JORETA Our Constitution

1. Name

1.1 The Association hereby constituted shall be called the Johannesburg Retired Teachers Association, hereinafter referred to as JORETA or the Association.

1.2 The Association was founded in 1989.

1.3 The Association’s registration number 080-259 with the Department of Social Development.

2. Legal Status

• 2.1 Be a voluntary association not for gain;
• 2.2 Exist in its own right, separately and independent from its members and/or officers;
• 2.3 Continue to exist even when its members and/or officers including (but not limited to) its office bearers and/or members of the council change;
• 2.4 Be able to own property and/or other possessions;
• 2.5 Be capable of entering into contracts and any similar activity as a separate legal person and be able to sue and be sued in its own right;
• 2.6 It shall be registered as an Association not for profit in terms of the Non-Profit Organisations Act 71 of 1997.

3. Vision

JORETA is an association of retired educators that cares and supports its members to militate against the social, economic and cultural alienation experienced as a result of retirement and old age.

4. Mission

The mission of JORETA is to promote social cohesion, care and support among its members.

5. Aims and Objectives

1. 5.1 To create a measure of financial independence of the Association by investing its funds in selected non-speculative investments;
2. 5.2 To address the social needs and welfare of its members;
3. 5.3 To contribute financially to the bereaved families of its members;
4. 5.4 To encourage members to engage in activities that promote physical, spiritual and mental fitness;
5. 5.5 To organise skills training and education in disadvantaged areas to empower local communities;
6. 5.6 To liaise with other existing old persons’ organisations/associations locally, nationally, and internationally;
7. 5.7 To constantly update members on current information pertinent to their rapidly changing socio-economic circumstances;
8. 5.8 To act as an advisory and consultative body on matters of education;
9. 5.9 To provide skills development, psycho-social and educational support to the youth;
10. 5.10 To offer assistance in community programs and projects;
11. 5.11 To network with similar groups, government departments, organizations, private organisations and persons to achieve the above objectives;

6. Values

JORETA shall subscribe to the following values: transparency, accountability, loyalty, care and integrity. The Council and the entire membership shall operate within these set values.

7. Association

For the purpose of effective co-ordination and order, the Association shall be organized as follows:

7.1 Council

At the apex level, the Association shall be governed by a Council constituted as follows:

1. 7.1.1 The Council shall be constituted by members of the Association who shall have been elected by Areas;
2. 7.1.2 Members from the Areas referred to in 7.1.1 shall be the Chairperson and Secretary from each Area inclusive of the General Executive Committee;
3. 7.1.3 The General Executive Committee member shall comprise of
   1. the general chairperson;
   2. the general deputy chairperson;
   3. the general secretary;
   4. the general assistant secretary; and
   5. the general treasurer.

7.2 General Executive Committee

The General Executive Committee shall run the daily affairs of the Association as mandated by Council and prepare reports for the latter on a quarterly basis.

7.3 Area Executive Committees

At the Area level, the respective executive committees (chairpersons, deputy chairpersons, secretaries, assistant secretaries, and treasurers) shall manage the daily needs of their Areas and liaise with the General Executive Committee as and when the need arises.

7.4 Subcommittees

1. 7.4.1 The following subcommittees will assist the executive committees in their respective Areas and at Mother-Body level within their specialized areas of operation in the running of the Association: FINCOM, Bereavement, Hospitality, Culture, Tourism, Editorial, Wellness, and Disciplinary;
2. 7.4.2 The respective Area executive committees shall have the power to, from time to time, appoint subcommittees, in furtherance of the vision, mission, and objectives of the Association.

7.5 Office Bearers’ Term of Office

The term of office for office bearers shall be three (3) years. Office bearers retiring at the end of their term shall be eligible for re-election for another term of three years. No member shall, however, be re-elected after serving the Association for two (2) terms.

7.6 Resignation, Disqualification, and Removal of Office-Bearers

1. 7.6.1 An office-bearer shall resign for any reason from office in writing by submitting their resignation to the Chairperson and/or the Secretary of the Association.
2. 7.6.2 An office–bearer shall be removed from office/relieved of their duties for the following reasons: malfeasance, incapacity, sequestration/insolvency, illness and/or senility.
3. 7.6.3 The removal of an office–bearer shall be effected by a resolution passed by 50 percent plus one (1) of the Area and/or Council.
4. 7.6.4 The office bearer so removed shall adhere to the resolution as soon as it shall have been passed.
5. 7.6.5 If an office bearer does not attend three meetings in a row, without having applied for and obtaining leave of absence from the Council, then the Council shall find a new member to take that person’s place until such time that a new appointment or election is made.
6. 7.6.6 The General Executive Committee may, by resolution passed at a meeting thereof, terminate or suspend the membership of any member if, in its opinion, his/her conduct is prejudicial to the interests and objectives of the association, PROVIDED THAT the individual member or representative of the member (as the case may be) shall have the right to be heard by the Council before the final decision is made.
7. 7.6.7 There shall be a right of appeal to an independent arbitrator appointed by mutual agreement failing which the chairman of the Arbitration Foundation of South Africa shall have the right to appoint the arbitrator.

7.7 Vacancies

Where a vacancy in any of the positions at Council or Committee level arises for any reason whatsoever including force majeure, the remaining members of Council shall inform the general membership of such vacancy and call for nominations to fill such vacancy within a period of six (6) weeks. The remaining members shall co-opt in the interim a member of good standing who shall act in the vacant position until such time Council shall have filled the vacancy.

8. Meetings of the Association

8.1 Tri-annual Conference

1. 8.1.1 Members shall hold an elective conference every three (3) years for the primary purpose of electing office bearers.
2. 8.1.2 The elective conference shall direct the Association with regard to policy and program activities that shall be undertaken by the Association.

8.2 Annual General Meetings

1. 8.2.1 All levels of the Association shall hold an Annual General Meeting (AGM) for the purpose of presenting activity and Association status reports, including the receipt and approval of Annual Financial Statements and the appointment of Auditors, as well as the recommendation of policies for the smooth functioning of the Association. Such AGMs shall be held at least 3 months after the closing of the operational year of the Association.
2. 8.2.2 To avoid overlapping and to ensure efficiency, the respective Areas shall hold their annual general meetings at least 6 (six) weeks after the holding of Association’s main AGM by its general membership.

8.3 General Meetings

Members shall hold monthly general meetings up to November of each year to receive updates on the status of Association and related matters.

8.4 Area Meetings

Members at the Area level shall hold monthly meetings up to November of each year to run the affairs of the Association on their selected dates at the convenience of Area members.

8.5 Council Meetings

The Council shall hold four (4) meetings per annum, each per quarter, to consider policy recommendations and to receive reports on progress or otherwise achieved by the Association and act as an advisory body to the General Executive Committee.

8.6 General Executive Committee Meetings

The General Executive Committee shall hold monthly meetings to consider reports on the operations of the Association and its committees and act as an advisory body to its committees as well as prepare reports and policy recommendations to Council.

8.7 Committee Meetings

All other committees of the Association shall hold meetings once a quarter and as sanctioned by the council to run the affairs of the Association competently and efficiently.

8.8 Special Meetings

The Council and/or Areas can call special meetings as and when it is necessary to do so.

9. Quorum

1. 9.1 A quorum for all meetings of the Association shall be a simple majority of 50 percent +1 member.
2. 9.2 If, however, a quorum is not present within 30 minutes of the appointed time of the meeting, the meeting shall be adjourned or postponed to another date, within fourteen days thereafter.
3. 9.3 If no quorum is present at the reconvened meeting within 30 minutes of the appointed time, the members present shall be regarded to make up a quorum for that meeting, and the meeting will continue as if a quorum is present.

10. Management of Meetings

1. 10.1 Where members of the meeting quorate but the Chairperson and/or deputy Chairperson is absent, or late for whatever reason, the meeting shall not begin for at least thirty(30) minutes. Thereafter members of the meeting shall elect one of them to chair the meeting.
2. 10.2 The Chairperson of the meeting shall conduct the meeting in accordance with best practice and recognized rules of meeting procedures.
3. 10.3 Members of the meeting shall assist the Chairperson in achieving the objectives of the meeting by contributing their ideas and opinions to the meeting in a positive and constructive manner.
4. 10.4 The Chairperson assisted by the Secretary shall issue the notice for the meeting and determine and distribute the agenda of the meeting to the members at least 4 (four) days prior to such a meeting to ensure that members have a reasonable time to prepare for such a meeting.
5. 10.5 Members attending a meeting shall sign an attendance register at the beginning of the meeting.
6. 10.6 Additional items to the Agenda shall be added at the beginning of the meeting.
7. 10.7 All members of the meeting shall declare any conflict of interest that they shall have at the beginning of the meeting and sign the requisite declaration of interest register.
8. 10.8 Where for any reason the agenda of the meeting cannot be completed, the Chairperson with the concurrence of members shall adjourn the meeting for a future date which shall not be more than three weeks from the date of the adjourned meeting.
9. 10.9 The Chairperson of the meeting shall have the authority to evict a member from the meeting where such member is acting in an unreasonable and disruptive manner after being given 3 verbal warnings to cease and desist from his/her unreasonable and disruptive behavior.
10. 10.10 Proper minutes and attendance records must be kept for all meetings of the Association.
11. 10.11 The minutes shall be confirmed as a true record of proceedings by the next meeting of the Council, or of general members as the case may be, and shall thereafter be signed by the Chairperson.
12. 10.12 Minutes shall thereafter be kept safely and always be on hand for members to consult.

11. Decision-Making at Meetings

1. 11.1 Where possible, the decisions of the Association shall be taken by consensus. However, when there is no consensus, then members will discuss options for a while and then call for a vote.
2. 11.2 All votes shall be counted, and the majority votes (50% +1) on an issue shall be regarded as the decision of the meeting.
3. 11.3 However, if opposing votes are equal on an issue, then the chairperson in that meeting has either a second or a deciding vote.
4. 11.4 All members must abide by the majority decision.
5. 11.5 Decisions concerning changes to this constitution, or of dissolution and closing down of the Association, shall only be dealt with in terms of Articles 21 and 23 of this constitution.

12. Election and Voting Procedures

Area members shall submit to Council a list of nominations for positions to be filled at the Elective Conference, and the voters’ roll shall be verified and audited for the purpose of elections.

The election of office bearers shall follow the procedures described hereunder:

1. 12.1 The election of office bearers shall occur after every three years.
2. 12.2 Office bearers shall be nominated from Area members.
3. 12.3 The membership record shall be used as the election conference voters roll.
4. 12.4 The voters roll shall be verified and audited for the purpose of elections.
5. 12.5 Nominated members shall be members in good standing and shall sign an undertaking in this regard.
6. 12.6 Nominated members shall sign an acceptance form to prove that they have agreed and accepted their nomination for the position they have been nominated to. However, force majeure may apply; i.e. unforeseen circumstances that hinder the member from fulfilling the contract.
7. 12.7 The Council shall before the election appoint from its members, electoral officers who will conduct the election of office bearers or shall appoint the Electoral Commission or any other body competent at running elections to conduct the elections of the Association.
8. 12.8 To avoid a conflict of interest, a member shall be disqualified or requested to resign as an Electoral Officer in the event that such a member is nominated to contest the elections of office bearers.
9. 12.9 The Electoral Officers or the Electoral Commission shall prepare and make available to the voting conference the nomination list/ballot paper of candidates for each position on the day of elections.
10. 12.10 Voting shall be by secret ballot.
11. 12.11 Area members in attendance at the Elective Conference shall select amongst themselves one member, who is not contesting the election of office bearers to observe the counting of votes.
12. 12.12 Any disputes arising out of the counting of votes shall be referred to the Electoral Officers to resolve.

13. Membership

1. 13.1 A person shall qualify to be a member of the Association on the basis of the following terms and condition of membership:
• 13.1.1 on application for membership within twelve (12) months of retirement as an educator in the district of Johannesburg and presentation of proof of the date of retirement from the Department of Education;
• 13.1.2 on completion of a six months continuous probation period;
• 13.1.3 on payment of the prescribed non-refundable registration and annual subscription fee as determined by the Association from time to time; and
• 13.1.4 on being of retirement age, i.e. between 55 and 65 years as prescribed by law.
2. 13.2 A member shall remain a member in good standing if they meet all the conditions of membership and continue to uphold the values and standards of the Association and participate actively in it.

14. Benefits of JORETA Membership

The following intrinsic and extrinsic benefits shall subsist to the membership of JORETA, amongst others:

• 14.1 Self-fulfillment/aggrandizement associated with participation in the conduct of good causes;
• 14.2 Discounted tourism, cruise, and other events;
• 14.3 Negotiated JORETA pensioners’ discounted products and services;
• 14.4 Participation in JORETA cultural, music, and related events;
• 14.5 Bereaved members’ family financial and emotional support;
• 14.6 Professional retirement and investment advice.

15. Role and Functions of the Council

The Council shall exercise the following authority and powers for and on behalf of the Association:

1. 15.1 determine the powers and functions of office bearers;
2. 15.2 act as an advisory and support structure to the Executive committee;
3. 15.3 maintain high standards of governance, transparency, and accountability as articulated in the values of the Association in Article 6 above;
4. 15.4 ensure that Associational policies are implemented and adhered to;
5. 15.5 responsible for Associational planning and development;
6. 15.6 ensure that procedures are in place for the careful management of the Association’s resources and programs;
7. 15.7 promote and uphold the image of the Association;
8. 15.8 establish a reliable and sustainable support base for the Association;
9. 15.9 raise funds, make investments or invite and receive contributions;
10. 15.10 buy, hire or exchange for any property that it needs to achieve its vision, mission, and objectives;
11. 15.11 make by-laws and rules for the proper governance and management of the Association;
12. 15.12 form sub-committees as and when necessary for the proper functioning of the Association;
13. 15.13 set powers of delegation in respect of expenditures at the different levels of the Association;
14. 15.14 settle disputes in relation to matters affecting the Association; and
15. 15.15 overseer and supervise the performance of its office-bearers in fulfilling their functions.

16. Roles and Functions of Office-Bearers

16.1 Chairperson

• 16.1.1 preside over meetings in accordance with best practice and the rules of procedure and has the right to veto;
• 16.1.2 convene, with the assistance of the Secretary, the meetings of the Association;
• 16.1.3 be responsible for the smooth running and functioning of the Association and report to other members of the executive and the Council; and
• 16.1.4 promote and market the Association to its members and other stakeholders.

16.2 The Deputy Chairperson

• 16.2.1 act in the place of the chairperson in his/her absence and/or if asked by the chairperson to do so; and
• 16.2.2 exercise all powers of the chairperson where the chairperson is, for whatever reason, absent or unable to exercise his/her powers.

16.3 The Secretary

• 16.3.1 record and keep correct minutes of the Association. Such minutes shall be signed by the chairperson for record keeping after approval at a duly constituted meeting;
• 16.3.2 keep a register of all members of the Association and preserve all documents;
• 16.3.3 facilitate, organise and manage events of the Association;
• 16.3.4 be responsible for the preparation and electronic record keeping of all membership forms and records;
• 16.3.5 deal with all correspondence of the Association, and
• 16.3.6 inform the Areas of all decisions taken by the Executive and Council to ensure that such decisions are carried out;
• 16.3.7 preparation of the consolidated reports of the Association;
• 16.3.8 promote and market the Association to its members and other stakeholders.

16.4 Assistant Secretary

• 16.4.1 perform such duties as are delegated to him/her by the secretary and/or the Executive Committee;
• 16.4.2 perform all functions of the Secretary during his/her absence.

16.5 Treasurer

• 16.5.1 receive and bank monies of the Association at the designated commercial bank in accordance with the directives of Council;
• 16.5.2 keep accurate accounts of income and expenditure and submit reports to the Executive and Council whenever required to do so;
• 16.5.3 keep a set of books supported by the receipts for auditing purposes in terms of the constitution;
• 16.5.4 present a financial report / statement of the Association quarterly to the Council and annually at the Annual General Meeting;
• 16.5.5 keep the records of the property / inventory of the Association;
• 16.5.6 convene and chair the Finance Committee; and
• 16.5.7 be responsible for overseeing the raising of funds and other in-kind resources to build the Association.

16.6 Area Committee Chairperson

The Area Committee Chairperson shall be responsible for, though not limited to:

• 16.6.1 organizing all the major activities and programs of the Association;
• 16.6.2 updating and orientation of new members to the Association;
• 16.6.3 The support and advising of Area Committees with respect to the procedures of the Association.

17. Remuneration of Office-Bearers

1. 17.1 Office-bearers shall not be remunerated for their work as office-bearers save for reasonable expenses that they shall incur in carrying out the work of the Association, including reasonable reimbursement of travel expenses and meals as approved by the policy of the Association.
2. 17.2 The Association shall not pay any dividends and/or shares to any member and/or office-bearer as compensation of any kind.

18. Finances and Reports

1. 18.1 Sources of income for the Association shall come from but shall not be limited to annual subscriptions, bereavement replacement funds, donors, registration of new members as well as from investment and bank interest.
2. 18.2 A qualified Auditor and/or a professional accountant shall be appointed at the Annual General Meeting. The Auditor’s duty shall be to audit and check the reliability of the finances and accounting systems of the Association.
3. 18.3 The Treasurer and the Finance Committee (Fin-com) shall be responsible for the development and implementation of the finance policy which shall promote a sound financial management system.
4. 18.4 The Finance Committee shall be responsible for planning and development of the proper keeping of the financial records, preparing budgets and annual estimates for the ensuing year.
5. 18.5 The Treasurer shall meet quarterly with Area treasurers with a view to supervising the maintenance of good financial management and putting into effect the implementation of proper financial systems.
6. 18.6 Financial Report / Statement or Audit Report shall be presented at an Annual General Meeting and/or as when the Council so directs.
7. 18.7 All funds accrued from area subscriptions shall be transferred to the main account by the end of March of each year.
8. 18.8 The financial year-end of the Association shall be 31 March of each year.
9. 18.9 The Association’s audited accounts and reports shall be ready for submission to the Director, Department of Social Welfare and Development within (6) six months after the financial year-end.

19. Signatories

1. 19.1 There shall be three signatories to all the accounts of the Association, namely, the chairperson, treasurer, and secretary;
2. 19.2 Whenever funds are withdrawn any two of the afore-said signatories shall sign;
3. 19.3 The Secretary shall prepare all requisitions for expenditure and the treasurer shall authorize such requisitions before payments are effected.

20. Income and Property

1. 20.1 The Association shall keep a record of everything it owns.
2. 20.2 The Association may not give any of its money or property to its members and/or office bearers.
3. 20.3 The only time it can do this is when it pays for work that a member or officer bearer has done for the Association in good faith. The payment must be a reasonable amount for the work that has been done.
4. 20.4 A member or office bearer can only get money back from the Association for expenses that she or he has paid for or on behalf of the Association, and for which authorization has been granted. The Council or members of the Association do not have rights over things that belong to the Association.
5. 20.5 The activities of the Association are carried on in a non-profit manner and with an altruistic or philanthropic intent.
6. 20.6 No activity will directly or indirectly promote the economic self-interest of any member or office bearer of the Association otherwise than by way of reasonable remuneration.
7. 20.7 The funds of the Association will be used solely for the objects for which it was established.
8. 20.8 No funds will be distributed to any person (other than in the course of undertaking any public benefit activity).
9. 20.9 The Association will not be a party to or does not knowingly permit, or has not knowingly permitted, itself to be used as part of any transaction, operation, or scheme of which the sole or main purpose is the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would have become payable by any person under this Act or any other Act administered by the Commissioner.
10. 20.10 No resources will be used, directly or indirectly, to support advance or oppose any political party.
11. 20.11 No remuneration will be paid to any employee, office bearer, member or other person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered and has not and will not economically benefit any person in a manner which is not consistent with its objects.

21. Amendments of the Constitution

This constitution shall be amended by special resolution at a conference and/or special meeting of members constituted for this purpose.

1. 21.1 Proposals for amendments of the constitution shall have the approval of a two-third majority of Area members across the Association.
2. 21.2 Such proposals for amendments shall be submitted to the Executive Committee at least two(2) months before a meeting is convened to consider the proposed amendments.
3. 21.3 The Executive Committee shall notify the Council of the proposed amendments within one month of receipt of such proposals.
4. 21.4 The Council shall table the proposed amendments at the AGM for adoption.
5. 21.5 The amendments to the constitution shall be due and valid once approved by the special meeting AGM constituted for this purpose.

22. Indemnity and Limitation of Liability

1. 22.1 Subject to the provisions of any relevant law, members, office-bearers or appointed delegates of the Association shall be indemnified by the Association for all acts done by them in good faith on its behalf provided that such acts do not arise as a result of their neglect in the exercising of their duty of care, diligence and skill as required in law.
2. 22.2 No member of staff, person or contractor is liable for any damages arising from and/or during the performance of their duties, or from any recommendation that is given in good faith and submitted to the Association including (but not limited to) all levels of the Association.

23. Dissolution

In the event that the Association is dissolved for any reason whatsoever,

1. 23.1 The Council shall convene a special meeting to consider the dissolution of the Association;
2. 23.2 The notice of the dissolution meeting stating the reason for dissolution shall be issued at least three (3) months in advance to members of the Association;
3. 23.3 At least two-thirds of the members present representing all Areas at such a meeting can resolve to dissolve the Association;
4. 23.4 All the assets of the Association after payment of all liabilities of the Association shall be donated to a similar or other non-profit-making association;
5. 23.5 The Department of Social Development or its successor in title shall administer the donation of the remaining assets of the Association.

24. Disputes

In the event of any disputes arising out of this constitution by any members of the Association, the following dispute procedure will be followed:

1. 24.1 A member shall declare the dispute by submitting a formal written notice to the Executive Committee clearly stating the nature of the dispute.
2. 24.2 The Executive Committee shall sit within two (2) weeks to consider the nature of the dispute and attempt to resolve it.
3. 24.3 In the event that the Executive Committee is unable to resolve the dispute, the Executive Committee and the disputing party shall refer the dispute to the Council.
4. 24.4 In the event that Council is unable to resolve the dispute amicably, the parties shall agree to refer the matter to a Mediator.
5. 24.5 In the event that the Mediator is not able to resolve the matter amicably the Mediator shall refer the matter to the chairman of Arbitration Foundation of South Africa to appoint an Arbitrator whose decision shall be final and binding.
6. 24.6 Where the party has referred the matter to an Arbitrator, the parties shall agree to the sharing of costs of arbitration but the successful party shall be entitled to request a cost order against the losing party.

25. Review and Approval of the Constitution

This amendment of the Constitution was approved on the _27th day of the month of _September___ in the year _2022___ by members of the Association at the Annual General Meeting held at _Dlamini Multipurpose Hall – Soweto.

Signed by:

Date: 31/08/2023