JUSTICE FOR ALL: CONSTITUTION

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JUSTICE FOR ALL

LEGAL AID CENTRE

THE CONSTITUTION OF ORGANIZATION

OF 2010

ARRANGEMENT OF ARTICLES

ARTICLE CONTENT PAGE

CHAPTER ONE

PART I

PREAMBLE, SHORT TITLE AND ADDRESS

Short title………………………………………………………………4
Allocation and address…………………………………………………4

PART II

STATUS AND OBJECTIIVES

Status………………………………………………………………….4
Jurisdiction…………………………………………………………….4
Objectives……………………………………………………………..5

CHAPTER TWO

PART I

OFFICIAL LANGUAGE AND MEMBERSHIP

Official languages and other languages………………………………….5
Membership to organization……………………………………………6
Subscription to membership…………………………………………....6
Types of membership…………………………………………………..6
Qualification of membership for natural person………………………….6
Qualification of membership for legal person……………………………6

PART II

RIGHTS AND DUTIES OF MEMBERS

Rights of members……………………………………………………..7
Duties of members……………………………………………………..7

PART III

CESSATION AND DENIAL OF MEMBERSHIP

14 Cessation of membership ……………………………..8

15. Overruling of executive committee denial to membership………………8

PART IV

FEES

16. Joining membership fees………………………………………………8

17. Contribution to organization…………………………………………...8

CHAPTER THREE

PART I

ORGANS OF THE ORGANIZATION

18. Establishment of the organs……………………………………………8

19. The board of directors………………………………………………...9

20. Duties of the board of directors………………………………………..9

21. General assembly and its jurisdiction…………………………………...9

22. The executive committee personnel……………………………………10

23. The responsibilities of the executive committee………………………...10

24. The secretariat and its functions……………………………………….11

25. Limits to secretariat…………………………………………………...11

PART II

MEETINGS

26. Establishment of meetings……………………………………………..11

27. Annual meeting and functions………………………………………….11

28. Extraordinary general meeting…………………………………………12

29. Notice of meeting and content of the notice……………………………12

30. Publication and serving of the notice to meeting………………………..12

31. Quorum to extraordinary meeting……………………………………...12

32. Chairman to extraordinary general meeting…………………………….12

33. Ordinary meetings, executive committee meetings……………………...12

CHAPTER IV

ADMINISTRATION AND MANAGEMENT

PART I

OFFICE BEARERS

34. Establishment of the office bearers……………………………………..13

THE EXECUTIVE DIRECTOR

35. Office of the executive director………………………………………...13

36. Appointment of the Executive Director…………………………………13

37. Vacancy of Director…………………………………………………...13

38. Vacation of the office of Director………………………………………13

DEPUTY DIRECTOR

39. Deputy Director……………………………………………………….13

40. Appointment of the Deputy Director…………………………………...13

41. Functions of the Deputy Director………………………………………14

42. Vacation of the office of Deputy Director………………………………14

THE SECRETARY GENERAL

43. The Secretary General…………………………………………………14

44. Appointment of the Secretary General………………………………….14

45. Functions of the Secretary General……………………………………..14

THE TREASURER

46. The office of the treasurer……………………………………………...14

47. Appointment of the treasurer…………………………………………...14

48. Functions of the treasurer………………………………………………15

CHAPTER FIVE

SOURCES OF FUNDS AND FINANCIAL ADMINISTRATION

PART I

SOURCES OF FUND

49. Sources of fund…………………………………………………………15

50. Grants, aids and donations………………………………………………16

PART II

FINANCIAL ADMINISTRATION

51. Limits of expenditures…………………………………………………...16

52. Preparation of annual budget…………………………………………….16

53. Powers of the general assembly to expenses……………………………..16

54. Copy of the auditors report……………………………………………...16

PART III

BANK ACCOUNTS AND AUDITING

55. Bank accounts and signatories…………………………………………...16

AUDITING

56. Appointment of the auditor………………………………………………16

57. Accounts and records during auditing…………………………………….16

58. Independency of the auditor……………………………………………...17

PART IV

CONSTITUTIONAL AMMENDMENTS AND DISSOLUTION

59. Powers to amend the constitution…………………………………………17

60. Dissolution………………………………………………………………..17

61. Distribution of Assets after dissolution……………………………………..17

CHAPTER SIX

MISCELLANEOUS

RESOLVING CONFLICTS

62. Resolving conflicts…………………………………………………………17

COMMON SEAL AND LOGO

63. Common seal and signatories………………………………………………17

64. Usage of the organization logo……………………………………………...18

COMENCEMENT DATE

65. Commencement of this constitution…………………………………………18

CHAPTER ONE

PART I

PREAMBLE, SHORT TITLE AND ADDRESS

PREAMBLE

WHEREAS Tanzania being a democratic country adhering to the principles of justice and equality find hard to educate the majority which are mostly having no legal education on how they can approach the legal entities and enforce their rights, we founder members of the organization found and believe that through establishment of Non-governmental organization which would provide legal aid for the society, the majority of the society would be served and educated on how the legal system works and how and where they can approach to enforce their rights as provided by the Constitution of the United Republic of Tanzania and other International Conventions and Declarations. Having this organization the society would be ensured with the favorable environment to justice, equality before the law, good governance and the effective enforcement of basic human rights. For this purpose, we founder members agreed that;

There shall be a Non-Governmental organization by the name JUSTICE FOR ALL LEGAL AID CENTRE and the short title of the afore established organization shall be JULAC.

The head office of the established organization shall be located at Mafinga town in the United Republic of Tanzania bear the postal address P.O Box 328 Mafinga, Iringa.

PART II

STATUS AND OBJECTIVES

JULAC shall be a Non-governmental organization registered under the relevant laws of the United Republic of Tanzania and shall operate within Iringa Region.

The organization shall have the status of doing anything within the ambits of law for the purpose of advancing the objectives of the organization; provided that the objects of the organization shall NOT extend to putting up or supporting any candidate for any government or local authority, or elections which would make it a political party within the meaning of laws relating to political parties.

OBJECTIVES

The main objectives of the organization shall base on;

(1) Reducing and eliminating the infringement of human rights to the society;

(2) Advising and assisting people on matters concerned with law;

(3) Providing education to needy people whom they have got no legal education;

(4) Conducting research on matters of law and human rights and trying to find solutions of the issues that may arise from those researches;

(5) Offering legal assistance to prisoners with no ability to afford services of an advocate in terms of appeal procedures and proceedings;

(6) Conducting various public meeting and seminars in society on legal matters, but not limited to basic human rights, social-economical and political rights;

(7) Implementing and spreading the idea that women, children and disabled people are the vulnerable groups in our society and that are being provided with legal aid;

(8) Passing legal education to police officers, village chairmen and village executive officers as they seem mostly abusing their powers and infringe people’s rights;

(9) Fighting corruption in the society to ensure that there is no miscarriage of justice so as the majority could receive their important services and legal rights;

(10) Dealing with public interests basing on legal matters to ensure there is social justice in the society.

CHAPTER TWO

PART I

OFFICIAL LANGUAGE AND MEMBERSHIP

The official language of JULAC shall be English and Swahili.

(1) Subject to article 6 of this constitution, clients may be heard and communicated by their native languages if found not competent with English or Swahili languages.

MEMBERSHIP

Membership to organization shall be open to individual persons and legal person being national or international which are interested in equitable legal activities of this organization.

Membership to the organization shall be by subscription and other regulations as shall be enacted by the general assembly of the organization.

TYPES OF MEMBERSHIP

There share shall be two types of membership to the organization namely;

(1) Founder members being the initiators of the organization

(2) Joining members being the regular joining members of the organization.

QUALIFICATION OF MEMBERSHIP

To be a member to the organization a natural person being national or international shall posses the following qualifications;

(1) Must be of sound mind.

(2) Must have attained the age of majority according to his/her nationality.

(3) Must have paid the membership fee.

(4) Must have agreed to comply with the rules and principles of the organization.

For a Legal person being national or international to be a member to the organization shall posses the following qualifications;

(1) must be registered under the relevant laws of the origin country;

(2) must have paid the membership fee

(3) must not engage in any case to politics to make its status same as political party.

(4) must have agreed to comply with the rules and principles of the organization.

PART II

RIGHTS AND DUTIES OF MEMBERS

A member to the organization shall have the right

(1) To vote in the general election and other elections in the organization;

(2) To be provided with the reports of progress of programs conducted by the organization

(3) To communicate his/her views to the general assembly and the secretariat on how the organization should run and achieve the goals.

(4) To be provided with the financial reports on incomes and expenditures.

(5) To advice on good strategic plans, that will develop the organization

DUTIES

A member to the organization shall have the duty

(1) To report any human right infringement he/she observed,

(2) To report of any corrupt activities within the jurisdiction of the organization,

(3) To report any leader of the organization acting contrary to organization objectives, constitution or engaging in any corrupt activities or acting ultra vires.

(4) To engage in programs prepared by the organization.

(5) To pay fees as prescribed in article 14 and 15 of this constitution.

(6) To defend the constitution of the organization

PART III

DENIALS AND CESSATION OF MEMBERSHIP

Membership to the organization shall cease upon the occurrance of any of the following

(1) death or insanity of a member

(2) violation of the constitution

(3) written resignation by a member;

(4) two-third vote of the Executive committee to deny or cease the membership;

(5) If a member is deregistered according to the laws of

Tanzania

in case a member is an organization.

Subject to Article 14 sub-article (5) the two third vote of the general assembly shall overrule the two third vote of the executive committee.

PART IV

FEES

There shall be the joining membership fees and the annual fees.

(1) The joining membership fee for founder member shall be fifteen thousand Tanzanian shillings (15,000/= Tshs);

(2) The joining members membership fee shall be ten thousand Tanzanian shillings (10,000/= Tshs);

(3) And the annual fee for founder members and joining members shall be ten thousands Tanzanian shillings (10,000/= Tshs).

The general assembly shall have the power to set other contribution as the organization may need and seem fit for running its program without affecting the general purpose of the organization.

CHAPTER THREE

PART I

ORGANS OF THE ORGANIZATION

The organs of the organization shall be the Board of Directors, the General Assembly, the Executive committee and the Secretariat.

BOARD OF DIRECTORS

The board of directors shall consist personalities not less than 9 in numbers within them including;

(1) the Executive Director

(2) Deputy Director

(3) Treasurer

(4) Secretary General

The board of directors shall have the duty

(1) to orient the organization reports, its performance and giving directions;

(2) to advice on good strategic plans that will develop the organization;

(3) to help in rising funds of the organization through contributions;

(4) to help find donors and create different financial plans to run the organization.

GENERAL ASSEMBLY

The general assembly established under article 9 of this constitution shall

(1) Be the ultimate decision making body of the organization and shall be composed of all members of the organization;

(2) Consist of all members of the organization but not limited to invited person(s);

(3) Have regular general meetings to receive reports and review the progress of the organization’s programs. And shall pass all regulations prepared by the executive committee;

(4) Be the only to pass all regulations prepared by the executive committee and enacted by the general assembly it self;

(5) The two third vote of the general assembly shall allow or deny any matter discussed in the general assembly;

(6) Invited members to general assembly shall not be eligible to any vote.

THE EXECUTIVE COMMITTEE

The executive committee shall consist of the executive personnel.

(1) The executive committee shall be complete consisting the following;

(i) the Executive Director

(ii) the Deputy Director

(iii) the Secretary General

(iv) Treasurer

(v) Any other founder member

RESPONSIBILITIES OF EXECUTIVE COMMITTEE

The executive committee shall be responsible to;

(1) direct and oversee the implementation of the strategies and objectives of the organization;

(2) make all final proposals regarding program activities, budget and expenditure to the best interest of the organization;

(3) ensure the views and opinions of all members of the committee are fully and openly articulated.

(4) provide oversight and guidance to the organization secretariat and the Secretary general;

(5) establish committees, directories and other bodies for the proper management of the organization.

(6) do other such lawful things as necessary for the achievement of the goals and objectives of the organization;

(7) draft regulations for implementation of the objects of the constitution but such regulations to affect shall comply with sub article 4 and 5 of article 21.

THE SECRETARIAT

The secretariat shall be the operational body that runs the day to day activities of the organization and report to the executive committee.

(1) It shall operate under the direction of the Secretary General and shall consist of additional staff as shall be appointed or hired by the organization.

(2) The secretariat shall carry out the programs and strategies passed by the executive committee and approved by the general assembly.

The secretariat shall not be used by any of the organization members for personal gain.

PART II

MEETINGS

There shall be annual meetings, extraordinary general meetings and ordinary meetings.

ANNUAL MEETING

The annual meeting shall be the general meeting consist of the general assembly which shall do but not limited to;

(1) evaluate and discuss performance of the organization and of the executive committee in the past operating year;

(2) discuss and deliberate on various policies, and directions for the future;

(3) discuss and deliberate on structural changes in the other organs of the organization, previous agreed upon by the executive committee;

(4) formulate and recommend criteria to be used in the allocation of funds by the organization;

(5) approve or disapprove annual reports, budget, financial report and audited report;

(6) receive approve or disapprove director’s report;

(7) amend, repeal or enact the Constitution.

EXTRAORDINARY GENERAL MEETING

The extraordinary General meeting of the Assembly shall deal with special or extraordinary issues that may occur before the General meeting.

The meeting shall be called by at least twenty one days’ prior notice in writing and shall specify the place, the date, the time and agenda of the meeting.

Notice of special or extraordinary meeting shall be given to every one or being published to the organization blog.

Special or extraordinary meeting shall be conducted only if the 50% of all members are present.

A special or extraordinary meeting, in case the Executive Director is absent or he/she are the one discussed be chaired by any member to the Executive Committee or the Secretary General.

ORDINARY MEETINGS

Ordinary Meetings shall include Executive Committee meetings and other meetings as they shall be established day to day by the General Assembly;

(1) The executive committee meeting shall seat upon the necessity and the members to it seem feat.

(i) All minutes of the Executive Committee meetings shall be made public at the discretion of the Executive Committee or the decision of the General Assembly.

(ii) The Executive Committee and the Secretariat shall conduct an annual review, evaluation and reporting of the organizations activities and accomplishments during the Annual General Meetings.

(iii) The Executive Committee shall be chaired by Executive Director and the secretary general shall act as the secretary to executive committee meetings.

(iv) The secretary to the executive committee shall keep records of any vote taken, record attendance and take minutes of the meeting.

CHAPTER IV

ADMINISTRATION AND MANAGEMENT.

PART I

OFFICE BEARERS

The office bearers of the organization shall be the Director, the Deputy Director, General Secretary and the Treasurer.

THE EXECUTIVE DIRECTOR

There shall be the office of the Executive Director of the organization.

The Executive Director shall be appointed by the majority vote of the General Assembly and will hold office for a term of four years and, upon retirement shall be eligible for re-election.

In the absence of the Executive Director and deputy-director the Executive Committee shall appoint person to fill the vacancy.

Subject to the other provisions of this constitution, the office of the Executive Director shall be vacated by;

(1) Written resignation of the Executive Director;

(2) Death or insanity of the Executive Director;

(3) Disqualification of the Executive Director from holding the office in accordance with the provisions of this constitution;

(4) Suspension, impeachment or dismissal from office by the Executive committee;

(5) Two third vote of No confidence by the General Assembly;

(6) Any other event or occurrence that may lead to the office of the Executive Director to be vacant.

DEPUTY DIRECTOR

There shall be the office of Deputy Director of the Executive Committee.

The Deputy Director shall be appointed by the majority vote of the General Assembly among the members and shall hold the office for the term of four years and, upon retirement shall be eligible for re-election.

The Deputy Director shall be the principal assistant to the Executive Director in respect of all matters concerning the Executive Committee in the event of the absence of the Executive Director.

Subject to the other provisions of this constitution, the office of the Deputy Director shall be vacated as provided under sub-article (1), (2), (3), (4), (5) and (6) of article 38 of this constitution.

THE SECRETARY GENERAL

There shall be the office of the Secretary General headed by the Secretary General and other persons as par article 24 sub-articles 1 of this constitution.

The Secretary General shall be appointed by the Executive Director among the Organization members.

Among other functions the Secretary General shall be responsible for the maintenance of all documents and records and shall report to the General Assembly and the Executive Committee.

(1) The Secretary General shall be responsible for the execution and coordination of activities, programs and plans of the organization.

(2) The Secretary General shall be responsible to take notes, minutes or record speeches of the General Assembly and Executive Committee meetings.

(3) The Secretary General shall submit quarterly written progress reports to the Executive Committee for review.

(4) The Secretary General shall be responsible for coordinating the organization’s representation at invitation events, and may be called upon to represent the organization in absence of the other Executive Committee members.

THE TREASURER

There shall be the office of the Treasurer who shall serve as the Treasurer of the organization.

The treasurer shall be appointed by the members through General Assembly and shall hold of the office for the term of four years, and upon retirement, shall be eligible for re-election.

The treasurer shall;

(1) Be the chief financial and accounting officer of the organization and the Executive Committee; be the custodian of all financial records and books of accounts of the Organization.

(2) Keep proper books and records with respect to all sums of money received and expended by the organization and maintain a record of the assets and liabilities of the Organization.

(3) Be responsible for the General Assembly and the Executive Committee and ensure that the accounts are prepared and that they reflect a true and accurate position of the Organization’s financial position;

(4) Be responsible for the preparation of financial budgets for presentation to Executive Committee and approval by the General assembly;

(5) Be responsible for the issuance of the organization’s financial reports and statements as and when required;

(6) Make reports on the financial position of the organization to the General Assembly or the Executive Committee when called upon; and perform such duties as shall be assigned from time to time by the General Assembly or the Executive Committee.

CHAPTER FIVE

SOURCES OF FUNDS AND FINANCIAL ADMINISTRATION

PART I

SOURCES OF FUND

The following but not limited to; shall be the sources of funds for the organization;

(1) Membership fees

(2) Annual fees

(3) Contribution

(4) Grants and aids and

(5) Donations

(6) Projects

Subject to sub-article (1) and (2) of article 53; grants, aids and donations shall be from local or international donors being natural persons or legal persons.

PART II

FINANCIAL ADMINISTRATION

Received or generated by the organization shall be applied to the activities of the organization and not otherwise.

The secretariat shall prepare an appropriate annual budget that will be approved by the Executive Committee. The budget shall make a provision of the estimated expenditure of the organization for the relevant financial year and provide for reserve funds to cater for any contingent liability.

No expenses shall be incurred for the purposes of any activity except in accordance with the annual budget or in any other except in accordance with the annual budget or in any other circumstances for which authorization has been given by the Executive Committee or the General Assembly.

A copy of the auditors report shall be served to all persons entitled to attend the Annual General Meeting not less than seven days before the date of the meeting.

PART III

BANK ACCOUNTS AND AUDITING

The organization shall operate bank account(s) and the signatories shall be the Director, Treasurer and the Secretary General.

(1) Any transaction will require two of the above signatories signing jointly.

(2) The books of accounts shall be kept at registered office or head office of the organization or at such place or places as the Executive Committee may deem fit, and shall always be open to the inspection by the members.

AUDITING

The Executive Committee shall in every year recommend to the General Assembly for appointment a reputable audit firm to act as the external auditor to conduct an audit of the organization’s financial records annually and submit to the General Assembly an annual audit report in writing.

The organization accounts, records and documents shall be availed for inspection by the auditor during audit.

The auditor shall remain an independent party and the audit report issued by the auditor shall be made public.

PART IV

CONSTITUTIONAL AMENDMENTS AND DISSOLUTION

This constitution shall only be altered by the General Assembly as following;

(1) by passing a special resolution at a general meeting;

(2) the meeting shall be called by at least twenty one days, notice in writing.

(i) the notice shall specify the place, the date and the time of such meeting and shall specify the particulars of the article to be amended, repealed, enacted or added.

(3) for the purposes of amending, repealing, enacting or adding any article of or to this constitution, the special resolution will be passed by the two third majority of the votes of the members present and the entitled to vote at the General Assembly Meeting.

(i) the quorum to alter constitution shall be 15% of the General Assembly.

DISSOLUTION

Upon dissolution of the organization, the Executive Committee shall supervise the cessation and the disposal of the liabilities.

Assets of the organization shall be distributed to other organizations with similar objectives to facilitate the organization goal.

CHAPTER SIX

MISCELLANEOUS

RESOLVING CONFLICTS

In any case the conflicts or contradictions arise in this organization, shall be reserved through its meetings and in case of failure to solve within the organization the matter shall be taken to the arbitrator whom shall be the final decision maker.

COMMON SEAL AND LOGO

The organization shall have the common seal that shall bear the name JUSTICE FOR ALL LEGAL AID CENTRE.

(1) The common seal shall be signed by the Executive Director, or other duly authorized officer on behalf.

(2) The custodian of the Common seal shall be the Secretary General whom shall keep a record of the use of the common seal.

The logo of the organization shall be used only for the organization day to day activities and to all letters bares the organization address and not for personal use or otherwise.

(1) the logo of organization shall bear the name JUSTICE FOR ALL

COMMENCEMENT DATE