Zambia Association of Musicians Constitution
- Name
0.1 The name of the Association shall be the Zambia Association of Musicians, herein referred to as ‘’the Association ‘’.
- ADDRESS
0.1 Unless otherwise revised the address of the Association shall be private Bag 290XRW LUSAKA and Registered Office shall be at a prescribed place to be determined by the National Executive Committee of the Association.
- OBJECTIVES
0.1 The objectives of the Association shall be;
- To promote the development of Zambian musicians, locally and those in the Diaspora, and the music industry in Zambia.
- To encourage and promote the development of the indigenous forms of Zambia music.
- To mobiles resources in order to sustain the Association activities.
- To enhance the standards of music through the establishment of bursaries and music resources centers throughout the country.
- To advocate for and support the teaching of music in all Zambian schools and other formal and informal recognized institutions.
- To co-operate with other relevant bodies, local and foreign, in achieving theassociations objectives.
- To exploit the cultural and the tourism potential of the music industry.
- To provide mechanisms for the resolution of conflicts through a code of conduct.
- To promote integrity, good ethical standards and professional conduct in the music industry.
- To participate actively in the protection of intellectual property and the fight against music piracy through collaboration with Government security wings and other relevant institution.
- To advocate, lobby and campaign on issues of interest to Zambian musicians.
- To undertake such legal activities as the laws of Government of the Republic of Zambia.
4 MEMERSHIP
0.1 Membership of the Association shall be open to all Zambians interested in the promotion of music upon acceptance of their application by relevant committees of association
0.2 There shall be six (6) categories of membership.
(a) Individual membership: this shall be open to individual practicing music in Zambia.
(b) Group membership: this shall be open to bands and musical groups practicing music in Zambia.
(c) Associate membership: This shall be open to institutions involved in the support of music industry; e.g. Colleges and Schools teaching music.
(d) Corporate membership: This shall be open to companies and institutions directly involved in the business of music production; Record labels, recording studios, Music marketing companies etc.
(e) Temporary membership: This shall be granted to visiting musicians for a specified period.
(f) Honorary membership: The national executive committee shall have authority to confer honorary membership on eminent personalities it shall deem fit. A person so honored shall be exempted from paying any fees and shall be given a membership card but shall not be eligible to vote or stand for elective office.
The categories of membership shall have different membership fees and the NEC shall determine this from time to time.
Foreign musicians so wishing to be members shall be accepted upon presentation of valid residential and work permits and shall be subjected to either temporary or permanent membership as the validity of their permits shall specify.
All applications for membership shall be made on appropriate forms and shall be accompanied by 3 passport size photographs of applicant and appropriate subscription fees determined by the National Executive Committee from time to time.
Membership shall be renewed annually by 31th March of that financial year.
Membership renewal that remains unpaid by this date shall be considered lapsed and shall attract a penalty to be determined by the NEC from time to time.
Where the subscription remains unpaid for 6 (six) months or more, the membership shall automatically cease and such a member shall be required to re-apply for membership.
ORGANISATIONAL STRUCTURE
The Organizational structure of the Association shall be:
- The Biennial Conference
- The annual general meeting
- The National Executive Committee
- Provincial Executive Committees
- District Executive Committees
- BIENNUAL CONFERENCE shall be:
0.1 The supreme policy making of the Association
0.2 Composed of the National Executive Committee, 3 officials from each Provincial committee ( the Chairperson, the Secretary General and the treasurer), and two general members from each province. These shall constitute the Electoral College.
0.3 The business of the Biennual shall be:
(a) To receive reports from the provincial committees
(b) To review past work of the Associations
(c) To plan future tasks for the Association
(d) To reveal all appeal cases and
(e) To elect members of the National Executive Committee
0.4 The Biennual Conference shall be held in the third week of January after every two years.
0.5 One half of the expected delegates shall form a quorum.
- ANNUAL GENERAL MEETING (AGM) shall be:
0.1 The second highest governing board of the association in the period between the Biennual Conference.
0.2 Composed of the National Executive Committee, 3 officials from each provincial Committee (The Chairperson, The Secretary General and Treasurer), and shall be open to all fully paid up members at their own cost.
0.3 Two thirds of the expected delegates shall form a quorum.
0.4 The AGM shall receive administrative and financial reports from both NEC and provincial committees.
0.5 The AGM shall give instructions to the Executive committee for proper conduct of the Association business and shall have power to add, amend or vary rules subject to ratification by AGM.
- EXTRA ORDINARY CONFERENCE
0.1 An extra ordinary conference shall be called by the National Executive Committee or at the request of not less than one third of the total number of fully paid up members, to deal with specific cases and transact specific business.
0.2 It shall be composed of the National Executive Committee, 3 officials from each provincial Committee(The Chairperson, The Secretary and then treasurer), and 2 general members from each province. These shall constitute the Electoral College.
The extra ordinary conference shall be open to all fully pay up members at their own cost. They shall be Permitted to take part in all deliberations but they shall not be part of the Electoral College.
The extra ordinary conference shall have powers to suspend, remove any office bearers be they are executive committees members, general members or employees of Association, if such persons are guilty of negligence, dishonesty, inefficiency, incompetence, refusal or failure to carry out legitimate decisions of the association or conduct prejudicial to the interest of Association or other reasonable ground (s) warranting such action.
Not less than 21 (twenty one) days’ notice shall be given for the convening of an Extra Ordinary Conference.
THE NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee shall be responsible for conducting the affairs of the Association.
The committee shall comprise of the following.
(a) Chairperson
(b) Vice Chairperson
(c) General Secretary
(d) Deputy General Secretary
(e) Treasurer
(f) Publicity Secretary
(g) Projects Secretary
(h) Research and Documentation Secretary/ Assets.
Duly elected Executive members shall hold office for two years and shall be eligible for re-election. The Chairperson shall serve for two terms only and shall be eligible for re-election only after resting for a full term.
The National Executive Committee shall have power to co-opt any fully paid member to fill a casual vacancy, including vacancies created by passing of a a vote of no confidence until the AGM.
A quorum of 5 members of the National Executive Committee shall be required to fill such a vacancy.
The National Executive Committee shall have authority to propose and carry out any business aimed at fulfilling the objectives of the Association including resolutions of the AGM or the Extra Ordinary Conference.
A quorum of the National Executive Committee shall have authority to with reference to the Associations Code of conduct, discipline any member of the NEC found guilty of:
(a) Financial Impropriety
(b) Conduct like to bring the Association into dispute.
0.8 The disciplinary action so taken shall include suspensions and any member or members so affected shall be given an opportunity to exculpate themselves prior to the disciplinary measures being ratified by the AGM.
- DUTIES OF THE NATIONAL EXECUTIVE COMMITTEE
0.1 THE CHAIRPERSON shall:
(a) Superintend the activities of the association and shall ensure observance of the constitution by all members of the association.
(b) Preside over all meetings of the National Executive Committee, the annual general meeting and the biannual conference, and shall be responsible for the proper conduct of business at all such meetings.
(c) In conjunction with the General Secretary, sign and date minutes of every meeting which he presides at the time they are being confirmed.
(d) Unless prevented by illness or other good reasons, head all Association delegations at meetings with government and other relevant bodies.
(e) Be a signatory to the association accounts.
(f) Have a casting vote.
0.2 THE VICE CHAIRPERSON
(a) shall assist the Chairperson generally and shall act as chairman in the absence of the substantive chairman.
(b) Shall be responsible for the meetings and work of committees of the association.
(c) Shall undertake any other duties so assigned by the NEC.
0.3 THE GENERAL SECRETATARY
(a) Shall be responsible for the general administration of the association including correspondence. He shall be responsible for the proper maintenance of all records and documents belonging to the association.
(b) Shall, in consultation with the chairman, prepare notifications and agenda for NEC meetings, the Annual general meeting and the biennual conference
(c) Shall supervise all administrative staff of the association and shall be responsible to the chairperson and the NEC for the day to day, running of the associations office.
(d) Shall be a signatory to the association’s accounts.
(e) Shall be the secretary at all NEC meetings and the Annual general meetings.
(f) Shall carry out such other duties as may be consistent with the recognized duties of the General Secretary and may with the consent of the NEC, act on behalf of the Association.
THE DEPUTY GENERAL SECRETARY
- Shall assist General Secretary generally and shall act as general secretary in the absence of the substantive General Secretary.
THE TREASURER
- Shall be responsible for safekeeping and accounting of the finances of the Association and records so kept shall be made available for inspection by members of the NEC, general members and officers of the National Arts Council.
- Shall keep the inventory of all the Associations property.
- Shall supervise the financial activities of provincial committees.
- Shall prepare the annual budget and present it to the NEC, AGM and Biennual Conference.
THE PUBLICITY SECRETARY
- Shall be the official spokesperson of the association.
- Shall be responsible for the adequate publicity of all the associations programs and events .
- Shall be the editor of the association magazine.
THE PROJECT SECRETARY
- Shall be responsible for the coordination of all the association projects.
- Shall ensure that all reports, narrative and financial are made available to relevant authorities in good times.
- Shall perform other duties as may be assigned by the NEC from time to time.
THE RESEARCH & DOCUMENTATION SECRETARY
- Shall be responsible for the coordination of research and documentation of the association programmes and activities.
- Shall administer the association database.
- Shall co-ordinate the activities of the National Resource centers.
- Shall perform any other duties as may be assigned by the NEC from time to time.
PROVINCIAL COMMITTEES
- Provincial committees shall be established in all provinces of the Republic of Zambia.
- Provincial committees shall report to the National Executive Committee and shall consist of:
- Vice Chairperson.
- Vice Secretary.
- Publicity Secretary.
- Project Secretary.
- Research and Documentation Secretary.
- Provincial committees shall carry out the duties of the NEC at provincial level and shall additionally;
- Recruit new members and issue membership cards.
- Remit the determined percentage of membership fees to the association head office.
- Hold provincial elections under supervision of the NEC every two years before the Biennual Conference.
- Organise meetings, fundraising activities, workshops and any such activities deemed fit by the provincial membership.
- Contribute news item to the association magazine.
- Refer cases of labour or any dispute to the NEC and perform all such duties as shall be deemed fit from time to time
- DISTRICT COMMITTEES
0.1 Shall be established in all districts of the republic of Zambia where there are twenty or more members.
0.2 District committees shall report to the Provincial committees and shall consist of:
(a) Chairperson
(b) Vice Chairperson
(c) Secretary
(d) Vice secretary
(e) Treasurer
(f) Publicity secretary
(g) Project Secretary
(h) Research and Documentation Secretary
0.3 Districts committees shall carry out the duties of the NEC at District level and shall additionally:
(a) Recruit new members.
(b) Hold district elections under supervision of the provincial committees every two years BEFORE THE PROVINCIAL ELECTIONS.
(c) Organise meetings, fundraising ventures, workshops and any such activities deemed fit by the district membership.
(d) Contribute news item to the Association magazine.
(e) Refer cases of labour or any dispute to the provincial committees and perform all such duties as shall be deemed fit from time to time.
- DISCIPLINARY COMMITTEE
0.1 There shall be a national disciplinary committee, elected by the AGM that shall hear and determine disciplinary cases in the association.
0.2 The disciplinary committee shall consist of 5 (five) members independent of the NEC who shall elect the chairperson and secretary from among themselves.
0.3 The committee may co-opt persons with legal background to assist it with its work.
0.4 The disciplinary committee shall hear all disciplinary cases referred it by the NEC, Provincial Committees, and AGM or Extra Ordinary General meetings.
0.5 The disciplinary committee shall base its ruling on the associations Code of conduct.
0.6 Unless otherwise revised by the AGM, decisions of the Disciplinary Committee shall be binding to all members.
- AFFLIATION
0.1 The Association shall be an affiliate of the National Arts Council and the National Executive Committee shall have authority to affiliate Association to other relevant Organisations within and outside the Republic of Zambia.
- VOTING
0.1 Only fully paid up members shall have a right to vote and stand for any office of their choice.
0.2 Voting shall be conducted by secret ballot and shall follow the principle of one person one vote.
0.3 The NEC shall appoint independent electoral officers and supervisors to conduct elections at the Biennual Conference.
- FUNDS
0.1 Funds of the Association shall be secured from:
(a) Subscription
(b) Membership fees
(c) Levies
(d) Loans
(e) Grants
(f) Any legal fundraising ventures.
0.2 All funds so sourced shall be used solely to promote the objectives of the Association in line with the budgets and activities approved by the AGM or Biennual Conference.
0.3 All investment shall be sanctioned by the AGM or Biennual Conference.
0.4 All grants received shall not be diverted for any purpose other than the intended and formulated purpose.
0.5 The Biennual Conference shall determine levies to be paid by the membership.
0.6 Funds may either be kept in such banking accounts or may otherwise be kept deposited or invested in such manner as the NEC may from time to time deem fit and NEC shall have power to transpose or vary any such deposit or investment of the Association.
0.7 All monies shall be banked in a commercial bank (s) and the treasurer shall be the principle signatory to sign with Chairperson or General Secretary.
0.8 The treasurer shall keep records of financial transactions and submit them at NEC meetings, AGM, Biennual Conference and Extra Ordinary Conference. The records so kept shall be open for inspection to the general membership and all relevant authorities.
0.9 Association funds shall not be lent to any member whatsoever.
- EMPLOYEE`S SALARIES & ALLOWANCES
0.1 The NEC shall have power to engage any person (s) for specialized duties and to fix their salaries and remunerations.
0.2 The NEC shall sanction salary increments and other benefits to be accorded to such employees (s)
0.3 Subjects to availability of funds, sitting allowances determined by the biennual conference of the AGM shall be paid to NEC members. The same shall apply for provincial and districts committees.
0.4 The association shall meet travel, board and lodging costs of NEC members on association business outside their homes. This shall apply when funds are available.
- DISSOLUTION
0.1 Dissolution of the association shall be by full quorum of the Biennual or Extra Ordinary Conference.
0.2 Upon been dissolved, the treasurer shall dispose of goods and property and draw all monies in the banks to pay all financial obligations and the remainder shall be surrendered to the National Arts Council, or as shall be decided by the Biennual or Extra Ordinary Conference.
0.3 Any such monies that shall be surrendered shall be accompanied by a comprehensive report.
- AMENDMENTS
0.1 Any of these rules may be amended, varied or repealed by majority vote of the Biennual Conference or an Extra Ordinary Conference.
0.2 A motion for amendment of such a rule shall be notified to all delegates not less than 21days before the holding of such conference.
0.3 Any such rule whether added to, varied or amended shall only take effect 48 (forty eight) hours after adoption and shall be binding on all members.
- ACKNOWLEDGEMENT
The process of developing this revision
- CECILIA MWAPE; Copperbelt
- VICTOR KASOMA KUNDA; Copperbelt
- C MEKUNTA; Copperbelt
- JEFFRY CHILIMWENE; Copperbelt
- BEN PHIRI; Copperbelt
- KHUZWAYO CHISI; Lusaka province
- ALLAN MATAKALA; Lusaka province
- FRED KAKKI; Southern province
- SANGULUKANI BANDA; Southern province
- MORRIS MWAPE; Southern province
- HARRISON MAMBO; Central province
- ISAAC TAPUTAPU; Central province
- VICTOR MULOGONTI; Central province
- MATHEW MWAPE; Luapula province
- NATHAN MUMBA; Eastern province
- PETER CHIRWA; Eastern province
- RICHARD PHIRI; Eastern province
- SIMON MKANDAWIRE; Eastern province
- ZIGGY MAPEPA; North-Western province
- KENNETH MUSONKO; North-Western province
In the presence of:
The ZAM caretaker Committee
- AUGUSTINE LUNGU; NATAAZ
- RICHARD MWANZA; ZAPOTA
- JAMES ZIMBA; VAC
- CHEELA CHILALA; ASSITEJ
And:
- MULENGA KAPWEPWE; NAC Chairperson
- WINNER KANYEMBO; NAC Vice Chairperson
- VICTOR MAKASHI; NAC Director
- JACOB CHIRWA; NAC Asst. Director
- VINCENT KAMWANYA; Provincial cultural officer, Southern province.
COMING INTO FORCE
This Constitution comes into force having been duly adopted by the above delegates this 19th day of December, 2004 at Zambia School of agriculture, Monze.