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(as adopted by the Founding Meeting on 2
August 1996 and
as amended at the Council Meeting 24 March 1997)
| Preamble The overarching aim of this Association is to provide a forum for South African organizations who are committed to increasing access to an affordable, cost effective and quality learning environment in which learners are empowered to become self sufficient members of society. NADEOSA supports the National Education policy that - ‘The over-arching goal of policy must be to enable all individuals to value, have access to and succeed in lifelong education and training of good quality. Education and management processes must therefore put the learners first, recognizing and building on their knowledge and experience, and responding to their needs. An integrated approach to education will increase access, mobility and quality in the national system (which) must provide an increasing range of learning possibilities, offering learners greater flexibility in choosing what, where, how and at what pace they learn.’ |
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| 1. | Name and Nature | ||
| 1.1 | The name of the association shall be THE NATIONAL ASSOCIATION OF DISTANCE EDUCATION ORGANIZATIONS IN SOUTH AFRICA (hereinafter referred to as NADEOSA) | ||
| 1.2 | NADEOSA commits itself to the values and principles underlying the basic human right to lifelong education, namely i.a. quality, freedom of choice, democracy, liberty, equality, justice, peace, accountability and mutual respect for people’s diverse religions, culture and language traditions. | ||
| 1.3 | NADEOSA is a voluntary organization of bodies (legal personae), capable in its own name of suing and being sued, and of holding, owning and/or disposing of any rights or interests in or over moveable or immovable property. | ||
| 1.4 | Members undertake to participate constructively and actively in the affairs of NADEOSA. | ||
| 1.5 | The liability of any member towards NADEOSA shall be limited to the member’s annual contribution. | ||
| 2. | Objectives | ||
| The objectives of NADEOSA are to - | |||
| 2.1 | Facilitate collaboration among distance education organizations and other organizations involved or interested in distance education in South Africa; | ||
| 2.2 | Advocate awareness, understanding and application of distance education and open learning amongst policy makers, practitioners and learners; | ||
| 2.3 | 2.3 promote research and evaluation on all aspects of distance education, open learning and related topics in South Africa; | ||
| 2.4 | Exert influence with regard to adequate policy (including financial support) for distance education; | ||
| 2.5 | Advance the professional interests of distance education practitioners; and | ||
| 2.6 | Promote and enhance quality assurance in distance education. | ||
| 3. | Funtions | ||
| NADEOSA strives to attain its objectives by - | |||
| 3.1 | Encouraging networking and communication between relevant organizations and programmes; | ||
| 3.2 | Organizing workshops, discussions and conferences and creating a forum for debate; | ||
| 3.3 | Disseminating information among members and appropriate parties; | ||
| 3.4 | Encouraging the sharing of expertise amongst members and appropriate parties; | ||
| 3.5 | Making joint submissions regarding distance education, open learning and related topics; | ||
| 3.6 | Promoting and coordinating joint research projects among members and appropriate parties; | ||
| 3.7 | Cooperating with governmental and other bodies concerned with distance education and open learning; | ||
| 3.8 | Promoting the rationalization and consolidation, where appropriate, of educational, academic and administrative activities, while promoting the optimum use of both private and public resources in distance education, open learning and related activities; | ||
| 3.9 | Seeking assistance in South Africa and abroad for the promotion of distance education; | ||
| 3.10 | Acting, where appropriate, as a representative of distance education organizations to regional and international associations; and | ||
| 3.11 | Performing any other task which may enhance distance education in South Africa. | ||
| 4. | Membership | ||
| 4.1 | Any organization, institution or body directly involved in using distance education and flexible methods is eligible for membership in one of the following categories - | ||
| 4.1.1 | Institutions or programmes which are involved, or intend to be involved in the use of distance education methods; | ||
| 4.1.2 | Associations of institutions or programmes which are involved, or intend to be involved in the use of distance education methods; | ||
| 4.1.3 | Consortia of providers which are involved or intend to be involved in the use of distance education methods; | ||
| 4.1.4 | Associations of individuals which are involved or intend to be involved in the use of distance education methods; | ||
| 4.1.5 | Professional bodies which are involved or intend to be involved in the use of distance education in the methods; | ||
| 4.1.6 | Governmental bodies involved in the implementation of programmes using distance education methods. | ||
| 4.2 | At any meeting of NADEOSA each member organization in good standing shall be represented by its duly authorized voting delegate(s), who may each be accompanied by an alternate delegate who shall be entitled to speak but not to vote. | ||
| 4.3 | Each member organization shall have one vote. | ||
| 4.4.1 | Institutions which support the aims and objectives of NADEOSA but are not eligible for ordinary membership, may be admitted as associate members. | ||
| 4.4.2 | One representative of an associate member or one alternate may attend the meetings and partake in the activities of NADEOSA. Such an associate member shall not have the right to vote. | ||
| 4.5.1 | Applications for membership or associate membership should be done in the way prescribed by the Council of NADEOSA. | ||
| 4.5.2 | The Council may accept or reject any application or refer it back to the applicant for further particulars. | ||
| 4.6 | Membership fees shall be determined by the Council and may differ for categories of members and associate members. | ||
| 4.7 | Resignations of a member or associate member from NADEOSA shall be by way of a letter addressed to the President. | ||
| 4.8 | Membership of NADEOSA may be terminated by the Council when a member or associate member is in arrears with its membership fees or when a member or associate member, in the opinion of the Council, acts in a way that is not in the interests of NADEOSA. | ||
| 5. | Management | ||
| 5.1 | The Council of NADEOSA shall be responsible for the management of the affairs of NADEOSA, and may make rules to give effect to its decisions. | ||
| 5.2 | The Council shall consist of all voting delegates referred to in clause 4.2 above. | ||
| 5.3 | At each annual general meeting the Council shall elect: | ||
| 5.3.1 | A President, provided that a delegate from one member organization shall not be elected to the office of President for more than two years in succession; provided further that the member organization whose delegate serves as President may nominate another delegate to represent it for that period; | ||
| 5.3.2 | A Vice-President, who shall perform the functions of president when he/she is unable to do so. | ||
| 5.4 | The Executive Committee of the Council shall consist of - | ||
| 5.4.1 | The President and the Vice-President; | ||
| 5.4.2 | Eight persons elected as members of the Executive Committee by the Annual General Meeting. In electing such members, the Council should make every effort to ensure a reasonable representation among the categories of membership (see clause 4.1) and among the different kinds of providing institutions. The Secretary and Treasurer will then be chosen by the Executive Committee Members elected in terms of Clause 5.4.1, 5.4.2 and 5.4.3; | ||
| 5.4.3 | Not more than three persons appointed by the elected members of the Executive Committee referred to in sub-clauses 5.4.1 to 5.4.2 on the ground of their expertise or experience in matters regarding, NADEOSA; provided that no one member organization shall have more than two representatives serving on the Executive Committee. | ||
| 5.5 | The Executive Committee shall have the right to coopt other members (without voting rights on the executive) for specific purposes as and when the need arises. | ||
| 5.6 | The Council may in its discretion delegate any or all its powers and functions to the Executive Committee in terms of clause 5.4. | ||
| 5.7 | Members of the Executive Committee should at times act in the best interests of all the members of NADEOSA. | ||
| 5.8 | The Council may at any time appoint such other committees or working groups as it may deem necessary to assist it in the performance of its functions, and to define their terms of reference and determine their powers. | ||
| 5.9 | The headquarters of NADEOSA shall be at a place determined by the Council at such time as it is appropriate and feasible. | ||
| 6. | Meetings | ||
| 6.1 | The Council shall meet at least twice per year at a place and time determined by the Executive Committee; provided that mechanisms should be put in place to enable all members to attend; provided further that one of the meetings shall be the annual general meeting which shall be held within 60 days of the end of the financial year for the purpose of | ||
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Electing office bearers for the ensuing year; | ||
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Considering the President’s report; | ||
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Accepting the financial statements; and | ||
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Transacting any other business necessary at or generally associated with an annual general meeting. | ||
| 6.2 | The Executive Committee shall meet as often as the business of NADEOSA so requires at a place and time determined by the Committee; provided that the President may, with reasonable notice, call a meeting of the Committee to deal with urgent matters. | ||
| 6.3 | Notice of a matter which a member desires to be considered at a meeting shall be in writing and shall be lodged with the Secretary of the Council at least 30 days before the date of a meeting; provided that, subject to other provisions in this constitution, a member may with the consent of two-thirds of the voting delegates present, submit an urgent matter at a meeting without notice. | ||
| 6.4 | At least 21 days before a meeting the Secretary shall notify each member in writing of the time and place of the meeting and the business to be considered thereat. | ||
| 7. | Procedure at Meetings | ||
| 7.1 | One third of the members shall form a quorum. | ||
| 7.2 | At any meeting the President shall take the chair or, in her/his absence, the Vice-President. | ||
| 7.3 | In the absence of both the President and the Vice-President that meeting shall elect a chairperson. The chairperson thus elected shall act as chairperson at that meeting and only during the absence of the President and the Vice-President. | ||
| 7.4 | A proper record shall be kept of all meetings and be confirmed at the following meeting by the signature of the chairperson; provided that the meeting may consider such minutes as read if a copy thereof has previously been sent to each member. | ||
| 7.5 | The ruling of the chairperson on any question of order or procedure shall be binding unless immediately challenged by a voting delegate, in which event it shall be submitted without discussion to the meeting and the decision of the meeting shall be final. | ||
| 7.6 | Each decision of the meeting shall be taken by a majority vote of authorized voting persons, including proxies; provided that in the event of a tie of votes, the chairperson shall in addition to his/her deliberative vote, also have a casting vote. | ||
| 7.7 | Voting shall be by show of hands, save when the meeting decides that the voting on a matter shall be by secret ballot. | ||
| 7.8 | Where unanimity has been reached within reasonable time by at least two thirds of all the possible votes by means of fax, letter, telegram, or other reasonable means and without convening a meeting, this shall be deemed a resolution of the Council. | ||
| 7.9 | Observers may, with the approval of the chairperson, be invited; provided that the meeting may decide to discuss any matter in committee, whereupon only delegates with voting rights shall be entitled to be present; provided further that the meeting may permit any other person to be present. | ||
| 8. | Financial Provisions | ||
| 8.1 | The Treasurer shall keep such accounting records as are necessary to reflect the income and expenditure as well as the transactions and financial state of affairs of NADEOSA. | ||
| 8.2 | The Executive Committee shall open an account for NADEOSA at a registered financial institution. | ||
| 8.3 | All payments from such account shall be authorized by the Executive Committee and be paid by cheque; provided that such cheque shall be signed by the Treasurer and one other member of the Executive Committee. | ||
| 8.4 | The financial statements of NADEOSA shall be audited by an auditor registered with the Public Accountants and Auditors Board and the report of the auditor shall be presented by the Treasurer with his/her financial report at the annual general meeting. | ||
| 8.5 | The financial year of NADEOSA shall commence on 1st July each year. | ||
| 9. | Language | ||
| The language of record of NADEOSA shall be English. | |||
| 10. | Amendment of Constitution | ||
| This Constitution may be amended by a decision of any Council meeting of NADEOSA provided that - | |||
| 10.1 | thirty days’ notice in writing shall have been given to all members; | ||
| 10.2 | full details of the proposed amendment shall have been contained in the notice thus given; | ||
| 10.3 | the Executive Committee shall have submitted to members prior to or at the meeting concerned, a report on the proposed amendment; and | ||
| 10.4 | two thirds of voting delegates present at the meeting support the proposed amendment. | ||
| 11. | Dissoloution of NADEOSA | ||
| 11.1 | NADEOSA may be dissolved if at least 75% of all possible votes are in favour of such dissolution at a special general meeting called for this purpose. Proxy votes will be acceptable. | ||
| 11.2 | No motion for the dissolution of NADEOSA shall be considered unless all members were advised thereof at least three months prior to the voting on the motion. | ||
| 11.3 | If upon dissolution of NADEOSA there remains after the satisfaction of all debts and liabilities any property whatsoever, the same shall not be paid to or distributed among members of NADEOSA, but shall be given or transferred to some other institution or institutions having objects similar to NADEOSA, to be determined by the members of NADEOSA at or before the time of dissolution, and in default thereof by the Minister under whose control distance education falls in the Republic of South Africa. | ||
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