Constitution of the Suiderstrand Community, Conservation and Fire Protection Association

1. Name of Association Click to expand

   The name of the association is the Suiderstrand Community, Conservation and Fire Protection Association (hereinafter referred to as “the Association”).

2. Body Corporate Click to expand

   1. The Association is a body corporate with its own legal identity which is separate from its office-bearers and members. The Association will continue to exist even if the members change.
   2. The Association will be able to own, maintain, lease, sell, invest, or in any way deal with property, capital and other assets of the Association, and will be able to sue and be sued in its own name.
   3. Members and office-bearers have no rights in the property or other assets of the Association solely by virtue of them being members or office-bearers.
   4. The income and property of the Association shall be used solely for the promotion of its stated objectives and shall not be paid or distributed directly or indirectly to any person or to any member of the Association or office-bearer, except as reasonable compensation for services actually rendered to the Association or reimbursement of actual costs or expenses reasonably incurred on behalf of the Association.

3. Objectives Click to expand

   The Association is a non-profit organisation established for the following public benefit objectives:

   1. To promote and develop Suiderstrand and its environs as an interesting, exceptional, happy and safe place for its inhabitants;
   2. To conserve nature and heritage aspects of Suiderstrand and its environs;
   3. To predict, prevent, manage and extinguish fires of any kind in Suiderstrand and surrounding area; where possible and applicable in accordance with the National Veld and Forest Fire Act, 1998 (No 101 of 1998 ) and the regulations under it; and
   4. By, for the sake of promoting the above mentioned objectives, making representations to and cooperating with in particular the Cape Agulhas Municipality, the Overberg District Municipality, the Suidpunt Residents Association, the Greater Overberg Fire Protection Association, the Cape Agulhas National Park any other relevant authority, organization, company or person.

4. The Committee Click to expand

   1. The Committee of the Association shall manage the Association in accordance with resolutions of members in General Meeting.
   2. A minimum of five members shall serve on the Committee bearing the following portfolios: Chairperson, Vice-Chairperson, Treasurer, Secretary and Vice-Secretary. One of the aforementioned may also serve as Fire Protection Officer.
   3. All members of the Committee shall be members of the Association and shall be elected by the members of the Association at an Annual General Meeting.
   4. Members of the Committee are elected for a period of two years, but may stand for re-election at the end of this period. A Chairperson may not serve for more than two terms consecutively. After a break of one term a former chairperson may again be elected as chairperson.
   5. The Fire Protection Officer of the Cape Agulhas Municipality shall be invited to every meeting of the Committee where fire protection matters are to be discussed. The said Officer shall have full voting rights on the said meeting regarding fire protection matters.
   6. The Committee shall, as soon as reasonably possible, fill any vacancy that reduced the number of Committee members to less than five. The next General Meeting must confirm the office of any Committee member appointed, otherwise it will lapse.
   7. The Committee may co-opt additional non-voting members of the Committee as it may consider appropriate.
   8. A Committee member may resign from office in writing and shall be disqualified from office upon termination of membership of the Association. A member of the Committee can be removed from office by a two-thirds resolution of an Annual General Meeting or General Meeting of the Members of the Association.
   9. The Committee may delegate any of its powers or functions to a sub-committee or member of the Association provided that:
   1. such delegation and conditions are reflected in the minutes of that meeting,
   2. at least one Committee member serve on the sub-committee,
   3. the Committee in advance approves all expenditure incurred by the sub-committee or member,
   4. and in advance the Committee may revoke the delegation or the conditions.

5. Membership Click to expand

   1. Any owner/tenant of land in Suiderstrand; the Cape Agulhas Municipality (CAM) and the Cape Agulhas National Park may at any time become a member, provided that the prospective member undertakes to abide by this Constitution and the fire protection rules, agrees to any condition laid down by the Committee and pays the membership fee annually agreed to by Committee.
   2. The Committee may, for services rendered to the Association, waive the requirement to pay membership fees by a prospective member.
   3. The Committee shall keep a register with the names, addresses and contact details of all the members.
   4. The first members of the Association shall sign the Schedule of this Constitution and shall elect the first Committee.

6. Fire Protection Matters Click to expand

   1. The Committee shall appoint a Fire Protection Officer and a Fire Protection Sub-Committee consisting of at least five members. The Fire Protection Officer so appointed shall become a full member of the Committee of the Association.
   2. The Fire Protection Officer will be the leader of the Fire Protection Sub-Committee which will be responsible for the fire protection activities of the Association.
   3. The Committee shall adopt Fire Protection Rules in terms of which the Fire protection activities of the Association will be conducted. Every member of the Association will be provided electronically with a copy of this Constitution, the Fire Protection Rules and the contact details of the Fire Protection Officer and the other members of the Fire Protection Sub-Committee.

7. Meetings Click to expand

   1. Notice of meetings will be given by electronic means; in the case of Committee meetings with at least 5 days’ notice and a Special General and Annual General Meetings with at least 15 days’ notice.
   2. A quorum for a meeting of the Committee will be half of the number of its members plus one and the quorum of Special General Meetings and the Annual General Meeting will be 15% of the number of the members of the Association.
   3. Should there not be a quorum at a meeting, the meeting will be adjourned and notice of at least 5 days will be given of the next meeting which will go ahead with whoever is present as quorum.
   4. All Annual General Meetings must be held within six months of the Association’s financial year-end. The business of this meeting must include:
      
      1. The Chairperson’s Report,
      2. The presentation of the Association’s Annual Financial Statements,
      3. The election of Committee Members
      4. The appointment of an auditor who need not be a chartered accountant but must be an independent person with accounting knowledge.
      5. Projects proposed for the New Year.
      6. Other appropriate matters.
   5. The Chairperson of the Association, or in his or her absence, the Vice-Chairperson, shall chair all meetings of the Committee, the Annual General Meeting and Special General Meetings and shall have a deciding as well as a deliberative vote.

8. Assets and Finances Click to expand

   1. The Association will keep a record of all assets and procurements and will not give or donate any funds or property to its members or office bearers, except if such person or office bearer has been in service of the Association and is paid in accordance with such duties. A member may only be reimbursed for any expenses if he or she has paid for such expenses in line with his or her duties.
   2. The Committee must open a bank account in the name of the Association with a registered bank. Two (2) authorised signatures will be required per transaction
   3. Treasurer and any one of the other committee member(s).
   4. The Committee must ensure that proper records and books of account which fairly reflect the affairs of the Association are kept and within six months of its financial year end a report is compiled for discussion and acceptance at the Annual General Meeting.
   5. The financial year end of the Association shall be the end of August.
   6. Money and assists donated to the association to be used for a specific purpose, will , if the donation is accepted, be ring fenced and be used solely for the purpose it has been donated for.

9. Liability of Members Click to expand

   1. Members, office bearers and other persons acting in association with the Association shall not be personally liable for any actions and omissions undertaken in furtherance of any of the objectives of the Association.
   2. Members, office bearers or appointed delegates of the Association shall be indemnified by the Association for all acts done by them in good faith on its behalf.
   3. Members of the Association or appointed delegates shall not be liable for acts, omissions, receipts or defaults by any other member or office bearer, or for any loss, damage or expense suffered by the Association, which occurs in the execution of the duties of his or her office unless it arises as a result of his or her dishonesty, or failure to exercise the degree of care, diligence and skill required by law.

10. Amendments and Dissolution Click to expand

    1. This Constitution may be amended, the name of the Association may be changed and the association may be dissolved by resolution of two-thirds of the members present at a Special General Meeting.
    2. Upon the dissolution of the Association, after all debts and commitments have been paid, any remaining assets shall not be paid to or distributed amongst members, but shall be transferred by donation to some other non-profit organisation which the Committee (and failing which the members in Special General Meeting) considers appropriate, and which has objectives the same or similar to the objectives of the Association.

11. Disclaimer Click to expand

    All member information is protected under the Protection of Personal Information Act (POPIA)

A Full copy of the SCCFPA Constitution is available on request from the SCCFPA Committee