These by-laws were compiled by the Mwenje Dam “Steering” Committee with assistance from ALCOM and the Chiweshe District Council. The council requires that the committee should have a well-documented constitution which is binding on members, and should hold meetings reguarly.
1. Name
| 1.1 | The name of the Committee, which shall be in an area under the Mazowe Rural District Council, granted Appropriate Authority in terms of Parks and Wildlife Act, 14 of 1975, Section 72, shall be; MWENJE DAM COMMITTEE, and its address shall be c/o Howard Institute, P.A. Howard, via Glendale. |
| 1.2 | Rights to the above shall be executed in terms of the Appropriate Authority granted to Mazowe Rural District Council by the Department of National Parks and Wildlife Management. |
2. Objectives
The objectives of the Mwenje Dam Committee shall be:
| 2.1 | to promote the economic, ecological and social interests of the community according to Government policy and to facilitate its operations. |
| 2.2 | to assume responsibility for the conservation, management and exploitation of the fisheries resources in the Committee area; |
| 2.3 | to conserve, manage and exploit the common fisheries resources of the Mwenje Dam according to an agreement with and advice from the Mazowe Rural District Council, and in accordance with the requirement of Government ministry/departments and the law of the land; |
| 2.4 | to decide, implement and administer a system agreed upon with the Mazowe Rural District Council and approved by the community for the disposal of income arising from the exploitation of fisheries resources in Mwenje Dam; |
| 2.5 | to carry out fisheries resources conservation operations on a community basis which shall include anti-poaching, catchment conservation, control of water borne diseases, etc, with the aim of conserving fisheries resources for the community; |
| 2.6 | to investigate and establish or obtain training facilities to run businesses, and to provide training in useful skills and crafts such netmaking and mending, fishing techniques, boat building etc, for community members who in the opinion of the Mwenje Dam Committee, will benefit from such training; |
| 2.7 | to provide services of a charitable nature such as fish to creches, to elders, etc, not otherwise available to the community; |
| 2.8 | to promote and stimulate the spirit of co-operation and community effort; |
| 2.9 | to ensure that the community around the dam is kept fully informed of the objectives and activities of the Mwenje Dam Committee and the Fisheries Project Committee; |
| 2.10 | to promote any measures designed to increase fish production; |
| 2.11 | to educate the community on the importance of fisheries conservation and how best these resources can be utilized for the benefit of the community; |
3. The Area of Operation
| 3.1 | The Mwenje Dam Committee shall carry on such activities as commercial, sport and subsistence fishing and shall provide training facilities as the committee may from time to time decide is in the interests of the community. |
| 3.2 | The Mwenje Dam Committee shall plan and develop any places of interest around the dam by laying out and preparing such places for community utilization and exploitation of fisheries resources, and for production and building purposes; |
| 3.4 | The Mwenje Dam shall be on an area as described below: |
The entire dam area when the dam is full including an area by a 2m fringe above high water level when the the dam is 100% full.
4. Target Population
| 4.1 | The target population shall consist of: |
| 4.1.1 | persons residing in the CHEMADZIMBABWE, NYACHURU, MUNYENGETERWA and MUFUKA Village Development Commitees (VIDCOs), who shall be persons fully known by and have permission from or authorized by the Chiweshe District Council to occupy a piece of land in the area |
| 4.1.2 | persons over the age of 18 years; |
| 4.1.3 | persons admitted to the Mwenje Dam Committee in accordance with these by-laws; |
5. Transfers
A community member may forfeit his/her right to vote or hold office in the Delegate Conference or the Mwenje Dam Committee, with effect from the day he transfers from the four VIDCOs. He/she gains the right to vote or hold any office position in the Dam Committee provided he/she has stayed for a period of three (3) years as a resident in the area.
6. The Delegate Conference
| 6.1 | The supreme authority of the Mwenje Dam Committee shall, subject to the provisions of these by-laws, be vested in the Delegate Conference (Dare Redhamu). |
| 6.2 | The Delegate Conference shall be formed from the delegates elected by the community members from the four VIDCOs namely Chimadzimbahwe, Nyachuru, Munyengeterwa and Mufuka, and shall consist of forty (40) members over the age of 18 years. Ten (10) members will come from each VIDCO. |
| 6.3 | The Delegate Conference shall serve for a period of two (2) years. Thereafter all members will retire at the close of each period and 50% shall be eligible for re-election. Vacancies on the Delegate Conference shall be filled by the rest of the VIDCO members to cover only the unexpired portion of the Delegate Conference term of office. |
| 6.4 | The Annual Delegate Conference shall be held four times a year. |
| 6.5 | A Special Delegate Conference may be convened at any time by the Committee on its own initiative when it considers it necessary in the interests of the Mwenje Dam Committee to discuss any urgent matter. |
| 6.6 | A Delegate Conference shall be held at other times when summoned by the Chairperson of the Committee; the Committee on its own motion; or at the written request of twenty (20) members of the Dam Committee. |
| 6.7 | At least seven (7) days' notice shall be given to all Delegate Conference members of the intention to hold a Conference, but non-receipt of any such notice by any Delegate Conference member shall not invalidate the proceedings of such Conference. |
| 6.8 | The notice shall state the date, time and place and the business to be transacted and no other matter shall be discussed without the consent of the majority of the Conference members present and voting at such Conference. |
| 6.9 | The presence of at least twenty one (21) Delegate Conference members of the Committee shall constitute a quorum which shall be necessary for the transaction of any business at a Delegate Conference. |
| 6.10 | If within one hour after the appointed time for the meeting, a quorum does not exist, the meeting, if convened upon the requisition of the community, shall be dissolved; in any other case it shall stand adjourned to the same time at the same place on the same day seven days hence and if at such adjourned meeting a quorum does not exist within one hour after the time appointed for the meeting, the members present shall constitute a quorum and shall deal with the business on the published agenda for the original meeting and any decisions made shall be binding on the Committee. |
| 6.11 | Notice of any adjourned meeting shall be given to the Conference members not less than seven days in advance, but non-receipt of any such notice by any member shall not invalidate the proceedings of any adjourned Delegate Conference. |
| 6.12 | If at any Delegate Conference, the Chairperson and Vice Chairperson are both absent, the Conference members present shall elect one of their members to be chairperson of that Delegate Conference. |
7. Rights and Obligations of the Delegate Conference
| 7.1 | Every Conference member shall have a right to attend and vote at all conferences. |
| 7.2 | have one vote irrespective of any contributions he/she may have made. |
| 7.3 | have the right to elect office bearers and to be so elected. |
| 7.4 | have a right to use the facilities of the Mwenje Dam Committee, provided that the committee has been informed and that a consensus has been reached, legally, between that person and the Committee. |
| 7.5 | comply with the by-laws and with the decisions of the Delegate Conference and the Committee. |
8. Voting
| 8.1 | Except for amendments to the by-laws, all matters before a Delegate Conference shall be decided by a simple majority of those members present |
| 8.2 | Each member shall have only one vote, except that in the case of equal votes, the Chairperson of the Conference shall have/not have a second vote. |
| 8.3 | Voting shall be by show of hands. |
| 8.4 | Voting by proxy shall not be permitted. |
9. Minutes
| 9.1 | The Mwenje Dam Committee shall ensure that proper minutes are kept of the proceedings of every Delegate Conference. | |
| 9.2 | Minutes of a Delegate Conference shall specify, among other things: | |
| - | the names and number of delegates present and absent at a Delegate Conference; | |
| - | the name of the delegate presiding as Chairperson; | |
| - | all resolutions and decisions taken at the Conference; | |
| 9.3 | Minutes of each Delegate Conference shall: | |
| - | be read at the next Delegate Conference; and | |
| - | upon being signed by the member presiding at that next Delegate Conference and by the Secretary, be prima facie evidence of the business transacted at the Delegate Conference to which they relate. | |
10. Tasks of the Delegate Conference
| 10.1 | The Delegate Conference shall have the following tasks: |
| 10.1.1 | To decide on the principles of the development of the Mwenje Dam. |
| 10.1.2 | To confirm the statements of accounts of the Committee and auditors as well as the annual balance sheet. |
| 10.1.3 | To decide on the use of the surplus or the covering of a loss; on the Committee's recommendations. |
| 10.1.4 | To adopt the rules, amendments and alterations of the Committee on the Committee's recommendations. |
| 10.1.5 | To elect office bearers of the Committee and any other officers that the Committee may require. |
| 10.1.6 | To examine complaints about the activities of the Committee. |
| 10.1.7 | To appoint a delegate/s to the Natural Resources Conservation Committee of the Mazowe Rural District Council. |
| 10.1.8 | To adopt the Mazowe Rural District Council Fishing By-laws. |
11. The Managing Committee
| 11.1 | The Fisheries Management Committee should consist of ten (10) members over the age of eighteen (18) years. |
| 11.2 | The ten members shall be elected as follows: eight (8) will be elected by the Delegate Conference and two (2) will be representatives of fishing co-operatives fishing in Mwenje Dam. |
| 11.3 | The Committee shall comprise of the Chairperson who shall be chairperson of the Committee and the Delegate Conference, a Vice chairperson, a Secretary and a Treasurer and eight (8) committee members; including the representative from co-operatives. |
| 11.4 | The Committee shall serve for a period of two (2) years. Thereafter, all members will retire at the close of each period and 50% shall be eligible for re-election. |
Vacancies on the Committee shall be filled by co-option by the rest of the Committee members to cover only the unexpired of the Committee's term of office.
| 11.5 | No person shall be elected or co-opted as a member of the Committee, and no person shall be qualified to hold office as a member of the committee, who: |
| 11.5.1 | is not a Committee member of the Mwenje Dam Committee as described in these by-laws; |
| 11.5.2 | takes part, directly or indirectly, in any activity that is in competition with the Mwenje Dam Committee. |
| 11.5.3 | is removed from office by a Delegate Conference; |
| 11.5.4 | is an employee of the Committee, or other employees; |
| 11.5.5 | has judgement for doubt entered against him in favour of the Mwenje Dam Committee by any court of law; |
| 11.5.6 | resigns from the Committee in writing; |
| 11.5.7 | has less than 36 months residency in the area; Members of the Committee ceasing to hold office under Section 11.5.1,2,3,4,5 and 6 above shall not be eligible for co-option or re-election to the Committee for a period of twelve (12) months from the date he last ceases to hold office. |
| 11.6 | A member of the Committee shall vacate his/her office if, without the permission of the Committee and without due excuse, he/she is absent from three consecutive meetings of the Committee of which he has had notice. |
| 11.7 | Meetings of the Committee shall be held at least once every month and may be summoned also at such additional times as the Chairperson or Committee may decide. |
| 11.8 | The attendance of at least six (6) members of the Committee shall be necessary before any business shall be transacted and decisions shall be by a clear majority of those present and voting. Each member shall have one vote only, except that in the case of equal voting, the Chairperson of the meeting for the time being shall have a second (casting) vote. |
| 11.9 | The Committee shall conduct the ordinary business of the committee and shall exercise the ordinary powers of the Committee except those reserved for the Delegate Conference. |
12. Duties of the Committee
| 12.1 | Subject to these by-laws, the Committee shall in particular have the following duties; |
| 12.1.1 | to observe in all its transactions the Mwenje Dam Committee by-laws and the regulations made thereunder; |
| 12.1.2 | to maintain or cause to be maintained true and accurate accounts of all funds received and expended, of all goods bought, of all the goods and assets of the Committee and of all business transacted by the Mwenje Dam Committee. |
| 12.1.3 | to examine the accounts and sanction expenditure subject to any general direction of a Delegate Conference; |
| 12.1.4 | to supervise the maintenance of the prescribed records, to consider the inspection notes of the Mazowe Rural District Council and its officers; |
| 12.1.5 | to monitor and protect the rights of access to fisheries resources, monitor fish catches and sales; |
| 12.1.6 | to prepare and lay before the annual Delegate Conference, an Income and Expenditure Account and an audited Balance Sheet; |
| 12.1.7 | to call annual meetings and the Delegate Conference in terms of Section 6.5 above; |
| 12.1.8 | to arrange the terms for the business transactions of the Mwenje Dam Committee's resources and property; |
| 12.1.9 | subject to any special conditions or reservations imposed by the Delegate Conference or by these by-laws, to appoint, suspend and dismiss employees, to fix scales of salaries and remuneration in accordance for the law, to obtain security with the employees and to ensure the faithful discharge of employees' duties; |
| 12.1.10 | to handle all contracts and legal matters on behalf of the Mwenje Dam Committee. All contracts shall bear on behalf of the Mwenje Dam Committee, three (3) signatures; being the signatures of the Chairperson or Vice Chairperson, the Secretary and the Treasurer; |
| 12.1.11 | to open and maintain in proper order one or more bank accounts on behalf of the Mwenje Dam Committee in terms of Section 17 below; |
| 12.1.12 | to pay from the funds of the Mwenje Dam Committee to members of the Committee reasonable expenses and allowances, on such scales as the Delegate Conference shall approve; incurred solely in the execution of their duties as members of the Dam Committee; |
| 12.1.13 | to decide and pay allowances, bonuses and contributions in terms of Section 12.1.12 above, and Section 18 below; |
| 12.1.14 | to appoint sub-committees for any purpose connected with the Mwenje Dam Committee's business, provided that the Chairperson of such sub-committee shall be a member of the Mwenje Dam Committee; |
| 12.1.15 | to make rules which shall be binding upon all members connected with members' duties, rights and obligations to the Committee regarding allowances in cash and kind, and hours of work and to change and amend these rules from time to time; |
| 12.1.16 | to make rules regarding any training offered to community members, setting out the conditions applicable to such training and the rights, duties and obligations of community members accepting the offers of training; |
| 12.1.17 | to know fishermen with permits/licences in the area, where they stay, and the approximate times they will be in the dam fishing as well as their fishing grounds; |
| 12.1.18 | to know fish traders in the area; |
| 12.1.19 | to see that the Mazowe Rural District Council's fishing by-laws and rules are enforced; |
13. Duties of Chairperson and Vice Chairperson
| 13.1 | The chairperson shall be the senior elected representative of the community in the Committee and shall be elected by the Delegate Conference of the Committee to lead the management team and the Delegate Conference. |
| He/she shall: | |
| 13.2 | serve the Committee and make it an organization working for the good of the Community members; |
| 13.3 | ensure that the conduct of all meetings, of the Delegate Conference and the Committee, must be firm, but also fair; |
| 13.4 | ensure that the meeting is properly convened, that is, it has been called by the right people or by the right number of people; |
| 13.5 | ensure that the agenda of the meeting is followed properly and shall control the speakers at these meetings by ensuring that they keep to the subject which is under discussion and that only one person speaks at any particular time. |
| 13.6 | ensure that everyone has his say and shall decide when enough discussion has taken place on any one subject; |
| 13.7 | ensure that people are fully informed about the activities of the Committee and that committee members submit reports on all activities in their areas; |
| 13.8 | ensure that any decisions which are adopted by the Committee and the Delegate Conference are clear and understood by everyone, and shall see to it that these decisions are carried out; |
| 13.9 | ensure that the secretary and other office bearers including employees, do their work properly in accordance with the decisions made or statements agreed upon; |
| 13.10 | know the by-laws and check on any activities and decisions made to ensure that they are in line with the by-laws of the committee; |
| 13.11 | ensure that any work that needs to be done is given to the person with the right skills and that everyone is working hard in his/her area of operation; |
| 13.12 | ensure that facts and the information on the Committee's operations are available. The chairperson shall be an ex-officio member to any study group that may be tasked with some work to any particular subject; |
| 13.13 | encourage members of the Committee to come forward with any suggestions that they may have and any complaints; |
| 13.14 | The Vice Chairperson shall exercise the functions of the chairperson during any period that the Chairperson is unable to exercise his functions; |
14. Duties of the Secretary
Subject to these by-laws the Secretary shall be responsible for :
| 14.1 | maintaining an up-to-date record of all the records and documents of the Committee; |
| 14.2 | keeping an inventory of the property of the Committee; |
| 14.3 | give notices to members to attend meetings of the Management and Delegate Conference; |
| 14.4 | performing any other duties that may be conferred upon him/her by the Committee and the Delegate Conference or in terms of these by-laws. |
15. Duties of the Treasurer
Subject to these by-laws the Treasurer shall be responsible for:
| 15.1 | handling all the financial transactions of the Committee, including receipts of money, donations and expenditure in accordance with the directions of the Committee, or Delegate Conference; |
| 15.2 | preparing or causing to be prepared all receipts, vouchers and documents required by the by- laws or called by the Committee, or Delegate Conference; |
| 15.3 | keeping all the accounts and the books of the Dam Committee; |
| 15.4 | performing any other duties that may be conferred on him/her by the Committee or the Delegate Conference in terms of these by-laws. |
| In the conduct of the affairs of the Committee, members of the Committee shall be responsible severally and collectively to the Committee for any loss sustained by the Committee by acts contrary to the law or to these by-laws. |
16. Funds of the Mwenje Dam Committee
| 16.1 | The funds of the Committee shall consist of: | |
| 16.1.1 | any surplus carried to the reserved fund maintained by the Committee in terms of Section 20.1 below; | |
| 16.1.2 | any donations or contributions received by the Committee from non-members and/or the community; | |
| 16.1.3 | any other funds which the Dam Committee may become entitled to; | |
17. Banking and Investment of Funds
| 17.1 | The Committee shall bank or invest its funds with any bank registered under the Banking Act or with a Building Society; |
| 17.2 | Cheques and other negotiable documents signed on behalf of the Committee shall require three signatures, those of the Chairperson or Vice Chairperson, the Secretary and Treasurer; |
| 17.3 | The financial year of the Committee shall end on the 1st of April each year at which date the accounts of the Committee shall be closed and balanced. |
18. Surplus
| 18.1 | Out of the net annual surplus of the Committee, an amount agreed upon by the Delegate Conference shall be credited to a Reserve Funds |
| The balance of the surplus may be appropriated as follows: | |
| 18.2 | starting new projects and/or helping fund projects at VIDCO level; |
| 18.3 | to such special reserves as the Committee may recommend and the Delegate Conference approve; |
| 18.4 | to such bonus to employees and honorarium to Committee members, which may be paid in cash or in kind as the Delegate Conference may approve, provided it does not exceed the rate recommended by the Committee; |
| 18.5 | to such donations to other charities and welfare organizations as the Committee may recommend and the Delegate Conference approve. |
19. Amendment to the By-Laws
The Committee may amend its by-laws and no amendment shall be valid until it has been registered under this Section.
The Committee shall ensure that a resolution to amend the by-laws is passed by the majority of the community present and voting at a Delegate Conference, duly convened for that purpose.
20. Records and Documents
The Dam Committee shall maintain in proper order the following records and documents:
| 20.1 | A record of the Delegate Conference members showing, name, address, skills, date elected and date of termination, possibly by death or expulsion. |
| 20.2 | A cash book showing receipts and expenses of all funds. |
| 20.3 | Minute books for the Delegate Conference and for Committee meetings. |
| 20.4 | Such other records and documents as the Committee and the Chiweshe District Council may from time to time require. |
21. Inspections and Inquiries
| 21.1 | The Chiweshe District Council may at any time: | |
| 21.1.1 | inspect the records, books and accounts of the Committee; | |
| 21.1.2 | carry out a physical check of property and assets, including stock and cash in hand, held by the Committee; | |
| 21.1.3 | on the application of at least 20 members of the Committee: | |
| conduct: | ||
| i) | an inquiry into the by-laws, administration, management or finances of the Committee; or | |
| ii) | an audit of the accounts of the Committee. | |
22. Auditing
| 22.1 | The Committee shall have its books and accounts audited once a year by a person approved by the Chiweshe District Council; |
| 22.2 | An auditor referred to in Section 22.1 shall be entitled at all reasonable times to be required to be produced to him/her all accounts and other records relating thereto and to require from any officer, members or employee of the Committee affairs, such information and explanations as, in the opinion of the auditor, are necessary for the purpose of his audit; |
| 22.3 | An auditor referred to in Section 22.1 shall make a report to the Chiweshe District Council and Delegate Conference on the financial statement of the Committee and such report shall state whether or not the statement and accounts give a true and fair view of the state of financial affairs of the Committee. |
23. Disputes
Any disputes not resolved by the Committee or in the Delegate Conference with regard to these by-laws or the business of the Committee; between community members or past members of the Committee or persons claiming through them; or between such persons and the Committee or any officer of the Committee, shall be referred to the Mwenje Dam Natural Resources Committee of the Chiweshe District Council.
Any decisions of the Natural Resources Committee or of an arbitrator appointed by it upon these disputes shall be carried out by the Committee.
24. Dissolution
| 24.1 | The Committee shall not be wound up or dissolved except by order of the Chiweshe District Council through the Natural Resources Committee; | |
| 24.2 | If; | |
| 24.2.1 | after an inquiry has been held in terms of Section 19 into the by-laws, administration, management or finances of the Committee; or | |
| 24.2.2 | after an audit of the accounts of the Committee in terms of Section 22; or | |
| 24.2.3 | on receipt of an application made by the Committee pursuant to a resolution passed by at least forty one (41) members present and voting at a Delegate Conference called for the purpose after due notice; the Chiweshe District Council is of the opinion that the Dam Committee ought to be dissolved, it may issue an order directing that it should be wound up. | |
25. General
Every community member in the Committee shall accept and faithfully comply with these bylaws and the regulations made thereunder and with all amendments thereto.
