CONSTITUTION

CONSTITUTION OF THE AFRICAN CORRECTIONAL/PRISONS

SERVICES ASSOCIATION (ACSA)


PREAMBLE
We, the countries of Africa, through our Heads of Corrections/Prisons Services,
COGNISANT of the need to expedite a paradigm shift in correctional/prisons services on the African
Continent from punitive to human rights-based corrections/prisons services;
DETERMINED to ensure through common action the progress and well-being of correctional/prisons
facilities and systems;
MINDFUL of the need to involve individuals and civil society in the affairs and improvement of
correctional/prisons facilities and services in Africa, particularly through the guarantee of democratic
rights, respect for human rights and the rule of law;
DEDICATED to secure by concerted action international understanding, support and cooperation; and
NOTING the principles of international law governing relations between and amongst states
RESOLVE to establish an International Association known as the African Corrections/Prisons Services
Association (ACSA) and hereby agree as follows:


PART ONE


ARTICLE 1



DEFINITIONS
In this Constitution, unless the context otherwise requires,
Association means the African Corrections/Prisons Services Association;
Code of Conduct means the code of rules and regulations
Constitution means the Constitution of the Association;
Chairperson means the Chairperson of the Association;
Liaison Officer means the person appointed by a Member State in accordance with Article 17 of this
Constitution;
Member means a member of the Association as described in Article 7 of this Constitution;
Member State means a state or government which is a member of the Association;
Observer means an individual or institution invited by the Association to attend meetings of the
Association;
Secretariat means the Secretariat of the Association;
Treasurer means the Treasurer of the Association;
Vice Chairperson means the Vice Chairperson of the Association.
Vice Treasurer means the Vice Treasurer of the Association;
Ministerial Consultative Forum shall mean a forum composed of African Ministers whose portfolios
include corrections/prisons.
Core Members Council shall be made up of all the Heads of African Corrections/Prisons.
Executive Committee shall mean an executive committee made up of the associations office-bearers
and regional representatives.
Regional Vice Chairpersons shall mean five regional chairperson appointed by the CMC to champion
the association in their respective regions.
Region shall mean the Northern, Southern, Eastern, Western and Central Africa.
Secretariat shall mean the location principal executive office of ACSA and shall be responsible to the
Executive Committee.



PART TWO


ARTICLE 2



ESTABLISHMENT AND LEGAL STATUS
2.1 By this Constitution, the African Corrections/Prisons Services Association
(hereinafter referred to as ACSA) is established.

2.2 The Headquarters of ACSA shall be in a Member State.



ARTICLE 3


LEGAL STATUS
3.1 ACSA shall be an all-African intergovernmental body with legal personality
with capacity to enter into contracts and to acquire, own or dispose of movable or immovable
property, to sue or sued.




PART THREE


ARTICLE 4



OBJECTIVES
4.1 The objectives of ACSA shall be to:
4.1.1 Promote cooperation among the participating Core
Members;
4.1.2 Make specific recommendations to governments and
multilateral associations for action;
4.1.3 Identify common operational matters for discussion and further
action as may be required;
4.1.4 Share and exchange expertise, knowledge, skills and research
results;
4.1.5 Promote Human Resources Development;
4.1.6 improve conditions of service of correctional/prison services
personnel;
4.1.7 Improve management in correctional/prison services;
Promote international interaction and collaboration in respect of
correctional/prison services;
4.1.8 Promote human rights and international norms and standards in
correctional/prison services;
4.1.8 Promote technical assistance and co-operation;
4.1.9 Promote law reform;
4.1.10 Promote correctional/prison services in the Criminal Justice
System;
4.1.11 Promote cultural contact; and
4.1.12 Promote correctional/prison services in post-conflict
reconstruction.





PART FOUR
SCOPE, MEMBERSHIP, ADMISSION OF NEW MEMBERS,
WITHDRAWAL, AND SUSPENSION AND TERMINATION


ARTICLE 5


SCOPE
5.1 ACSA shall be an all-African intergovernmental body open to correctional/prison services and
other entities either as Core or Associate Members as defined by Article 7 of this
Constitution.




ARTICLE 6


MEMBERSHIP
6.1 The membership of ACSA shall consist of:
6.1.2 Core Members are of Heads of African Corrections/Prisons of Member States.
6.1.3 Associate Members are individuals and associations who shall pay 50% of the full
membership and enjoy discussion and voting rights on non-policy matters;
6.1.4 Observers are individuals or institutions who are invited or whose application for attendance
is accepted by the Chairperson and who pay a prescribed registration fee and participate in
discussion by invitation and not have any voting rights.
6.1.5 Honorary Members are individuals who have significantly contributed to the development of
correctional/prison services as well as those who have made a distinguished contribution to
the well-being of society.


ARTICLE 7


ADMISSION OF NEW MEMBERS
7.1 ACSA may admit new members in accordance with Article 6 upon receiving applications from
interested parties.

7.2 An application for membership shall be made to the Chairperson through the Secretariat and the
Chairperson shall inform the Core Members Council (CMC) who shall make a decision whether
or not to admit the applicant provided that reasons shall be given where the application is
rejected.



ARTICLE 8


WITHDRAWAL
8.1 Any member may withdraw from ACSA by giving twelve (12) months written notice to the
Secretariat of that members intention to withdraw and that member shall thereon cease to be a
member of ACSA. The Core Members Council (CMC) shall make a determination of the
issue.



ARTICLE 9



SUSPENSION AND TERMINATION
9.1 Membership may be suspended or terminated by the Core Members
Council on grounds of:
9.2 Non-payment of annual membership subscription fees for four (4) consecutive years without
justification acceptable to CMC;
9.3 Non-participation in meetings of ACSA for two (2) consecutive occasions without proper
justification; and
9.4.1 Breach of the ACSA Code of Conduct.
9.4.2 Any member whose membership has been suspended or terminated in accordance with
Paragraph 1 of this Article may be readmitted as a member on the decision of the CMC.



PART FIVE

INSTITUTIONS

ARTICLE 10



ESTABLISHMENT OF INSTITUTIONS
10.1 The following institutions are hereby established:

10.1.2 Ministerial Consultative Forum
10.1.3 Core Members Council
10.1.4 Executive Committee
10.1.5 Secretariat.

10.2 Other institutions may be established as necessary.



ARTICLE 11



MINISTERIAL CONSULTATIVE FORUM (MCF)
11.1 There shall be a Ministerial Consultative Forum (MCF) composed of African Ministers whose
portfolios include corrections/prisons.

11.2 The MCF will be responsible for the following:
11.2.1 Serve as a collective platform that champions the effective action and the promotion of
African Corrections/ Prisons reform agenda in multi-lateral and continental forums.
11.2.2 Represent and promote the strategic interests of the ACSA in terms of political engagements
and further mobilization of support to strengthen the ACSA.
11.2.3 Actively assist in mobilizing resources for the ACSA, both amongst African member states
and other partners.

11.2 The Structure of the MCF
11.2.1 The MCF will elect a Chairperson and Vice Chairperson
11.2.2 The Chairperson and the Vice Chairperson will hold office until the next meeting of the MCF.


11.3 Meetings of The MCF
11.3.1 MCF Meetings will take place once (1) a year.


11.4 Notices
11.4.1 Notice of MCF meetings will be issued no later than sixty (60) days before the meeting.
11.4.2 The notice of the meeting will be accompanied by a provisional agenda and minutes of the
previous meeting which will have been submitted by the Chairperson of the CMC and agreed
to by the Chairperson of the MCF.
11.4.3 Where necessary, documentation for MCF meetings will be issued no later than thirty (30)
days prior to the meeting.




ARTICLE 12


CORE MEMBERS COUNCIL (CMC) AND THE EXECUTIVE COMMITTEE
12.1 CORE MEMBERS COUNCIL
12.1.1 The CMC shall be made up of all the Heads of African Corrections/Prisons.
12.1.2 The CMC will meet annually to review progress made in the implementation of resolutions of
the Association.
12.1.3 The CMC shall elect among their number a Chairperson, Vice Chairperson, Treasurer and
Vice Treasurer etc, as indicated in Article 13 to 16 who shall also be members of the
Executive Committee.

12.1.3 Functions of the Core Members Council:

12.1.3.1 Policy formulation and development regional and international cooperation
12.1.3.2 Formation and functioning of the Secretariat; Admission of new members and suspension
and termination of members;
12.1.3.3 Implementation of resolutions;
12.1.3.4 Formation of sub-committees;
12.1.3.5 Approval of programmes and the ways, means and modalities of funding and monitoring
implementation;
12.1.3.6 Deployment of missions to governments and regional, continental and international forums;
12.1.3.7 Approval of contracts, memoranda of understanding (MOUs) and other agreements; and
12.1.3.8 Formulation of rules and regulations.
12.1.3.9 Shall appoint a Principal Officer and Assistant Principal Officer as indicated in Article 19 and
20.

12.1.4 Relationship with the Ministerial Consultative Council (MCF):
12.1.4.1 The CMC will submit progress reports to the MCF as-and-when the MCF meets.
12.1.4.2 Members of the CMC will interact with the Ministers of the MCF in between meetings for
purposes of oversight and tactical support.
12.1.4.3 Informal engagements with the MCF.


12.2 EXECUTIVE COMMITTEE

12.2.1 The Executive Committee shall be made up of the following officers:
12.2.1.1 Chairperson
12.2.1.2 Vice-Chairperson
12.2.1.3 Regional Vice-Chairpersons
12.2.1.4 Treasurer
12.2.1.5 Vice Treasurer
12.2.1.6 Secretary
12.2.1.7 Vice Secretary


12.2.2 The Executive Committee shall:
12.2.2.1 Oversee the implementation for the Resolutions of the CMC.
12.2.2.2 Exercise oversight functions on the overall operations of the Association
12.2.2.3 Report to the CMC

12.2.3 Quorum
12.2.3.1 The quorum for the Executive Committee will be fifty percent plus one (50% + 1).



ARTICLE 13


THE CHAIRPERSON
13.1 Election of Chairperson
13.1.1 The Chairperson shall be elected by the Core Members Council Meeting for a period of two (2)
years not exceeding two terms.
13.1.2 Any Member State may propose a name for election to the position of Chairperson and such
election will proceed in accordance with a procedure agreed upon by the CMC.
13.1.3 The person so elected shall serve as Chairperson for a period not exceeding two (2)
consecutive terms.

13.2 The Chairperson shall:
13.2.1 Oversee the overall performance of ACSA;
13.2.2 Chair the meetings of the corrections/prisons services CMC and Executive
Committee;
13.2.3 Be the Chief Spokesperson of ACSA; and
13.2.4 Be the Chief Representative of ACSA at meetings of multilateral organs
and other partners.




ARTICLE 14


VICE CHAIRPERSON
14.1 Election of the Vice Chairperson
14.1.1 The Vice Chairperson shall be elected from among the members of the CMC for a period of
two years.
14.1.2 Any Member State may propose a name for election to the position of Vice Chairperson and
such election will proceed in accordance with a procedure agreed upon by the CMC.

14.1.3 The Vice Chairperson shall:
14.1.3.1 Perform all duties assigned by the Chairperson in his or her absence or as requested by the
Chairperson.



ARTICLE 15


REGIONAL VICE CHAIRPERSON
15.1 Designation of Regions
15.1.1 There shall be five (5) Regions namely; North, South, East, West and Central Africa initially
appointed by the CMC.

15.2 Election of Chairperson of Regional Vice Chairpersons
15.2.1 Regional Vice Chairperson shall be elected by Member States in their designated regions for a
period of two (2) years not exceeding two terms.
15.2.2 Any Member State within the designated region may propose a name for election to the
position of Regional Vice Chairperson and such election will proceed in accordance with a
procedure agreed upon by the CMC.
15.2.3 The person so elected shall serve Regional Vive Chairperson for a period not exceeding two
(2) consecutive terms.

15.3 Functions of the Regional Chairpersons
15.3.1 Promote ACSA programmes and activities in their respective regions
15.3.2 Serve as regional coordinators of ACSA activities.
15.3.3 Act as mobilisors of regional resources for the purpose of promoting the
aims and objectives of ACSA



ARTICLE 16


TREASURER
16.1 Election of the Treasurer
16.1.1 The Treasurer shall be elected from among the members of the CMC for a period of two years.
16.1.2 The Treasurer may be re-elected for another term of two years.

16.2 The Treasurer shall:
16.2.1 Ensure that due diligence and accounting principles are applied in the management of the
account.
16.2.2 Exercise his/her authority on use of finances through the Finance Committee.
16.2.3 Maintain a register containing a list of all ACSA members with their contributions dully
reflected.
16.2.4 Prepare the budget estimates for a proposed activity, and obtain the approval of the Finance
Committee for spending after scrutiny.
16.2.5 Keep proper books of account including all moneys received and payments made into the
Association account and makes these available to the appointed external auditors for scrutiny.



ARTICLE 17


VICE TREASURER
17.1 Election of the Vive Treasurer
17.1.1 The Vice Treasurer shall be elected by the CMC.
The Vice Treasurer may be may be re-elected for another term of two years.

17.2 Functions of the Vice Treasurer
17.1.2 Performing all duties of the Treasurer in his or her absence or as requested by the Treasurer.



ARTICLE 18


SECRETARY
18.1 Election of the Secretary
18.1.1 The Secretary shall be elected by the Core Members Council Meeting for
a period of two (2) years.
18.1.2 Any Member State may propose a name for election to the position of
Secretary and such election will proceed in accordance with a procedure agreed upon by the
CMC.
18.1.3 The person so elected shall serve as Secretary for a period not exceeding
two (2) consecutive terms.

18.2 The Secretary shall:
18.2.1 Oversee the overall performance Principal Officer and the Secretariat;
18.2.2 Report to the CMC on the work of the Secretariat.
18.2.3 Be the Spokesperson of ACSA as mandated by the Chairperson.
18.2.4 Be the Representative of ACSA at meetings of multilateral organs and
other partners as mandated by the Chairperson.


ARTICLE 19


VICE SECRETARY
19.1 Election of Vice Secretary
19.1.1 The Vice Secretary shall be elected by the CMC.
19.1.2 The Vice Secretary may be may be re-elected for another term of two years.
19.1.3 The person so elected shall serve as Secretary for a period not exceeding two (2) consecutive
terms.

19.2 Functions of the Vice Secretary
19.2.1 The Vice Secretary shall performing all duties of the Secretary in his/her absence or as
requested by the Secretary.



ARTICLE 20


THE SECRETARIAT
20. The Secretariat
20.1 A Secretariat shall be established and shall operate as provided for under this constitution.
20.2 Unless specifically provided for in this Constitution, the structures of The Secretariat and
specifications, descriptions and grading of jobs of the staff of the Secretariat shall be as
determined by the CMC from time-to-time.
20.3 The head of the Secretariat shall be the Principal Officer.
The Secretariat shall have other staff as may be determined by the CMC from time-to-time.




ARTICLE 21


THE PRINCIPAL OFFICER
21.1 Appointment of the Principal Officer
21.1.1 The Principal Officer shall be a permanent appointment of the Executive Committee
21.1.2 The Principal Officer shall be the Principal Executive Officer of ACSA

21.2 Responsibility of the Principal Officer:
21.2.1 Effective coordination and implementation of the decisions of ACSA;
21.2.2 Initiating, receiving and submitting recommendations to the CMC for approval;
21.2.3 Initiating research into and the implementation of programmes through the most appropriate,
efficient and effective ways of achieving the objectives of ACSA;
21.2.4 Strategic planning, management and monitoring of programmes for the development of ACSA;
21.2.5 Undertaking, either on its own initiative or otherwise, such investigations, collection of
information, or verification of matters relating to any matter affecting ACSA that appears to it to
merit examination;
21.2.6 Coordination and harmonisation of policies and strategies relating to the development of
ACSA;
21.2.7 General promotion and dissemination of information on ACSA in any form to stakeholders and
the general public;
21.2.8 Submission of reports on the activities of ACSA to the CMC;
21.2.9 General administration and management of ACSA with the approval of the CMC;
21.2.10 Mobilisation of funds from development partners and other sources for the implementation of
projects and other activities of ACSA;
21.2.11 Submission of the budget of ACSA to the CMC for its consideration;
21.2.12 Proposing draft agendas for meetings of ACSA and Terms of reference of all sub-committees
appointed by the CMC;
21.2.13 Keeping records of meetings of ACSA;
21.2.14 Custody of the assets and liabilities of ACSA; and
21.2.15 Such other matters that may be directed by the CMC.



ARTICLE 21


THE DEPUTY PRINCIPAL OFFICER
21.1 Appointment of the Deputy Principal Officer
21.1.1 The Deputy Executive Secretary may be appointed for a period of two (2) years, and is
eligible for re-appointment for another period not exceeding two (2) terms.

21.2 Functions and Duties of the Deputy Principal Officer
21.2.1 The Deputy Executive Secretary shall perform such duties and functions as assigned to him
or her by the Executive Secretary from time-to-time and will act as the Executive Secretary in
his/ her absence.



ARTICLE 22


LIAISON OFFICER
1. Each Member State shall appoint a Liaison Officer whose duties shall include the facilitation
of all interaction between the respective Member State and ACSA.

2. The Liaison Officer shall be the contact person for purposes of communication between the
respective Member State and the Secretariat.



ARTICLE 23


SUB-COMMITTEES
1. The CMC shall appoint the following sub-committees for special tasks to assist the Secretariat
in its functions:

(a) The Sub-Committee on Fundraising and Resources Mobilisation which shall be
responsible for the mobilisation of funds and other material resources to support the
programmes of ACSA;
(b) The Sub-Committee on Finance and Audit which shall oversee the development of the
ACSA budget, projects and any other duties related to auditing and financial
management; and
(c) The Sub-Committee on External and Legal Affairs which shall attend to all legal
matters related to regional cooperation and advice on approaches and actions to
harmonise regional legislation.

2. The CMC may appoint and mandate various other sub-committees as the need arises

3. The Sub-Committees appointed in accordance with Paragraph 1 and 2 of this Article shall
consist of at least five (5) Core Members.



ARTICLE 24


CODE OF CONDUCT
ACSA may formulate a Code of Conduct to help regulate the affairs of ACSA as necessary and the Code.



PART SIX


MEETINGS


ARTICLE 25

QUORUM
The quorum for all meetings of the institutions of ACSA shall be 50% plus one (1) of its members.


ARTICLE 26


MEETINGS
1. ACSA shall convene the following:

(a) Biennial General Meeting to be attended by all the members of ACSA;
(b) Biennial Conference to be attended by all members of ACSA and other invited guests as
identified by the Executive Committee;
(c) Council of Ministers; and
(d) Core Members Meeting.

2. The Chairperson or any Core Member may call for an Extraordinary Meeting by lodging a
request with the Chairperson who shall convene such a Meeting after obtaining the support
of a two-thirds (
2
/
3
) majority of the CMC.

3. The CMC shall decide the venues of meetings indicated in paragraph 1 of this Article.



ARTICLE 27


DECISIONS
1. Except as otherwise provided in this Constitution, decisions of the institutions of ACSA shall
be taken by consensus.

2. Where a decision cannot be reached by consensus the members may agree to take a
decision by secret ballot.

3. Decisions taken by ACSA shall be non-binding but the members shall endeavour to adhere
to the decisions taken.



ARTICLE 28

PROCEDURE
Except where otherwise provided in this Constitution, the institutions of ACSA shall determine their own
rules of procedure.



ARTICLE 29

LANGUAGE
The working languages of ACSA shall be English, French, Portuguese and Arabic.



ARTICLE 30

NOTICES
The Secretariat shall send a written notice of the date and venue of meetings of any institution of ACSA to
all participating members not less than three (3) months before the dates of meeting provided a notice for
an extraordinary meeting shall be one (1) month.



PART SEVEN

FUNDING, COSTS, ASSETS AND AUDIT

ARTICLE 31



FUNDING
Funding for ACSA shall consist of annual contributions from members as determined by the CMC in
consultation with all the members of ACSA.



ARTICLE 32


COSTS
1. ACSA shall be responsible for costs relating to the venue of meetings.

2. Any Core Member hosting a meeting shall be responsible for logistics such as transport and
security during the meeting.

3. The cost of international travel, accommodation and subsistence of delegates to meetings
shall be borne by respective members.

4. The cost of travel, accommodation and allowances for invited resource persons shall be paid
by the Association.

5. The cost of travel and accommodation for invited Honorary Members shall be borne by
ACSA unless stated otherwise by the respective Honorary Member.



ARTICLE 33


ASSETS
Property, both movable and immovable, acquired by or on behalf of ACSA, shall constitute the assets of
ACSA irrespective of their location.



ARTICLE 34


AUDIT
The CMC shall appoint external auditors to audit the accounts of ACSA at the beginning of each financial
year.




PART EIGHT

ARTICLE 35



AMENDMENTS

1. The CMC may amend any part of this Constitution provided that such amendment is passed
by a two-third (
2
/
3
) majority of all Core Members.

2. A proposal for any amendment shall be communicated to the Chairperson through the
Secretariat and the Secretariat shall circulate a two (2) month notice to all Core Members
before the amendment is considered.




PART NINE

ARTICLE 36


SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation or application of this Constitution or any other instrument made
under this Constitution shall be resolved through consultation and negotiation.

PART TEN

ARTICLE 37


DISSOLUTION
1. ACSA shall not be dissolved except by a resolution passed in a meeting of ACSA members
by a vote of two-thirds (
2
/
3
) of the Core Members and no further action shall be taken by any
institution, sub-committee or any office bearer in connection with the objectives of ACSA.

2. The dissolution shall be subject to the payment of all the debts and other liabilities of ACSA,
the balance thereof shall be distributed in such a manner as may be resolved by the meeting
at which the resolution for dissolution is passed.



PART ELEVEN

ARTICLE 38


ENTRY INTO FORCE
This Constitution came into force upon being adopted by the Launch Conference of the African
Correctional Services Association (ACSA) on the 26
th
September 2008 in Livingstone, Zambia.




Signed in on the . 2009







________________________________
Mr. Gibbie Nawa
Chairperson of ACSA and
Commissioner of Prisons, Zambia






________________________________
Ms. Xoliswa Sibeko
Secretary of ACSA and
National Commissioner of Correctional Services, South Africa