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DRAFT CONSTITUTION OF OPENSOURCE ZAMBIA

PREAMBLE

OpenSourceZambia exists to promote the knowledge and use of open source software in Zambia.

Open source software presents many benefits to users, from the low cost of acquisition (it is typically given away free), to the security advantages of having the source code available, to the fact that those with the interest can develop their skill in information technology by using it. In a developing country, all of these aspects are crucial advantages of open source software over proprietary alternatives.

More than that, the open source way represents a collaborative, generous and community-oriented way to get things done, and this software development methodology is carried over into how people learn and interact. OpenSourceZambia aims to become a focus, in Zambia, for developing the community of people interested in the benefits of technology for themselves, and for encouraging the international open source community to assist in the advancement of open source software.

"Open source" captures the idea that software should be free as in speech: others should not be able to restrict what you say or how you say it.

Open source software is typically (but not always) free. It is often high quality software that (most importantly) is developed by a community rather than one company.

"Open source" refers to the fact that along with the program you also have access to the computer code that produced it. You can make any changes you want, and provide services to users of that software for money.

Since your software is not produced by one company who keeps the source code secret, you are not affected by the business decisions of one company (who may decide to change features, charge more, or stop support for an old version). You always have the option of contracting a skilled third party to support.

Initially, there was Unix, which was created in the late 60s. In the 70s Unix become popular and was licensed to a few large corporations. Another license was given to a University which come up with an educational version of unix now called FreeBSD. At that time only large companies and universities could afford to run Unix. In the early 80s there was a group of enthusiasts who decided to play around with the way Unix operates, this period become known us the hacker period and it brought about what we call now hacker culture. A hacker is anyone who is curios and eager to learn about computers.

In 1984 a clever hacker by the name of Richard Stallman (founder of the Free Software Foundation), authored the GNU General Public License. Stallman's objective was to come up with an operating system which had similar chararcteristcs to Unix, but also which did not give its users any restrictions to use and express themselve through it. The license gave developers freedom to participate in projects and this saw the development of utilities and programs of a Unix-like operating system and the only thing that was missing was the kernel, a piece of program which is the core of an operating system.

ARTICLE I: NAME

The name of the organization shall be Open Source Zambia

ARTICLE II: PHYSICAL AND POSTAL ADDRESS

Computer Village, Northmead

ARTICLE III: VISION, OBJECTIVES, MISSION STATEMENT, AIMS

Vision

Objectives

To bring open systems to schools, hospitals and business houses To build a culture of computer literacy in Zambia To train users in and support open systems where used

Mission Statement

To promote the knowledge and use of open source software in Zambia.

Aims

To advocate To put in place programmes that will increase awareness To improve access to

ARTICLE IV: SCOPE OF ACTIVITIES

1. To establish an open network
2. To promote the use open source in schools and health care centres
3. To provide a point of contact or support base for open systems

ARTICLE V: MEMBERSHIP

Membership of OpenSourceZambia is free and open to anyone. Membership of OpenSourceZambia is achieved by creating a home page with some relevant information on it and adding that page to category CategoryHomepage.

Any person or group of persons who is in agreement with the purpose and objectives of Open Source Zambia upon payment of membership and subscription fees and submission of a completed membership form qualifies to be a member of Open Source Zambia.

Types

1. Individual
2. Group or Corporate

Eligibility

1. Any person who is in agreement with the purpose and objectives of OpenSource Zambia upon payment of membership and subscription fees and submission of a completed membership form qualifies to be a member of OpenSource Zambia

2. Members of any computer society that subscribes to the purpose and objectives

of OpenSource Zambia

1. Any reputable group, association, co-operative, partnership or any other entity

that subscribes to the purpose and objectives of OpenSource Zambia

Termination

1. A member ceases to be a member of the group if:-
   • S/he resigns from the group
   • S/he is expelled from the group for misconduct
   • S/he fails to pay membership and subscription dues for more than a year

2. Pages that, in the opinion of members of the committee, do not contain enough information about you will be removed from CategoryHomepage.

3. You can revoke your membership of OpenSourceZambia at any time by removing your homepage from the CategoryHomepage.

ARTICLE VI: OFFICE BEARERS

The Executive shall comprise fifteen (15) members including The Chairperson, Vice Chairperson, Secretary, Vice Secretary, Treasurer, Vice Treasurer, Project Coordinator, Assistant Project Coordinator, Publicity and Information Secretary, Vice Publicity and Information Secretary, and Five Committee Members.

The Executive shall provide guidelines for projects authorized by the General Assembly and consider and make decisions on all matters arising.

The Executive shall hold monthly Executive Committee meetings and call for Extraordinary and General Meetings for the general membership of Open Source Zambia.

The Executive Committee shall communicate with members and enhance cooperation and communication among members to facilitate decision making.

The Executive Committee shall be called for by the Chairperson or on the demand of not less than a one- third majority of the Executive.

1. Chairperson. The minimum age of the Chairperson is 25 years. The chairperson position is

honorary in nature. The Chairperson shall

1. Hold the position for a term of three years and shall be elected for two terms only
2. Chair all Executive Committee and Annual General Meetings
3. Sign and adopt minutes of previous meetings attended
4. Delegate duties to various members
5. Be the principal signatory to the organization’s bank accounts
6. Carry out such duties as assigned by the Executive Committee
7. Be a fully paid up member of the organization

1. Vice Chairperson. The Vice-Chairperson

   1. Shall deputize the Chairperson
   2. Shall perform the duties of the chairperson in his/her absence
   3. Shall carry out any other duties as assigned by the Executive Committee
   4. Shall head the Disciplinary Committee

2. Project Coordinator. The Project CoOrdinator shall

   1. be the Chief Operating Officer for the Organisation
   2. be responsible primarily for co-ordinating the activities of the organization and the activities of the Committees
   3. be responsible for the implementation policies and guidelines laid down by the Executive
   4. be responsible for ensuring that the smooth execution of all projects undertaken
   5. be responsible for fundraising and funds generation for the organization
   6. present a comprehensive report on all activities to the Executive on a monthly basis

3. Assistant Project CoOrdinator. The Assistant Project Co-Ordinator

   1. Shall deputize the Project Coordinator
   2. Shall perform the duties of the Project Coordinator in his/her absence
   3. Shall carry out any other duties as assigned by the Executive Committee

4. Secretary. The Secretary shall

   1. make appropriate arrangements for all meetings and circulate notices of meetings to members
   2. be responsible for taking notes and minutes at all Executive and general Meetings
   3. be the Chief Administrator of the organization
   4. be a signatory to the bank accounts
   5. circulate minutes of Executive Committee meetings to members

5. Vice Secretary. The Vice Secretary shall

   1. Deputize the Secretary
   2. Perform the duties of the Secretary in his/her absence
   3. Carry out any other duties as assigned by the Executive Committee

6. Treasurer. The treasurer shall

   1. be in charge of handling the organization’s finances
   2. keep records of income and expenditure
   3. prepare and present financial reports to the Executive Committee and to the Annual General Meetings
   4. deposit all organizational monies in the bank in the earliest possible time

7. Vice Treasurer. The Vice Treasurer shall

   1. Deputize the Treasurer
   2. Perform the duties of the Treasurer in his/her absence
   3. Carry out any other duties as assigned by the Executive Committee

8. Publicity and Information Secretary. The Publicity and Information Secretary shall

   1. be responsible for informing the public about the existence of the organization
   2. be responsible for building the image of the organization
   3. do the Public Relations of the organization
   4. be the spokesperson of the organization

9. Vice Publicity and Information Secretary. The Vice Publicity and Information Secretary shall:

   1. Deputize the Publicity and Information Secretary
   2. Perform the duties of the Publicity and Information Secretary in his/her absence
   3. Carry out any other duties as assigned by the Executive Committee

10. Committee Members (5). The Committee Members shall

    1. be active participants in the administration and implementation of the project and will be leaders of various committees
    2. be involved in resource mobilization for the organization
    3. advise and guide the Executive Committee in the absence of the incumbent

A Committee Member may act in any position of the Executive Committee in the absence of the incumbent

ARTICLE VII: BOARD OF TRUSTEES

There shall be a Board of Trustees consisting of 5 prominent persons of upright standing drawn from the various sectors of society for example Business sector, Information Technology sector, Education sector, Health sector, the religious sector and NGO circles.

The members of the Board of Trustees shall be honorary members with no authority or responsibility in the organization.

Members of the Board of Trustees shall be called upon from time to time for advice, guidance and assistance in fundraising ventures

ARTICLE VIII: FINANCE

The organisation shall derive its finances from its income generating activities, fundraising ventures, donations and grants.

ARTICLE IX: ELECTIONS

Eligibility

• Should be a fully paid up member of OpenSource Zambia. Elections will be held every two years

• Should be of sober mind
• Should have no criminal record
• Should not have any history of financial mismanagement from any organization

Procedure

• Elections shall be by secret ballot
• The winner shall be declared by simple majority
• Notice of elections shall be at least three months before the material date and shall be advertised in the national print and electronic media

ARTICLE X: DISCIPLINE

There shall be disciplinary measures against any member

1. whose conduct is contrary to the organization’s constitution and ethos
2. whose conduct is likely to bring the name of the organization in disrepute
3. of the Executive Committee who misses three consecutive meetings without just cause
4. who misappropriates organizational funds
5. who uses the property of the organization illegally

The Executive Committee shall actively participate in the administration of disciplinary action.

ARTICLE XI: MEETINGS

Resolutions

A general meeting shall reach a resolution by simple majority vote of members present.

The Executive Committee shall reach a resolution by simple majority vote of members with the following proviso That for matters concerning the -:

• Expulsion of a member of the executive committee or any ordinary member or
• Dismissal of a member of staff or
• Adjustments to the work force of the organization

then a two-thirds of the Executive Committee and a two thirds majority vote of those present shall be required

Notice

The Secretary shall give all members notice of meetings twenty one days before the date of the meeting

Quorum

A minimum of 7 members in an Executive meeting present shall constitute a quorum. A minimum of 50% of the general membership shall constitute a quorum for a General Meeting.

ARTICLE XII: ADDITIONAL PROVISIONS

This Constitution shall take effect immediately upon ratification but shall be subject to amendment as and when the need arises as agreed by the general membership.

ARTICLE XIII: DISSOLUTION

The group shall dissolve upon a two-thirds majority decision of its members and all assets shall be given to the community or institutions within the local community.

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