Constitution

YZERFONTEIN NEIGHBOURHOOD WATCH

Vision
To live a life of well-being in a safe and secure town.

Mission
The Neighbourhood Watch must establish a structured environment within which the community can organise itself into well-being and safety and security in support of and in coordination with the SAPS, Law Enforcement and community organisations.

Aim
To create a safe and secure Yzerfontein.

Objectives
1.  To establish a functional command and control system market and promote the NBHW optimally.
2.  To refine and implement the operational concept optimally within the context of Yzerfontein. This include:

a.  All residents and visitors
b.  Vulnerables
c.  Department of Agriculture, Forestry and Fisheries
d.  Rural area

3. To facilitate an environment of wellbeing and community proudness.
4. To expand the membership of the Yzerfontein Neighbourhood Watch.

Membership
1.  Membership of the NBHW shall be open to all persons over the age of 18 years who want to exercise their civic duty.
2.  Membership is based on the principles of non-racialism, non-sexism and democracy and must be open to all irrespective of race, colour, religion, disability, age or sexual orientation.
3.  Membership shall be open to all who reside in the area of Yzerfontein or have direct business or interest in the area.
4.   The Yzerfontein Neighbourhood Watch has a fixed membership fee. The payment of such money is voluntary at all times and may not be enforced.
5.   A membership Register will be kept by Management and updated regularly . The register must contain the name, address, identity number and telephone details of the members.  The register must also contain the Indemnity Forms and Code of Conduct signed by the members.

Identity Cards
1.  The active operational members of Yzerfontein Neighbourhood Watch must have identity cards.
2.  The identity cards of members must not be similar to that being used by the members of the South African Police Services.
3.  The identity cards of members must have the most recent photograph of the member, his or her name, identity number and the holders legible signature thereon.

Indemnity
Yzerfontein Neighbourhood Watch is not a legal person and shall function within the guidelines as provided and set out in the Western Cape Provincial Constitution and Code of Conduct for Neighbourhood Watch Structures.
An acknowledgement, clearly indemnifying the Neighbourhood Watch shall be signed by all members of the Yzerfontein Neighbourhood Watch.

Liability
1. Yzerfontein Neighbourhood Watch is not a legal person and therefore it has no judicial powers to act or respond to judicial action.
2. Each member of Yzerfontein Neighbourhood Watch only works within his / her rights as a private person and is liable in that capacity.
3. Yzerfontein Neighbourhood Watch shall not be responsible for civil and or criminal actions or omissions that are perpetrated by a member.
4. All and any criminal and civil actions that are instituted against a member of Yzerfontein Neighbourhood Watch shall be against the member concerned and not the neighbourhood watch structure.

Accountability
Yzerfontein Neighbourhood Watch will, in the first instance be accountable to the South African Police Service and then to other functional structures (such as community police forum) to which it is affiliated to.

Functions
1. Yzerfontein Neighbourhood Watch must assist the South African Police Service in so far as crime prevention in Yzerfontein is concerned.
2. Yzerfontein Neighbourhood Watch shall adopt and support the crime prevention strategy of the Police.
3. Yzerfontein Neighbourhood Watch must operate within the framework of the Law.
4. Members of Yzerfontein Neighbourhood Watch shall have powers, similar to that of any other citizen, to perform a citizen’s arrest. (In performing a citizen’s arrest, the requirements set out in the Criminal Procedure Act No. 51 of 1977 annex hereunto, shall be adhered to and complied with at all times and under all circumstances irrespective the nature thereof).

Logos and Letterheads
1. Yzerfontein Neighbourhood Watch may design and use its own logo, and a letterhead complementing its stated vision and mission. Such a design shall not be found to be offensive, insulting, misdemeanour and annoying to the public. Such design shall not bring the Community Police Forum and the South African Police Service in disrepute.
2. Yzerfontein Neighbourhood Watch should not use the same logo or letterhead similar to that of the South African Police Service.
3. Yzerfontein Neighbourhood Watch may use the logo and letterhead of the local Community Police Forum subject to obtaining written consent of the executive committee of the local Sub-community Police Forum of Yzerfontein.

Resolution of Disputes
1. If any dispute arises, the local Yzerfontein Sub-community Police Forum must attempt to resolve such dispute.
2. Should it be found that the local Yzerfontein Sub-community Police Forum can not resolve the dispute, the dispute shall be referred to the Area Community Police Board.
3. Failure to resolve such dispute will lead to the dispute being taken to the Provincial Community Police Board, whose decision shall be final and binding.

Use and Control of Funds and Assets
1. Yzerfontein Neighbourhood Watch shall and will remain a non profit-making organisation.
2. Yzerfontein Neighbourhood Watch shall keep proper accounting records that accurately reflects all its income and expenditure, assets and liabilities.
3. The neighbourhood watch structure shall have its financial accounts reviewed annually and where possible have such audited.
4. Yzerfontein Neighbourhood Watch will be allowed to launch fund-raising campaigns to promote its stated aims and objectives.
5. Funds acquired from other sources shall be controlled and administered by Yzerfontein Neighbourhood Watch.
6. A decision to embark on such campaigns, must be reached in consultation with the Yzerfontein Sub-community Police Forum and the Darling South African Police Service.
7. All government funding must be controlled by Yzerfontein Sub-community Police Forum and Darling South African Police Service.
8. If the annual income of Yzerfontein Neighbourhood Watch exceeds R500.00, the Executive Committee shall ensure that all funds be deposited in a registered neighbourhood watch structure’s bank account, with a banking institution registered and recognized by the South African Merchant Bank act No 90 of 1994.
9. Yzerfontein Neighbourhood Watch Management Committee shall ensure that a person or a member of the Management shall be appointed as a custodian of the equipment. The prime function of this portfolio shall be upon handing over in the event of dysfunctionality / changing of office / changing of portfolios.
10. A fully completed inventory signed by the Trustee shall be filed by the Chairperson of the Neighbourhood Watch.

Dissolution of Yzerfontein Neighbourhood Watch Structure
1. Yzerfontein Neighbourhood Watch may be dissolved by a majority vote of a duly constituted meeting. This meeting may take place under the chairperson of the local Sub-community Police Forum or an independent person decided upon.
2. Reference to the mandate shall be made and duly recorded.
3. Yzerfontein Neighbourhood Watch shall invite Yzerfontein Sub-community Police Forum, the Station Commissioner Darling South African Police Service Headquarters and a representative from the Department of Community Safety to be present at the meeting.
4. Subject to the above, the Yzerfontein Sub-community Police Forum shall become the custodian of all assets, funds and documentation pertaining to the neighbourhood watch structure.
5. The Yzerfontein Sub-community Police Forum shall immediately cancel the mandate as recorded, that the neighbourhood watch structure holds with the banking institution.
6. Upon complying with clause (5) hereof, the Yzerfontein Sub-community Police Forum shall with immediate effect appoint members from its executive as signatories to the said banking account/s.
7. The Yzerfontein Sub-community Police Forum shall hold all funds and assets in trust until such time that the community organized themselves again in a Neighbourhood Watch.
8. In the interim the Yzerfontein Sub-community Police Forum shall sustain any and all current project/s and attend to the administration of the dissolved neighbourhood watch structure including the payments to creditors, if any.
9. If after the agreed time period for restructuring of the neighbourhood watch structure and all efforts to the effect has failed, the Yzerfontein Sub-community Police Forum may donate the assets of the dissolved neighbourhood watch structure to an organization which shall include a neighbourhood watch with similar aims and objectives as that of the dissolved neighbourhood watch structure.

Dysfunctional Neighbourhood Watch Structure
1. Yzerfontein Neighbourhood Watch may be declared dysfunctional by consensus reached with the neighbourhood watch structure, the Yzerfontein Sub-community Police Forum, the Darling Station Commissioner of the South African Police Service and a representative of the Department of Community Safety.
2. Subject to the above all interest shall vest in the Yzerfontein Sub-community Police Forum who take control of all and any projects pending and engaged upon by Yzerfontein Neighbourhood Watch concern. The Yzerfontein Sub-community Police Forum shall administer the funds and cover all creditors if any.

Amending The Constitution and Code Of Conduct
The Minister of Community Safety in the Western Cape may and shall amend the constitution and code of conduct by means of appointing a committee consisting of representatives from the Department of Community Safety, the South African Police Service – Western Cape, the Provincial Community Police Board, the Neighbourhood Watch Structure, and any person he/she may so deem fit.

Definitions
“Neighbourhood Watch structure”: This shall be an all–encompassing phrase and shall include individual neighbourhood watches as well as neighbourhood watch associations and other structures such as the street committees, street watches, block watches, farm watches, business watches, flat watches and any neighbourhood watching activity deemed to be related to the definition as set out herein.

“Neighbourhood Watch”: Shall be a group of individuals resident in the area or businesses wherein the neighbourhood watch activity is being conducted.

“Recognition”: This prescribes the process that precedes recognition whereby the details of a neighbourhood watch structure, being:

a. the names and contact details of the committee members,
b. it’s membership,
c. it’s constitution,
d. it’s code of conduct, and
e. financial statements

shall be recorded with the local Sub-community Police Forum and the local South African Police Services. In cases where the Community Police Forum is not in existence or is not active, this will be done by the South African Police Services.

“Affiliation to local Sub-community Police Forum”: This shall be the official representation of the neighbourhood watch structure in the area. In the absence of a community police forum such official representation will be through the local Station Commissioner of the South African Police Services.

“Official”:This implies that a structure has been registered and is recognized accordingly.

“Non – political”: Implies that the neighbourhood watch structure should not be affiliated to any political organization, and also must not do any work or give the perception in regards to being politically aligned with a, or any political organization.

“Non – sexist”: This implies that the neighbourhood watch structure must not discriminate on the grounds of sex, gender or sexual orientation.

“Dangerous Weapons”: As defined by The Dangerous Weapon Act No 71 of 1968, Shall mean… “any object, other than a firearm, which is likely to cause serious bodily injury if it were used to commit an assault.”