The draft constitution

The African Commons Project  
Forging open, creative communities in Africa

Mission statement

The African Commons Project aims to bring together the FLOSS, open culture and open science communities to develop tools for showcasing Africa’s creative and innovative potential.

Rationale

African countries inherited their intellectual property rights (IPR) laws during the colonial period. Before that, the development of knowledge and creativity was a constantly evolving process in which the entire community was engaged. Decades later, African countries are fixed in a system of intellectual property rights management that is out of synch with African philosophy, culture and development.

There is currently a gap in publicly accessible knowledge and creative works necessary for the development of a culture of innovation in Africa – both within and outside of the continent.

A vast amount of the creative and innovative potential of African societies is currently untapped by traditional publishing and production models, making it inaccessible to both Africans and the world.

Despite its potential, the way that technology has been developed has rendered most Africans as passive recipients, rather than active producers of culture and technology.

The revolution of the free/libre open source software (FLOSS), open science and open culture/knowledge movements have offered a major impetus for local communities to engage actively in their own development and to enhance development through public knowledge and open creative communities.

As we move into the Information Age, it becomes essential to map out public, “commons” resources in order to ensure that Africa thrives in the digital economy. Just as public roads are essential to an efficient transport network and industrial economy, so too should there be public resources available to empower all citizens in becoming active participants in a thriving African Information Society.

The role of The African Commons Project is to bring together, implement and nurture these alternative models in African education, creative industries, software development, and entrepreneurship.

In doing so, the project will play a balancing role in the debate around intellectual property rights expansionism that is threatening to further the digital divide.

Objectives

1. Co-create workable technology tools to empower creative and innovative communities.
2. Facilitate collective problem solving by bringing together the FLOSS, open science and open culture communities.
3. Raise the profile of African creativity and innovation.

Membership

There are 5 categories of members. All categories of members must subscribe to the constitution and attend the AGM. All members are subject to the resignation and expulsion clause.

- Founding members

Founding members are the 7 members who subscribe to the founding constitution. The founding members do not have to pay an annual subscription fee.

- Sponsor members

Anyone who contributes a minimum amount set by the board can become a sponsor member. Sponsor membership will last 3 years, after which membership may be renewed on donation of the minimum amount. If the sponsor member is a corporate body, it may nominate up to 5 people to attend the AGM, but will only have one vote.

- Volunteer members

Anyone can become a volunteer member by volunteering at least 10 hours service to the organisation and are subject to the volunteer code of conduct.

- Honorary members

The board may elect any person as an honorary member. That person will become an honorary member once she has subscribed to the constitution. Honorary members do not have to pay annual subscription fees. Honorary membership will be for life unless the member resigns or is expelled.

- General members

Anyone can become a general member by subscribing to the constitution and paying an annual membership fee. Members are invited to the AGM where they have voting rights.

Resignation and expulsion

Members can resign by giving notice in writing. General members shall be deemed to have resigned if they fail to pay their membership fee a month after it is due. Members shall be deemed to have resigned if they don’t attend or send apologies for two consecutive AGMs. The board can reinstate any member who is deemed to have resigned on good cause shown.

Members can be expelled by a majority vote of the board. The board may expel members for acting contrary to the best interests of the organisation’s constitution. Before any decision is made, the board will give the member 10 days notice in writing of the intended expulsion and reason for the expulsion. The member may then address the board in writing to oppose the expulsion within the 10-day period.

Structures and decision-making

The structures and procedures set out here are in addition to the articles of association and are subject to the applicable company laws of South Africa.

The organisation will hold one annual general meeting and at least 2 board meetings per year.

The founding members will initially elect two directors and thereafter the members may elect further directors at the AGMs or special general meeting. Together the directors constitute members of the board. Directors may be executive or non-executive. Executive directors will be responsible for carrying out the day-to-day management of the organisation.

Members will approve the organisation’s financial report and the general strategic direction of the organisation at the AGM.

Executive directors are responsible for the daily management of the organisation, including human resource management, financial management, project management, funding acquisition, asset management, partner relations, communication to members and marketing of the organisation.

Non-executive directors are responsible for exercising a supervisory role of the financial and general management of the organisation, and for setting the strategic direction, partnerships with donors and stakeholder organisations.

Together, the directors are to set the strategic direction of the organisation.

The 3 executive directors will report to the board.

Heather Ford: Responsible for partnership programmes, funding agreements, marketing and communications, media liaison.

Kerryn McKay: Responsible for project management and coordination, asset management, training and skills development.

Andrew Rens: Legal counsel, responsible for contracts and policies.