PREAMBLE:
Whereas we leaders of Press Clubs in United Republic of Tanzania believe
that our cardinal duty is to serve the truth guided by the principle of
the public's right to information, and
Whereas we also believe that we have a duty and
responsibility to ensure enhance and defend freedom of the media, and;
Whereas in doing so we have to be guided by our
professional principles of accuracy, objectivity, honesty, fairness, decency
and independence.
NOW THEREFORE, we leaders of press clubs in Tanzania
do hereby form the Union of Tanzania Press Clubs, which is non profit,
independent and voluntary organization.
1. INTERPRETATION:
In this constitution, unless the context requires
otherwise.
"Board" means the Board of Directors of Union of Tanzania Press
Clubs
"Constitution" means this Constitution
establishing the Union of Tanzania Press Clubs and any schedule thereto.
"Executive Director" means the Executive
Director of the Union provided for under article 11 (i) of this constitution.
"Secretariat" means the Secretariat of
the Union established by article 11 (i) of this constitution.
"Special resolution" means a resolution
which can only be passed by a three-quarter majority of members attending
the MGM.
The "Seal" means the common seal of the
Union.
The "Union", means the Union of Tanzania Press Club
2. NAME: Union of Tanzania Press
Clubs (UTPC)
3. REGISTERED OFFICE: Anywhere within
the United Republic of
Tanzania
4. OBJECTIVES:
i). To facilitate the operations of the press
clubs in Tanzania
ii). To provide services to press clubs
iii). To organize and coordinate activities of
the press clubs
iv). To render services designed to ensure efficiency
and uniformity in the conduct of the business of its member clubs, by
standardizing their operational set-up.
v). To represent member clubs in collective bargaining
vi). To provide consultative services to member
clubs.
vii). To print, publish and circulate any newspaper
or newsletter or any other publication designed to foster or increase
interest in the objects of the member clubs.
viii). To seek and broaden the knowledge of the
club members by identifying training needs, coordinate training, research,
funding and scholarships, conduct seminars, workshops and organize exchange
programs in collaboration with member clubs.
ix). To establish links with other organizations
and societies involved in marshalling press freedom, fight against corruption,
poverty, HIV /Aids pandemic, violations of human rights and related
matters
x). To do any other thing which in its opinion
is connected with or ancillary to the above enumerated objects and aims.
xi). To promote, and maintain codes of ethics
for media professionals.
xii). To mobilize its members in fighting against
laws and regulations that infringe on the freedom of the press
xiii). To mediate and resolve problems and conflicts
of member press clubs.
5. RIGHT TO SUE AND OWN PROPERTY:
i) The Union shall have the capacity to sue and
to be sued
ii) The assets and liabilities of the Union shall be vested in and managed
by the Board of Directors.
6. MEMBERSHIP OF THE UNION:
Membership of the Union shall be open to all press
clubs established within the laws of the United Republic of Tanzania.
7. ASSOCIATE MEMBERS:
The Union shall accord the status of associate membership
to any professional association whose aims and objectives, complement,
support or relate to the Unions objectives.
8. MEMBERS' RIGHTS
Members of the Union shall have the following
rights:-
a) To vote and to be voted in Union's election
b) To freely express their opinions
c) To access financial and other Union reports
9. MEMBERS' OBLIGATIONS:
Members of the Union shall:-
a) Attend all Union meetings as per the constitution
b) Pay all Union's fees
c) Participate fully and actively in assisting Union leaders to attain
its objectives
d) Be faithful, loyal and dutiful to the Union
10. COMMENCEMENT AND CESSATION OF
MEMBERSHIP:
i) Any press club shall become a full member of
the Union from the date on which a relevant authority, registers it
under relevant law, unless that press club expressly in writing, declines
membership to the Union.
ii) Full members shall pay entrance fee of Tsh,
30,000/= and annual fee of Tsh. 20,000/=, Associate members shall pay
entrance and annual fees of Tsh. 25,000/= and Tsh. 20,000/= respectively.
iii) Associate members shall enjoy all other rights
and privileges as provided for by this constitution, except the right
to elect or be elected.
iv) Any organisation may cease to be member of
the Union at its own request, by being expelled, cessation of operation,
bankruptcy, winding or otherwise provided by the constitution and shall
have its name removed from the register of members.
v) Upon loosing membership to the Union, as provided
for by this Constitution, a member shall not be entitled to any of the
rights and privileges of such membership.
11. ORGANS OF THE UNION:
i) There are established as the principal organs
of the Union of Tanzania Press Clubs: Members General Meeting. (MGM);
a Board of Directors; the Secretariat; a Finance and Planning Committee
and Ethics and Training Committee.
ii) The MGM may establish any other committee
or committees whenever it deems necessary.
12. COMPOSITION AND POWERS OF MGM:
i) The MGM shall consist of all the members of
the Union and shall be the highest decision making body of the Union.
ii) The MGM shall have the following powers /
functions:-
a) To lay down general policy guidelines
b) Shall receive implementation and progress reports of the proceeding
period
c) Shall endorse the Union annual budget
d) Shall amend the Union Constitution by a special resolution
e) Shall authorize all projects
f) Shall elect the President, Vice President and members of the Board,
Training and Ethics, Finance and Planning Committees.
g) Shall expel any Union leader who contravenes this Constitution.
iii) One third of the Union's paid up members
may at any time requests an extraordinary MGM by notice signed by them,
specifying the object of the proposed MGM and deposit with the Executive
Director, and thereupon, the Board shall convene a extraordinary MGM
accordingly. If the Board without good cause, fails for thirty days
after such deposit to convene an extraordinary MGM in accordance with
the requisition, the requisitioning members may themselves convene that
extraordinary MGM to be held at any time within three months after such
deposit and bear the costs of the same thereof.
iv) At least twenty-one days' written notice shall
be given of a Members General Meeting and at least seven days' written
notice of an Extraordinary Members General Meeting. The notice shall
be sent by the Executive Director to all members eligible to vote.
PROVIDED that; MGM or extraordinary
MGM is called by shorter notice than that specified in this Article shall
be deemed to have been unduly called only because notice was given for
a shorter time than stipulated.
v) The accidental omission to give notice of Members
General Meeting to, or the non-receipt of a notice of by, any person
entitled to receive notice shall not invalidate the proceedings at any
MGM.
vi) At every MGM ordinary or extraordinary, every
member press club shall be represented by three delegates having three
votes, at least one of them shall be a woman. The Chairperson of the
MGM shall have a casting vote.
vii) Except for any purpose of which a Special
Resolution is expressly required by this Constitution, or by any regulation
made under this Constitution, all resolutions of the MGM shall be by
simple majority vote.
viii) No resolution of the MGM shall be altered
or rescinded within nine months after the passing thereof otherwise
than by a Special Resolution.
ix) The manner of convening the MGM and the procedure
thereat, shall, subject as hereinbefore expressly provided, be as may
from time to time be prescribed.
x) No business shall be transacted at any MGM
unless a quorum of members is present at the time when the MGM proceeds
to business, save as herein otherwise provided, 50% of members shall
be a quorum.
xi) The President of the Board of Director shall preside over the MGM
13. THE BOARD OF DIRECTORS:
a). The Board of Directors shall consist of a
President, Vice President, an Executive Director and 5 more members
PROVIDED that a minimum of one third (1/3) of the board members are
women.
b). With the exception of Executive Director,
who shall be ex-officio member of the Board and shall assume office
on the basis of special contract, the rest of board members shall be
elected by the MGM after every 3 years.
c). No press club shall have more than one representative
on the Board of Directors.
d). The President shall be the head of the Board
of Directors and shall chair all meetings of the Board and shall have
casting vote.
e). The Board of Directors shall once in every
3 years, convene the Union MGM. The MGM shall be held at such time and
place as the Board may decide.
f). The Board shall deal with all matters in respect
of membership.
g). The Board shall propose projects and working
committees
h). The Board shall work out implementation strategies
on MGM resolutions.
i). The Board shall mediate
and solve any problem/dispute of member press clubs.
14. REPLACEMENT AND DEVOLUTION OF
TENURE OF BOARD MEMBERS:
i) In case of death, resignation, step down, expulsion
before end of tenure of a Board member, the MGM may delegate its powers
to the Board to elect eligible candidate to fill in any vacancy resulting
from these contingencies or events.
ii). In exercising its powers under sub article
(i) of this Article, the Board may elect any eligible member to fill
in a vacant position provided that it may first consider a short list
of those candidates who vied for Board membership during MGM in accordance
with their score of votes.
iii). A Board member may serve for four consecutive
terms and he/she may be re-elected after lapse of one un-served term
15. THE SECRETARIAT:
i). The secretariat shall be the executive organ
of the Union, which shall be comprised of the Executive Director and
such other officers, and staff as may be deemed necessary by the Board.
ii). The Executive Director shall be appointed
on contract by the Board.
iii). The Executive Director shall be the principal
executive officer of the Union and shall be:
a) The head of the Secretariat;
b) The accounting officer of the Union
c) The Secretary of the MGM and the Board
d) The ex-officio member of every committee of the board; and
e) Carry out such other duties as are conferred upon him or her by
this Constitution or by the Board from time to time.
iv). The Executive Director shall serve a renewable
three-year term.
v). The Board shall determine the terms and conditions
of service of the Executive Director.
vi). There shall be such other officers and staff
in the service of the Union as the Board may determine.
vii). All Staff of the Secretariat shall be appointed
on contract and in accordance with staff rules and regulations and terms
and conditions of service of the Union
viii). The Board shall determine the salaries,
job design and other terms and conditions of service of the staff in
the service of the Union.
ix). The Secretariat shall be responsible for;
a) The initiation and implementation of programmes
in the most appropriate, expeditious and efficient ways of achieving
the objectives of the Union.
b) Management and running of day-to-day activities
of the Union in accordance with this Constitution and rules.
c) The Strategic planning, management and monitoring
of programmes for the development of the Union.
d) Liasing with stakeholders to make sure that
stakeholders participate in activities of the Union.
e) The general promotion and dissemination of
information on the Union to the stakeholders, the general public and
the international community.
f) Facilitation of interaction between the Union
and public, government, international organisations and other non-governmental
bodies.
g) The general administration and financial
management of the Union;
h) The implementation of the decisions of the
Board.
i) The organisation and the keeping of records of the MGM, Board meeting
and any other meetings of the organs of the Union;
j) The custody of the property of the Union;
and
k) Such other matters that may be provided for
under this constitution
l) For the purposes of paragraph (h) of this
Article, the Executive Director shall, where he or she is permitted
by this Constitution, act on behalf of the Union.
16. THE ETHICS AND TRAINING COMMITTEE:
a) The Ethics and Training Committee shall be
constituted by the Board of Directors among its members
b) It shall have 3 members
c) It shall deal with matters relating to training
and ethics of the Union members
17. THE FINANCE AND PLANNING COMMITTEE:
a) The board from amongst its members shall constitute
the Finance and Planning Committee
b) Members of the committee shall not be more
than four
c) The Committee shall ensure that the Union's
finances and affairs are managed in keeping with this Constitution and
Rules of Procedure of the Union.
d) Members of the Committee shall design projects
aimed at generating income for the Union, provided that those projects
are submitted to the Board for approval.
18. MINUTES AND REPORTS:
i) The Board of Directors shall cause proper minutes
of all Members General Meeting, all meetings of the Board and of committees
appointed by the Board, to be taken and recorded; and shall make all
such minutes available for inspection by any member of the Union at
any reasonable time on demand.
ii) At every MGM, the Board of Directors shall
present to the Union full report of the activities of the Union.
19. FINANCE PROVISIONS:
a). The Union shall accept funds from any legitimate
source whatsoever; provided the same is not contrary to the objectives
and principles governing the Union.
b). The Union's sources of funds shall be, but
no limited to, stakeholders fees and contribution; fees from arbitration
proceedings; donations and from legitimate local and foreign sources;
sale of the Union's publication and consultancy.
c). The funds received or generated by the Union
shall be applied solely to the activities of the Union.
d). The Executive Director shall prepare an appropriate
annual budget for the approval of the Board, which budget shall make
provision for all the estimate expenditure of the Union of the relevant
financial year and for reserve funds for contingent liability.
e). The Board of Directors shall cause proper
accounts of all funds, property and assets of the Union to be kept and
to be audited as on the 31st day of December in every year. The Board
shall present the audited accounts to the MGM.
20. COMMON SEAL:
The Board shall provide for the safe custody of
the seal which shall only be used by the authority of the Board or of
a committee of the Board authorised by the Board in that behalf, and every
instrument to which the seal shall be affixed shall be signed by a member
of the Board and shall be counter-signed by the Executive Director or
by a second member of the Board or by some other person appointed by the
Board for the purpose.
21. CESSATION OF MEMBERSHIP TO THE BOARD OF DIRECTORS:
A member of the Board of Directors shall cease to
be a member upon death, resignation and suspension on disciplinary grounds
and failure to attend the Board meetings at 3 consecutive meetings without
a valid excuse.
22. ALTERATION OF THIS CONSTITUTION:
Alteration of this constitution shall require the
approval of two thirds of members attending the MGM
23. DISSOLUTION OF THE UNION:
The Union may at any time terminate its existence
if it appears to the members that the Union has outlived its usefulness.
A resolution to dissolve the must be passed at an extraordinary MGM called
for the purpose, by a two-thirds majority of all bona fide members of
the Union.
24. DISPOSAL:
Assets and liabilities of the dissolved Union shall
be disposed as the Board of Directors deems fit; PROVIDED that no assets
of the Union shall be disposed or appropriated as dividends, gifts or
entitlements to individual members for personal use or advantage.
25. SEAT OF THE UNION:
The seat of the Secretariat will be in Mwanza
26. COMMENCEMENT OF THIS CONSTITUTION:
This Constitution shall commence the moment it is
passed and adopted by the Members General Meeting and any amendments to
the Constitution of the Union and schedules thereto shall apply mutatis
mutandis come into force immediately after their adoption.
