Islamic Medical Association of South Africa – Constitution

ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA

CONSTITUTION

PREAMBLE

WHEREAS WE BELIEVE

“He sent down (stage by stage) in the Qur’an that which is a healing and a mercy to those who believe: To the unjust it causes nothing but loss after loss.” (Qur’an XVII:82)

WHEREAS WE BELIEVE

that the Sovereignty over the entire universe belongs to Allah Subhanahu Wata’

we, who have been entrusted with the health care of His creation, humbly seek His guidance and inspiration in whatever we do.

āla and that He is the Source of all Knowledge and Truth, WHEREAS WE BELIEVE

that He has handed down to mankind through His Prophet (SAW) an ethical and moral code

, we regard it our duty to become familiar with and practice upon this code.

WHEREAS WE BELIEVE

that Islam is a Universal religion, a Blessing to Mankind and a complete Way of Life with its own God-ordained Laws, Code of Life and Value System.

NOW THEREFORE,

in dedication to such beliefs we hereby form this Association.

1

1. NAME

The name of the Association shall be ”

The Islamic Medical Association of South Africa (IMA)”: (hereafter referred to as “The Association”). 2. LIMITATIONS

Within the principal objectives of promoting the common interests of members of the Medical and other Health Sciences, the Association shall not:

a)

　

carry on any trading or other profit making activities; b)

　

participate in any business, profession or occupation carried on by any of its members; c)

　

provide financial assistance to any of its members; d)

provide to any of its members premises, continuous services or facilities required by them for the purpose of carrying on any business, profession or occupation. 3. AIMS AND OBJECTIVES

To promote a better understanding and appreciation of Islam and of health care within the framework of Islam. 2.

To constantly remind health care professionals of, and educate them on, Islamic Values, Ideas, Thoughts, Habits and Ethics and to apply these in the Health Care Sector. 3.

　

To promote professional contact and non-professional contact at all levels through activities such as meetings, seminars, lectures, conventions and other gatherings. 4.

To seek affiliation with other Medical Associations and Institutions through professional co-operation. 2

5.

　

To co-operate with other organisations on matters of mutual interest. 6.

　

To introduce Islamic values into health care education specifically in terms of patient care. 7.

　

To promote research and publications in the field of Islamic Medical History, Prophetic Medicine, Islamic Medical Ethics and Medicine in general from the Islamic perspective. 8.

　

To be a “Mercy unto Mankind” in the true example of our Prophet (SAW) by providing assistance in the form of clinics, relief work and rehabilitation whenever and wherever needed. 9.

　

To co-ordinate relevant group and individual activities of Muslim health care professionals. 10.

　

To maintain a central information bureau on employment opportunities, exchange programmes, scholarships, graduate and undergraduate training opportunities as a service to members. 11.

　

To establish libraries for use by members and others. 12.

To create a fund to render medical services to the needy. The rest of this sentence has been deleted. 13.

Generally to do all such acts as may be necessary or expedient in furthering the interests of the Association and the objectives for which it has been formed. 4. MEMBERSHIP

ORDINARY: Any Muslim health care professional or any graduate of the health sciences who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association, shall be eligible for membership. ii)

STUDENT: Any Muslim undergraduate student in the medical or health sciences who subscribes to the spirit of the preamble 3

and abides by the aims and

　

objectives of the Association shall be eligible for student membership. iii)

　

ASSOCIATE: Any other Muslim person approved of by the Council who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association shall be eligible for associate membership. iv)

　

HONORARY: Honorary membership may be bestowed by Council on recommendation of the Executive. v)

　

OVERSEAS: Any Muslim health care professional or any graduate of the medical or health sciences residing outside the borders of South Africa and who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association shall be eligible for overseas membership. vi)

SPOUSE: The spouse (who would otherwise qualify for ordinary membership) of any Muslim health care professional, who is a fully paid up ordinary member and who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association, shall be eligible for membership in this category. b) VOTING RIGHTS

The right to vote under this Constitution shall be limited to ordinary, overseas and spouse members who have paid their subscription in full.

Associate, honorary and student members, while entitled to participate at meetings of the association, shall not have voting rights. c) SUBSCRIPTION FEES

The annual subscription

fee, as determined by Council from time to time, shall fall due on the 1^{st of January each year.} Council shall at its sole discretion, decide on appropriate action against members in default of fee payment. The Council shall be empowered at its sole discretion to allocate to a particular branch any amount not exceeding one quarter of the total subscriptions contributed by that branch. In making such allocations, the relevant branch shall be obliged to submit an income and expenditure account acceptable to Council. 4

d) MEMBERS’ ROLL

There shall be

recorded on a Roll of Members of the Association the full name and address of each member and any subsequent resignation, suspension or death. e) SUSPENSION OF MEMBERS

The Executive shall have the power

to recommend to Council the termination or suspension of membership of any member at any time on the grounds of unsuitability or for any other valid reason without being obliged to give reasons therefore. Any recommendation of the Executive in this regard shall be reviewed by the Council who shall offer the member so affected an opportunity to make representations before it. The Council may accept or waive the recommendation made by the Executive. f)

OFFICE BEARERS All officers of the Association including members of the Executive and Council shall be ordinary

or spouse members with full voting rights provided that Council may in special circumstances make an exception, but subject to the terms of this Constitution. g)

APPLICATION FOR MEMBERSHIP All membership applications are subject to ratification by the Executive prior to acceptance.

5. COMPOSITION OF COMMITTEES

The Executive of the Association shall comprise of six members, namely:

President

Vice President

5

　

Secretary

Assistant Secretary

Treasurer

Immediate Past President

2. COUNCIL

Shall consist of:

a)

All members of the Executive b)

One member from each branch that has a membership in excess of five. Where branch membership exceeds twelve, representation will increase by one for every additional twelve members. c)

Chairpersons of each Sub-Committee. d)

　

Three members elected at the AGM. 3. BRANCH

Minimum number for any branch will be five Ordinary members. All branch members must be members of the Parent Association. All branches are bound by the Constitution of the Association.

4. SUB-COMMITTEES

OF COUNCIL Chairpersons

of Sub-Committees shall be appointed by the Council. 5. ADVISORY BOARD

Shall consist of

a)

Members – All past Presidents of the Association. b)

Chairperson – Immediate past President. c)

Powers – Purely advisory 6. ELECTION OF OFFICE BEARERS

6

The Executive of each branch shall be elected annually.

2. EXECUTIVE AND COUNCIL MEMBERS

To be elected annually at the AGM. Members absent at the AGM may be nominated provided their nomination is submitted in writing to the secretary and signed by the Proposer, Seconder and the Nominee.

3. ELECTION

Will be by show of hands unless otherwise decided by the Council.

Office bearers to be elected individually and not en bloc. 4. TERM OF OFFICE

The term of office of all elected members of the Association will run from one AGM to the next. All office bearers shall be eligible for re-election.

7.

DUTIES

Shall be

responsible for the implementation of all the mandates of the Association and for the general administration of the affairs of the Association. a)

　

President – Chief Executive Officer of the Association, who shall call and preside over all meetings and will co-ordinate the activities of all branches and Sub-Committees. b)

Vice President – shall assist the President and assume the duties of President in his/her absence. The Vice President will also be responsible for liaising and establishing contacts with other national and international organisations. 7

c)

　

Secretary shall conduct the correspondence of the Association. Discharges all duties which pertain to the office of Secretary. d)

　

Assistant Secretary shall keep minutes of the Executive Committee and Council Meetings. Responsible for notifying members of meetings and conventions. e)

Treasurer – i)

The treasurer shall keep proper accounts of: 1.

The assets and liabilities of the Association. 2.

All transactions of the Association and information related to such transactions. 3.

Point 3 has been deleted ii)

　

The keeping of the books of accounts shall be the responsibility of the treasurer or any other person authorised by the Council and, with the prior approval of the Council be open to inspection by members of the Association. iii)

The treasurer shall present an income and expenditure account and an audited balance sheet for the previous financial year at the Annual General Meeting of the Association. iv)

　

The funds of the Association shall be deposited timeously into its banking account. The account shall be operated by the treasurer and any one of the following: 1.

President 2.

Secretary 2. COUNCIL

All affairs of the Association shall be managed and controlled by the Council, which shall have full power to carry out the objectives of the Association and generally exercise all the powers of the Association as defined by this Constitution. 8

b)

　

The Council shall have custody and control of the assets of the Association and all immovable property and other assets of the Association shall be registered or held in the name of the Association. c)

　

Without in anyway limiting the powers of Council in the use of the property, or application of the Association’s objectives in this regard, the Council, through its Executive, shall administer the assets of the Association. d)

　

Banking accounts in the name of the Association shall be operated by Council at its discretion. e)

　

The Council will meet at least twice a year to conduct its business, to review and preview the work of the Association, to receive the Executive’s and Sub-Committee reports and to approve the Annual Audited Financial Statements. f)

　

Appoint chairpersons of Sub-Committees. g)

Issues requiring a vote at the meeting of the Council will be decided by majority vote of those present and eligible to vote with the chairperson having both a deliberative and casting vote. 3. SUB-COMMITTEES

As per mandate from the Council.

8. MEETINGS

1. EXECUTIVE :

At least four times a year and from time to time as necessary.

2. COUNCIL :

At least twice a year and whenever a special meeting of the Council is

required. 3. BRANCH :

Regular meetings

as decided upon by the branch members. 4. SUB-COMMITTEES :

9

At least twice a year

and when necessary or at the request of the Council or Executive. 5. ADVISORY BOARD :

As and when necessary at the request of the Council or Executive.

6. ANNUAL GENERAL MEETING :

The Annual General Meeting shall be held at least once in a calendar year together with the Annual Convention of the Association.

7. SPECIAL GENERAL MEETING :

A Special General Meeting of the Association may be convened at any time by a

requisition signed by fifty paid up ordinary members of the Association. The requisition shall be addressed to the Executive and at least twenty-one days notice of intention to hold that meeting shall be given. The requisition shall further state precisely the purpose for which the meeting is being convened. The quorum for such a Special General Meeting shall be one hundred ordinary paid up members and a minimum of thirty paid up ordinary members who so requested such a meeting. The Council shall be entitled to convene a Special General Meeting of the Association by way of a requisition addressed to the Executive which requisition shall be signed by at least twelve members of Council. At least fourteen days notice of intention to hold that meeting shall be given in such a requisition. A minimum of two-thirds of the members of Council who so requisition such a meeting shall be present at that Special General Meeting. 8. SPECIAL COUNCIL MEETING :

May be called for by at least twelve Council members, provided that not less than 50 ordinary paid up members shall be given notice not less than fourteen (14) days

prior to the stipulated date of the meeting. 9. FINANCIAL YEAR

The financial year of the Association shall be from 1 January to 31 December of each year.

10

10. AUDITOR

An Auditor shall be appointed by Council. Remuneration for services rendered during the past year shall be fixed by the Council. ii.

　

The Auditor shall at all times have access to the books and accounts of the Association and the Officers of the Association shall be bound to give him/her such information as he/she may require for the purpose of discharging his/her duties. iii.

The Auditor shall examine financial statements prior to their presentation at a general meeting and will provide a written report therewith. 11. ANNUAL CONVENTION

Venue and date shall be decided by Council.

12. GENERAL

Contracts between the Association and any person or body shall be negotiated by the Council. The Association may be contractually bound in respect of any contract upon the joint signatures of the President and the Treasurer, provided that in the case of each contract, such joint signatures are preceded by a duly minuted resolution of the Council recording its decision that the Association should conclude the same and such a resolution shall be annexed thereto. Notwithstanding any of the foregoing, any contract, under which the Association does not incur an obligation to make payments in excess of that amount determined by Council from time to time, shall be binding on the Association if jointly signed by the President and Treasurer. Nothing in this rule contained shall be a subtraction or derogation of the Association rules with regard to the signing of cheques. 2.

The income and property of the Association whenever derived shall be applied solely to the promotion of its objectives as set forth herein and no portion thereof shall be paid or transferred directly or 11

indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Association; provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officer or servant of the Association or to any member thereof in return for any services actually rendered to the Association.

Points 3, and 4 have been deleted as they are covered under Section 16

Point 5 is covered under Section 13

13. LEGAL POSITION

The Association may sue or be sued in its own name in any court of law and shall be represented in such litigation by its President and Secretary. 2.

Neither the Council nor the Executive Committee nor any member/s thereof shall be required to file any security with the Master of the Supreme Court or any other person for the administration as may be required by any law now or hereafter in force. 14. INDEMNITY

Every member of the Council and Executive Committee and other officer or servant of the Association shall be and is hereby indemnified against losses, expenses or damages incurred in the discharge of or arising out of

his/her duties. No member of the Council or any other officer of the Association shall be liable for the acts, receipts, neglects or defaults of any other member or officer or for the joining in any receipt of other acts for conformity or for any loss or expense happening to the Association through the insufficiency of the title to any property acquired by the Council for or on behalf of the Association or for the insufficiency of deficiency for any security in or upon which the moneys of the Association shall be invested for any loss or damage arising from the insolvency, tortuous act of any person with whom any moneys, securities of effects shall be deposited or for any loss or damage or misfortune whatever which shall happen in the execution of the duties of his/her office or in relation thereto unless the same happens through his/her own dishonesty in which case he/she shall be liable. 12

15. ALTERATION OF CONSTITUTION

This constitution shall not be altered or added to except by a Resolution passed by a seventy percent majority of a quorum of members present and voting at any General Body Meeting, of which at least twenty one (21) days notice shall have to be given and which notice shall state the intention to deal with and specify the nature of the alteration or amendment. For the purpose of this paragraph, a quorum shall consist of 100 Ordinary members of the Association provided that all amendments and alterations to this constitution shall be submitted to the Commissioner of Inland Revenue for his approval.

16. DISSOLUTION

The Association may be dissolved or wound up by a two-thirds majority of a quorum of members present at a Special General meeting of which at least thirty (30) days notice shall have to be given, which notice shall state the intention to wind up or dissolve. For the purpose of this paragraph, a quorum shall consist of two-thirds of the Ordinary Members of the Association. If upon winding up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of the Association but shall be donated or transferred to some other institution having

objectives similar to the objectives of the Association, to be determined by the members of the Association at or before the time of dissolution. Point 2 has been deleted.

17. INTERPRETATION

In the event of any difference of opinion, dispute or question arising as to the meaning of interpretation of this constitution or any by-laws framed by the Council, such difference, dispute or question shall be submitted to the Council for its decision and its decision thereon shall be binding.

We, the undersigned, hereby certify that:

13

a)

　

This annexed Constitution is the duly amended Constitution of THE ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA. b)

The amendments were duly adopted unanimously at the Annual General Meeting of the members of THE ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA on 28 APRIL 2003. JOHANNESBURG ON THIS 28TH DAY OF APRIL 2003 ______________________ _______________________

SECRETARY PRESIDENT

14

DATED AT

1.

　

1.

　

i.

　

a)

　

　

1. EXECUTIVE

1. BRANCH

:  

Council nominated members of the Association.

Council nominated non-Medical members of the Community.

 

 

1. EXECUTIVE

a) CATEGORIES

 

i)

　

　

1.

This piece is taken from the website of  the Islamic Medical Association of South Africa　

See on-line at: http://www.ima.org.za/

Tanzania Muslim Professionals Association – Constitution

BISMILAHIR RAHMAANIR RAHIYM

TANZANIA MUSLIM PROFESSIONAL ASSOCIATION

CONSTITUTION

---

• PREAMBLE
• ARTICLE 1: DESIGNATION
• ARTICLE 2: AIMS AND OBJECTIVES
• ARTICLE 3: POWERS OF THE ASSOCIATION
• ARTICLE 4: MEMBERSHIP
• ARTICLE 5: ORGANISATION
• ARTICLE 6: FINANCE
• ARTICLE 7: OFFICE BEARERS
• ARTICLE 8: PROPERTY OF THE ASSOCIATION
• ARTICLE 9: INDEMNITY
• ARTICLE 10: THE CONSTITUTIONARTICLE 11: OFFICIAL SEAL

Back to Top

PREAMBLE:

Whereas, Tanzania has an estimated population of about 30 million, (1988 census), AND Whereas, Due to various factors, social and economic facilities and services such as education, health, water, nutrition, sanitation, environment, orphanages, mosques, employment etc. have not been developed to meet the demand within the country; AND Whereas, The ability of the government to provide all social and economic facilities and services is limited due to shortage of resources, AND Whereas, The Government has from time to time called religious communities and groups to use their ample abilities to assist the government in providing social and economic services for the welfare and development of all the people of Tanzania, AND Whereas, It is recognised that, the Muslim professional community of Tanzania can be mobilised to use their ample potentials to solve problems related to their religious needs and be able to provide social and economic facilities and services for the welfare and development of all Tanzanians; Members of the Muslim community of Tanzania therefore, do hereby resolve to establish TANZANIA MUSLIM PROFESSIONALS ASSOCIATION so as to complement the Government efforts on the forementioned items.

Back to Top

ARTICLE 1: DESIGNATION

1.10 Name The Association shall be called TANZANIA MUSLIM PROFESSIONALS ASSOCIATION and it shall be known by its acronym here inafter as TAMPRO

1.20 Status

TAMPRO is a non-profit making organisation

1.30 Location and Address

The association’s head office will be in Dar-es-Salaam at the following address: Tanzania Muslim Professionals Association Masjid Ridhwaa, Mkwajuni-Kinondoni P.O. Box 72045 Dar-es-Salaam – Tanzania

1.40 Language

The official languages of the Association shall be Kiswahili, Arabic and English.

1.50 Definition of Terms For the purpose of this constitution, the following words shall be defined as follows: – The Association -Tanzania Muslim Professionals Association (TAMPRO). The Board -Board of Trustees of Tanzania Muslim Professionals Association. Professionals -All those Muslim professionals who have acquired academic and /or professional qualification in any professional pursuit. Branch Is up country Muslim professionals who shall work according to aims and objectives of the association. Subsidiary body Is an organ formulated to strengthen particular mission of the association in the country.

Back to Top

ARTICLE 2: AIMS AND OBJECTIVES

2.1 To unite/organize and enhance solidarity among Muslim Professionals in Tanzania.

2.2 To provide Islamic knowledge to Muslims.

2.3 To initiate and co-ordinate different socio-economic development projects for the aim of creating more employment opportunities and improving the well being of Muslims especially in rural areas and urban poor.

2.4 To co-operate with other organisations/Institutions with similar objectives as those of TAMPRO.

2.5 To safe guard the rights of Muslim Professionals and Muslims in general

2.6 To write/translate different professional papers, journals, books in order to fulfil educational needs of the community.

2.7 To encourage Islamic propagation through various methods e.g. Newspapers, Radios, Television etc.

2.8 To establish and run non-profit sharing economic projects as a means of rising funds for other projects of the Association.

2.9 To acquire and dispose fixed and movable properties for proper fulfilment of these objectives.

2.10 To promote learning capabilities among Muslim scholars

2.11 To provide consultancy and advisory services in all areas of socio-economic and technology development.

2.12 To facilitate TAMPRO members to run partnership projects in order to raise incomes.

2.13 To organise scientific conferences, seminars and workshops.

Back to Top

ARTICLE 3: POWERS OF THE ASSOCIATION

For better attainment and furtherance of the aforesaid aims and objectives, TAMPRO shall have the following subsidiary powers.

3.01 To establish and develop branches in any part of the country in such a manner as may be thought fit.

3.02 To co-operate or affiliate with institutions in the country or elsewhere having aims in part or similar to those of TAMPRO.

3.03 To provide expertise in all areas related to science or arts wherever necessary.

3.04 To encourage organizations and individuals whether members or not, to undertake or provide voluntary support for the purpose of furthering the aims and objectives of TAMPRO.

3.05 To open and maintain banking accounts whether current, savings or fixed deposits, with any registered commercial bank or registered financial institution as the executive committee may from time to time decide.

Back to Top

ARTICLE 4: MEMBERSHIP

According to TAMPRO constitution, membership of the association shall be of 5 broad categories:

4.00 Membership of the association shall be of 5 broad categories:

4.01 Senior Professional Members

4.02 Graduates/Students Members

4.03 Associate Members

4.04 Honorary Members

4.05 Institutional Members

4.11 Senior Professional members shall include those members with academic qualification above the level of second degree.

4.12 Graduates/Students members shall include those who have acquired academic qualification above the level of ordinary diploma to second degree and/or those still in training.

4.13 Associate Membership may be given to other Non-Professional Muslims whose applications to become members of the Association has been approved by the General Assembly after being recommended by the Executive Committee.

4.14 Honorary Membership may be granted to any Muslim regardless of his or her academic or other qualification with regard to his/her commitment and contribution to the association.

4.15 Institutional Membership may be granted to Islamic Institutions.

4.20 Application for Membership

4.21 Application for membership shall be accompanied by recommendation from not less than two (2) referees among active members of and should obtain prior approval by the Executive Committee before presented to the General Assembly and shall be submitted to office of the Secretary General at least two months before the session of the General Assembly. The Executive Committee has the power to offer/grant honorary membership.

4.22 The power of final acceptance of new members is vested in the General Assembly.

4.30 Termination

4.31 The General Assembly shall have the power to terminate or suspend membership of any member found to be participating in activities contrary to the aims and objectives of the association.

4.32 A member shall cease to be a member when he/she resigns, dies, fail to attend two consecutive meetings without any notice/ reasonable excuse.

4.40 Election

4.41 The right to nominate all office bearers is reserved to the Executive Committee. The right to vote is vested to the General Assembly.

4.42 Any member shall be considered for leadership must have qualities satisfactory in Islamic views.

4.43 Prior to election, a temporary electoral committee of five members shall be appointed by the Executive Committee and approved by the General Assembly. Members will be drawn from those who shall become office bearers.

4.50 Membership fees and Other subscriptions

4.51 There shall be an entry or registration fee and monthly or annual membership subscription for each category of membership except honorary members.

4.52 Membership fees and annual subscription shall be determined by the Executive Committee when need arises and ratified by a simple majority vote at General Assembly.

Back to Top

ARTICLE 5: ORGANISATION

5.1 General Assembly

5.2 Board of Trustees

5.3 Executive Committee

5.4 Economic and Technology Development Committee (ETDC)

5.5 Social and Welfare Development Committee (SWDC).

5.6 Information and Communication Development Committee (ICDC)

5.7 Finance and Accounting Committee (FAC).

5.10 General Assembly

5.11 The General Assembly shall be composed of all Members.

5.12 The General Assembly shall hold two types of meetings:- (i) Ordinary meetings that shall be held once each year i.e. Annual meetings. (ii) Extra-Ordinary meetings that can be called by 25% of total members of the Association or Executive Committee.

5.13 The Quorum of any General Assembly meeting shall be more than 50% of the registered members of the Association who have the right to vote.

5.14 The agenda shall be proposed by the Executive Committee and posted to members by the General Secretary at least 31 days before the general assembly.

5.15 Any motion in writing signed by the member proposing it, and at least two members seconding such motion and received by the General Secretary not later that two months before the date of the general assembly shall be considered for inclusion in the agenda for that meeting.

5.16 Chairman of the General Assembly meetings shall be the Chairman of the Association. When both chairman and Vice Chairman are incapacitated or absent, a temporary chairman shall be elected from those members present constituting a quorum

5.17 Each registered member of the Association attending the General assembly shall have one vote.

5.18 Minutes of the General Assembly shall be circulated to all members of the Association after two months.

5.19 Where not provided for in this constitution, the Executive Committee shall determine the procedure for the conduct of the General Assembly.

5.20 Power and Duties of the General Assembly

5.21 The General Assembly shall be the Supreme organ of the Association.

5.22 The General Assembly shall elect all Office Bearers of the Association.

5.23 The General Assembly shall discuss and approve the annual reports and budget proposal.

5.30 Board of Trustees

5.31 The Board shall be composed of seven (7) members.

5.32 Six Board members of the association shall be nominated by the Executive committee for approval by the General Assembly, and the Secretary General of the Association shall be a member and Secretary to the Board.

5.33 The Board shall elect one of its members to be the Chairman of the Board of Trustees.

5.34 The term of office for the Board shall be three (3) years.

5.35 They shall meet quarterly in a year and shall regulate its proceedings.

5.36 A person shall cease to be a Board member if he/she dies or generally participate in activities contrary to the aims and objectives of the association.

5.370 Power and Duties of the Board

5.371 The Board shall promulgate policy guidelines and regulations for the association and shall be approved by the General Assembly.

5.372 The Board shall foresee the general and proper administration of the association.

5.373 The Board shall be responsible and depository for all properties of the association.

5.374 The Board shall be signatory to legal documents.

5.375 The Board can sue and be sued.

5.376 The Board shall approve employment, retirement and dismissal of senior employees of the Association.

5.40 Executive Committee

5.41 The Committee shall be composed of all office bearers.

5.42 The term of office for the Committee shall be three (3) years.

5.43 The Committee shall hold quarter-annual meetings and extra-ordinary meetings whenever need arise.

5.440 Power and Duties of the Executive Committee

5.441 The Committee shall supervise all activities of the Association.

5.442 The Committee shall submit annual reports to the General Assembly about the activities and development projects of the Association.

5.443 The Committee shall propose the agenda for the General Assembly, and post to all members at least 31 days before the meeting.

5.444 The Committee shall implement decisions of the general assembly and shall also oversee the implementation of the decision of the general assembly.

5.445 The Committee shall recommend the names of Office Bearers and forward to the General Assembly.

5.446 The Committee shall employ, retire or dismiss auxiliary employees of the association and shall suspend office bearers at any time when found mischievous.

5.447 Executive Committee shall process applications for membership for approval by the General Assembly.

5.448 A member of the Executive Committee shall control all election meetings of TAMPRO held by the committee of branches and shall be the chairman for that meetings and specifically ensure that the meetings are conducted with due regard to the existing regulations.

5.449 The Executive Committee shall have power from time to time to set up or dissolve local branches of TAMPRO and other subsidiary bodies as may prove desirable. Can also make, alter or repeal any TAMPRO by-laws, as it may deem necessary or convenient for the constitution and to conduct and control the said branches and other subsidiary bodies of TAMPRO.

Back to Top

5.50 Economic and Technology Development Committee

This committee shall:

5.51 Have 7 members.

5.52 Be appointed by the Executive Committee with the exception of Chairman and Secretary who will be voted by the General Assembly.

5.53 Design, prepare, develop and review project and program proposals according to action plans of TAMPRO.

5.54 Prepare progress reports by compiling reports of other committees and forward to the Executive Committee.

5.55 Design and develop strategies to improve operationalization of TAMPRO

5.56 Collect and review requests of consultancy and advisory services, and assign the same to appropriate committees.

5.57 Be in office for the duration of 3 years

5.58 Hold quarterly, annual meetings and extra-ordinary meetings whenever need arises.

5.59 Liase with other committees.

5.60 Social and Welfare Development Committee. This committee shall:

5.61 Have 7 members

5.62 Be appointed by the Executive Committee with the exception of Chairman and Secretary who will be voted by the General Assembly.

5.63 Design and develop strategies to solve social and welfare problems facing Muslims

5.64 Identify priority areas and give recommendations for further actions.

5.65 Prepare progress reports and forward to the Executive Committee and Strategic Planning and Co-ordination Unit for Compilation

5.66 Be in office for the duration of 3 years.

5.67 Hold quarter-annual meetings and extra-ordinary meetings whenever need arises

5.68 Liase with other committees

5.70 Information and Communication Development Committee

This committee shall:

5.71 Have 7 members

5.72 Be appointed by the Executive Committee with the exception of Chairman and Secretary who will be voted by the General Assembly.

5.73 Design, prepare and develop all training and education programs as well as Develop and produce all IEC materials

5.74 Design, develop and establish effective and efficient Management Information Systems (MIS).

5.75 Conduct researches, evaluations and monitoring activities and Prepare progress reports and forward to the Executive Committee and Strategic Planning and Co-ordination Unit for Compilation

5.76 Responsible for DA’AWA programs and propose to the Executive Committee for approval.

5.77 Be in office for the duration of 3 years

5.78 Hold quarter-annual meetings and extra-ordinary meetings whenever need arises.

5.79 Liase with other committees.

5.80 Finance and Accounting Committee

Back to Top

This committee shall:

5.81 Have 7 members appointed by the Executive Committee with the exception of Chairman and Secretary who will be voted by the General Assembly.

5.82 Have the Chairman who shall be the Treasurer of the Association.

5.83 Prepare and establish an effective and efficient accounting and internal auditing system, as well as annual budgets and its reviews for the association.

5.84 Deal with procurement, stores and supply of inputs and equipments of TAMPRO

5.85 Mobilize and/or collect membership fees, annual subscriptions, Zakat, Sadaka, grants and other donations.

5.86 Deal with co-ordination of transport services for TAMPRO activities

5.87 Prepare progress reports and forward to the Executive Committee and Strategic Planning and Co-ordination Unit for Compilation.

5.88 Hold quarter-annual meetings and extra-ordinary meetings whenever need arises.

5.89 Liase with other committees and projects/programs under TAMPRO

5.90 Branches

These shall:

5.91 Be proposed and opened by the Executive Committee and approved by the General Assembly.

5.92 Deal with directives, missions and objectives of TAMPRO at their areas under the co-ordination of the Executive Committee.

5.93 Prepare progress reports and forward to the Executive Committee.

5.94 Have leaders who will be in office for the duration of 3 years

5.95 Hold quarter-annual meetings and extra-ordinary meetings whenever need arise

5.96 Liase with other institutions in their areas.

Back to Top

ARTICLE 6: FINANCE

6.01 The books of accounts shall be kept at the registered official office of TAMPRO or at an alternative approved venue, which the Executive Committee has appointed. The books shall always be open to the inspection of the Executive Committee or any member thereof.

6.02 The annual accounts of TAMPRO shall be audited by qualified auditor(s) approved by the Executive Committee.

6.03 At the General Assembly a report of the affairs of TAMPRO, together with an audited statement of income and expenditure and balance sheets made up to the end of the financial year shall be submitted for comments and approval.

6.04 TAMPRO shall contribute, to and receive donations from, other related institutions as agreed by the Executive Committee.

Back to Top

ARTICLE 7: OFFICE BEARERS:

7.01 Chairman

7.02 Vice-Chairman

7.03 Secretary General

7.04 Deputy Secretary General

7.05 Treasurer

7.06 Committees Chairmen

7.07 Committee Secretaries

7.10 Chairman

Chairman of the Association shall preside over all General Assembly meetings. He shall be the speaker of the Association.

7.20 Vice-Chairman

Shall perform such duties as may be specifically assigned to him by the Chairman and in the absence of the Chairman shall perform the duties of the Chairman.

7.30 Secretary General

7.31 Shall be the secretary of the General Assembly, Board of Trustees and the Executive Committee.

7.32 Shall issue notice for all the meetings of Executive Committee, Board of Trustees and the General Assembly.

7.33 Shall give biannual reports of activities of the Association to the Executive Committee.

7.34 Shall perform the day to day executive functions of the Association.

7.35 Shall deal with all correspondence of the association.

7.40 Deputy Secretary General

7.41 Shall perform such duties as may be specifically assigned by the Secretary General.

7.42 Shall perform all duties of the Secretary General in absence of the Secretary General.

7.50 Treasurer

7.51 Shall be the Financial Controller of the Association.

7.52 Shall be the Chairman to the Finance and Accounting Committee.

7.60 Committee Chairmen

7.61 Shall preside over all committees’ duties, assignments and meetings.

7.70 Committee Secretaries

7.71 Shall perform day to day executive functions of the committees

7.80 For avoidance of any doubt, the General Assembly shall elect all office bearers.

Back to Top

ARTICLE 8: PROPERTY OF THE ASSOCIATION

8.1 All movable and fixed assets of the Association shall be entered in the Association’s Register and included in the Treasurer’s report during the General Assembly.

8.2 The income and property of the Association, however derived, shall be applied solely towards the promotion of the objective of the Association as set forth in this constitution.

8.3 In case of dissolution, the registrar of the association will be notified; and assets shall be entrusted to the best institution in terms of performance and closest to TAMPRO in terms of objectives.

Back to Top

ARTICLE 9: INDEMNITY

9.1 If any prosecution, action of legal suit be charged against any member of the Association, the Executive Committee thereof or the Board of Trustees of the Association for anything done by him/her in the proper and reasonable discharge of his/her duties, he/she shall be defended and indemnified by and at the cost of the Association from all damages, cost and expenses which may be incidental to or result from such prosecution, action or suit at law and the property and funds of the Association may be applied for this purpose.

Back to Top

ARTICLE 10: THE CONSTITUTION

10.01 The power to interpret this constitution shall be the prerogative of the General Assembly of the Association.

10.02 This constitution shall be amended by the General Assembly and voted by at least two thirds of all members who attended the meeting. Any proposal (s) for constitutional amendment shall be presented to the Executive Committee for discussion and recommendations prior to the General Assembly where the proposals will be presented. After discussion and recommendations, Executive Committee shall circulate these proposals and recommendations among the members for study at least 31 days before the General Assembly.

ARTICLE 11: OFFICIAL SEAL There shall be an official seal of the association bearing the name TANZANIA MUSLIM PROFESSIONALS ASSOCIATION (TAMPRO) to be affixed to all official/legal documents and shall be witnessed by at least two (2) Trustees.

This piece is taken from the website of the Tanzania Muslim Professionals Association.

See on-line at: http://tampro.tripod.com/katiba.html

The Fatal Flaw in the Draft Constitution Released by the Committee of Experts Led by Nzamba Kitonga – Hizb ut-Tahrir Media Office East Africa

H. 08 Dhu al-Hijjah 1430
M. 2009/11/25
No: 8/2009

PRESS STATEMENT

THE FATAL FLAW IN THE DRAFT CONSTITUTION RELEASED BY THE COMMITTEE OF EXPERTS LED BY NZAMBA KITONGA

On Tuesday, 17th November 2009, important documents were published in Kenya namely the draft constitution. This draft constitution released by the chairman of the Committee of Experts mandated to review the constitution, Nzamba Kitonga, was offered as a fresh start since there has been a vital quest for a new constitution for two decade. Many believe that enacting a new constitution will enable government institutions to perform efficiently thereby improving citizens’ welfare. However, despite those hopes, the draft constitution has not been spared an open struggle between the politicians of the two main parties, ODM & PNU, particularly over the issues of coordinating executive authority. This is only to be expected since capitalist politicians are motivated by self-interest thus they measure only how far a constitution will preserve their lofty position as occurred in the referendum over the previous ‘Bomas’ draft constitution that attempted to enact a new constitution. This split has broken the hearts of Kenyans who, as a matter of fact, have a great thirst for a new conducive constitution that will guarantee them a noble life.

While the citizens of Kenya have been given one month to read, consider, give their views and discuss this draft constitution, we in the Islamic party of Hizb ut-Tahrir East Africa having read and understood this draft wish to offer the following brief clarification: –

We understand that the citizens of Kenya have a great need for a conducive constitution since that is a vital document that defines the shape of the ruling system and forms a contract between the rulers and the citizens as well as being an expression of the ideology and values of the people that leads them in all spheres of life. However, which constitution is truly suitable for Kenyan citizens? This must be clarified. Islam as a comprehensive ideology has confirmed the great need for a constitution but clarified explicitly that the divine law revealed by the Creator (Allah Ta’ala) must be the basis of the constitution that guides His creation humanity not man himself to legislate his own laws. Men, even if they are experts or scholars of whatever degree, retain their inherent fallible human nature, limited minds that do not understand all things, influenced by their environment and possessing thoughts that differ and vary in life rather one’s own opinion may change one day to the next such that one is deemed good today becomes bad tomorrow and vice versa. The reality of manmade constitutions is that they will never be free of the need for reform since they cannot stand the test of time as is witnessed with respect to all manmade constitutions existing throughout the world. The current Kenyan constitution was enacted by the colonialists with their fallible minds but they thought it suitable yet in their weakness they could never comprehend today’s problems. What is surprising is that not even half a century has passed yet the current constitution has become outdated and we have been hearing the drumbeats of constitutional reform for twenty years now i.e. scarcely did any time pass before the deficiencies and flaws of the current constitution were exposed thus requiring reform. Based upon this reasoning, Hizb ut-Tahrir East Africa hereby states the simple truth that the drumbeat of constitutional reform shall never cease, generation after generation, as long as the constitution is devised by man, a naturally weak and fallible creature. If people truly want an enduring constitution suitable for all ages and peoples, they must refer to the Shari’ah revealed by the Creator via His Messengers and Prophets to deliver to humanity and particularly the Last Messenger to all mankind until the Day of Judgement, Muhammad (swalallahu ‘alaihi wa sallam).

We conclude our statement by exposing fatal flaw in the new draft constitution discovered by the members of Hizb ut-Tahrir East Africa which we strongly believe will be accepted by all rational persons who consider the issue profoundly: The basis of all constitutions in the world today is the capitalist creed of secularism which calls for the separation of religion of life i.e. separating the Creator of man, life and the universe from His creation humanity who need Him constantly even for their very breath! This corruption thought was devised by people who deny their Creator in their hearts though their mouths utter words claiming to be believers in God. Thus humanity arrogantly pretended to know more than the Creator, the Infallible, All-Able and Knower of all things who owns everything even our breath. What a fantastic and gross crime man committed in legislating a constitution, for who is more able to deliver a constitution that truly guides between us and Him? O creatures, what is wrong with you that you do not reflect so that you liberate yourselves from the shackles of manmade ideologies to the justice of the Shari’ah of Allah Ta’ala?!

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنْ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ

“Is it the rule of ignorance (jahiliya) that they wish? And who is better than Allah to judge for the people of conviction?!” [TMQ 5:50]

_____________________

Shaban Mwalimu

Media representantive

Hizb ut-Tahrir East Africa

Mob: +254(0737)606667

+254(0717)606667

This press release is taken from the Hizb ut-Tahrir website.

See on-line at: http://www.hizb-ut-tahrir.info/info/english.php/contents_en/entry_5709