conference launch - acsa constitution.pdf
TRANSCRIPT
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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