Great Karoo Conservancy Constitution (An Association of Residents and Concerned People)
This document was given to us by the Bronkhorstspruit and Wilge River Conservancy Association and approved by attorney Derek Light for Karoo purposes.
1. CONSTITUTION
There shall be constituted a body known as the GREAT KAROO CONSERVANCY. The provisions herein contained shall be known as the Constitution of the Association, which provisions may be altered by a majority of those members present at a general meeting of members, save:
1) That the precise terms of any proposed alteration shall be set out in the notice convening the meeting; and 1.2 the purpose and objects of the Association shall not be altered without the consent of 75% of all the members.
2. OBJECTIVES:
The objects of the Association shall be to assist its members in every possible way and in particular:
1) To protect and maintain the environmental integrity and bio-diversity of the area around the Great Karoo and its catchment areas, and environs for current and future generations.
2) To ensure that all development and other matters in these areas and its environs are to the benefit of the inhabitants and concerned persons.
3) To provide inputs into any decisions, planning, development or other matters affecting these areas, its environs and bio-diversity in any way.
4) To promote ecologically sustainable development and use of natural resources.
5) To promote sustainable and justifiable economic and social development.
6) To take action in any situation which may influence the stated objectives or which may affect these areas, its environs or bio-diversity.
3 MEMBERSHIP
1) The following persons are eligible as members of the Association:
1.1) Any person, association and/or institution who subscribes to the aims and objectives of the Association; and
1.2) is approved by the committee as a member.
2) A person desiring to join the Association shall lodge with the secretary an application for this purpose.
3) An application for membership shall be considered and decided by the committee whose decision as to whether an applicant qualifies for membership, shall be final and binding.
4) In the event of the member not being a natural person, such juristic person may nominate a natural person to become a member in its stead.
5) Any member may resign by notice to the chairperson. Such member remains liable for membership dues up to the date of receipt by the chairperson of the letter of resignation.
6) Membership will be held confidential, and it is up to individual members to disclose his or her membership in public.
7) The Management of the Association may cancel a member’s membership if aforesaid member are seen to in any way damage the reputation, aims or objectives of the Association. The member will be informed in writing of the cancellation and will have the opportunity to respond in writing, within 7 days of notification, or in any other way determined by the management.
4. INCORPORATION
The Association shall be capable in its own name of suing and being sued and of purchasing of other or otherwise acquiring, holding or alienating property, whether movable or immovable, and/or any interest therein and of opening a banking account in its own name.
If and where necessary it may appoint one or more of its members to hold any property in trust for it or to act for it in any matter including legal proceedings.
5. MANAGEMENT
1) The interests of the Association shall be managed by a four member committee consisting of a chairperson, vice-chairperson, secretary, treasurer who shall be elected at each annual general meeting, save for the first committee members elected at a general meeting held on 30 August 2010. This elected committee can appoint up to five additional committee members.
2) Retiring committee members are eligible for re-election.
3) Only members of the Association are eligible for election as committee members.
4) The committee may co-opt a member to the committee in the event of a vacancy occurring for the remaining period of the term of office of the person who vacated the position.
5) The committee of the Association may appoint sub-committees as it deems fit in its discretion.
6) Each sub-committee shall be chaired by a committee member and may consist of so many members as the committee may decide from time to time.
7) A sub-committee may co-opt any member to such sub-committee.
6. MEETINGS
1 Committee Meetings
1.1) Committee meetings shall be convened by the Secretary, on the instructions of the chairperson or vice-chairperson, or when four committee members jointly and in writing apply for such a meeting to be convened. Four committee members shall form a quorum.
1.2) Committee decisions shall take place by voting. In the event of the voting being equal the chairperson shall have a casting vote.
1.3) Should a committee member absent himself from two successive committee meetings without valid reason, he shall forfeit his committee membership.
2 General Meetings
2.1) The annual general meeting of the Association shall take place annually within a period of two months after the financial year end on a date, time and place decided by the management of the Association and will be conveyed to all the members by email or sms.
2.2) The financial year shall terminate on 30 November of every year.
2.3) A special general meeting may be convened by the committee on the signed, written request of at least ten registered members of the Association which request must be accompanied by a motivated proposal for the requesting of such a meeting.
3 The committee may call a general meeting as it deems fit.
4 The following procedures shall apply to all general meetings:
4.1) A minimum of seven members will form a quorum. In the absence of such a quorum, the members present may adjourn the meeting for a period of seven days where the members present at the adjourned date will automatically constitute a quorum.
4.2) Decisions shall be taken by a majority vote.
5 Finances
1) All the income of the Association shall be deposited in an account at a bank and/or other approved financial institution. Any two members, consisting of the chairman, vice-chairman, secretary or treasurer, shall be empowered to withdraw funds for the use of the Association.
2) Proper accounts shall be kept of all finances of the Association as set out in the regulations published in terms of the Fundraising Act, 1978.
3) A financial report shall be produced by the treasurer at the annual general meeting or upon request from the committee.
4) Financial contributions can be collected from all persons and/or organizations, worldwide, which support the objects of the organization.
5) No member shall be held responsible for any expense, except his annual membership fee. Contributions towards the expenses of the Association, are on a strictly voluntary basis.
6) All income and assets that the Association might acquire will be used solely to benefit and advance the objections for which the Association was constituted.
7. RIGHT TO VOTE
Each registered member has one vote at any meeting.
8. CONSTITUTIONAL AMENDMENTS
Any amendment to this Constitution shall only be effected by a two thirds majority decision at a general meeting or special general meeting and further provided that seven days’ prior notice was given of the proposed amendment. Notice is to be given in the same manner as a notice for a general meeting.
9 DISSOLUTION
1) The Association may be dissolved, or merged with any other association with similar purposes and objects in each case only:
1.1) On a resolution passed by the majority of members present at a duly constituted general or special general meeting of members; or
1.2) On an application to a court of law by any member on the ground that the Association has become dormant or is unable to fulfil its purpose and objects.
2) On a merger, the assets of the Association shall accrue to the Association with which the merger is affected.
3) On dissolution, the assets of the Association shall be realized by a liquidator appointed by the general meeting or the court, as the case may be, and the proceeds shall be distributed equally amongst such Associations with similar objects as may be nominated by the last committee of the Association.
10 MISCELLANEOUS
1) Every officer and member of the Association shall be entitled at all reasonable times to inspect all books of account and other documents of the Association which the custodian thereof shall accordingly be obliged to produce.
2) Every member of the committee, or sub-committee, officer, member, agent or servant of the Association shall be indemnified out of its funds against all costs, charges, expenses, losses and liabilities incurred by him in the conduct of the Association’s business, or in the discharge of his duties and no person shall be liable for the acts or omissions of any other such person by reason of his having joined in any receipt of money not received by him personally, or for any loss on account of his defect in title to any property acquired by the Association, or on account of the insufficiency of any security in or upon which moneys of the Association shall be invested, or for any loss incurred upon any ground whatever.
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