Constitutional Statues
Chapter One : General Fundamentals
Article 1 :
A federation in the name of the African Federation of Construction Contractors Associations shall be established having the independent legal personality and the full capacity to practice its business and reach its goals. The provisions of these articles of association and the internal regulations that will be issued within their framework shall apply thereto.
Article 2 :
The federation shall pursue the achievement of its goals, targets and interests that entail general benefit to its members, and seek the protection and the development of the contracting works profession in the African continent, develop it and increase its competitive edge. For the sake of achieving the foregoing, it may carry out the following :
1. Create and develop the professional ties among contractors in the African countries for the sake of developing and improving the contracting works sector at the different levels to promote the profession and increase its competitive edge.
2. Defend the legitimate financial and moral rights of the African contractor and seek expansion of the basis of common interests among the members.
3. Open intercommunication and cooperation channels with contractors conglomerates in the different parts of the world.
4. Link the contractors’ federations in the African countries through an intercommunication network and a comprehensive data base that includes all data, studies and statistics that serve the profession.
5. Pursue the exchange of experiences, provide technical and administrative cadres, and rehabilitate and lay down programs for the aforementioned.
6. Lay down uniform bases for the rehabilitation and rating of African contractors by the Federation with the aim of the ratification at the national and international level to select appropriate African contractors to execute works at the African and international level, and seek the unification of models of contracts and general conditions for contracting works in Africa.
7. Call for the establishment and support of the common African design centers and houses of expertise and engineering to assume the preparation of the common designs and specifications, especially as regards projects of national and strategic characteristic.
8. Establish training centers at the level of the different professions taking part in the contracting works activities in which the technical, administrative and negotiatory capabilities of the cadres in African construction companies would be raised.
9. Seek the encouragement of African governments to conclude bilateral and multilateral agreements that are concerned with protecting and supporting African construction companies.
10. Assume the role of the intermediary among the African construction companies, take the initiative to solve disagreements and disputes that may arise among them and seek solutions and mechanisms that allow arbitration in disputes that arise from the different kinds of construction contracts in the countries of the Continent of Africa.
11. Actively promote, encourage and give preference to the African Industries and supplies of construction materials, use and invest in African potentials and resources so that the reliance on imports from outside the Continent are reduced.
12. Seek the creation of appropriate and effective mechanisms for providing the financial support comprising sureties, collaterals, credit facilities and loans to African construction companies.
13. Call African Governments, Funds and Financial Institutions to grant loans and aid for the execution of developmental projects in the African Continent and outside in order to give wider opportunity to the African Contractors to participate in the execution of such projects.
14. Participate in the activities of International Organizations that are concerned and related to the activity of construction works, and make effective presence in international circles and media.
15. The preparation and execution of media awareness campaigns that include all African countries, members and nonmembers of the African Contractors Federation to introduce the importance of and the role of the Federation at the level of the contracting works profession in the African continent.
Article 3 : The official headquarters of the Federation shall be determined by a decision of the General Assembly, where it may agree on opening subsidiary branches or representation offices anywhere.
Chapter Two : Membership
Article 4 : The membership of the Federation shall be the entitlement of any organization, authority, federation or conglomerate representing contractors or the contracting works profession in any African country.
The internal regulations set by the Executive Bureau shall determine the method and procedures of admission to the Federation, the value of the membership fee and the periodical subscription.
Article 5 : A decision may be issued by the General Assembly approving the admission of any African , regional or International entities, organizations or other legitimate personalities that are concerned with the contracting works profession or connected thereto for membership of the Federation as associate members.
Article 6 : The member of the Federation shall comply with the provisions of these articles of association, seek the achievement of the targets mentioned therein, pursue the realization of the general legitimate interests of its members, maintain the traditions and practices that guarantee the respect of the profession and its protection from harm and respect and implement the decisions issued by the General Assembly or the Executive bureau. He shall also comply with settling the periodical subscription on its due dates.
Article 7 : The membership of the member who breaches the obligations mentioned in the previous article may be suspended by a decision of the Executive Bureau.
Chapter Three : General Structure
Article 8 : The general structure of the Federation shall comprise the following :
1. The General Assembly
2. The Chairman of the Federation
3. The Executive Bureau
4. The General Secretariat
General assembly
Article 9 : The General Assembly is the top of the general structure. It comprises the official representatives of the members of the Federation referred to in Articles Four of these articles of association. Each member shall be represented by one representative on the General Assembly.
If the members belonging to one country are more than one, they shall have one vote at the time of voting. The General Assembly shall practice its competencies as follows :Associate members under Article 5 will not be entitled to vote
9/1 The General Assembly shall convene at least once every year at the invitation of its Chairman pursuant to a convenient date and venue, of convening determined by the Executive Bureau.
The invitation shall be addressed to the members by registered mail to the address established in the registers of the Federation at least two months prior to the convening date, including the agenda endorsed by the Executive bureau.
9/2 The Chairman of the Federation shall assume the chairmanship of the General Assembly. In case of his absence, the eldest attending vice chairman shall assume the chairmanship. The Secretary General of the Federation shall assume the works of the registration for the Federation, and shall cosign its minutes with the Chairman of the Federation.
9/3 The convening of the General Assembly shall be held valid by the attendance of at least 50% of the total number of members having the right to attend. In the event that 50% of members are not present , the meeting shall be postponed by a period of two hours , and then reconvened with a lesser quarter ( 25% ). Its decisions shall be adopted by the majority of attending votes, apart from those decisions related to amending the articles of association, membership termination or moving the headquarters, whose adoption requires the approval of two thirds of the attending members.
9/4 The General Assembly shall assume drawing the general policy of the Federation’s activities and the introduction of the strategic trends that draw the executive procedures which will be carried out by the Executive bureau and the General Secretariat. It shall also assume controlling such procedures. It shall assume the following in particular :
9/4/1 Discuss and endorse the annual report submitted by the Executive bureau on the activity and business of the Federation for the previous year.
9/4/2 Endorse the balance sheet of the Federation which shows a statement of the revenues and expenses during the previous year, submitted by the Executive bureau after being audited by the certified auditor.
9/4/3 Ratify the appointment of the certified auditor and fix his fees.
9/4/4 Elect the Chairman of the Federation and the Executive Bureau and every three years pursuant to the rules and guidelines mentioned in these articles of association.
9/4/5 Set up the specific committees or work groups which the Federation deems their presence necessary.
9/4/6 Discuss the subject matters submitted by the members to the General Secretariat at least one month prior to the convening of the General Assembly and take the appropriate decisions regarding them
9/4/7 Amend the fixed fees for the membership and the annual fees.
The Chairman of the federation
Article 10 : The Chairman of the Federation shall represent it before official and legal quarters whether international, regional or in the country of the headquarters and before all. He shall be elected by the General Assembly in its ordinary convening. His term of chairmanship over the Federation shall be three years.
The General Assembly may renew the election of the Chairman for one other term, where he shall be competent with the following :
10/1 Call for the convening of the General Assembly and preside over its sessions.
10/2 Call for the convening of the Executive bureau and preside over its sessions
10/3 Refer and table the subjects of the General Assemblies agenda and the annual reports on the activity of the Federation before the General Assembly.
10/4 Appoint the staff of the General Assembly of the Federation and fix their salaries pursuant to the job structure ratified by the Executive bureau.
10/5 Issue the executive decisions of the General Secretariat or the specific committees.
10/6 The Chairman of the Federation may select a number of assistants not exceeding three to work as experts and consultants for the Federation.
The Executive Bureau
Article 11 : The Executive Bureau shall be presided by the Chairman of the Federation and composed of ten members to be elected by the General Assembly. Each of the five geographic areas(subject to definition) in the Continent shall be represented by two members of whom one shall be the Vice-Chairman. The Executive Bureau membership term is for three years It shall perform its tasks as follows :
11/1 Seek the execution of the decisions issued by the General Assembly.
11/2 Prepare and endorse the annual reports on the activity and business of the Federation, as well as the balance sheet and budget.
11/3 Prepare and endorse the job structure of the Secretariat General and the payrolls.
11/4 Ratify the executive assignments that achieve the targets of the Federation for the Secretary General or any of its members. The Executive bureau may authorize the Chairman of the Federation, one of its members or one of the members of the General Assembly to carry out specific tasks.
11/5 The Executive bureau shall convene at least once every four months. It shall assume the preparation of the internal regulations that determine the rules and procedures of holding its meetings, adopting its decisions and the manner of running the business at the Federation in times other than its convening dates, provided that such regulations would be ratified by the General Assembly in its first following meeting.
The General Secretariat
Article 12 : The General Secretariat
12/1 The General Secretariat shall comprise the Secretary General who shall be appointed by a decision by the Executive bureau for a period of three years. His appointment may be renewed for one other term. He shall be assisted by a suitable number of administrative employees pursuant to the job structure of the General Secretariat.
12/2 The Secretary General shall be invited to attend the meetings of the General Assembly and the Executive Bureau, and shall assume the secretariat works in them. He shall participate in the discussions without having a countable vote in the decisions.
12/3 The General Secretariat shall assume the following tasks :
12/3/1 To execute the decisions that are issued by the General Assembly, the Executive Bureau or the Chairman of the Federation.
12/3/2 Prepare the draft of the annual report on the activity and business of the Federation.
12/3/3 Prepare the annual balance sheet for the Federation, financial position and a report on the running of a business at the General Secretariat to be put forward before the Executive Bureau.
12/3/4 Run the daily administrative business of the Federation, seek collecting, providing and examining the information, data and researches as well as the developments of events in connection with what relates to the activity of the Federation and its targets.
12/3/5 The General Secretariat shall be the constant connecting link for all members of the Federation. It shall be fully responsible for all papers, decisions and documents related to the Federation and all assets owned by it.
12/3/6 The Secretary General shall preside over the administrative body of the General Secretariat and shall assume laying down the rules and guidelines that guarantee the good performance of its staff. He shall also be responsible to the Executive Bureau for the expenses of running the business within the limits of the amounts budgeted for.
Article 13 : Specific Committees
Permanent and temporary specific committees shall be set up at the Federation including an appropriate number of members of the Federation or others with the objective of studying and paying attention to all the affairs of the Federation. The internal regulations shall determine the manner of setting up of these committees and the method of practicing their works.
Chapter Four : Financial Resources & Spending
Article 14 : The Financial Vessel
The financial vessel of the Federation shall comprise the following resources :
14/1 The Federation membership admission fees and the annual subscription of the members.
14/2 The income resulting from the exhibitions, seminars, conferences, releases and all activities carried out by the Federation.
14/3 The proceeds from the contributions submitted to the Federation from the countries, organizations or legitimate personalities where the Executive Bureau approves their acceptance.
14/4 The income resulting from the investment projects carried out by the Federation or in which it contributes.
Article 15 : Managing the Funds
15/1 The funds of the Federation shall be deposited in a special account with an accredited bank in the headquarters country. It is also allowable to open accounts in other banks in any African country when necessary by the approval of the Executive bureau.
15/2 Spending shall be carried out within the limits of the budget by virtue of cheques to be signed by the Chairman of the Federation and the Secretary General. There will be a subsidiary account for the current expenses, wages and salaries appropriations of the General Secretariat to be spent from by virtue of cheques to be signed by the Secretary General and the Financial Manager.
15/3 The General Assembly shall assign one of the certified auditors to control the revenues and expenditures, and prepare an annual report on his notes to be submitted to the General Assembly at the time of presenting the balance sheet.
15/4 The financial year of the Federation shall commence on the first day of January and end on the last day of December of each year. The General Assembly shall convene within four months following the expiry of the financial year.
Chapter Five : General Provisions
Article 16 : With the exception of the second paragraph of Article Four, all organizations, authorities, federations or conglomerates signing these articles of association shall be founding members of the Federation, thereafter the approval of the General Assembly must be obtained for the admission of any new members to the Federation.
Article 17 : The headquarters country shall grant the Federation the required privileges and immunities that enable it to perform its activity and attain its goals. It shall treat it as an international civil organization enjoying the right to acquire, possess, manage and dispose of real estates and funds, conclude contracts and litigate in lawsuits.
Article 18 : The member of the Federation belonging to the headquarters country shall comply with providing the appropriate premise as headquarters for the Federation and provide it with the suitable furniture and equipment that guarantee for the Chairman and the Secretariat the performance of their work.
Article 19 : The duration of this Federation is indeterminate; nevertheless, the majority of two thirds of the votes of the General Assembly may dissolve the Federation and appoint a committee for its liquidation pursuant to the rules and guidelines in force at the headquarters country.
Chapter Six : Interim Provisions
Article 20 : As an exception to the stipulation of the fourth paragraph of Article Fourteen, the first financial year of the Federation shall extend till the end of December 2007
Article 21 : As an exception to the stipulation of Article Sixteen, the Executive Bureau shall have the right to accept new members during the first session of the Federation.
Article 22: The member belonging to the headquarters country (in addition to what is mentioned in Article Seventeen) shall comply with all expenses of running the headquarters, comprising the salaries and wages of the General Secretariat staff, and the water, electricity and means of communication consumption expenses during the first financial year.
Article 23: All the aforementioned Articles are provisionally accepted by all Founding Members and the signatories hereof for a period of one year from todays date. All members in the interim will be entitled to propose amendments, improvements, additions and deletions for deliberation and adoption by the members in a final document in one years time.