ZBRRA

RATEPAYERS AND RESIDENTS ASSOCIATION

CONSTITUTION
 

1. PREAMBLE

In this constitution unless the context indicates otherwise the following words and phrases shall mean:
a. A MEMBER is a paid up member of the Zinkwazi beach ratepayers and residents association over the age of 18 years, who owns or occupies rateable property in the village of Zinkwazi Beach and who applies for membership in the proper manner.
b. ZINKWAZI BEACH RATEPAYER AND RESIDENTS ASSOCIATION shall be hereinafter referred to as ZBRRA. c. The COMMITTEE will consist of a management and executive committee of not less than four members and not more than fifteen members to be elected by the ZBRRA.
d. The FINANCIAL YEAR END is the 31 October of every year.

2. OBJECTIVES

a. To promote and protect the interests of all ratepayers and residents of rateable property falling within the village of Zinkwazi Beach.
b. To interact with any state, semi state or civic bodies or any organisation/ association/
corporation to achieve objective (a) above.
c. ZBRRA shall be non party in politics and non-sectarian in religion and shall operate an equal opportunities policy.
d. To promote good citizenship and greater public participation in the prevention and solution of crime.

3. POWERS

a. Call for the holding of public meetings.
b. Liaise with neighbourhood watch Groups, the Police, Police Liaison Committees, other voluntary and statutory bodies and local council.
c. Arrange and provide for or join in arranging and providing for the holding of exhibitions, lectures, classes, seminars and training courses.
d. Promote and carry out, or assist in promoting and carrying out, research surveys and investigations and publish results thereof.
e. Collect and disseminate information on all matters affecting the above purposes and exchange such information with other bodies having similar purposes, whether in this country or overseas.
f. Undertake, execute, manage or assist any charitable trust, which may lawfully be undertaken, executed or assisted by the Association.
g. Procure to be written and print, publish, issue and circulate gratuitously a newsletter and relevant documents as, when and if the need arises.
h. Purchase, take on lease or in exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said purpose and construct, maintain and alter any building or erection necessary for the work of the Association.
i. Make regulations for any property, which may be so required and make rules for the conduct of the Association, its meetings and activities.
j. Sell, let, mortgage, dispose of or turn to account all or any of the property or assets of the Association subject to such consents as may be required by law.
k. Raise funds and invite and receive contributions from any persons by way of subscriptions and otherwise, provided that the Association shall not undertake any permanent trading activities in raising funds for its primary charitable objects.
l. Accept donations or raise money in such a manner, as the Association shall think fit, subject to such consents as required by law.
m. Procure contributions to the Association by personal or written appeals, public meetings or otherwise.
n. Invest monies of the Association not immediately required for its purpose in or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) as may for the time being be imposed or required by law.
o. Appoint and constitute such sub-committees, as the Management Committee may consider necessary.
p. Do all such other lawful things as are necessary for the attainment of the said purposes.

4. MEMBERSHIP

a. Membership in ZBRRA is open to all persons over the age of 18 years who own or occupy rateable property in the village of Zinkwazi Beach and who apply for membership in the proper manner . The membership will be effected by application to ZBRRA with an annual subscription being paid up annually in advance.
b. Acceptance of membership applications shall be at the discretion of the Committee, which may not reject an applicant without sufficient reason.
c. Any person who ceases to own or occupy rateable property within the Zinkwazi Beach Village will cease to be a member.
d. Nothing herein contained shall prevent the Committee from admitting a person not the owner of rateable property to membership as a Honorary member, or any other class of membership agreed to by the Committee.
e. Any member whose annual subscription is more than three months in arrears, or who has given notice of his/her intention to resign, shall be declared no longer a member.

5. FINANCE

a. ZBRRA shall operate a bank account in the name of Zinkwazi Beach Residents and Ratepayers Association and all moneys collected on behalf of the Association shall be deposited therein. All moneys withdrawn must be signed for by the Treasurer and countersigned by one or two other signatories designated by the committee.
b. Yearly subscriptions shall be fixed at the annual General meeting. The fees will be paid in full in advance, for the full financial year or part thereof.
c. The Committee may expel any Member whose fees are more than three months in arrears.
d. In the event of the ZBRRA accumulating a substantial surplus, the Committee may authorise the investment thereof in such securities, as the Committee may deem advisable. Any dividend from such investment shall be deposited into ZBRRA’s bank account.
e. ZBRRA is a non-profit organisation and no dividend shall accrue to members. All members of the Committee serve in an honorary capacity, but nothing herein provided shall prohibit the granting of an honorarium to any member of the Committee whose work, in the opinion of the Committee, is entitled to such honorarium.
f. All moneys collected, shall be used for the furtherment and fulfillment of the objectives of the Association only.

6. MANAGEMENT

a. The members of ZBRRA shall, at its Annual General Meeting, elect a Committee of not less than (4) persons and not more than (15) persons to manage the affairs of ZBRRA. Such persons need not be present at the A.G. M. but must have indicated their consent in writing to fill such a position, which consent must be delivered to the Chairperson prior to commencement of the A.G. M. Such persons must be currently paid up members of ZBRRA.
b. At its first meeting after the Annual General Meeting the Committee shall elect, from amongst its members, a Chairperson, Vice-Chairperson, Secretary and Treasurer. The offices of Secretary and Treasurer may be contained in one person, subject to the approval of the Committee.
c. The Committee may fill any vacancy caused by death or other causes by the co-option of s suitable substitute.
d. The Committee may, at any time, co-opt any person who has special expertise or knowledge of the rights and interests of the Ratepayers and Residents of the village of Zinkwazi Beach.
e. The committee shall meet at such times and places as it may decide.
f. Between Committee meetings, the affairs of ZBRRA shall be conducted by the Executive Committee, consisting of the Chairperson, Vice-Chairperson, Secretary and Treasurer.
g. The Committee may at any and all times appoint any number of sub-committees for specific purposes and stated duration, to assist and report to the Committee. Any such sub-committees shall be under the Chairmanship of a member of the main Committee who shall also act as Convenor of such sub-committee.
h. The Committee has the power to enter into contracts for the purpose of the Association or on behalf of the Association.
i. All elected members of the committee are to be ratepayers of the Zinkwazi village,
although co-opted members need not be ratepayers.
 

7. ANNUAL GENERAL MEETING
a. The members of ZBRRA shall meet annually, not more than forty five (45) days after the financial year end, to conduct the following business:
a) to receive and accept the Chairperson’s Annual Report.
b) to receive and accept the Annual Financial Report
c) to elect a Committee in terms of clause 6 (a)
d) to discuss any matters of which due notice has been given
e) to discuss any matters of a general nature, details of which must be given to the Secretary, in writing, three days prior to the meeting.

b. The notice calling such Annual General Meeting shall be posted, e mailed, delivered or published in the local press not less than 14 days prior to the date of the meeting.

8. GENERAL AND SPECIAL MEETINGS

a. The Committee may call a General Meeting of ZBRRA at any time it deems fit, subject to giving a minimum of fourteen (14) days notice to all members, either by post, hand delivery or by publication in the local press. The purpose of such a meeting must be clearly stated.
b. If called upon to do so by written request from a minimum of twelve (12) paid up members, the Committee will convene a special General Meeting of the members of ZBRRA. The purpose of such a meeting must be clearly stated. A minimum of fourteen (14) days notice must be given to all members, either by post, e-mail, delivery or publication in the local press, by ZBRRA ‘s secretary.

9. QUORUM

a. The quorum for the A.G.M. shall be not less than 25% of the total paid-up members of ZBRRA.
b. 25% of the paid up membership shall form a quorum at any Special General Meeting. The consent of 50% of the quorum is required to approve any resolution that is taken either at the A.G.M. or Special General Meeting called for that particular purpose. The Executive will then be empowered to vote on such resolution as they deem fit.
c. The quorum of any committee shall depend on the size of the sub-committee or standing committee, and be determined by the management committee at the time the aforementioned committee is set up.

10. VOTING

a. All questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote thereat. No person shall exercise more than one vote but in the case of any equality of votes, the chairperson of the meeting shall have a second or casting vote.
b. Any alterations to the constitution or dissolution of the constitution will be subject to a two thirds majority vote at a special general meeting.
c. If for any reason a ZBRRA ratepayer is unable to attend the meeting, a proxy may be given to another ZBRRA member to vote on his/her behalf.

11. NOTICES OF MOTION

a. Notices of motions affecting the Constitution must be received by the Secretary no less than two months prior to the date of the Annual General Meeting or Special General Meeting and the proposer shall speak to his motion. Should this be seconded, the motion will be open for discussion.
b. The Secretary shall circularise the membership with copies of such Notice of Motion together with the Notice calling the meeting.
c. Not less than 25% of the membership shall be present at any Meeting where it is proposed to amend the Constitution and such amendment to the Constitution will not be approved unless passed by not less than two thirds of those present entitled to vote.
d. Not less than 14 days notice shall be given to members per paragraph 8(b) of any meeting at which it is proposed to discuss any amendment to the Constitution.

12. DUTIES OF COMMITTEE MEMBERS

a. The Chairperson shall preside over any meeting at which he/she is present. In his/her absence the Vice- Chairperson shall preside. The Chairperson and Secretary shall be ipso facto members of any sub-committee appointed by the Chairperson.
b. The Secretary shall compile and keep an up to date list of all members together with their residential, postal and e-mail addresses as well as their membership contributions.
c. The Secretary shall keep a record of committee members present at Committee Meetings and shall take minutes of each meeting and present them to the Committee at the following meeting. The Secretary will inform the Committee if any committee member has failed ( without leave of absence in writing ) to attend three consecutive meetings and shall inform the Committee of any member of Committee who is in arrears with subscriptions or who is otherwise disqualified for membership. The committee may declare any member thereof to be in default if he/she has not attended three consecutive meetings and expel him/her from the Committee – such vacancy may be filled by the Committees by a co-option as herein provided.
d. The Treasurer (or where the office of the Secretary and Treasurer is combined – the Secretary / Treasurer shall issue receipts for all money received on behalf of the Association and deposit same in the bank account as provided herein- the Treasurer shall advise members when they are in arrears with subscriptions. The Treasurer shall prepare a financial statement for consideration by the Committee and prepare a further financial statement for consideration at the Annual General Meeting.
e. Honorary Membership – The Committee may confer Honorary Membership on any person, whether he or she qualifies for membership of ZBRRA or not. Such Honorary membership shall not pay any dues, but will enjoy all the benefits of membership and may attend Annual General Meetings or Special General Meetings and have a voice, but no vote.
f. The Chairperson and/or Convenor of sub committees shall report to the Chairperson of the main committee when called upon to do so.
g. The Committee and all other committees shall keep minute books, and the appropriate secretary shall enter herein a record of all proceedings and resolutions.

13. DISSOLUTION OF Z.B.R.RA.

a. Subject to the rules governing special General Meetings (Paragraph 8b) such a resolution may be proposed.
b. Two thirds of the quorum at a ZBRRA meeting must support such a resolution.
c. The net assets of ZBRRA shall be disposed of as the majority of paid up members at such a meeting may decide.
d. Failing consensus and/or a majority as referred to in sub paragraph (c) the matter will be referred to a senior member of the legal profession, whose decision will be final and binding on all members.

DATE OF CONSTITUTION

This constitution shall come into force as from the date of adoption thereof, which date shall be noted on the final draft thereof and signed by the Chairperson and Secretary for the time being of ZBRRA.

Any amendments to the Constitution shall be similarly dated, signed and incorporated into the Constitution.

DATED AT ……………………………….THIS……….DAY OF ……………….20……

………………………………………… ………………………………………….
CHAIRPERSON SECRETARY
 ZINKWAZI BEACH