CONSTITUTION OF THE GREATER CAPE TOWN CIVIC ALLIANCE
1. The name shall be THE GREATER CAPE TOWN CIVIC ALLIANCE, henceforth referred to as “The Alliance”.
2. The Alliance shall be a voluntary association which represents residents, ratepayers, civics and other interest groups within Cape Town, that are concerned with matters of government and are not aligned to any political party or other party political structure with a separate existence from their constituent members.
3. LEGAL IDENTITY & PERSONA
3.1 The Alliance is a “universitas personarum”, an independent legal persona or entity, distinct from the individuals who comprise it, having the capacity of acquiring rights of property, of incurring obligations and of suing or being sued in its own name and having perpetual succession, and neither members nor the Executive Committee shall be answerable for the debts or engagements of the Association.
3.2 The organisation will continue to exist notwithstanding changes in the composition of its membership or office-bearers.
The area of The Alliance shall be the municipal area administered by the CITY OF CAPE TOWN.
The objectives of The Alliance shall be the following:
5.1 To protect and promote the interests of its members in regard to objectives 5.2 and 5.3
5.2 To obtain membership of any forum or similar body established for the discussion of, or negotiations on, the constitutional status of local government.
5.3 To make representations to and, where relevant, to gain access to any forum, committee, federation or like body established for the discussion of, or required to deal with, the constitutional, financial or organisational changes to government with the purpose of ensuring that any such changes to government in the area covered by The Alliance furthers the interests of its constituent members.
5.4 To work for and promote the recognition of The Alliance as a body whose prior participation in the decision process would first be sought to ensure the favourable outcome of government decisions affecting its area.
5.5 To set up effective public participation systems to ensure effective participation by the people in planned and proposed government processes.
5.6 The Alliance shall not normally concern itself with any issue which is parochial or peculiar to a member’s area unless the principles involved could affect other members, or unless support on an issue or issues is so requested by the affected area’s chairperson.
The members of The Alliance shall be non party politically aligned associations comprising ratepayers, tenants or residents, civics associations or other bodies constituted for similar purposes, with aims or objects in line with those of the Alliance (and which are not members of any other regional or national body with aims or objects conflicting with those of The Alliance) and which;
6.1 Have a constitution with the aim or object of promoting its members’ interests in local government;
6.2 Have a provable list of members in good standing;
6.3 Accept the objectives of The Alliance.
6.4. It is hereby recorded that membership of The Alliance is granted to a member organisation and that the individuals so representing that organisation are understood to speak for and on behalf of their parent body and so carry that body’s mandate to express their views.
6.5. Members and/or Office Bearers have no rights to the property or other assets of the organisation solely by virtue of their being members or office bearers.
7. The bodies, which have attested to this Constitution, shall be the members of The Alliance together with any body that is admitted as a member in terms of Clause 8.
8.1 After the founding of The Alliance, any body which applies for membership shall, if it qualifies in terms of the provisions of Clause 6, be admitted as a member, excepting that The Alliance reserves the right to associate or disassociate itself with any other body in accordance with the provision of this Constitution.
8.2 It is hereby noted that the Ratepayers, Civics and Residents Associations that caused the formation The Alliance in June 2005 are automatically accepted as full members of The Alliance and, by virtue of their involvement in the inaugural meetings of the Association, hereby bind themselves to this Constitution : a list of such Ratepayers, Civic and Residents Associations will be attached to this Constitution as Annexure A.
9. SUSPENSION AND/OR TERMINATION OF MEMBERSHIP
9.1 The membership of any member who, in the opinion of the Executive Committee, acts in a manner conflicting with the aims and/or objectives of The Alliance, shall be suspended after due warning has been given in writing by the Executive Committee with details of the alleged offence if a satisfactory explanation has not been received within thirty (30) days of such warning.
9.2 Any member whose membership has been suspended shall have the right of appeal to a Special General Meeting, provided the appeal in writing is received within fourteen (14) days of the written notice of suspension, and the appeal must form part of the published agenda of the Special General Meeting. Failing the appeal being timeous, or failing the success of the appeal, the membership shall be terminated forthwith.
9.3 A member may voluntarily terminate its membership of the Alliance by giving thirty days written notice to The Secretary,
10. EXECUTIVE COMMITTEE
There shall be an executive committee to manage the affairs of The Alliance. The executive committee shall:
10.1 Hold office for one year and shall be elected at an Annual General Meeting. Such election shall constitute a mandate from the members;
10.2 Be representative of all regional interests and groupings comprising The Alliance with the right to delegate functions and co-opt individuals to undertake specific activities in the interests of attaining its objects;
10.3 Include a minimum of seven members, the office bearers of which shall comprise a Chairperson, one or two Vice Chairpersons, Secretary and Treasurer, who shall be elected by the executive committee as soon as may be possible after the Annual General Meeting.
10.3.1 The elected Chairperson may serve in that capacity for only four consecutive years and must stand down and not be available for re-election for a period of one year thereafter.
10.3.2 All other office bearers, with the exception of the secretary, shall be permitted to occupy their positions for a period of two years only, but may be elected to a post other than the one they have vacated.
10.4 Comprise of members on a voluntary, non-remunerative basis, excepting that members may be reimbursed for expenses incurred exceeding R100.00, provided such expenditureis authorised before it is incurred; and
10.5 Comprise a quorum when four committee members are present at the meeting.
10.6 Shall accept that, in the event of an elected member be unable to attend a meeting he may nominate another member to attend the meeting on his behalf. This nomination will be in written form and accepted by the member nominated and handed in to the Secretary before the nominee may take part in the proceedings.
10.7 Terminate the Executive Committee membership of any Committee member who fails to attend more than two (2) consecutive Executive Committee meetings without apology or proxy or reasonable explanation.
10.8 Suspend the executive committee membership of any member who, in the opinion of the Executive Committee, acts in a manner conflicting with the aims and/or objectives of The Alliance, after a disciplinary hearing has been held and the executive committee member is duly found guilty by the Executive Committee.
Any executive committee member whose membership has been suspended shall have the right of appeal, provided the appeal is in writing and received within fourteen (14) days of the written notice of suspension. The appeal will be heard through arbitration by a professional body which undertakes arbitration, which body will be agreed upon by the Executive Committee and by the suspended Executive Committee member. Failing the appeal being timeous, or failing the success of the appeal, the membership shall be terminated forthwith.
10.9 Propose, and submit to the Annual General Meeting for approval or adjustment, the amount of the subscription to be paid each year by each member.
10.10 Any public officer bearer shall not be eligible for GCTCA office.
The financial affairs of The Alliance shall be conducted so that:
11.1 Members shall make financial contributions towards the cost of managing the affairs of The Alliance in a manner and to the extent determined at an Annual General Meeting;
11.2 The Alliance shall be empowered to receive donations;
11.3 The Alliance shall open banking accounts and have books of account to reflect its transactions which will audited annually by a committee of three persons drawn from the membership and file their report to the Treasurer at the Annual General Meeting;
11.4 The financial year shall terminate on the thirtieth day of June each year, and
11.5 The liability of members shall not exceed the amount of their annual contributions.
11.6 The Executive Committee shall be empowered to call on members to contribute special levies for specific reasons during any financial year should the annual contributions prove insufficient to allow The Alliance to operate effectively in response to contingent circumstances arising.
11.7. The organisation’s income and property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered
Meetings of the Alliance shall be:
12.1 GENERAL MEETING
Once per quarter, or more frequent should issues or circumstances demand.
12.2 ANNUAL GENERAL MEETING
An Annual General Meeting which shall be held within six months of the end of the financial year which may be in lieu of a General Meeting envisaged in 11.1.
12.2.1 Fourteen (14)days written notice, of such meeting shall be given to all members.
12.2.2 A Quorum at the Annual General Meeting shall comprise of a third of all members plus one, discarding fractions.
12.2.3 Each member shall have one vote.
12.2.4 In the event that a quorum should not be present, the commencement of the meeting shall be adjourned for thirty minutes. Should there still be insufficient members to form a quorum, the people present at the meeting will be considered to constitute a quorum.
12.2.5 The Annual General Meeting shall determine the number of Executive Committee members to be elected for the ensuing year; elect the members of the Executive Committee; approve, or otherwise, the audited accounts; approve or adjust the subscriptions for the ensuing year as proposed by the Executive Committee.
12.3 SPECIAL GENERAL MEETINGS
12.3.1. A Special General Meeting may be convened by the Chairperson, acting Chairperson or by a written request signed by one third of the participating members, provided that fourteen (14) days notice of such meeting shall be given to all members.
12.3.2. Fourteen (14) days written notice, of such meeting shall be given to all members.
12.3.3 A Quorum at the Special General Meeting shall comprise of a third of all members plus one, discarding fractions.
12.3.4. Each member shall have one vote.
12.3.5. In the event that a quorum should not be present, the commencement of the meeting shall be adjourned for thirty minutes. Should there still be insufficient members to form a quorum, the people present at the meeting will be considered to constitute a quorum.
12.4 NOTICES OF MEETINGS
Notices of meetings shall be valid when delivered whether by way of postal, electronic, of facsimile means and in case of great urgency as regards the Executive Committee only, in the opinion of the Chairperson, telephonically.
12.5 MOTIONS TO BE INCLUDED ON THE AGENDA
Motions for consideration at any meeting shall be submitted to The Chairperson in writing by not later that 21 days before the date of the meeting, provided that the Chairperson in matters of great urgency may submit a motion without notice.
CONSTITUTIONAL AMENDMENTS AND DISSOLUTION AND GUARDIANSHIP
13. The Constitution may be amended by a vote of two thirds of the members in good standing, either present and voting, or represented by a written proxy, at the Annual General Meeting or a Special General Meeting, provided that written notice of such amendment is first submitted to the Executive Committee thirty (30) days prior to such meeting for inclusion in the written agenda of the meeting.
14. The Dissolution of The Alliance may be decided at a meeting convened for the purpose under the identical provisions as for constitutional amendments in Clause 13, provided further that the net value of any assets is disposed of to members on a pro-rata basis of current subscription payments and/or that responsibility for any liabilities is apportioned on a similar pro-rata basis.
15. Should the members in good standing at any General Meeting decide that there are no current issues to warrant maintaining an executive or management structure, the Executive Committee may hand over guardianship of the name, Constitution, records and assets of The Alliance to a committee of three honorary custodians, nominated at the meeting, who shall be agreeable to such appointment, and who shall be known as the Custodial Committee. This Custodial Committee shall:
15.1 have no executive or financial powers attributable to The Alliance, except as in Clause 17;
15.2 upon the unavailability, temporary or permanent, of any one of their number, themselves appoint a substitute on a temporary or permanent basis;
15.3 have the discretion to hand back control of the guarded attributes of The Alliance to a General Meeting – refer to Clause 15 – to which all previous members of the Alliance who at any stage were in good standing are invited, when said Custodial Committee is called upon to do so by a minimum of five (5) such previous members, who shall each have the authority of a Resolution passed by their respective Executive Committees to make such a request. In support of such request the issue or issues motivating it shall be specified to the Custodial Committee, and the preparations for the meeting shall be executed by the applicant members once the request has been approved.
16. The General Meeting called under Clause 15.3 shall take the form of a re-inaugural meeting and an Executive Committee shall be elected in terms of Clause 10 and financial contributions determined in terms of Clause 11.
17. At the time of handing over of guardianship to the Custodial Committee as in Clause 15, the Secretary shall notify all previous members of the Alliance, who at any time were in good standing, of this status change and the procedures necessary to reinstate an active mode.
18. If, after a minimum of three (3) years under Custodial control, there has been no call to the Custodial Committee to hand control to a General Meeting, such Committee shall, at their discretion, have the mandate to dissolve The Alliance at any time thereafter, and to donate the financial assets to the Red Cross Children’s Hospital.
19. POSTAL ADDRESS
The postal address of the Association shall be the residence of the Secretary or any other place that the Executive Committee (ExCo) may designate.
27 November, 2010