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1 YZERFONTEIN RESIDENTS’ ASSOCIATION (YRA) CONSTITUTION 1. NAME The name of the Association is YZERFONTEIN RESIDENTS’ ASSOCIATION (YRA) (herein later referred to as the “Association”). The Association distances itself from any accountability or responsibilities of whatever nature in relation to a similar organization which may have existed. From this point it is the declared aspiration of the Association to be a-political in its actions and the composition of its organizational structures. 2. GOALS The Association will strive, through its elected Management: 2.1. To protect the interests of all those who pay their tax- and services accounts, regardless of their political or religious convictions. If Management is requested by a member or a group of members to act and it is, according to the opinion of Management, contrary to the goals of the Association or is not in the interests of the majority of members, neither the Management nor the Association will be obliged to fulfill such a request/s. 2.2. Commit to registering all entitled persons of Yzerfontein on the voters roll of the Swartland Municipality. 2.3. To convince appropriate candidates of the Association to allow themselves to be nominated for election as members of the Swartland Municipality. 2.4. To keep a watchful eye over the general policy and handling of issues by the Swartland Municipality and thereby strive to advance the interests of its members. 2.5. Strive for open-hearted co-operation with the Municipality and other interested organizations in the execution of its goals named above. 3. MEMBERSHIP Any person or institution which fulfils the following requirements may be admitted, upon application, as member of the Association: 3.1. All owners, tenants of property over the age of 18 years in the residential area of Yzerfontein. 3.2. The accountability of any member of the Association is limited to the outstanding amount of his or her membership fees which he or she may owe the Association.

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Page 1: Constitution

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YZERFONTEIN RESIDENTS’ ASSOCIATION (YRA) CONSTITUTION

1. NAME

The name of the Association is YZERFONTEIN RESIDENTS’ ASSOCIATION (YRA) (herein later referred to as the “Association”). The Association distances itself from any accountability or responsibilities of whatever nature in relation to a similar organization which may have existed. From this point it is the declared aspiration of the Association to be a-political in its actions and the composition of its organizational structures.

2. GOALS The Association will strive, through its elected Management:

2.1. To protect the interests of all those who pay their tax- and services accounts, regardless of their

political or religious convictions. If Management is requested by a member or a group of members to act and it is, according to the opinion of Management, contrary to the goals of the Association or is not in the interests of the majority of members, neither the Management nor the Association will be obliged to fulfill such a request/s.

2.2. Commit to registering all entitled persons of Yzerfontein on the voters roll of the Swartland

Municipality. 2.3. To convince appropriate candidates of the Association to allow themselves to be nominated for

election as members of the Swartland Municipality. 2.4. To keep a watchful eye over the general policy and handling of issues by the Swartland

Municipality and thereby strive to advance the interests of its members. 2.5. Strive for open-hearted co-operation with the Municipality and other interested organizations in

the execution of its goals named above. 3. MEMBERSHIP

Any person or institution which fulfils the following requirements may be admitted, upon application, as member of the Association:

3.1. All owners, tenants of property over the age of 18 years in the residential area of Yzerfontein. 3.2. The accountability of any member of the Association is limited to the outstanding amount of his

or her membership fees which he or she may owe the Association.

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4. TERMINATION OF MEMBERSHIP

The membership of a member is automatically terminated when: 4.1. He/she gives written notice to the secretary; 4.2. He/she no longer qualifies according to the requirements of 3.1; 4.3. He/she is guilty of an offence in terms of the requirements of this Constitution, or does not fulfill

his/her obligations to the Constitution; 4.4. He/she behaves in such a way that is, in the opinion of the Management, detrimental to the

interests of the Association; 4.5. He/she fails to pay his/her membership fees to the Association within 90 days.

5. MEMBERSHIP FEES

5.1 The annual membership fees as determined at the general annual meeting are payable upon joining and thereafter at the beginning of every calendar year.

6. MANAGEMENT

6.1. The Executive Management Committee consists of the following: Chairperson, Vice-Chairperson, Secretary, Treasurer and one additional member. The management members identified annually at the Annual General Meeting will be appointed to their positions during the Executive Management Committee Meeting. The members of the Executive Committee will also choose the Chairperson during their first Executive Management Meeting. The Executive Management Committee meets every month and may co-opt a person on an ad hoc basis to support as and when the Executive Management Committee deems it necessary to fill a vacancy.

6.2. The General Management consists of the following: Chairperson, Vice-Chairperson, Secretary, Treasurer and another member and additional members identified by interest groups at the Annual General Meeting and meets quarterly. The above-mentioned people must be members of the Association and fulfill a co-coordinating function.

7. POWERS AND RESPONSIBILTIES OF THE EXECUTIVE MANAGEMENT COMMITTEE

The Management, subject to the limitations/constraints of this Constitution, shall be obliged and entitled to: 7.1. Handle the moneys of the Association, determine membership fees and deliver a relevant report

during the Annual General Meeting. 7.2. Remain informed about all activities and projects of the Swartland Municipality. 7.3. Solve, to the best of their ability, any complaint or issue referred to the Association by a member

or group of members. The complaint or issue must be put in writing. Steps taken or strategies to solve the issue with the Municipality or other body must be indicated.

7.4. When appropriate, to hold meetings with paid-up members. These will be referred to as Special

Member Meetings.

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7.5. To nominate, co-opt or appoint any person on behalf of the Management in order that they may execute the goals and purposes of the Association.

8. TERM OF SERVICE

The members of the Committee shall serve until a new Board of Management is elected at the following Annual Meeting, providing that at least two members of the previous year’s management are available to serve in order to achieve continuity. The Chairperson is elected for two years.

9. DISQUALIFICATION OF A MANAGEMENT COMMITTEE MEMBER Any member of Management shall automatically be disqualified as member of Management if:

9.1. He/she is absent from three consecutive meetings without previously providing a valid reason for his/her absence.

9.2. His/her membership is ended as a result of requirements under clause 4;

9.3. He/she is guilty of any of the disqualification requirements as determined in Article 219 of the Company Law , as amended, (Law 61 of 1973) regarding a Director of a Company.

9.4. The Management shall be entitled to elect any other member of the Association to replace a disqualified member of the Committee. Aforesaid elected member shall serve for the remaining part of the disqualified member’s term of service.

10. MEETINGS AND QUORUMS

The Annual General Meeting must be held within three months of the end of the financial year which stretches from December to November of the following year. The date, time and location of the Annual Meeting or a Special General Meeting shall be determined by the Management and all registered members will be informed in writing, as Management sees fit, at least 7 days in advance. During the General Annual meeting a Management Committee consisting of 5 persons nominated and elected by the members will be appointed and these members shall serve in Management up to and including the following Annual General Meeting.

11. SPECIAL MEMBER MEETINGS

11.1. Special General Meetings may be held upon insistence of Management, or within twenty one (21) days of having received a written request from at least 25 registered voters who clearly specify the reasons for their request. The purpose of such a meeting must be explained in the notice and members must receive notice of the proposed meeting at least seven (7) days before it is scheduled to take place.

12. QUORUMS FOR ANNUAL GENERAL MEETINGS AND SPECIAL MEMBER MEETINGS

A minimum of 20% of registered voters present at an Annual General Meeting or a Special Members Meeting constitutes a quorum.

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13. MEETING OF MANAGEMENT

13.1. The Executive Management Committee must meet every calendar month with the view to discussing relevant issues. The date, time and location of the following meeting shall be determined at each meeting. Three members of the Executive Committee form a quorum.

13.2. Five management members form a quorum for a General Management Meeting.

14. ALTERATION OF THIS CONSTITUTION

Notice of any suggestion about changing the Constitution must be lodged in writing with the Secretary at least twenty one days before the General Annual Meeting, and must be communicated to members in the notice. Alterations to the Constitution may only be made during the Annual General Meeting and require a two-thirds majority of registered voters present.

15. REGULATIONS OF ORDER

The following rules are relevant to all meetings: 15.1. All meetings must be run according to the constitutional requirements. 15.2 Any suggestion and/or alteration which is not appropriately seconded, falls away. 15.3. A member votes by lifting his/her hand, unless the meeting decides otherwise. 15.4. In the event that a vote is inconclusive, the Chairperson’s vote is the casting vote. 15.5. All majority votes of all meetings are accepted, unless otherwise determined by this

Constitution. 15.6. The Management may, in addition to previous rules, prescribe any other further regulations of order, on condition that they do not contradict this Constitution, and may alter all rules and regulations if it is deemed necessary.

16. MUNICIPAL COUNCILLORS AND OFFICIALS

A Serving Council Member or Official of the Swartland Municipality or an immediate member of said Council Member or Official’s family may not serve in Management.

17. FINANCES

17.1. The financial year of the Association ends on 30 November. 17.2. Membership fees must be paid immediately upon joining the Association; thereafter fees are

payable annually on 1 December. 17.3. The Management has full authority to invest or withdraw the Association’s money.

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17.4. Applications to withdraw money require the signature of any two of the following: the Chairperson, Vice-Chairperson, Treasurer or Secretary.

17.5. The annual Statement of Income and Expenditures will be signed by the Chairperson and

Treasurer and presented to the Annual Meeting. 18. DISSOLUTION

The Association may disband and/or re-organize by way of a decision taken by members personally present at a Special Members Meeting on condition that appropriate notice of such a meeting was given according to the conditions of Clause 10. The funds of the Association shall then be used according to decisions taken at such Special Members Meeting.