common Seal with the words of …………………….. under custody of the ……………………………………………… The Organization seal shall be used in all Organization official documents.

PART IX: MISCELANEOUS DISPOSITION

ARTICLE 40: Conflict Resolution
  1. Whenever arises a conflict within the Organization; the Board will be responsible to settle the dispute;
  2. If the Board fails to handle the dispute, the matter will be referred to the General Meeting and if the General Meeting, if dispute still persist the matter will be referred to the registrar.

                                        LIST OF FOUNDER MEMBERS

NO

NAME

SEX

POSITION

SIGNATURE

1

Mohamed Ismail Hemed

M

Member

 

2

Adam Juma Ngatila

M

Chairperson

 

3

Caroline Michael Saibul

F

Secretary

 

4

David Issa Mangara

M

Member

 

5

Bwanga Kandoro

M

Member

 

6

Catherine Bernad Udambe

F

Treasure