Policies Policy

Approved at Meeting

29 March 2023

Last Review

29 March 2023

Next Review By

31 March 2024

Relevant Legislation

Nonprofit Organisations Act, 1997

Public Holidays Act, 1994

Purpose

The board has the responsibility to ensure legal compliance and protection of the organisation.  Because board members are not directly involved in the day-to-day running of Sparrows, policy assists legal compliance when implemented by the Executive Director, employees or volunteers of Sparrows, who must follow policies sanctioned by the board.

Policy

  1. When policies are formulated:
    1. "and/or" means whichever of a series of conditions are met apply.
    2. "at least" includes the week, day, time or value on which the condition starts.
    3. "at most" includes the week, day, time or value on which the condition ends.
    4. "board" means the group of Sparrows members elected as office-bearers as defined in the Nonprofit Organisations Act, 1997
    5. "business day" means any day from Monday to Friday between 8:00 and 17:00, excluding public holidays declared under Public Holidays Act, 1994.
    6. "business week" means any five consecutive calendar days which include business days.
    7. "calendar day" means any day from Monday to Sunday.
    8. "calendar week" means any seven consecutive calendar days starting on a Monday.
    9. "chairperson", unless otherwise specified, means the person elected by the Sparrows board as chairperson of the board
    10. "clause" means part of a document that can be referenced with alpha-numerical numbering.
      1. In relation to the Sparrows Constitution or a policy, "clause" is preferred.
      2. In relation to law, "section" is preferred.
    11. "from" includes the week, day, time or value on which the condition starts.
    12. "may" means discretionary.
    13. "month" means any calendar month from the first day until the last day of that month.
    14. "must" means compulsory.
    15. "secretary", unless otherwise specified, means the person elected by the Sparrows board as secretary of the board
    16. "section" means part of a document that can be referenced with alpha-numerical numbering.
      1. In relation to the Sparrows Constitution or a policy, "clause" is preferred.
      2. In relation to law, "section" is preferred.
    17. "to" includes the week, day, time or value on which the condition ends.
    18. "treasurer", unless otherwise specified, means the person elected by the Sparrows board as treasurer of the board
    19. "vice-chairperson", unless otherwise specified, means the person elected by the board as vice-chairperson of the board
    20. "within" includes the week, day, time or value on which the condition starts and ends.
    21. "until" includes the week, day, time or value on which the condition ends.
  2. All policies must comply with the laws of the Republic of South Africa, or the laws of the country in which an office of Sparrows operates, as well as the Sparrows Constitution.
    1. The law takes immediate precedence when a conflict is confirmed by the chairperson between the Sparrows Constitution or a policy and law.
    2. The clauses of the Sparrows Constitution or a policy not in conflict with the law remain valid.
    3. A board member, employee or volunteer who suspects a conflict between the Sparrows Constitution or a policy and law must report it to the chairperson.
    4. Any other person who suspects a conflict between the Sparrows Constitution or a policy and law may report it to the chairperson.
    5. The chairperson must investigate the validity of any suspected conflict within five business days of receiving a report.
      1. The chairperson must communicate his/her finding in writing to the person who reported the suspected conflict within five business days of making a finding.
      2. If the chairperson confirms a conflict, he/she must initiate a review of the Sparrows Constitution or policy.
    6. The Sparrows members must amend the clause or clauses of the Sparrows Constitution confirmed to be in conflict with the law at the next Annual General Meeting.
    7. The Sparrows board must amend a policy confirmed to conflict with the law within three months of confirming the conflict.
  3. A policy is only valid if:
    1. The policy is in writing; and
    2. board members have reviewed relevant legislation where applicable and are satisfied that the policy complies with legal requirements; and
    3. the policy was sanctioned by a majority of board members in person or by electronic voting; and
    4. the outcome is recorded in the minutes of the board meeting where the policy was sanctioned or the next board meeting if electronic voting was used; and
    5. the policy is signed by the chairperson and secretary; or
    6. the policy is signed by a majority of board members, which must only be done if the chairperson or secretary is unable or unwilling to sign a policy.
  4. The signature of the chairperson and secretary on a policy:
    1. certifies that the policy is sanctioned by a majority of the board in terms of Clause 3; and
    2. does not signify agreement or disagreement with the policy; and
    3. must not be withheld for any reason other than the policy not being sanctioned by a majority of the board in terms of Clause 3.
  5. Ethical or moral objections to statutory policy clauses may be recorded in the minutes of any meeting at the request of the person objecting but does not exempt that person from implementing the policy if that person is a board member, employee, or volunteer.
    1. Any person who has ethical or moral objections to a statutory policy clause may lobby their elected representative in the appropriate legislature for a change in the legislation.
  6. Ethical or moral objections to discretionary policy clauses may be recorded in the minutes of any meeting at the request of the person objecting but does not exempt that person from implementing the policy if that person is a board member, employee, or volunteer.
  7. Any person may request in writing that a policy be created, clarified, amended, or revoked through:
    1. The Executive Director, if that person is a member of the public, an employee, or a volunteer.
      1. The Executive Director must liaise with the chairperson if the request has merit.
      2. The chairperson may include the request on the agenda for discussion at any board meeting.
    2. The chairperson if that person is a board member.
      1. If the request is received at least twenty-one days before the meeting, the chairperson must include the request on the agenda for discussion.
      2. If the request is received after twenty-one days before the meeting, the chairperson may include the request on the agenda for discussion; or
      3. the chairperson must include the request on the agenda for discussion at the following board meeting.
  8. When drafting a policy or policy amendment for consideration:
    1. Relevant legislation and regulations must be identified and applied.
    2. Relevant Codes of Good Practice, Practice Notes and Interpretation Notes must be identified and consulted.
    3. The following may be considered:
      1. Green papers, which are initial discussion documents intended to become Bills and subject to change.
      2. White papers, which are advanced discussion documents intended to become Bills and subject to change.
      3. Bills, which are draft Acts and subject to change.
  9. New policies must:
    1. be in writing; and
    2. have a clear, distinctive purpose; and
    3. follow the numbering format of this policy; and
    4. number each point separately; and
    5. provide additional definitions where necessary; and
    6. reference the Acts, sections and regulations that clauses relate to.
  10. Constitutional or policy amendments must:
    1. be in writing; and
    2. identify and address a single policy; and
    3. follow the numbering format of this policy if more than one clause is affected; and
    4. identify the specific clause in the policy that requires amendment; and
    5. specify the reason for the amendment; and
    6. specify the proposed alternative clause, if any.
  11. A proposal to revoke a policy must:
    1. be in writing; and
    2. identify and address a single policy; and
    3. specify the reason the policy should be revoked
  12. A request for clarification must:
    1. be in writing; and
    2. identify the policy or policies in question; and
    3. specify which clauses require clarification; and
    4. specify what is unclear about the clauses; and
    5. be submitted through the Executive Director if the person requesting clarification is a member of public, an employee, or a volunteer; or
    6. be submitted through the chairperson if the person requesting clarification is a board member; and
    7. be responded to in writing within five business days.
  13. Reviews of existing policy documents must:
    1. be conducted annually by the board before the start of the financial year; and
    2. include a review of all supporting documents and legislation on which the policy is based.