Melkbosstrand Ratepayers Association Constitution
1. INTRODUCTION
The Melkbosstrand Ratepayers Association (MRA) is a non-profit, non-government organisation which aims to protect and advance the interests of all the ratepayers and residents of Melkbosstrand. It is determined to preserve the character and natural beauty of Melkbosstrand. Management and control of the MRA is vested in an Executive committee, hereafter called the EXCO, which shall have full power to take whatever steps it considers necessary in pursuance of the goals of the Association as outlined herein.
2. VISION
The MRA, acting through the EXCO, strives to participate in the building of a sustainable town which is well governed, clean and safe and provides opportunities for all residents and businesses in the short and long term.
3. MISSION
To ensure that issues that may impact the ratepaying residents and businesses of Melkbosstrand are reported to the relevant authorities, monitored and communicated to the greater community. Through the execution and collaboration with various stakeholders such as the; Afrikaans Christelike Vrouevereniging (ACVV), Churches, City of Cape Town (CoCT), Ward 23, Community Police Forum (CPF), Melkbosstrand Community Centre (MCC), Melkbosstrand Neighbourhood Watch (MNHW), Schools, South African Police Services (SAPS) and any other organisation that shares the same goals and objectives for the sustainability of a well governed, safe and a caring town.
4. NAME
The name of the Association is Melkbosstrand Ratepayers Association (MRA)
5. GEOGRAPHICAL AREA
The geographical area of the MRA lies within CoCT, Ward 23 and includes the area bordered by the Old Mamre Road and Morningstar to the East, the sea to the West, Koeberg Nuclear Power Station’s northern border to the North and the Blaauwberg Nature Reserve to the south.
6. GOALS
a. To promote the interest and involvement of all members of the MRA in matters of the local authority
b. To protect and preserve the traditional character and beauty of Melkbosstrand and its environs.
c. To act as conduit for members’ views to the relevant authority.
d. To help ensure that municipal services are provided in terms of section 195 of the South African Constitution and section 38 (c) of the Municipal Systems Act in an economic, effective, efficient, transparent and accountable manner.
e. To promote the interests of Melkbosstrand in close co-operation with the local authority and the Ward Councillor.
f. To act independently and not support or participate in the affairs of any political party thereby ensuring that the MRA's actions are always consistent with and seen as being consistent with its Mission Statement
7. ABBREVIATIONS & DEFINITIONS
7.1 Abbreviations
ACVV - Afrikaans Christelike Vrouevereniging
CoCT - City of Cape Town
CPF - Community Policing Forum (Melkbosstrand)
EXCO - Executive Committee of the MRA
HOA - Home Owners Association
LE - Law Enforcement of the City of Cape Town
MCC - Melkbosstrand Community Centre
Metro - Metropolitan Police Service of the City of Cape Town
MRA - Melkbosstrand Ratepayers Association
MNHW - Melkbosstrand Neighbourhood Watch
NHW - Neighbourhood Watch (General, including Melkbosstrand)
SAPS - South Africa Police Services
7.2 Definitions
Chairperson
The person elected at an annual general meeting or a special general meeting to take up office as the head of the Melkbosstrand Ratepayers Association
Executive Committee
The elected officials who officiate over the affairs of the MRA
Geographical Area
The area of jurisdiction in which the MRA function as a Civic Organisation representing the residents and businesses.
In Good Standing
A member of the Melkbosstrand Ratepayers Association who, has successfully applied for membership and who’s membership fees are up to date.
Ratepayers
The property owner who is required to pay Municipal Rates & Levies on the property that they own that falls within the Geographical Area of the Association.
Universitas
A separate legal entity that has perpetual succession with rights and duties independent from the rights and duties of its members.
Ward
Committee
A committee representing various sectors within our society such as Education, Safety & Security, Civic Organisation, Business Sector, Environment, Religion, etc. who are nominated by the respective organisation and elected to serve on the Committee under the chairmanship of the local Ward Councillor.
8. MEMBERSHIP
Membership of the MRA is open to all persons over the age of 18 years who support the MRA's Constitution and own property or operate a business within the geographical area as defined in section 5 or who is a bona fide lessee of property in the above-mentioned geographical area. This shall include the spouses or partners of such owners or lessees. Membership can also be taken up by a corporate body or trust. A person, corporate body or trust may only exercise rights if membership fees are paid up. No person shall by virtue of his interest in any property, corporate body or trust, or for any other reason, be entitled to more than a single vote.
9. ANNUAL SUBSCRIPTION AND VOTING QUALIFICATIONS
The Executive Committee may determine an annual subscription fee for all its members from time to time. The MRA acts on behalf of its members who are reflected as members in good standing in the books of the MRA. Only members in good standing shall have voting right subject to the following:
a. A new paid-up member must complete a required membership application form and/or attendance register at the Annual General or Special General Meeting.
b. A corporate body, trust, HOA or business must nominate one person in writing who shall be entitled to vote on its behalf.
c. A member is required to pay an annual subscription in advance during June of each year. Such membership fee will be due and payable within one (1) month of notification by the secretary of the EXCO to the members requesting payment thereof or for any outstanding membership fees. Any member who fails to settle his/her membership fee within the aforesaid one (1) month period will automatically be disqualified as a member of the MRA.
10. STATUS
a. The MRA is a "universitas' with full legal status and capable of owning moveable or immovable property and acquiring rights and obligations in its own name, irrespective of any change in its membership or management
b. The MRA shall not carry on any business for gain.
c. No member of the MRA shall be liable for any debts or obligations of the MRA
d. The MRA may:
i. acquire rights and obligations as determined by the relevant Acts, Regulations and Instructions, and
ii. institute legal proceedings in its own name, and be cited in legal proceedings in its own name.
e. The MRA may not:
i. carry on any business for gain, other than fundraising for MRA expenses and projects, purchase or authorize items to be purchased on credit in the name of the MRA, and
ii. transform into a Section 21 Company.
11. MANAGEMENT AND CONTROL
a. The EXCO should consist of at least 5 (five) members. No persons with any vested interests in Melkbosstrand (other than direct, personal property ownership) may be elected to the EXCO, (i.e. estate agents, property developers or office bearers of political parties).
b. The EXCO shall elect a Chairperson, a Vice chairperson and a Treasurer from its members to serve until the next AGM.
c. The EXCO shall appoint a Secretary for the MRA on terms mutually agreed to from time to time. The EXCO may authorised to allocate an honorarium to the Secretary of the EXCO if it is considered necessary for the effective rendering of his/her services and provided there are sufficient available funds.
d. The EXCO may co-opt a member or members to fill any vacancies on the EXCO that may occur during the year. Such appointments shall only be until the next AGM or SGM.
e. The EXCO may appoint specialist consultants on a pro-amico basis, co-opt members and/or appoint sub-committees of members for specific duties, projects or tasks or to make special contributions regarding any matters that the EXCO deems necessary in order to achieve the goals and objectives of the MRA, for such a period as the EXCO may decide, but for a period not longer than the next AGM at which time the new committee may disband or keep the coopted members on its sub-committee until the specific duties, projects or tasks, special contributions have been completed.
f. The EXCO shall decide on the investing or disbursement of any funds.
g. All drawings on the account of the MRA shall be approved by the Chairperson and signed for by the Treasurer and at least one other EXCO member duly authorised to do so. In the event that the Treasurer is not available drawing of funds shall be signed for by at least two duly authorised signatories. The Treasurer shall submit monthly statements of receipts and payments to the EXCO. Financial statements shall be subject to an annual independent audit if there is more than Ten Thousand Rand (R10k) in the account.
h. The EXCO will have the general power to take any necessary action relating to the general management of affairs of the MRA as provided such action are aligned with this constitution of the MRA.
i. The EXCO has the power to institute and defend any legal action, including administrative review proceedings. The EXCO shall however, prior to commencement of action/proceedings, be required to take the advice of competent legal counsel, who must be prepared to certify probable cause.
j. The EXCO may enter into contracts to acquire goods and services for the benefit of the MRA.
k. The EXCO receives and considers members' suggestions and complaints and responds to it in the interest of Melkbosstrand.
l. The EXCO may appoint members to represent it at meetings or functions of other institutions.
m. The EXCO will have the right to arrange functions for the entertainment of the members of the Association and any public officials who are associated in their official capacity, with the affairs of Melkbosstrand. The cost incurred will be for the account of the Association and may be settled out of Association funds.
n. The EXCO shall be guided by and follow the directions as specified in this Constitution.
12. EXCO MEETINGS
a. The EXCO strives to meet once a month to transact the business of the MRA. However, no more than three months shall pass without an EXCO meeting. All meetings will be convened by the Chairperson who will also determine the venue/place and time of the meeting. The Chairperson will furthermore determine the format and procedure to be adopted at the meetings of the EXCO, or his/her duly appointed representative.
b. Special meetings of the E X C O may be called by the Chairperson, or on request of at least three (3) EXCO members. Meetings on request of the EXCO members should be convened within fourteen (14) days of being so requested.
c. Fifty percent plus 1 member of the EXCO shall form a quorum.
d. A EXCO member who is absent from three consecutive meetings without apology shall cease to be a member of the EXCO. The remaining EXCO members will be empowered to co-opt a member to fill the vacant EXCO position until the next election at an AGM or SGM.
e. The EXCO will similarly be empowered to co-opt a replacement member for the EXCO should any EXCO member during his/her term of office no longer be available for service.
f. Decisions of the EXCO will be taken on a majority vote basis with the Chairperson of the meeting having a deciding vote in the event of the votes being equal.
13. DUTIES AND POWERS OF THE CHAIRPERSON
a. The Chairperson of the meeting shall, at meetings, have a deliberate vote and, in the event of an equity of votes may exercise a casting vote.
b. In the event of the absence of both the Chairperson and the Vice-Chairperson from a meeting, the meeting must appoint a chairperson for that meeting who will chair only that meeting.
c. The Chairperson shall provide direction, advice and guidance that is aligned with the identified regulatory framework to ensure good performance in the achievement of a sub-committee’s objectives.
d. The portfolio co-ordinators report to the members of the EXCO. After discussion by the EXCO, the Chairperson shall advise on further communication with the relevant authorities.
14. ELECTION OF EXCO MEMBERS
a. EXCO members are elected at an AGM to serve for period of one (1) year and may be re-elected at an AGM to serve for another term.
b. EXCO members shall be permitted to make themselves available for re-election to the EXCO for any subsequent term of offices. There shall be no restriction on the number of terms a member may serve on the EXCO.
c. Candidates for the election to the EXCO must be nominated in writing, signed by a proposer and a seconder. Candidates must accept nomination in writing. The written nominations with the acceptance are to be lodged with the Secretary at or before the start of the AGM or SGM.
d. No councillor or employee of the Local Authority, or person with vested business interests in Melkbosstrand may be elected to the EXCO (i.e. estate agents, property developers or office bearers of political parties).
e. If more than one nomination is submitted any vacancies on the EXCO, then an election shall be held by ballot. Additional members without portfolio may be elected at the discretion of the Chairperson. Such additional members shall not have any voting rights on the EXCO.
f. The chairperson may decide to hold a ballot in secret of by a show of hands.
g. A EXCO member, apart from a Ward Committee Representative, who by reason of having submitted or been awarded a tender for consulting or the supply or contracting to the municipality, or receives or expects to receive some benefit or remuneration from the municipality, shall notify the committee/chairperson of the conflict of interest and shall recuse him or herself from the EXCO. Once the conflict of interest no longer exists, the committee/chairperson, on receiving notification, may at its discretion, co-opt the member onto the EXCO.
15. REPRESENTATION OF THE MRA ON THE WARD 23, WARD COMMITTEE
The Ward Committee in made up of Elected Ward Committee Members. This Ward Committee is Sector Based, namely; Civic Organisations, Safety & Security, Religion, Sports Bodies, Business Forums, Environment. Organisations representing these Sectors are called upon to nominate represent to represent the entire Ward and not just their local organisation. Where there is more than one nomination for a particular Section, an election process is adopted to decide which person will represent the Sector. An NGO Sector, may participate in Ward Committee activities. Only the CoCT Elected Ward Committee Members will have voting power in the Ward Committee meetings.
a. The EXCO will nominate a maximum of 1 (one) candidate to represent the MRA on the Ward 23, Ward Committee. Such nomination if elected shall endure until the next Ward Council elections.
b. The nominated candidate should be approved by the MRA at a General Meeting. The candidate should be the best suited and qualified to further the goals of the MRA as stated in this Constitution. During the interviewing of the candidate the EXCO shall be guided by the following criteria:
i. must be a resident within the ward,
ii. must be on the voters' roll of the Local government, and
iii. must be able to establish to the satisfaction of the EXCO that he/she has sufficient available time to dedicate to his/her duties to carry out the responsibilities as mentioned hereafter.
c. The responsibilities the Ward representatives are:
i. attend meetings of the Ward Committee and to actively participate in giving effect to the role and functions of Ward Committees,
ii. act as a channel of communication between the Ward Committee and Ward Councillor and the sector which he/she represents being the Melkbosstrand Ratepayers and residents. In this regard, he/she should:
▪ keep the EXCO informed regarding matters discussed at Sub & Ward Committee meetings,
▪ act as the mouthpiece for the EXCO, and
▪ promote and deepen community participation; and execute the mandate of the MRA.
iii. assist the Sub-Ward Committee to be sensitive to MRA needs by identifying, understanding and reporting on them, and
iv. conduct him/herself in a manner which is in accordance with this Constitution, the MRA Code of Conduct and the Code of Conduct for the members of Sub-Ward Committees and Ward Committees.
16. FINANCIAL YEAR
The financial year of the EXCO starts on 1 March each year and ends on 28 February of the following year.
17. GENERAL MEETINGS
17.1 Annual General Meeting (AGM)
i. The AGM of the MRA shall be held within three (3) months of the end of the financial year, unless circumstances necessitate a change of dates.
ii. A report by the Chairperson and a financial statement for the past year shall be submitted for acceptance by the AGM.
iii. A notice of the date, time and venue of the AGM, together with an agenda for the meeting and a copy of the minutes of the previous AGM and of the Chairperson's report shall be circulated to all members at least twenty-one (21) calendar days prior to the meeting. In addition, the meeting should also be advertised in the local press and/or in such a manner as the EXCO deems fit. iv. The members of the EXCO for the new term of office should be elected as indicated/prescribed in this Section 13 of this Constitution.
iv. Not less than 10% of all paid-up members shall present a quorum at the MRA AGM. If there is no quorum, the meeting cannot proceed and must be postponed for a period of no longer than fourteen days (14) when it will reconvene. Notice will be sent to all members at least seven days before the reconvened date. If at the reconvened AGM there still is no quorum, the meeting will continue and those present will be deemed to comprise a quorum.
v. The auditors for the ensuring financial year should be appointed by the EXCO.
vi. The presentation and discussion of complaints, proposals or request of any nature by members of the MRA (which excludes members of the public) will be addressed.
vii. Only those members who are in good standing will be be allowed to address the meeting.
17.2 Special General Meetings (SGM)
i. A SGM of MRA members (which excludes members of the public) may be convened at any time by the EXCO or by a request signed by at least ten (10) members in of the MRA good standing.
ii. Notice of the date, time and venue of the SGM and of the specific business to be transacted, shall be given at least fourteen (14) calendar days before the meeting, in such a manner as the EXCO deems adequate.
iii. Ten (10) percent all members in good standing present shall form a quorum at a SGM. If no quorum is reached the meeting cannot proceed and must be postponed to a date n o t m o r e t h a n fourteen days from the postponed SGM when it will be reconvene. Notice should be sent out to all members not less than seven (7) from the date of the reconvened SGM. If not quorum is reached at the reconvened meeting, the meeting will continue as if a quorum had been reached.
iv. Business transacted at an SGM shall be restricted to the business as set out in the notice of the meeting.
17.3 Other General Meetings
i. The EXCO should arrange report back meetings, newsletters or communicate via social media as and when deemed necessary.
ii. Notice of such meetings shall be given to members in such a manner as the EXCO deems reasonably adequate.
iii. Those members present shall form a quorum.
17.4 Procedure at General Meetings
i. The meeting will be under the control of the Chairperson of the EXCO who will prescribe the conduct of the meeting as long as decisions made are not in conflict with this Constitution.
ii. The Secretary of the EXCO shall keep proper minutes of the meetings. The minutes will be signed by the Chairperson of the MRA and the aforesaid Secretary or Treasurer. iii. If it is necessary for any matter to be decided on the basis of a vote, then such vote will be taken by a show of hands or if the Chairperson or the meeting so decides, by secret ballot.
iii. A majority vote will decide any issue, with the exception of the amendment of this Constitution.
18. VOTING
18.1 Power to vote
Although non-members will be permitted to attend the meetings of the MRA, they will not be permitted to vote. They will, however, on invitation of the EXCO, be permitted to address the meeting. Only paid-up members of the MRA are allowed to vote at its meetings.
18.2 Proxy Vote
The name of a proxy must be submitted in writing and must be signed by the member appointed or his duly authorised agent who shall vote on his or her behalf and shall be handed to the Secretary prior to the start of the meeting.
18.3 Postal Votes
No provision is made for the receiving of or the use of postal voting.
19. POSTPONED GENERAL OR SPECIAL GENERAL MEETINGS
If no quorum of members is present at a reconstituted meeting, and there is still no quorum reached, the meeting shall continue with the members present forming a quorum, and shall transact the business for which the meeting was originally called
20. AMENDMENT TO THE CONSTITUTION
Any member in good standing may propose an amendment to the Constitution and shall submit his/her proposal to the Secretary of the MRA EKCO in writing for deliberation at the next meeting of the EXCO. Should the EXCO be in agreement with the proposed amendments, the Constitution will be updated and the changes ratified at the next AGM or SGM convened for that purpose.
The EXCO may submit proposed changes from time to time and shall follow the same process to ratify those changes at the next AGM or SGM convened for that purpose.
The amended Constitution shall be approved by at fifty percent plus one (50%+1) of the members present at the AGM or SGM convened for that purpose
Melkbosstrand Ratepayers Association Constitution Adopted on (Date) 24 April 2024 AT at (Place) MELKBOSSTRAND