conference launch - acsa constitution.pdf

8/11/2019 CONFERENCE LAUNCH - ACSA CONSTITUTION.pdf

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CONSTITUTION


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ARTICLE 1

DEFINITIONS

In this Constitution, unless the context otherwise requires,

ssociation means the African Corrections/Prisons Services Association;

Code of Conduct means the code of rules and regulations

Constitution means the Constitution of the Association;

Chairperson means the Chairperson of the Association;

Liaison Officer

means the person appointed by a Member State in accordance with Article 17 of th

Constitution;

Member

means a member of the Association as described in Article 7 of this Constitution;

Member State

means a state or government which is a member of the Association;

Observer

means an individual or institution invited by the Association to attend meetings of th

Association;

Secretariat means the Secretariat of the Association;

Treasurer

means the Treasurer of the Association;

Vice Chairperson means the Vice Chairperson of the Association.


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Vice Treasurer means the Vice Treasurer of the Association;

Ministerial Consultative

Forum shall mean a forum composed of African Ministers whose portfolio

include corrections/prisons.

Core Mem bers Council

shall be made up of all the Heads of African Corrections/Prisons.

Executive Committeeshall mean an executive committee made up of the associations office-beare

and regional representatives.

Regional Vice Chairpersonsshall mean five regional chairperson appointed by the CMC to champio

the association in their respective regions.

Regionshall mean the Northern, Southern, Eastern, Western and Central Africa.

Secretariatshall mean the location principal executive office of ACSA and shall be responsible to th

Executive Committee.

PART TWO

ARTICLE 2


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ESTABLISHMENT AND LEGAL STATUS

2.1 By this Constitution, the African Corrections/Prisons Services Association

(hereinafter referred to as ACSA) is established.

2.2 The Headquarters of ACSA shall be in a Member State.

ARTICLE 3

LEGAL STATUS

3.1 ACSA shall be an all-African intergovernmental body with legal personality

with capacity to enter into contracts and to acquire, own or dispose of movable or immovab

property, to sue or sued.


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PART THREE

ARTICLE 4

OBJECTIVES

4.1 The objectives of ACSA shall be to:

4.1.1 Promote cooperation among the participating Core

Members;

4.1.2 Make specific recommendations to governments and

multilateral associations for action;

4.1.3 Identify common operational matters for discussion and further

action as may be required;

4.1.4 Share and exchange expertise, knowledge, skills and research

results;

4.1.5 Promote Human Resources Development;

4.1.6 improve conditions of service of correctional/prison services

personnel;

4.1.7 Improve management in correctional/prison services;


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Promote international interaction and collaboration in respect of

correctional/prison services;

4.1.8 Promote human rights and international norms and standards in

correctional/prison services;

4.1.8 Promote technical assistance and co-operation;

4.1.9 Promote law reform;

4.1.10 Promote correctional/prison services in the Criminal Justice

System;

4.1.11 Promote cultural contact; and

4.1.12 Promote correctional/prison services in post-conflict

reconstruction.

PART FOUR

SCOPE, MEMBERSHIP, ADMISSION OF NEW MEMBERS,

WITHDRAWAL, AND SUSPENSION AND TERMINATION


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ARTICLE 5

SCOPE

5.1 ACSA shall be an all-African intergovernmental body open to correctional/prison services an

other entities either as Core or Associate Members as defined by Article 7 of th

Constitution.

ARTICLE 6

MEMBERSHIP

6.1 The membership of ACSA shall consist of:

6.1.2 Core Members are of Heads of African Corrections/Prisons of Member States.

6.1.3 Associate Members are individuals and associations who shall pay 50% of the f

membership and enjoy discussion and voting rights on non-policy matters;

6.1.4 Observers are individuals or institutions who are invited or whose application for attendanc


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is accepted by the Chairperson and who pay a prescribed registration fee and participate

discussion by invitation and not have any voting rights.

6.1.5 Honorary Members are individuals who have significantly contributed to the development

correctional/prison services as well as those who have made a distinguished contribution

the well-being of society.

ARTICLE 7

ADMISSION OF NEW MEMBERS

7.1 ACSA may admit new members in accordance with Article 6 upon receiving applications fro

interested parties.

7.2 An application for membership shall be made to the Chairperson through the Secretariat and th

Chairperson shall inform the Core Members Council (CMC) who shall make a decision wheth

or not to admit the applicant provided that reasons shall be given where the application

rejected.


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justification acceptable to CMC;

9.3 Non-participation in meetings of ACSA for two (2) consecutive occasions without prop

justification; and

9.4.1 Breach of the ACSA Code of Conduct.

9.4.2 Any member whose membership has been suspended or terminated in accordance w

Paragraph 1 of this Article may be readmitted as a member on the decision of the CMC.

PART FIVE

INSTITUTIONS

ARTICLE 10

ESTABLISHMENT OF INSTITUTIONS

10.1 The following institutions are hereby established:


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10.1.2 Ministerial Consultative Forum

10.1.3 Core Members Council

10.1.4 Executive Committee

10.1.5 Secretariat.

10.2 Other institutions may be established as necessary.

ARTICLE 11

MINISTERIAL CONSULTATIVE FORUM MCF)

11.1 There shall be a Ministerial Consultative Forum (MCF) composed of African Ministers whos

portfolios include corrections/prisons.

11.2 The MCF will be responsible for the following:

11.2.1 Serve as a collective platform that champions the effective action and the promotion

African Corrections/ Prisons reform agenda in multi-lateral and continental forums.


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11.2.2 Represent and promote the strategic interests of the ACSA in terms of political engagemen

and further mobilization of support to strengthen the ACSA.

11.2.3 Actively assist in mobilizing resources for the ACSA, both amongst African member state

and other partners.

11.2 The Structure of the MCF

11.2.1 The MCF will elect a Chairperson and Vice Chairperson

11.2.2 The Chairperson and the Vice Chairperson will hold office until the next meeting of the MCF

11.3 Meetings of The MCF

11.3.1 MCF Meetings will take place once (1) a year.

11.4 Notices

11.4.1 Notice of MCF meetings will be issued no later than sixty (60) days before the meeting.

11.4.2 The notice of the meeting will be accompanied by a provisional agenda and minutes of th

previous meeting which will have been submitted by the Chairperson of the CMC and agree

to by the Chairperson of the MCF.

11.4.3 Where necessary, documentation for MCF meetings will be issued no later than thirty (3

days prior to the meeting.

ARTICLE 12


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12.1.3.8 Formulation of rules and regulations.

12.1.3.9 Shall appoint a Principal Officer and Assistant Principal Officer as indicated in Article 19 an

20.

Relationship with the Ministerial Consultative Council MCF):

2.1.4.1 The CMC will submit progress reports to the MCF as-and-when the MCF meets.

2.1.4.2 Members of the CMC will interact with the Ministers of the MCF in between meetings f

purposes of oversight and tactical support.

2.1.4.3 Informal engagements with the MCF.

2.2 EXECUTIVE COMMITTEE

The Executive Committee shall be made up of the following officers:

2.2.1.1 Chairperson

2.2.1.2 Vice-Chairperson

2.2.1.3 Regional Vice-Chairpersons

2.2.1.4 Treasurer

2.2.1.5 Vice Treasurer

2.2.1.6 Secretary


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2.2.1.7 Vice Secretary

The Executive Committee shall:

2.2.2.1 Oversee the implementation for the Resolutions of the CMC.

2.2.2.2 Exercise oversight functions on the overall operations of the Association

2.2.2.3 Report to the CMC

Quorum

2.2.3.1 The quorum for the Executive Committee will be fifty percent plus one (50% + 1).

ARTICLE 13

Election of Chairperson

3.1.1 The Chairperson shall be elected by the Core Members Council Meeting for a period of two (

years not exceeding two terms.


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3.1.2 Any Member State may propose a name for election to the position of Chairperson and suc

election will proceed in accordance with a procedure agreed upon by the CMC.

3.1.3 The person so elected shall serve as Chairperson for a period not exceeding two (

consecutive terms.

The Chairperson shall:

3.2.1 Oversee the overall performance of ACSA;

3.2.2 Chair the meetings of the corrections/prisons services CMC and Executive

Committee;

3.2.3 Be the Chief Spokesperson of ACSA; and

3.2.4 Be the Chief Representative of ACSA at meetings of multilateral organs

and other partners.

ARTICLE 14

Election of the Vice Chairperson


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4.1.1 The Vice Chairperson shall be elected from among the members of the CMC for a period

two years.

4.1.2 Any Member State may propose a name for election to the position of Vice Chairperson an

such election will proceed in accordance with a procedure agreed upon by the CMC.

14.1.3

The Vice Chairperson shall:

14.1.3.1 Perform all duties assigned by the Chairperson in his or her absence or as requested b

Chairperson.

ARTICLE 15

Designation of Regions

5.1.1 There shall be five (5) Regions namely; North, South, East, West and Central Africa initia

appointed by the CMC.

Election of Chairperson of Regional Vice Chairpersons


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5.2.1 Regional Vice Chairperson shall be elected by Member States in their designated regions for

period of two (2) years not exceeding two terms.

5.2.2 Any Member State within the designated region may propose a name for election to th

position of Regional Vice Chairperson and such election will proceed in accordance with

procedure agreed upon by the CMC.

5.2.3 The person so elected shall serve Regional Vive Chairperson for a period not exceeding tw

(2) consecutive terms.

Functions of the Regional Chairpersons

5.3.1 Promote ACSA programmes and activities in their respective regions

5.3.2 Serve as regional coordinators of ACSA activities.

5.3.3 Act as mobilisors of regional resources for the purpose of promoting the

aims and objectives of ACSA

ARTICLE 16


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Election of the Treasurer

6.1.1 The Treasurer shall be elected from among the members of the CMC for a period of two years.

6.1.2 The Treasurer may be re-elected for another term of two years.

The Treasurer shall:

6.2.1 Ensure that due diligence and accounting principles are applied in the management of th

account.

6.2.2 Exercise his/her authority on use of finances through the Finance Committee.

6.2.3 Maintain a register containing a list of all ACSA members with their contributions du

reflected.

6.2.4 Prepare the budget estimates for a proposed activity, and obtain the approval of the Financ

Committee for spending after scrutiny.

6.2.5 Keep proper books of account including all moneys received and payments made into th

Association account and makes these available to the appointed external auditors for scrutiny

ARTICLE 17


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8.1.3 The person so elected shall serve as Secretary for a period not exceeding

two (2) consecutive terms.

The Secretary shall:

8.2.1 Oversee the overall performance Principal Officer and the Secretariat;

8.2.2 Report to the CMC on the work of the Secretariat.

8.2.3 Be the Spokesperson of ACSA as mandated by the Chairperson.

8.2.4 Be the Representative of ACSA at meetings of multilateral organs and

other partners as mandated by the Chairperson.

ARTICLE 19

Election of Vice Secretary

9.1.1 The Vice Secretary shall be elected by the CMC.

9.1.2 The Vice Secretary may be may be re-elected for another term of two years.

9.1.3 The person so elected shall serve as Secretary for a period not exceeding two (2) consecutiv

terms.


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Functions of the Vice Secretary

9.2.1 The Vice Secretary shall performing all duties of the Secretary in his/her absence or a

requested by the Secretary.

ARTICLE 20

The Secretariat

A Secretariat shall be established and shall operate as provided for under this constitution.

Unless specifically provided for in this Constitution, the structures of The Secretariat an

specifications, descriptions and grading of jobs of the staff of the Secretariat shall be a

determined by the CMC from time-to-time.

The head of the Secretariat shall be the Principal Officer.

The Secretariat shall have other staff as may be determined by the CMC from time-to-time.


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ARTICLE 21

Appointment of the Principal Officer

21.1.1 The Principal Officer shall be a permanent appointment of the Executive Committee

21.1.2 The Principal Officer shall be the Principal Executive Officer of ACSA

Responsibility of the Principal Officer:

21.2.1 Effective coordination and implementation of the decisions of ACSA;

21.2.2 Initiating, receiving and submitting recommendations to the CMC for approval;

21.2.3 Initiating research into and the implementation of programmes through the most appropriat

efficient and effective ways of achieving the objectives of ACSA;

21.2.4 Strategic planning, management and monitoring of programmes for the development of ACSA

21.2.5 Undertaking, either on its own initiative or otherwise, such investigations, collection

information, or verification of matters relating to any matter affecting ACSA that appears to it

merit examination;

21.2.6 Coordination and harmonisation of policies and strategies relating to the development

ACSA;


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21.2.7 General promotion and dissemination of information on ACSA in any form to stakeholders an

the general public;

21.2.8 Submission of reports on the activities of ACSA to the CMC;

21.2.9 General administration and management of ACSA with the approval of the CMC;

21.2.10 Mobilisation of funds from development partners and other sources for the implementation

projects and other activities of ACSA;

21.2.11 Submission of the budget of ACSA to the CMC for its consideration;

21.2.12 Proposing draft agendas for meetings of ACSA and Terms of reference of all sub-committee

appointed by the CMC;

21.2.13 Keeping records of meetings of ACSA;

21.2.14 Custody of the assets and liabilities of ACSA; and

21.2.15 Such other matters that may be directed by the CMC.

ARTICLE 21

Appointment of the Deputy Principal Officer


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21.1.1 The Deputy Executive Secretary may be appointed for a period of two (2) years, and

eligible for re-appointment for another period not exceeding two (2) terms.

Functions and Duties of the Deputy Principal Officer

21.2.1 The Deputy Executive Secretary shall perform such duties and functions as assigned to hi

or her by the Executive Secretary from time-to-time and will act as the Executive Secretary

his/ her absence.

ARTICLE 22

. Each Member State shall appoint a Liaison Officer whose duties shall include the facilitatio

of all interaction between the respective Member State and ACSA.

2. The Liaison Officer shall be the contact person for purposes of communication between th

respective Member State and the Secretariat.


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ARTICLE 23

. The CMC shall appoint the following sub-committees for special tasks to assist the Secretari

in its functions:

(a) The Sub-Committee on Fundraising and Resources Mobilisation which shall b

responsible for the mobilisation of funds and other material resources to support th

programmes of ACSA;

(b) The Sub-Committee on Finance and Audit which shall oversee the development of th

ACSA budget, projects and any other duties related to auditing and financ

management; and

(c) The Sub-Committee on External and Legal Affairs which shall attend to all leg

matters related to regional cooperation and advice on approaches and actions

harmonise regional legislation.

2. The CMC may appoint and mandate various other sub-committees as the need arises


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The quorum for all meetings of the institutions of ACSA shall be 50% plus one (1) of its members.

ARTICLE 26

. ACSA shall convene the following:

a) Biennial General Meeting to be attended by all the members of ACSA;

b) Biennial Conference to be attended by all members of ACSA and other invited guests a

identified by the Executive Committee;

c) Council of Ministers; and

d) Core Members Meeting.

2. The Chairperson or any Core Member may call for an Extraordinary Meeting by lodging

request with the Chairperson who shall convene such a Meeting after obtaining the suppo

of a two-thirds (2/3) majority of the CMC.


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3. The CMC shall decide the venues of meetings indicated in paragraph 1 of this Article.

ARTICLE 27

. Except as otherwise provided in this Constitution, decisions of the institutions of ACSA sha

be taken by consensus.

2. Where a decision cannot be reached by consensus the members may agree to take

decision by secret ballot.

3. Decisions taken by ACSA shall be non-binding but the members shall endeavour to adhe

to the decisions taken.

ARTICLE 28


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Except where otherwise provided in this Constitution, the institutions of ACSA shall determine their ow

ules of procedure.

ARTICLE 29

The working languages of ACSA shall be English, French, Portuguese and Arabic.

ARTICLE 30

The Secretariat shall send a written notice of the date and venue of meetings of any institution of ACSA t

all participating members not less than three (3) months before the dates of meeting provided a notice f

an extraordinary meeting shall be one (1) month.


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PART SEVEN

FUNDING, COSTS, ASSETS AND AUDIT

ARTICLE 31

Funding for ACSA shall consist of annual contributions from members as determined by the CMC

consultation with all the members of ACSA.

ARTICLE 32

. ACSA shall be responsible for costs relating to the venue of meetings.


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2. Any Core Member hosting a meeting shall be responsible for logistics such as transport an

security during the meeting.

3. The cost of international travel, accommodation and subsistence of delegates to meeting

shall be borne by respective members.

4. The cost of travel, accommodation and allowances for invited resource persons shall be pa

by the Association.

5. The cost of travel and accommodation for invited Honorary Members shall be borne

ACSA unless stated otherwise by the respective Honorary Member.

ARTICLE 33


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Property, both movable and immovable, acquired by or on behalf of ACSA, shall constitute the assets

ACSA irrespective of their location.

ARTICLE 34

The CMC shall appoint external auditors to audit the accounts of ACSA at the beginning of each financ

year.

PART EIGHT

ARTICLE 35


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. The CMC may amend any part of this Constitution provided that such amendment is passe

by a two-third (2/3) majority of all Core Members.

2. A proposal for any amendment shall be communicated to the Chairperson through th

Secretariat and the Secretariat shall circulate a two (2) month notice to all Core Membe

before the amendment is considered.

PART NINE

ARTICLE 36

Any dispute arising from the interpretation or application of this Constitution or any other instrument mad

under this Constitution shall be resolved through consultation and negotiation.


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PART TEN

ARTICLE 37

. ACSA shall not be dissolved except by a resolution passed in a meeting of ACSA membe

by a vote of two-thirds 2/3

)of the Core Members and no further action shall be taken by an

institution, sub-committee or any office bearer in connection with the objectives of ACSA.

2. The dissolution shall be subject to the payment of all the debts and other liabilities of ACSA

the balance thereof shall be distributed in such a manner as may be resolved by the meetin

at which the resolution for dissolution is passed.

PART ELEVEN

ARTICLE 38


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This Constitution came into force upon being adopted by the Launch Conference of the Africa

Correctional Services Association (ACSA) on the 26thSeptember 2008 in Livingstone, Zambia.

Signed in on the . 2009

________________________________Mr. Gibbie Nawa

Chairperson of ACSA andCommissioner of Prisons, Zambia

________________________________Ms. Xoliswa SibekoSecretary of ACSA andNational Commissioner of Correctional Services, South Africa

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