CONSTITUTION OF THE RATEPAYERS ASSOCIATION OF THE NELSON MANDELA BAY METROPOLITAN MUNICIPALITY
1. NAME
The name of the organization is THE RATEPAYERS ASSoctATtoN oF THE NELSON MANDELA BAY METROPOLITAN MUNICIPALITY (herein referred to as “the Association”.
2. DEFINITIONS
2.1 Unless the context indicates otherwise:
“Ratepayer” – means atl persons paying direct or indirect taxes, levies or duties to the NELSON MANDELA BAy METROPOLITAN MUNICIPALITY;
“Member” – means a fully paid-up member of the Association.
2.2 Any reference in this Constitution to the masculine gender shall include a reference to the feminine and any reference to the singular shall include reference to the plural and vice versa, unless the context indicates otherwise.
3. AIMS AND OBJECTIVES
The aims and objectives of the organization are:
3.1 to establish a civic organization to act in accordance with section 5 of the Municipal Systems Acf No 32 of 2000;
3.2 to represent and promote the interests of all ratepayers;
3.3 to co-operate with the Municipal council and its officials;
3.4 to lend support to all lavvful and laudable objectives of the Municipal Council;
3 5 to establish contacts and relationships with other organizations both nationally and internationally for the benefit of members;
3.6 to foster unity and co-operation amongst all Taxpayers;
3.7 to guard against over-taxation and to ensure the proper utilization of the municipal coffers derived from taxes and to prevent unreasonable tax increases or other practices tending to prejudice the interests of the community;
3.8 to maintain a high standard of municipal services, to ensure that the administration of the municipality is composed of competent and reliable officials and to promote appointments and promotions on merit;
3.9 to uncover corruption and misuse of public property;
3.10 to promote the cultural, educational and othervalues of the people of South Africa; and
3.11 to promote the interests of the Association and its members.
4. LEGAL STATUS
4.1 The organization is a legal persona, being a corporate body
(i) with perpetual succession;
(ii) capable of entering into contractual and other relations;
(iii) capable of suing and being sued in its own name; and
(iv) capable of holding assets and property in its own name and apart
from its members.
4.2 The liability of members is limited to the amount of their subscription fees.
5. MEMBERSHIP
5.1 Membership of the organization is open to all taxpayers of the Nelson Mandela Bay Metropolitan Municipality who apply for membership on the prescribed form and who pay the annual membership fee.
5.2 The Committee may, in its absolute discretion, refuse to accept the membership of any applicant and there will be no obligation on the committee to furnish reasons for its decision.
5.3 The subscription fees payable will be determined at every Annual General Meeting.
6. TERMINATION OF MEMBERSHIP
Membership terminates:
6.1 if a member has not paid the subscription fees within a date stipulated by the Committee; and
6.2 if, by a two thirds majority the Committee terminates the membership of a member on the grounds of unacceptable behavior or on the grounds of conduct that is considered to be detrimental to the organization.
7. GENERAL MEETINGS
7.1 The highest authority of the Association vests in the Annual General Meeting of members or any other General Meeting called in terms of this paragraph.
7.2 An Annual General Meeting is held annually not later than the last day of April upon 10 (ten) days notice by the secretary to all members.
7.3 A General meeting of members may be called upon 5 (five) days notice by the secretary to all members by the Committee and must be called by the Committee upon the written request of at least 20% (twenty per cent) of the members.
7.4 Twenty per cent (20%) of the members shall constitute a quorum at any General Meeting.
8. THE COMMITTEE
8.1 The management of the affairs of the Association shall be vested in the Committee, consisting of the following persons:-
8.1.1 Chairperson
8.1.2 Deputy Chairperson
8.1.3 Treasurer 8.1.4 Secretary and
8.1.5 three additiona! members.
8.2 The term of office of the Committee shall be from election at an Annual General Meeting until the election of the next Committee at the next Annual General Meeting.
8.3 Members of the National Executive Committee shall be eligible for re- election on the termination of their period of office.
8.4 The Chairperson or any other person mandated by the Committee are the only members who may speak on behalf of the Association.
9. FUNCTIONS AND DUTIES OF THE COMMITTEE
The functions of the Committee are as follows:
9.1 to execute the Association’s policies as determined by this Constitution, by a General Meeting or by the Committee;
9.2 to carry out the day-to-day running of the Association;
9.3 to raise monies and funds;
9.4 to invest, expend or otherwise employ monies and funds in a manner consistent with the Association’s aims and objectives;
9.5 to institute or defend legal proceedings on behalf of the Association; 9.6 to do anything necessary to promote the interest of the organization.
10. FINANCES
10.1 All funds of the Association shall be applied solely in furtherance of the aims and objectives of the Association.
10.2 The Treasurer shall report regularly to the Committee and shall present an audited financial report at each Annual General Meeting.
11. AMENDMENTS
The provisions of this Constitution may be amended by a resolution at a General Meeting upon 10 (ten) days written notice and with a two thirds majority of members present and voting.
THIS CONSTITUTION WAS APPROVED AND ADOPTED BY THE PERSONS WHO ARE THE SIGNATORIES HERETO AND WHO HAVE JOINED AS FIRST MEMBERS OF THIS ORGANIZATION AT PORT ELIZABETH THIS 2nd DAY OF MARCH 2011.
