Comments on Constitution of Kwasizabantu

For many years I have wondered why Mission KSB is deteriorating into a septic cult. After the devilish exposé of ms Lidia Dube on Ascention Day I studied the constitution again. Ms Dube and her cohorts are now wondering why the Constitution that they have kept under lock and key is now being discussed. The truth is that any Public Benefit Organization must hand in a copy of its constitution to the Department of Social Development in order to register. As such, it is known to the government of South Africa and thus this knowledge is free for all and everyone to obtain. 

As a matter of fact I can state that Mission Kwa Sizabantu is registered as a tax exempted Public Benefit Organization with registration number 930014821.

Below are some general ideas of my own about the Constitution. Following my ideas, I have added some thoughts from a friend of mine who has legal knowledge about such matters.

I know for sure that most of the co-workers of KSB has never seen this Constitution. As such, they are totally ignorant of their benefits, rights, etc. For example, are they aware of the fact that at the end of each financial year the audited books must be discussed with all the beneficiaries and that at least 50% of the profits must be shared equally between them? The remaining profits can be invested, but at normal investment rates and following all normal legal procedures. The co-workers do not know this and their share of the profits has been stolen and misused. 

Comments on Paragraphs:

2: Kwasizabantu Mission is a free and voluntary service provider to the community based on Biblical principles. As such, all decisions, resolutions and actions should be free and open as per biblical principles and as by regulations the acts governing PBO’s.

3:1: The list of membership should be free, open and available for all to know and see.

3.2: The governing body must maintain an updated version of this membership list.

3.3: Only the governing body has the right to terminate membership.

4.1: The governing body must have at least three trustees. 

4.2: Current trustees are trustees for life or until he/she resigns or can be removed at an AGM. Notice for such an action by the AGM must be given at two consecutive Sunday services, prior to the AGM.

4.3: Current trustees nominates his/her successor-in-title.

4.6: The trustees must appoint a chairperson and assisting chairperson to act in his or her absence as chairperson.

5.4: Only one trustee is necessary to sign any legal documents on behalf of the trust, but only after due resolution was taken by the governing body. (This means no unilateral decisions. All decisions must be authorised by a signed resolution taken by trustees. This includes decisions to suspend co-workers as stated in paragraph 3.3)

6.1: The trustees are only free to act in legal or financial actions if it is not for personal gain. This is according to PBO governing regulations.

6.1.7: The members shall receive house and maintenance remuneration on fair and normally accepted standards. (This means standards as accepted by normal society and normal PBO guiding principles. This should be agreed upon by all members, open to all members and known by all members. No privileges unless agreed by all members)

8.2: Proper booking must be done by the governing body and the books must be audited every year. It is a free and voluntary organization under the general rule of PBO’s and the audited books must be available to all members at all times.

In the article 18.1 government regulations, it states that a complete list of donations from South Africa and overseas must be kept on record. A receipt must be given for each donation other than general offerings or small donations, and this list must be audited every year.

Professional adviser’s comments:

I would split the arguments in the following:

  • Governing Body (GB) has failed to act in line with the requirements of the constitution.
  • Acts by the members of the GB in contravention of the law of RSA.
  • Process to dismiss a member of the GB.
  • Members of the GB.

Some thoughts on each of the above:

  1. The Governing Body (GB) has never ever acted in line with and according to the requirements of the constitution. The following are thoughts on the failures of the Governing Body:
  1. # 2.3 “…for no remuneration”. This is very grey, but it is known that many of them have been remunerated for many years. The amounts are secret? A responsible GB would at least keep a register and minute the remuneration and address this requirement in the constitution. 
  2. # 3 Membership. There has to be a Register of Members. Nobody has ever seen this membership register. 
    • Seemingly membership may be terminated at any time. One would expect these additions and terminations at least be recorded in the minutes of a meeting of the GB
  1. # 5 Legal Status. Any decision can be legally executed if signed by one trustee, but only after due resolution by the GB, which would require 2 people at a meeting as a quorum and such resolution must be available to all the other members of the GB. Do all these resolutions exist? 
  2. # 7.1. Call general meetings to inform and on request of at least 50 members of the Mission. This has never happened before? Members don’t even know that they have the right to call such a meeting. There is no Member Register, so which 50 can call such a meeting.
  3. # Accounting/book keeping. – Audited Annually. This has not happened since 2003. There may be other legal requirements for PBO’s but this is at least the requirements of the GB by their own constitution.
  1. Members of the Governing Body
  1. There is a strong suspension that at least one member of the GB is non corpus mentis and has been so for a long time. All decisions taken by him or by the GB where he was in attendance could be questioned dating back two years.
  2. There is a suspicion that members are being coerced into making certain decisions. It is not clear what the format of the coercion is.
  3. There is basically only two members (of the same mind, Thofozi and Eunice) left in the GB who can now make any decision. Together they constitute a quorum. However, they need to record their decisions and make it available to all the other members, i.e. Friedel and Arno. 
  1. Process followed to get rid of member of GB. According to the constitution the following process must be followed.
  1. Notice to be given at two consecutive Sundays of a meeting.
  2. Dismissal is only possible by resolution of general meeting by the Members of the Mission, i.e. the people on the Register of Members on the third Sunday