CONSTITUTION OF THE GREATER LYNFRAE CIVIC

ASSOCIATION

1.

NAME OF ASSOCIATION

1.1

A Voluntary Association to be known as The Greater Lynfrae Civic

Association (hereinafter referred to as the Association) is hereby established
on behalf of the ratepayers and tenants living in the area of operation designated
below.

2.

LEGAL STATUS OF THE ASSOCIATION

2.1

The Association is liable for its own debts and not the debts of associated bodies.
Any assistance granted to any person or body, whether corporate or unincorporated, shall not render it liable for the debts of such person or body.

2.2

The Association may sue or be sued in the name of its Chairperson for the time
being in any court of law in the Republic of South Africa. All process of law,
notices and the like shall be regarded as sufficiently served on the Association if
served on the Chairperson personally.

2.3

Neither the Chairperson nor any committee member shall be personally liable
for any loss suffered

2.4

The area of operation of the Association shall be the area bounded by the railway
line on the West, Lansdowne Road on the South, Belvedere Road on the East,
Avenue De Mist/Oakhurst Avenue/Albion Road on the North, (hereinafter the
Area).

3.

MAIN OBJECTIVE

3.1

The main objective of the Association shall be to promote and safeguard the
interests of the ratepayers and tenants of the Area.

4.

ANCILLARY OBJECTIVES

4.1

To provide a forum for the exchange of information and views on relevant

matters affecting the ratepayers in the Area.

4.2

To represent the views of its members to local authorities and to other relevant
organisations and persons.

4.3

To keep itself informed of the affairs of the Cape Town City Council and other
public bodies, especially on matters that affect property owners and tenants in
the Area.

4.4

To inform Councillors and Public Officials about the needs of the

ratepayers and tenants of the Area.

4.5

To co-operate with other Civic or Ratepayers Associations.

4.6

To promote and enhance the environment of the Area.

5.

POWERS
The powers of the Association shall be:

5.1

generally to take such action and to do such things as may be required for
the achievement of its objectives as laid down in the Constitution,
notwithstanding the specific powers stated in sub-clause 5.2 to 5.4 hereunder;

5.2

to receive annual subscriptions, donations, grants and all other revenues of

the Association; to open and operate an account or accounts with any registered
financial institution and to draw and accept cheques; and to invest any surplus
monies of the Association;

5.3

to pay any person for services rendered, goods or premises hired, or

for necessary purchases made in pursuance of the objectives of the Association;

5.4

to elect and appoint office bearers as provided in clause 7. to 7.4 hereunder.

6.

MEMBERSHIP

6.1.1

Any natural person over the age of 18 or juristic person who owns or leases
property which is situated within the boundaries of the Association.

6.1.2

The spouse or partner of any such person shall be deemed to be a member.

6.2

Every application for membership must be accompanied by the prescribed

application fee.

6.3

The liability of each member shall be limited to the amount of any

subscription owing by such member to the Association.

6.4

Any member of the Association who breaches the Code of Conduct, or who in
the opinion of the Committee gives the Association a bad name, may either be
suspended by the Committee for such period as it may determine or may be
expelled from the Association. Written notice of suspension or expulsion shall be
given to the member. In the notice of suspension or expulsion, it shall state which
provision of this Constitution has been contravened by the member.

6.5

Any member may resign from the Association at any time. Notice of resignation
must be given in writing.

7.

EXECUTIVE COMMITTEE

7.1

The affairs of the Association shall be managed by an Executive of not less

than six and not more than twelve members who shall be elected annually at the
Annual General Meeting. The Executive shall be empowered to fill any vacancy,
which may arise on the Executive Committee by co-opting a member to serve
until the following Annual General Meeting.

7.2

At every Annual General Meeting, the Chairperson, Deputy Chairperson,

Secretary and Treasurer (the Office Bearers) shall retire from office, but shall be
eligible for re-election.

7.3

Election of the Executive Committee shall take place by show of hands or by

ballot if so demanded, by a majority of those present.

7.4

The Executive Committee shall elect from their own body a Chairperson,
Vice-Chairperson, Secretary and Treasurer.

7.5

The Executive Committee shall have the power to appoint sub-committees

from members of the Association to deal with such matters as they may delegate
in terms of the Constitution.

7.5

The Executive Committee shall meet regularly with a minimum of ten

meetings per year. A quorum at such meetings shall be 50% plus 1 of the total
membership of the Committee.

7.6

Any member of the Executive who fails to attend 2 (two)consecutive meetings

without leave of absence shall forfeit office. The Executive Committee may then
fill the vacancy.

7.7

The Executive may make rules governing the procedure for conducting the
affairs of the Association.

7.8

The Executive shall have the power to accept or reject applications for

membership, collect subscriptions, incur expenditure not exceeding assets, pay

accounts due, act on resolutions adopted at properly constituted meetings and
carry out all such reasonable acts as it may deem fit for the proper administration
of the Association.
7.9

A member of the Executive Committee may be removed (and replaced) at

any time by ordinary resolution passed at a duly convened General or Special
Meeting of the Association.

7.10

No person shall serve as an Office Bearer on more than one Civic Association
which has been recognised by the Municipality of the City of Cape Town.

7.10

Minutes of all meetings shall be kept in a book and be made available at all
convenient times to the committee members and the members of the Association
and officials of the relevant local authorities.

7.11

The Councillor(s) for the Area shall be provided with a copy of the minutes of all
the meetings held by the Association, as well as given timeous notice of the
meetings.

8.

DUTIES AND POWERS OF OFFICERS OF THE EXECUTIVE COMMITTEE

8.1

Chairperson: The Chairperson shall be responsible for the observance of the

Constitution governing the Association and shall conduct all meetings within its
framework under the general rules of debate. He/She shall at all time have a
deliberative vote and in the case of equality of voting shall have a casting vote.

8.2

Vice-Chairperson: The Vice-Chairperson shall carry out such duties of

office allocated to him/her by the Chairperson and shall take the chair in
the absence of the Chairperson.

8.3

Secretary: The Secretary shall be responsible for keeping a record of all

business conducted at both Executive and General meetings. The Secretary shall
provide the Councillor(s) for the Area with a copy of the minutes of all the
meetings held by the Association, as well as give the Councillor(s) timeous
notice of the meetings.

8.4

Treasurer: The Treasurer shall be responsible for keeping such books and
records of finance as the Executive may direct. In addition he/she shall collect
either directly or through official collectors all subscriptions due by members.
He/She shall bank all monies in a bank or financial institution nominated by the
Executive and opened in the name of the Association. Withdrawals shall be
signed by two authorised signatories. Money received shall be deposited in the
bank/institution immediately, and the Treasurer shall report the current state of
the Associations finances as considered necessary. In the event of one person
4

holding the dual position of Secretary/ Treasurer, he/she shall fulfil the duties set
out in each post.

9.

GENERAL MEETINGS AND SPECIAL GENERAL MEETINGS

9.1

At least twice each year General Meetings of the members shall be held within
the Area.

9.2

All paid up members in attendance at any General Meeting of members shall be

entitled to vote on any resolution and to vote for candidates for the Executive
Committee.

9.3

Representatives of juristic persons may vote at General Meetings only if

they are authorised in writing to do so.

9.4

Not less than fourteen (14) written days notice of the day, hour and venue of the
General Meeting as well as the Annual General Meeting shall be given to each
member

9.5

One of the General Meetings must be constituted as the Annual General Meeting.
This Annual General Meeting shall take during the first school term of the year.

9.5.1 Notice of any resolution to be proposed at the Annual General Meeting, other than
the ordinary business, must be lodged with the Secretary at least seven (7) days
before the date fixed for such meeting.
9.5.2 A Balance Sheet and Revenue and Expenditure Account for the previous
year, signed by the Chairperson and Treasurer, shall be presented at each Annual
General Meeting.
9.5.3 The ordinary business at the Annual General Meeting shall include the
following:
9.5.3.1

to receive and consider the report of the Executive Committee;

9.5.3.2

to receive and consider the Financial Report by the Treasurer;

9.5.3.3

to report on the election of members of the Executive Committee in terms

of clause 7.1;

9.5.3.4

to consider any matter, proposal or resolution raised or proposed by any

members, provided that at least three (3) weeks written notice to the
Executive Committee shall be given by the member concerned, requesting
that such matter, proposal or resolution be included on the Agenda of such
Meeting.

9.6

Special General Meetings shall be called by the Secretary on receipt of a

written request from the Chairperson, or on receipt of a requisition signed by not
less than fifteen (15) members, specifying the purpose for which such meeting is
to be called. Subject to the powers of the Committee, no business other than that
specified shall be transacted at such meeting, but any resolution strictly relating to
such business may be submitted to such meeting.

9.7

The quorum for a General Meeting or a Special General Meeting

called by the Committee shall be twenty (20) members; provided if there is
no quorum within fifteen (15) minutes after the time fixed for the meeting of the
Annual General Meeting or Special General Meeting, it shall be postponed to the
same day and hour of the following week and at such adjourned meeting the
members present shall be deemed to be a quorum for the transaction of all
business of the meeting.
In the case of a Special General Meeting called by requisition of members, if no
quorum be present, it shall be definitely dissolved.

10.

SUBSCRIPTION

10.1

The annual subscription for each member shall be fixed by the Executive
Committee at the start of each year and will be ratified at the Annual General
Meeting

10.2

The Financial Year shall commence on the first day of January and shall
end on the last day of December of that year.

10.3

The Executive shall keep a register of members. Only those members

whose subscriptions are up-to-date will be eligible to vote or stand for election at
a constituted meeting.

11.

AMENDMENT OF CONSTITUTION
No addition or alteration to this Constitution shall be allowed unless approved by
a 2/3 (two-thirds) majority of members present and entitled to vote at the Annual
General Meeting or at a Special General Meeting called for that purpose. All
amendments shall be given to the Secretary, in writing, at least 21 (twenty-one)
days before the Annual General Meeting or Special General Meeting held for
that purpose, for them to be circularised to members.

12.

DISSOLUTION OF THE ASSOCIATION

12.1

A 2/3 (two-thirds) majority vote shall be required at an Annual General

Meeting or Special General Meeting to dissolve the Association.

12.2

In the event of such dissolution the Associations assets shall be disposed of

by the Executive and the proceeds therefrom plus any other funds in hand, shall
be dealt with at the discretion of the Executive.

[Signed by Alan Jackson, Chairperson]