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"
To
this end The Foundation is a “universitas” meaning that it:
- is structured
to continue as an entity notwithstanding a change in membership;
- it is able to
hold property distinct from its members; and
- 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.
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