Constitution
1. DEFINITIONS
In this constitution all words or expressions importing the masculine gender shall include the feminine; words signifying the singular shall include the plural and vice versa; and; unless the context otherwise expresses, the following expressions shall have the meanings indicated hereunder:
“Association” shall mean the Marina Civic Association.
“Council” shall mean the Local Municipal Council.
“Executive” shall mean the Executive Committee elected in terms of Clause 6.2 of this constitution.
“Members” shall mean the fully paid-up members of the Association.
“Marina Da Gama” shall mean Extensions 1, 2 and 4 of Marina Da Gama being Eastlake Island, Park Island, Uitsig Peninsula, Marina Moorings and San Marina.
2. NAME AND JURISDICTION
2.1 The name of the Association shall be the Marina Civic Association.
2.2 The Association is a voluntary Association existing separately from its members with the power to acquire, own or dispose of property; to sue or be sued under its name; to do all things and to perform all such acts as a voluntary association may in law do and perform; to open and operate one or more banking accounts with a lawfully registered bank or savings institution.
2.3 The Association shall not be liable for any debt incurred or obligation accepted by any of its office-bearers or members without the prior written authority of the executive committee.
2.5 A member of the Association is indemnified against any cost, claim or suit howsoever rising as a result of anything done or performed in the course of any lawful instruction given or resolution made by the executive committee or the members at an annual general or special general meeting.
2.6 The area of operation of the Association shall be the area of Extensions 1, 2 and 4 of the Marina Da Gama area being Eastlake Island, Park Island, Uitsig Peninsula, Marina Moorings and San Marina.
2.7 The domicilium citandi et executandi of the Association shall be 40 Fairlake, Shearwater Drive, San Marina.
3. OBJECTIVES
3.1 To keep itself informed on the affairs of the Council, especially on matters that affect ratepayers and other residents of Marina Da Gama.
3.2 To be engaged constructively in liaison with the Council, in the management of Marina Da Gama and to further the interests of its ratepayers and other residents.
3.3 To create an open channel of communication with the Council and to contribute such skills and information as may be considered necessary to enable it to come to such conclusions as may be advantageous to all the residents of Marina Da Gama.
3.4 To convey to the relevant authorities all areas of concern, which are considered reasonable by the Executive, of members.3.5 To concern itself with matters relating to adequate representation of ratepayers on the Council.
3.6 To appoint such sub-committees as may be necessary from time to time to investigate and to report to the Executive such matters as will give effect to the aims and objectives of the Association.
3.7 To liaise with government departments, the Provincial Administration and any other bodies, insofar as it concerns Marina Da Gama and the members of the Association.
3.8 To form alliances with other community bodies in Marina Da Gama with the aim of furthering the interest of the Marina Da Gama residents.
3.9 To do all such other things as may be necessary to achieve the objectives of the Association.
4. MEMBERSHIP
4.1 Membership shall be open to all ratepayers and residents over the age of 18 years, (including registered corporate bodies, partnerships and other businesses) of Marina Da Gama.
4.2 Subscription to the Association shall be free, but a yearly proposed donation for administration shall be set at the AGM.
4.3 Subject to Clause 4.1 a member shall be a person who has paid his current annual subscriptions as determined by the Annual General Meeting from time to time.
4.4 Every member shall have one vote at the Annual General Meeting (AGM) provided that there will be a maximum of 2 votes per household and provided that the Chairman shall only have a casting vote.
5 LIABILITY OF MEMBERS
5.1 The liability of each member shall be limited to his/her subscription and to any other debt owing by such member to the Association.
6 TERMINATION OF MEMBERSHIP
6.1 A member may resign from the Association at any time. Notice of resignation must be given in writing. Any member in arrears at the end of the financial year shall be deemed to have resigned from the Association.
6.1 Suspension and expulsion
6.1.1 Written notice of suspension or expulsion shall be given to the member. In the notice of suspension or expulsion, it shall state which provision of this Constitution has been contravened by the member.
6.1.2 The suspended or expelled member shall have the right to reply in writing or in person.
7 MEETINGS
7.1 Annual General Meetings and other meetings of the Association shall be held on such dates and at such times as the Executive Committee shall decide provided that the AGM shall be held not later than the end of October each consecutive year.
7.2 Fourteen days written notice shall be given of an AGM or Special General Meeting. This may include any kind of electronic transmission.
7.3 The Executive Committee may call Special General Meetings and must do so at the written request signed by twenty five (25) or more members.
7.4 One half (50%) of members shall form a quorum at the AGM or Special General Meetings.
7.5 In the event of a quorum not being present, the meeting shall be adjourned for seven(7) days at which subsequent meeting the agenda will be dealt with whether a quorum is present or not. In the case of a Special General Meeting, called by requisition of members, if no quorum be present, such Special General Meeting shall be definitely dissolved.
8 EXECUTIVE COMMITTEE
8.1 An Executive Committee, comprising 5 elected members, shall manage the affairs of the Association.
8.2 A Chairman, Vice Chairman, Secretary, Treasurer plus 1 additional members shall be elected by the AGM from members present at such AGM, provided that where a candidate is unable to be present at such meeting, his proposer shall submit to the Secretary a written affirmation by the candidate that he will accept such nomination.
8.3 The elections shall take place by a show of hands or by a ballot if so demanded by the majority of eligible members present at the AGM.
8.4 Any member may be proposed as a candidate for election and all proposals must be duly seconded.
8.5 A member of the Executive who fails to attend two (2) Executive Committee meetings without leave of absence or three (3) meetings, with or without leave of absence, in any calendar year, shall ipso facto cease to be a member of the Executive Committee.
8.6 The Executive shall be empowered to fill any vacancy which occurs in terms of Clause 6.5 and may, at its discretion co-opt additional members on the Executive Committee generally or to perform a specific task.
8.7 The terms of office for members of the Executive Committee shall last until the adjournment of the AGM following that at which they were elected. Retiring members may be re-elected.
8.8 The Executive shall meet at such dates and times as it determines, provided that it shall meet at least six (6) times in a calendar year.
8.9 The quorum at Executive Committee meetings shall be four (4).
9 OFFICE BEARERS
9.1 The Chairman
9.1.1 The Chairman shall preside at all meetings of the Association. In the event of the Chairman being unable to preside at any meeting the Vice Chairman will take his place. In the event of the Vice Chairman also not being present the meeting shall elect from amongst themselves an eligible member to act as Chairman for the duration of the meeting.
9.1.2 The Chairman shall submit a report on the activities of the Association to the AGM.
9.2 The Vice Chairman
9.2.1 The Vice Chairman carries out such duties as are allocated to him by the Chairman or the Executive Committee and shall act as Chairman in the absence of the Chairman.
9.3 The Treasurer
9.3.1 The Treasurer shall keep an accurate account of the finances and assets of the Association and he shall report at each meeting of the Executive Committee as well as the AGM on the financial position of the Association. Two (2) members other than any office bearer, elected by the previous AGM, must audit the financial statements presented to the AGM, prior to such presentation.
9.3.2 The Treasurer, (or the Secretary on his behalf) shall deposit all monies received by the Association in a bank selected by the Executive within seven (7) days of such receipt. Any financial transaction of the Association shall require the signature of two of three authorised signatories, one of whom must be the Treasurer. The Executive Committee must approve all expenditure of the Association.
9.4 The Secretary
9.4.1 The Secretary shall draw up and dispatch all agendas and keep Minutes of all meetings of the Association and perform such other duties as allocated to him, by the Executive, from time to time.
9.4.2 The Secretary shall keep a record of all correspondence received and the replies thereto.
9.4.3 He shall keep an up to date record of the names and addresses (and where possible the telephone numbers and email addresses) of all members. Such record to also reflect whether all subscriptions have been paid.
9.5 The posts of Secretary and Treasurer may be combined.
10 CODE OF CONDUCT
10.1 The Code of Conduct shall be binding on all members and office bearers of the Association and should be read with Clause 9 above.
10.2 The following Rules of Conduct shall be observed:
10.2.1 Members must at all times conduct themselves at meetings in a dignified and orderly manner
10.2.2 All members and/or Office Bearers shall comply with the aims and objectives and the Constitution of the Association.
10.2.3 No member and/or office bearer of the Association shall conduct himself in such a way as to bring the Association into disrepute.
10.2.4 No member and/or office bearer shall influence or attempt to influence the Association in its consideration of a decision on any matter before it so as to gain some direct or indirect personal benefit, whether in money or otherwise for himself or any other person or body with whom or which he is associated.
10.2.5 No member and/or office bearer of the Association shall directly or indirectly accept any gift, reward or favour whether in money or otherwise as a consideration for voting in a particular manner on any matter before the Association.
10.2.6 No member and/or office bearer shall use the office facilities and/or equipment acquired or purchased by the Association for his personal use.
11 FINANCE
11.1 The financial year shall be from 1 February to 31 January following.
12 MEMBERSHIP FEES
12.1 Membership of the Association shall be free, but the proposed request for donations shall be fixed annually by the AGM.
13 AMENDMENTS TO THE CONSTITUTION
13.1 Amendments to the Constitution shall be approved by a Special General Meeting or AGM, provided sixty percent (80%) of members are in favour of such amendments and provided further that details of the proposed amendments are included in the notice of such general meeting.
A copy of the Constitution is available to members.