Circular No: JMT/161/03 March 27, 2003
Muharram 23, 1424

AMENDMENTS TO THE AFRICA FEDERATION CONSTITUTION 

PREAMBLE: 

The Executives of the Regional Council of Indian Ocean had expressed their desire to withdraw their member Jamaats' membership from the Africa Federation during the World Federation Executive Council meeting in London September 2002. 

Their main bone of contention was that according to the Africa Federation’s existing Constitution the Regional Council is not considered member of the Africa Federation and that it is only the Constituent Jamaats of the Regional Council who are members of the Africa Federation. 

The Office Bearers of the Africa Federation assured the Executives that they shall discuss this matter further with the Supreme Council and offer solutions to maintain unity in the Community. 

The Office Bearers called an urgent meeting of the Chairmen, Councilors and prominent members of all Constituent Jamaats in Africa in Mombasa on 10th October 2002. This meeting directed the OBs to appoint a delegation drawn from amongst the most prominent members of our Community, excluding the Office Bearers, to visit Madagascar and resolve this longstanding impasse. 

This meeting further set up the Terms of Reference (ToRs) and provided a mandate to the delegation to address the following:

·        Offer membership to Regional Council

·        Facilitate full participation in the running of the affairs of AF.

·        A position for a second Vice Chairman be created in the AF Constitution reserved for Regional Council

·        Recommend all necessary amendments to the present Constitution to accommodate Regional Council.

·        Present their findings and recommendations for the necessary approval/adoption at the Extra-Ordinary Conference to be summoned by the Secretariat prior to the 61st Session of the Supreme Council.

The delegation held a meeting with Executives and Councilors of the Regional Council under the chairmanship of the President of the World Federation Alhaj Hasnain Walji in Madagascar on 20th February 2003 and successfully resolved the matter.

A Press Release was issued to all Jamaats and the Regional Council from the Secretariat highlighting the deliberations of the decisions taken within the ToRs & mandate given to the delegation.

In view of the above the Secretariat is now proposing the necessary amendments to the existing Constitution as per Article 7:

Please note that we shall also have to attend to the following:

·        Date when the revised/amended Constitution should take effect – is it immediate effect?

·        As soon as amendments are adopted then Vice Chairman from the Regional Council be declared/nominated/seconded/elected - at the Supreme Council meeting - when Regional Council report is presented?

·        The status of Re-Union & Mayotte being districts of France?

·        Do we need to address the issue of Trustees for Regional Council?

The Secretariat is considering the recommendations made at the Triennial Conference in 2001 on Restructuring Committee and considering information being obtained by Strategic Planning and Restructuring Committee (SPARC) and further considering the severity of the issues before us recommends that: 

·        These items are adopted as interim amendments.  A Panel/Committee is created hereby to fully scrutinize/comprehend the recommendations of both the Restructuring Committee and the SPARC to prepare both the Concept paper and review and redraft the entire Constitution.

·        The Draft is ready for deliberations within 120 days?

·        The Secretariat gives its commitment to complete this exercise for presentation/adoption at the Triennial Conference scheduled for April 2004.

Terms of Reference of the panel/committee to include and the areas to address:

§         Restructuring Committee Report 2001

§         Education

§         Secretariat

§         Tabligh

§         All Boards

§         Migration

§         Accountability

§         Capital Projects

§         Audit – appointment of Internal Auditor

§         SPARC ToRs

§         Sharia Laws

§         Past Resolutions

§         Amendments carried out 5 years ago

 

 

BARKAT RAJANI, HON SECRETARY

Enc: Proposed Amendments to the AF Constitution