CONSTITUTION

Cosntitution

KONDOA COMMUNITY NETWORK (KCN) CONSTITUTION

 

PART I: PRELIMINARY

Article 1: Name of the Organization

The name of the organization shall be the Kondoa Community Network.

 

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 Organization Act, No. 24 of 2002 as amended from time to time;

"Organization" shall mean Kondoa Community Network;

"Board" shall mean Board of Directors of the Organization;

"Registrar" shall mean the Registrar of Non-Governmental Organizations.

“Chairperson” shall mean the person elected by the General Meeting of the Organization among its members to chair all meetings of the Organization.

“Treasurer” shall mean the treasurer of the Organization elected by the General Meeting of organization among its members according to the regulations of this Constitution.

“Executive Secretary” shall mean the person elected by the General Meeting of the Organization among its members according to the regulations of this Constitution. 

"Office Bearers" shall mean the Chairperson or Executive Secretary or Treasurer.

 

Article 3: Preamble

Realizing that the governments sole responsibility is to create enabling environment to its citizen to access the essential human needs; this end has not fully been reached due to poor infrastructure, financial constraint and shortage of experts; hence communities still face with challenges related to Internet connectivity and positive Internet usage as a results there are a large number of mobile telephone subscribers but fewer Internet users in Tanzania and hence they are not able to benefit from the Digital Economy.

We believe that; affordable communication service contributes to the achievement of the Sustainable Development Goals and improve the wellbeing of local communities in Tanzania. It is also emphasized that the realization of the delivery of affordable communication services requires a collaborative efforts with many other development partners working together to address challenges such as lack of infrastructure, high cost for bandwidth, high cost for spectrum resources, lack of modern policies, lack of locally generated contents and challenges associated with digital literacy for most of Internet end-users.

It is this belief that has inspired us to form KONDOA COMMUNITY NETWORK (KCN)                                          

 

Article 4: Registration

The Organization shall be registered as the Non-Governmental Organization under the NGO Act, No. 24 of 2002 as amended from time to time.

 

Article 5: Head Office

The head office shall be based at Chemchem street, nearby Kondoa Inn hotel, Chemchem ward, P.o Box 804, Kondoa District, and Dodoma Region. 

 

Article 6: Area of Operation

The organization shall operate in the Kondoa District.

 

PART II: VISION, MISSION, AND OBJECTIVES

Article 7: Vision Statement

The vision of the organization shall be “delivering affordable communication services".

 

Article 8: Mission Statement

To inspire the community to effectively utilize Internet resources to improve their living standards. 

Article 9: Objectives

  1. To promote economic generating activities that fuel the entrepreneurship in the community.
  2. To facilitate network infrastructure to community-based educational institutions. 
  3. To promote the positive usage of Internet resources in the community.
  4. To establish the incubation center that fuels innovation and development.
  5. To promote the use of ICT in realizing the Sustainable Development

 

PART III: MEMBERSHIP AND TYPES OF MEMBERS

Article 10: Membership   

Membership to the Organization shall be voluntary and open to any Tanzanian who has attained the age of 18 years and above, of sound mind and who is ready to hands in supporting and promoting vision, mission, and objective of the Organization. In case of local NGO membership, shall compose of Tanzanian, and for an International, NGO membership shall be composed of not less than three members, two of whom shall be Tanzanian being the founder members)

 

Article 11: 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: are those members who shall be awarded such membership by the Organization due to their positive contributions to the community and Organization objectives.

 

Article 12: Rights and obligations of Members

  1. To elect/vote and be elected/voted in the leadership of the Organization except for honorary members;
  2. Right to be heard;
  3. To attend General Meeting;
  4. Participate in all organization activities as he/she may be required to do.
  5. Receiving information about the organization's progress by any means of communication.
  6. To pay fees that are prescribed by the General Meeting;
  7. To attend all meetings that required his/her presence;
  8. To participate in all the activities of the Organization as planned;
  9. To keep secret all matters and decisions of the Organization.

 

Article 13:  Cessation of Members

Membership shall cease if any of the following happens:-

  1. By resignation;
  2. Expulsion for misbehavior, failure to adhere to the organization's resolutions and this Constitution;
  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 two years consecutive
  6. Death

 

PART IV: OFFICE BEARERS, ELECTION, AND TERMS OF LEADERSHIP

Article 14:  Chairperson

There shall be a 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 15: Executive Secretary

There shall be Executive Secretary of the Organization who;

  1. Shall call meetings in consultation with the Chairperson;
  2. Shall arrange the 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 16: Treasurer

There shall be Treasurer of the Organization who;

  1. Shall receive and keep all 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 an audited report to the General Meeting;
  5. Shall be a signatory to the bank account.

 

Article 17: Election and Term of the Leadership of Office Bearer

The office bearers of the Organization shall be elected by the General Meeting among the members and hold office for a period of three years and may be re-elected for another term of three years.

 

PART V: BOARD OF DIRECTORS

Article 18: Establishment of the Board of Directors

  1. There are shall be a Board of Directors composed of the Chairperson, Executive Secretary, Treasurer and other three members appointed by General Meeting;
  2. Members of the Board shall hold the office for a period of three years and may be re-appointed for another term of three 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 or at any time in case of emergency;
  5. The quorum shall be 2/3 of the Board members.

 

Article 19: Functions and Duties of the 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 an 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 VI: GENERAL MEETING

ARTICLE 20: 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 a majority vote of members attended the meeting.

 

ARTICLE 21: 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. Electing office bearers of the Organization;
  5. Approve issues originated from the Board of Directors;
  6. To appoint the Board of Directors.  

 

ARTICLE 22: Annual General Meeting

  1. There shall be Annual General Meeting of the Organization held once a year;
  2. Notice shall be given to all members 21 days before the meeting;
  3. The quorum shall be 2/3 of members.

 

ARTICLE 23: 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 members 21 days before the meeting;
  3. The quorum shall be 2/3 of members.

 

PART VII: FINANCIAL MANAGEMENT, CONSTITUTIONAL AMENDMENT, DISSOLUTION AND CONFLICT RESOLUTION

ARTICLE 24: Financial Year

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

 

ARTICLE 25: 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 26: Uses of Funds

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

 

ARTICLE 27: Bank Account

There shall be a bank account opened in the name of the Organization. The office bearers shall be the signatories of the Bank Account of the Organization. For any transaction to be effected there must be signatures of two signatories among the three signatories.

 

 

ARTICLE 28: 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 29: Dissolution

  1. The Organization may be dissolved by a 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 remaining after payment of debts shall be transferred to another Non-Governmental Organization registered under the Act with Similar objectives with this Organization.

 

ARTICLE 30: Conflict Resolution

  1. The office bearers shall, within three months of the close of  each financial year cause the account relating to such financial year together with a statement of income and expenditure and a  statement of assets and liabilities of the Foundation for the  financial year to be submitted to the External Auditors appointed by the  General Meeting
  2. The audited accounts of the Organization shall be submitted to the General Meeting.