Friday, February 24, 2017

STES DE NECKER FOUNDATION - CONSTITUTION AND ARTICLES OF ASSOSIATION




STES DE NECKER FOUNDATION    


CONSTITUTION AND
ARTICLES OF ASSOSIATION






DESCRIPTION

The STES DE NECKER FOUNDATION (herein after called “The Foundation”, “THE FOUNDATION”, “Foundation”), is a non-profit, apolitical voluntary organisation (NPO) established in terms of the provisions of common law of South Africa as a “Registered Non-profit Organisation”.

The Foundation is a voluntary association of persons established for a common “public purpose”
It does not distribute income or property to members or officers except for "reasonable compensation for services rendered"

It is not "an organ of state"
The Foundation has a distinct  independent of its founder.
To this end The Foundation is a “universitas” meaning that it:
  1. is structured to continue as an entity notwithstanding a change in membership;
  2. it is able to hold property distinct from its members; and
  3. no member has any rights, based on membership, to the property of the association.
FOUNDER

The founder of The Foundation is Stefanus Ignatius de Necker, adult male and citizen and resident of the Republic of South Africa with National Identity Number 47040450290829.

REGISTERED ADDRESSThe registered address of The Foundation is:

P.O. Box 28543
Danhof
9310
Bloemfontein
Free State Province
Republic of South Africa.
Email Address:  stesdenecker@gmail.com

COMPOSITION

Any adult person, regardless of their nationality, sex, language, colour, religion or creed, who associates with the principles and objectives of The Foundation, can become a member.
No member may be unfairly discriminated against on the basis of any of the abovementioned qualifications.
All recognised legal ‘persona’ like associations, organisations, societies and other groups, are eligible for Associate membership.

AIMS AND OBJECTIVES
The primary objective of The Foundation is to promote equality, dignity, justice and freedom and to oppose and condemn any abuse of these basic rights wherever and in whatever forms it may occur anywhere on the globe.
The Foundation can engage in any lawful activities in pursuit of a legitimate objective, as long as those activities are not for gain and are in line with its founding principles.
    
No member can be held personally responsible for any conduct in pursuit of The Foundation’s objectives provided that such a member acted in good faith and not in delict.

On becoming a member of The Foundation, all members accept and agree to abide by the Code of Conduct and Standards of The Foundation.


COORDINATION AND OVERSIGHT

The Foundation comprises of ordinary members, associate members, councillors and governors.

1. Board of Governors

The Board of Governors are selected members of good standing in their various communities and is responsible to promote the aims and objectives of The Foundation in their various contact circles.

To this end they are responsible to assist in disseminating information about any human rights abuses and malpractices to their various communities and also to the international community at large.

Governors are allowed to correspond and act in the name of The Foundation.

2. Councillors

Councillors are nominated members of good standing wishing to contribute towards ensuring the application of universally sound basic human rights and to bring all instances of malpractices to the attention of The Foundation.

Councillors serve as a very vital link between The Foundation and the international community.

To this end they are responsible to guide and assist all people in their various contact spheres regarding the services rendered by The Foundation.

3. Associate Members

Associate members are legal entities, associations, societies, organizations, groups and legal “persona” who would like to be associated with the aims and objectives of The Foundation.  

All legal entities, associations, societies, organizations, groups and legal “persona” can become Associate Members.

4. Ordinary Members

Anyone, regardless of race, colour or creed who can associate and support the aims and objectives of The Foundation, can become members.

The Foundation’s main objective is to combat all forms of cruelty, inhumanity, women and child abuse, trafficking, prostitution, slavery and all forms of disregard for fundamental basic human rights internationally.

In order to be effective, The Foundation aims to recruit as many members as possible from all walks of life in as many countries as possible.

Working together in unity and cooperation, we can achieve much for the betterment of mankind.


ALOWANCES AND AUTHORITIES OF THE FOUNDATION

As a recognised legal entity, The Foundation can:

1. Enter into contracts and agreements it deem necessary.
2. Acquire fixed and other assets necessary for its functioning and operations.
3. Receive funds from donors and members.
4. Defray administrative costs from funds received.
5. Remunerate members for a specific work or contribution.
6. Appoint staff.
7 Open a Bank Account.
8 Appoint Special Advisors and Consultants.
9. Have its financial records audited by a qualified Chartered Accountant.
10. Litigate in its own name.
11. Form alliances with other platforms that share the same aims and objectives as The Foundation.


SPHERE OF OPERATION

The Foundation operates at National and International level and can, of its own accord or if requested, assist and represent any group, formation or movement affected by human rights malpractices and/or abuses wherever it may occur.

The Foundation will not engage in any personal disputes between individuals.
To this end The Foundation can enter into negations with any Government, the United Nations, the World Bank, the International Monetary Fund, the International Criminal Court and any other authority or authorities, it may deem necessary to engage with in order to achieve peace and reconciliation.

The Foundation can act as Arbitrator in any dispute and can appoint any of its Governors as Arbitrators for this purpose.


LOGO

The only officially approved logo of The Foundation is as indicated below and only The Foundation has ownership and copyright thereof. Unauthorised use of The Foundation’s logo is strictly prohibited.



ANNEXURE A
Code of Conduct and General Standards


CODE OF CONDUCT AND STANDARDS

CREED

There are many evils in this world. It is The Foundation’s main objective to protect the world against these evils.

CODE

1. Governors and Councillors of The Foundation will execute their duties and perform their functions in the most noblest and honourable manner, to the best of their abilities at all times and not allow any conduct that may bring dishonour to themselves or The Foundation.

All members of The Foundation shall:

3. At all times be enterprise in obedience to all rules and standards.
4. Respect all people regardless of their nationality, religion, colour or creed.   
5. Honour all those above their stations.
6. Always strive to command obedience through respect and example.
7. Protect the innocent.
8. Punish the guilty.
9. Show utmost courtesy to everyone they come in contact with.
10. Defend their actions and principles vigorously and with dignity.
11. Know that anger blinds but that keeping a cool head will win the day.
12. Dignity, honesty, loyalty, honour, good faith, unselfishness, courtesy, bravery, patience and gallantry are the foods of the chivalrous.
13. Always remain faithful to The Foundation, their duties and friends.   


Issue II of 2017    




                            

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