Tuesday, April 10, 2007

WCMA The Constitution


1. Section One Name
2. Section Two Colour and Symbols
3. Section Three Status
4. Section Four Principles
5. Section Five Aims and Objectives
6. Section Six Membership
7. Section Seven Rights and Obligations
8. Section Eight Powers of the Association
9. Section Nine Annual General Meeting
10. Section Ten Special Annual General Meeting
11. Section Eleven Executive Committee
12. Section Twelve Duties of the Executive Committee
13. Section Thirteen Discipline
14. Section Fourteen Quorum
15. Section Fifteen Subscription
16. Section Sixteen Amendment to the Constitution
17. Section Seventeen Dissolution


Whereas we as the music Practitioners residing in the Western Cape find it necessary and desire to nurture, articulate and foster growth and development by looking after the aspirations of the music industry buoyed by progressive and democratic mindedness. In a united manner, we therefore commit ourselves to a non-racial, non-sexist and democratic industry free of exploitation and not unresponsive to the plight of music practitioners.

1. To organize music practitioners to work towards the transformation of the music industry;

2. To organize music practitioners to play a meaningful role in the transformation of Western Cape and the South African music industry by protecting the rights and interests of its members and musicians in general.

Section One
1. Name
1.1. The Name of the organisation shall be the Western Cape Musicians’ Association
The official abbreviation of or Acronym for the Western Cape Musicians’ Association shall

be WCMA.
1.2. The name of the Association shall only be changed at a meeting at which the chosen delegates from the various regions are present at an annual general meeting, and shall require a two-thirds majority of votes of the delegates present at such a meeting.

Section Two
2. Colours and Symbols
2.1. To be decided and added later.

Section Three
3. Legal Personality
3.1. The Western Cape Musicians’ Association shall be a legal persona with continuous succession and power, apart from its individual members, to require, hold and alienate property, enter into agreements, and do all things necessary to carry out its aims and objectives and defend its members, its property and reputation.
3.2. The organisational control and programmes of the Association shall rest in the Association’s membership and structures in accordance with its constitution.
3.3. The Association shall operate at Provincial, and Regional levels with special attention being paid to establishing national and international ties and relations.
3.4. Liability of the members of the Association shall be limited to the outstanding annual fees and the members shall have no interest in the movable and immovable property of the Association, or any profits accrued thereto.
3.5. Members shall not be held personally liable for any loss suffered by any person as a result of any Act performed or committed in good faith by the Member, performing their function for or on behalf of the Association, neither shall the assets of the Association be seized in respect of the obligations of its members.

Section Four
4. Principles
4.1. The following shall be the principles of the Association and shall at all times guide its deliberations including its policies, campaigns and operations and processes.
1. Democracy
2. Non Racialism
3. Non Sexism
4. Member Driven

Section Five
5. Aims and Objectives
The main aims and objectives of the Association are to:
5.1. Strive to rally Music practitioners of our province to support and unite behind WCMA and actively participate in the activities and programmes to create an enabling environment for the industry to prosper.
5.2. Promote solidarity, corporation and the spirit of togetherness amongst Musicians.
5.3. Champion the general interests and rights of musicians in the socio-economic and political life of the province.
5.4. Initiate Policy, research, develop and maintain a database of musicians and other related industries, together with planning and hosting regular information sessions.
5.5. Establish and maintain a Resource Centre, provide for counseling and the rehabilitation of music practitioners.
5.6. Do lobbying and advocacy for both international work and investment recruitment.
5.7. To initiate programmes and projects of job creation for its members in conjunction with any interested parties.
5.8. To represent the demands of music practitioners in the province be they social, political, economic or educational.
5.9. To forge links with all relevant organisations concerned with the progress of the musicians and their economic emancipation in South Africa, the continent and the Globe.
5.10. To strive for a democratic and unitary music support system that will prepare all musicians to partake to the fullest in the building of a strong music society.

Section Six
6. Membership
6.1. Membership shall be open to all South African Citizens or persons residing in South Africa in general and in the Western Cape in particular, working in any of the diverse fields associated within the music industry. Those who will be admitted to membership will include, but not be limited to:
Ø Disc jockeys, sound engineers, studio musicians, technicians;
Ø Music researchers / teachers / lecturers, producers, conductors, composers;
Ø promoters, agents, managers ; as decided by the AGM, regardless of, race, sex, creed, sexual orientation, on condition that they adhere to the principles, discipline and mode of operation of the Association.
6.2. Membership shall be confirmed annually, through the payment of the annual membership fees.
6.3. All members shall be issued with membership cards, valid for the period of one year, on payment of the required membership fee.
6.4. Membership fees are to be determined by the AGM.
6.5. Application for membership shall be made in writing and shall be accompanied by any such fees as the AGM may determine.
6.6. Application shall be lodged at an office that is to be determined by the general meeting of the Association.
6.7. Any other type of membership other than normal membership shall be determined by the general meeting of the Association.
6.8. Members of the Association may belong to or be a member of any like organisation, in the country, with similar aims and objectives in protecting the interests of musicians, provided that the policies and programmes of any such organisation are not apparently hostile to the aims and objectives of the Association
6.9. No person shall occupy any executive position or represent the organisation on any structure unless s/he is a registered member of the organisation.

Section Seven
7. Rights and Obligations
7.1. Every member of the Association shall have the right to:
7.1.1. Take part in the discussions and formulation of the Association’s policy;
7.1.2. Be elected to any committee, commission or delegation of the organization;
7.1.3. Submit proposals or statements to the Association on any matter that affects the Association musicians;
7.1.4. Protection by the Association against any harassment, victimisation, and or discrimination based on race, ethnicity, regionalism, sex or creed that may exist or arise within the music industry;
7.1.5. Active participation in the activities of the Association.
7.2. All members shall be obliged to:
7.2.1. Carry out decisions, duties and directives from the AGM with diligence;
7.2.2. Organise, participate and contribute positively to all the Association’s activities and/or programs and to contribute to the strengthening of its organisational unity;
7.2.4. Rally all music practitioners to support and unite behind the Association and actively participate in the creation of a united, non-racial, non-sexist, democratic and prosperous Musicians’ Association;
7.2.5. Combat all forms of tribalism, regionalism and nepotism and any other forms of discrimination based on sex and race and as well as combating factionalism and malicious gossip within the ranks of the Association.

Section Eight
8. Powers of the Association
8.1 The Association shall have all the powers to perform all such acts that are expedient or necessary to achieve the objectives as set out above, including but not limited to:
a) To claim, collect and receive any fees or dues or fees from members;
b) To receive any donations or bequests, accruals or benefits from any person or body;
c) To acquire both movable and immovable property by means of purchase, lease, donations, bequests or any other method of acquisition, provided that such acquisition is subject to the approval of the MEC for Cultural Affairs, Sport and Recreation of the Provincial Government of Western Cape;
d) To sell, donate, exchange, divide or dispose of immovable and movable property, provided that the disposal of immovable property be subject to the notification of the MEC for Cultural Affairs, Sport and Recreation;
e) To invest any funds or assets of the Association, acquired by any means, in investments with financial institutions as recommended at an annual general meeting;
f) Enter into agreements on behalf of the Association and its members with other Organisations on the continent and other international partnerships in Cultural Education and Economic Exchange programmes, projects and other activities;
g) Issue notices of meetings or any other meeting for transactions of business, associations or international partners;
h) Appoint a firm of auditors who shall deal with all financial records, transaction or any other related business activities of the Association;
i) To do such other lawful actions not in conflict with this constitution and in the interest of the Association and its members;
j) Deal with dispute between members and employers and to endeavor to settle disputes by means of conciliatory methods;
k) Appoint an executive committee comprising of a Chairperson, Deputy Chairperson, Secretary, Treasurer and any other office or post that the general meeting feels necessary in order for the Association to operate effectively and fulfill its objectives;
l) Receive and consider reports of the Executive Committee, deliberate on the policies and programs of the organization.

Section Nine
9. Annual General Meeting
9.1. The Annual General Meeting will be the highest decision making body of the Western Cape Musicians’ Association.
9.2. Notice of the annual general meeting is to be sent out at least 14 days before the date of the meeting and is to be accompanied by an agenda of the issues that are to be dealt with in the meeting.
9.3. The AGM shall determine a structured way in which the members attending the AGM shall be rotated so as to ensure that each member, from each of the various regions of the Association, has a chance to attend meetings.
9.4. No person shall occupy any executive position on any structure of the Association unless payment of his/her membership fees is up to date.
9.5. No person shall be able to represent the Association or vote on any of its policies or directives unless they are paid members.
9.6. The AGM shall have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission, committee or individual(s) as the case may be.
9.7. The AGM shall also have the powers to confer honours, decorations and awards on members, organisations or individuals in appreciation or recognition of their role in the work of the South African musicians and their struggles for the birth of a united, non racial, non sexist prosperous and democratic South Africa.

Section Ten
10. Special Annual General Meeting
10.1 A Special Annual General Meeting may be convened at any time to elect particular persons into leadership vacancies and/or deliberate on major policy issues that need the attention of the General Meeting;
10.2 A Special General Meeting may be convened by the Executive Committee at the request of two thirds of the regions of the Association;
10.3 Notices of special general meetings shall be sent out at least 14 days before the date of the meeting, and shall set out the time and venue of the meeting and it shall include an agenda of matters that are to be discussed;
10.4 Attendance at the special general meeting shall be rotated as per clause 9.3

Section Eleven
11 Executive Committee
11.1 The Executive Committee shall consist of the following positions, which are to be filled by the AGM though an electoral process, requiring a two-thirds majority vote;

a) President;
b) Deputy President;
c) Company Secretary;
d) Finance Officer;
e) Managing Director;
f) Secretary for Information, Publicity and International Affairs;
g) Two Representatives from the Metro; and
h) One Representative each from the five (5) District Municipalities.

11.2 The members elected to serve on the EC shall be elected by the delegates attending the AGM, by way of nominations being made from the floor at the AGM, and voted on.
11.3 Members elected to serve on the EC of the Association shall serve for a period of two years, which shall be known as one term, whereafter the position becomes vacant and shall be refilled by the AGM.
11.4 No member may serve on the EC, in whatsoever capacity, for more than 2 consecutive terms.
11.5 A member elected to serve on the EC, who has been absent for three consecutive EC meetings without leave or apology, shall vacate his/her position.
11.6 The vacant position on the EC referred to in clause 11.5 shall be temporarily filled by a person elected by the EC, who shall serve until the date of the next AGM where the AGM shall elect a person to fill the vacant position for the remainder of the term of the EC.
11.7 The EC, subject to the approval of the AGM may determine which of the positions within the Association are to be considered full time employees of the Association.
11.8 The EC members may, in consultation with the AGM establish working groups or committees to assist them with their tasks,
11.9 Government officials employed in the Cultural Affairs component of the Department of Cultural Affairs and Sport shall be requested by the EC, upon the request of the AGM, to assist in the performance of various duties for and on behalf of the Association, where and when needed.

Section Twelve
12 Duties of the Executive Committee
12.1 President Shall:
12.1.1 Be the Chief Executive Officer of the Association;
12.1.2 Issue statements on behalf of the Association and represent it when and wherever necessary;
12.1.3 Preside at meetings of the EC, and the AGM.
12.1.4 Represent the Association in all political and business related gatherings or events.
12.1.5 Advise and monitor the activities of the secretariat.
12.1.6 Give direction and guidance to Executive and Secretariat members of the organization.
12.1.7 Deal with all legal aspects pertaining to the Association.
12.1.8 The Chairperson shall have a deciding vote in addition to his or her normal vote, should the number of votes for and against a particular matter be tied in the AGM and the EC.

12.2 Deputy President Shall:
12.2.1 Handle the duties of the Chairperson, when the Chairperson is not available.
12.2.2 Be responsible for lobbying policy of the Association within the Provincial Government of the Western Cape (PGWC) and other governmental agencies as well as other like organisations.
12.2.3 Be responsible for disciplinary matters and the drafting and implementation of the disciplinary code of the Association.

12.3 Managing Director shall:
12.3.1 Be the Chief Administrative Officer of the Organisation on a full time basis
12.3.2 Perform any other duty assigned to him/her by the EC or AGM through the President.

12.4 Company Secretary
12.4.1 The secretary shall receive all correspondence on behalf of the Association.
12.4.2 Send notices concerning meetings to all the regions and the secretaries in the various regions shall then forward the notices to all the various members or delegates who are to attend the meetings.
12.4.3 Write and Keep all minutes of the EC and the AGM
12.4.4 Perform any other duty assigned to him/her by the EC or AGM through the President.

12.5 Finance Officer
12.5.1 Liaise with the EC and sponsors to ensure the financial coordination of the Association,
12.5.2 Open and operate banking accounts, in consultation with the President,
12.5.3 Sign all cheques and financial documents, which shall be counter-signed by the President or Deputy President,
12.5.4 Appoint the firm of accountants and auditors to deal with accounts and other financial records of the Association.
12.5.5 Disburse and issue out monies for any projects of the Association or for any other purpose approved by the EC or AGM.
12.5.6 Receive any monies as may be due to, donated to or granted to the Association.
12.5.7 All monies are to be deposited into the bank account of the Association within 48 hours of receipt thereof. Receipts are to be issued for all funds received and carbon copies of all receipts are kept for purposes of auditing and providing financial statements.
12.5.8 Keep account of all income and expenditure and report thereon to the general meeting, and provide audited financial statements at such general meeting.
12.5.9 Compile and manage a register of assets of the Association, and report thereon at every general meeting.
12.5.10 Issue monies to the regions or any organisation on the basis of need in music development and upon a properly motivated application therefore which shall include a budget as to how the monies shall be spent.
12.5.11 Keep records of all such applications and whenever necessary produce an income and expenditure statement, which shall be presented at each AGM.
12.5.12 Summon, if and when necessary, a meeting of the EC of the organisation to discuss any financial aspect.
12.5.13 Draw up an annual budget of the Association to be presented to the EC and the AGM for approval.
12.5.14 Draw and prepare a financial statement of the Association and such be audited before presented to the AGM.
12.5.15 Perform any other duty assigned to him/her by the EC or AGM through the President.

12.6 Secretary for Information, Publicity and International Affairs
12.6.1 Issue media statements on behalf of the Association in consultation with the President and or Managing Director.
12.6.2 Be responsible for the external and internal publicity of the work of the Association.
12.6.3 Be responsible for the external and internal dissemination of information on the Association through various media forms as may be required.
12.6.4 Coordinate the international work of the Association.
12.6.5 Liaise and maintain contact with the International Musicians Association, African Musicians Union, international organisations to which the Association is affiliated.
12.6.6 Maintain a proper image of the Association internationally.
12.6.7 Represent the Association internationally.
12.6.8 Perform any other duty assigned to him/her by the EC or AGM through the President.

Section Thirteen
13 Discipline
13.1 Discipline and conduct of all members of the Association shall be regulated and governed herein by the Code of Conduct as adopted by the Annual General Meeting.

Section Fourteen
14 Quorum
14.1 The quorum of the AGM shall be a simple majority comprising of 50% plus 1 of the number of delegates invited to the meeting.
14.2 The quorum of the EC shall be a simple majority comprising of 50% plus 1 of the full compliment of members of the EC.
14.3 Each member attending the meeting shall have one vote per item on the agenda that needs to be voted on, and the President of the Association shall have a casting vote in addition to his/her normal vote as stated in clause as per clause 12.1.8.
14.4 Voting shall be decided by a show of hands except where otherwise decided and determined by the President.
14.5 Should a quorum not be present one hour after the start of the meeting, the business of the meeting shall stand down for one more hour, and if a quorum is still not present the meeting shall be adjourned. The members present at the meeting shall only have the power to decide on the date of the next meeting.
14.6 If at the next meeting, a quorum is not present, the members attending the meeting may take a vote, to be decided by a simple majority of members present at such meeting, and the business of the meeting shall then continue. All decisions taken at such meeting shall be considered to be of full and effect, as if decided by a full quorum.
14.7 Where amendments need to be effected to the Constitution of the Association, a two-thirds majority of members shall be required.

Section Fifteen
15 Amendment to the Constitution
15.1 All proposed amendments to the Constitution shall be submitted to the secretary in writing at least 30 days before the date of the next general meeting.
15.2 Proposed amendments are to be listed in the agenda that is to be sent out with the notice of the general meeting at least 14 days before the date on which the meeting is to be held.
15.3 All proposed amendments shall be submitted to the plenary of the general meeting for discussion and will require a two-thirds majority of votes in order to be adopted into the Constitution.

Section Sixteen
16 Dissolution
16.1 The AGM of the Western Cape Musicians’ Association shall be entitled to decide on the dissolution of the Association. Such a decision shall be subjected to adoption or rejection at the AGM by a two-thirds vote.
16.3 Upon dissolution or winding up, the assets of the Association, remaining after satisfaction of all its liabilities shall be entrusted in the hands of any person as decided by AGM for disposal.

WCMA Vision & Mision

The achievement of a transformed, vibrant, unified and legally established and recognized music industry that will empower all practitioners regardless of race, age, and gender, social or ethnic background.

To nurture, articulate and foster the growth and development of the music industry in the interest of all music practitioners through a formal structure that will ensure the transformation of the music industry and protect the rights of music practitioners in the Western Cape.