Constitution of the Greymont Residents Forum (GRF)

  1. NAME

The name of the Forum shall be the Greymont Residents Forum.

  1. ADDRESS

The address of the Forum to which all communications shall be sent is 35 3rd Street Greymont 2195, or any other address as deemed acceptable at the annual general meeting.

  1. DEFINITIONS

The “Area” – the suburb of Greymont

The” Forum” – The Greymont Residents Forum.

The “Executive Committee” – the committee referred to in 7

“Financial Year” – the financial year of the Forum ending 28 February

“Member” – a person who resides in Greymont and whose name is recorded in the register of Members referred to in 6 below.

“Year” a calendar year

  1. OBJECTS

The objects of the Greymont Forum shall be:

4.1 To promote and protect the mainly residential nature of the Area as defined;

4.2 To promote a clean, tidy and law abiding community as well as to help maintain the Carel Venter Park as part of the heritage of Greymont.

4.3 To enter into dynamic private/public partnerships with the relevant departments and bodies of the City of Joburg and so as long that they promote the Forums objects as stated in this constitution.

4.4 To promote, protect and foster the collective interests of all Members and all Residents and property owners in the Area;

4.5 To take note of all matters of public importance and their effect on the Area especially in matters of by-law compliance and to promote the ‘green’ nature of our suburb and to take action and make such representation as may be deemed necessary.

  1. APPLICATION OF FUNDS

All funds accruing to the Forum shall be applied in the implementation of its objects.

  1. MEMBERSHIP

6.1 Any person who is eighteen years of age or more and is an owner or occupier of land or buildings in the Area zoned for residential use shall be entitled to be registered as a Member of the Forum if he/ she:

6.1.1

Furnishes his/her full name, address and contact details and is not in contravention of the City of Joburg by-laws. (The executive committee will verify this aspect.)

6.1.2 A

 Contributing Member is one who:

  1. pays his/her subscription on a regular basis or;
  2. contributes financially to special projects or;
  3. Contributes in kind materially (donating equipment, purchasing goods needed etc.) –

will then be considered a Member of the Greymont Residents Forum.

6.2

Any business based and operative on land or buildings in that portion of the Area zoned for commercial use shall be entitled to be registered as a Business Member of the Forum;

6.3

“MEMBERS” shall be entitled to registration as a Member of the Forum containing the full name and address of the prospective Member and subject to 6.1.2

6.4

A person or body registered as a Member shall be a Member of the Forum if abides by the definition of a “member” referred to in no. 6.1.2

6.5

The Forum shall cause to be kept a register of Contributing Members in which there shall be recorded the names and addresses of all persons referred to in 6.1 and 6.2

6.6 Only members, as defined above in 6.1.2 will be eligible to nominate, vote and stand for positions on the executive committee.

  1. EXECUTIVE COMMITTEE

7.1

The Forum shall be administered by a committee which shall consist of not more than six and not less than three Members, elected at an annual general meeting.

7.2

At its first meeting after each annual general meeting, the Executive Committee shall elect from its number a Chairperson, a Secretary and a Treasurer and other essential positions determined by the sitting executive who shall hold office as such until the following annual general meeting.

7.3

The Members of the Executive Committee shall have power at any time and from time to time to appoint a Member as a Member of the Executive Committee, either to fill a casual vacancy or as an addition to their number but so that the total number of Members of the Executive Committee shall not at any time exceed six in number. Any person appointed to fill a casual vacancy or as an additional Member of the Executive Committee shall retain office only until the next following annual general meeting and shall then retire but will be eligible for re-election.

7.4

The Members of the Executive Committee may appoint task teams from among their number and fix the quorum thereof which shall not be less than two and may delegate any of their powers or authorities to any such task team and may make rules for regulating the proceedings thereof. The Chairperson shall be an ex officio Member of all task teams appointed in terms of this clause. Any such task team shall be entitled to co-opt such person or persons not exceeding two in number as it may think fit from among Members of the Forum.

7.5

Nominations for Membership of the Executive Committee shall be submitted in writing/ email to either the Secretary or Chairperson at least one week prior to the annual general meeting, provided that the Chairperson of such annual general meeting shall be entitled, in the event that insufficient written nominations are received, to accept nominations from the floor.

7.6

Each nomination for Membership of the Executive Committee shall be proposed and seconded by Members and accompanied by written consent/email of the nominee.

7.7

If more written nominations are received than there are vacancies to be filled, an election by ballot will take place at which each Member shall be entitled to only one vote for each vacancy to be filled. In the event of a tie in the voting, a further ballot shall be held. Any further tie shall be decided by lot.

7.8 If the number of persons nominated for Membership is equal to the number of vacancies, the Chairperson of the annual general meeting shall declare each such nominee duly elected to the Executive Committee.

7.9

A Member elected to the Executive Committee shall serve on the Committee for no longer than three consecutive years but may resign at any time by tendering his resignation in writing to the Chairperson. Any such Member shall be eligible for re-election.

7.10

No Member shall hold the office of Chairperson for a term exceeding 3 (three) consecutive years. He or she shall be eligible for re-election only if he or she has vacated office for a period of 1 (one) year.

  1. POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

8.1

The management and control of the Forum shall be vested in the Members of the Executive Committee who shall be entitled to act on behalf of the Forum in all matters

pertaining to the implementation of its objects: provided that the exercise of such management and control shall not be carried out in a manner inconsistent with or contrary to any resolution passed at any general meeting of the Association but no resolution passed in general meeting shall invalidate any prior act of Members of the Executive Committee which would have been valid if such resolution had not been passed.

8.2

The Members of the Executive Committee shall cause to be kept proper and adequate books of account relative to the business and affairs of the Forum, minute books wherein shall be recorded, inter alia, the names of all Members of the Executive Committee present at each meeting thereof or of any committee appointed in terms of 7.4 and all resolutions of general meetings of the Association.

8.3

Any minute of any meeting of Members of the Executive Committee or of any task team thereof or of any general meeting, if signed by the Chairperson of the meeting or by the Chairperson of the next succeeding meeting of Members of the Executive Committee or general meeting of Members, as the case may be, and any extract from such minutes, if signed by the Chairperson or any Member of the Executive Committee and the Secretary, shall be receivable as evidence of matters stated in such minute or extract.

8.4

The Chairperson of the Executive Committee shall formally report to Members of the Forum at the annual general meeting on the activities of the Executive Committee during the preceding year.

  1. STATEMENTS AND PROJECTS

Statements to members of the press or to any third party in respect of the business and affairs of the Association may only be made by a Member of the Executive Committee duly authorised thereto by such committee. No Member, other than a Member of the Executive Committee, duly authorised as aforesaid, shall have power or authority to bind the Forum in any way whatsoever or to undertake any project on its behalf.

  1. PROCEEDINGS OF THE EXECUTIVE COMMITTEE

10.1

The Members of the Executive Committee may meet for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The quorum necessary to transact business at any meeting shall be three.

10.2

Meetings of the Executive Committee shall be convened by the Secretary on the request of the Chairperson to do so by giving to each Member of the Executive Committee not less than five days notice of such meeting.

10.3

Questions at a meeting of the Members of the Executive Committee shall be decided by a majority of votes. Each Member shall have a vote and the Chairperson shall have both a deliberative vote and a casting vote. If at any duly convened meeting of the Executive Committee the Chairperson is not present within five minutes of the commencement thereof, the Treasurer shall act as Chairperson : provided that if both the Chairperson and Treasurer are not present five minutes after the time for commencement of the meeting, the Members present shall elect a Chairperson from amongst their number.

  1. DISQUALIFICATION OF MEMBERS OF THE EXECUTIVE COMMITTEE

A Member of the Executive Committee shall cease to hold office as such:

11.1

If he/she fails, without reasonable excuse, to carry out any duty allotted to him by the Executive Committee;

11.2

If he/she is absent from three consecutive meetings of the Executive Committee without leave of the Members of such committee; or

11.3

If he/she conducts himself in a manner detrimental to the interests of the Forum; and the Members of the Executive Committee resolve that he be disqualified from continuing in office.

  1. GENERAL MEETINGS

12.1

An annual general meeting shall be held not later than six months after the end of each financial year and not more than fifteen months shall elapse between the date of one annual general meeting and the next.

12.2

An annual general meeting and a special general meeting referred to in 12.4 shall be called by not less than twenty one (21) clear days’ notice in writing despatched to all Members at the time.

12.3

The business of an annual general meeting shall be:

12.3.1 To receive and consider the financial statements for the preceding year as prepared by the Treasurer and verified by the Chairperson or another independent competent person.

12.3.2 To elect Members of the Executive Committee; and

12.3.3 To consider any other matter of which due notice has been given in the notice convening the meeting.

In addition, any motion or question concerning the objects of the Forum or its administration by the Executive Committee, duly proposed and seconded, shall also be considered.

12.4

Upon a request addressed to the Chairperson of the Executive Committee and signed by not less than thirty Members in good standing, the members of the Executive Committee shall call a special general meeting to be held not later than two months from the date of receipt of the requisition. The Chairperson of the Executive Committee shall also have the right to call a special general meeting for any reason he sees fit. The notice of such meeting shall specify the nature of the business to be conducted there at and no other business shall be considered at such meeting. If the Secretary shall fail to call the meeting within the period aforesaid, then the Members who signed the requisition may themselves do so by giving to all Members the same required notice in writing.

12.5

The quorum for an annual general meeting shall be twenty Members and for a special general meeting thirty Members.

12.6

The Chairperson, of the Executive Committee shall take the chair at every annual general meeting or special general meeting but if the Chairperson or Treasurer is not present at the time appointed for the holding thereof the Members present shall choose another Member of the Executive Committee as Chairperson: provided that if no Member of the Executive Committee is prepared to take the chair then the Members present shall choose one of their number to be Chairperson.

12.7

All questions, motions and matters arising at or submitted to any annual general meeting or special general meeting shall be decided by a majority of the votes cast and shall, in the first instance, be decided by a show of hands. In the case of equality of votes the Chairperson shall, both on a show of hands and at a poll have a casting vote in addition to the vote to which he is entitled as a Member.

12.8

At any general meeting, unless a poll is demanded:

12.8.1 By the Chairperson; or

12.8.2 by not less than ten Members;

a declaration by the Chairperson that the resolution has been carried or carried by a majority or lost or not carried by a particular majority shall be final and an entry to that effect in the minute book of the Forum shall be conclusive evidence of the fact without proof of the number of votes recorded in favour of or against such resolution.

12.9

If a poll is demanded it shall be taken forthwith in such manner as the Chairperson of the meeting directs. Volunteers shall be elected to count the votes and to declare the result of the poll and their declaration, which shall be announced by the Chairperson of the meeting, shall be deemed to be the resolution of the meeting on the question in respect of which the poll was demanded. In the case of any dispute as to the admission or rejection of a vote, the Chairperson of the meeting shall determine the same and such determination shall be final and conclusive.

12.10

The Chairperson of an annual general meeting or special general meeting may, with the consent of the meeting, adjourn the same from time to time and from place to place but no business shall be transacted at any such adjournment other than the business left unfinished at the time when the meeting was adjourned.

12.11

If at any annual general meeting or special general meeting there is no quorum present at the time appointed for the meeting, the meeting shall stand adjourned to the same day, time and place fourteen days later when the Members present shall constitute a quorum and shall transact the business for which the meeting was convened.

  1. FINANCE

13.1

All Membership subscriptions and all other funds received by the Forum from whatsoever source shall be the property of the Forum and shall be under the control of the Executive Committee who shall cause the same to be deposited in an account in the name of the Forum with a registered financial institution.

13.2 Financial instruments evidencing the financial commitment or obligation of the Forum shall be signed on its behalf by both the Chairperson and Treasurer.

  1. PERSONAL LIABILITY

Neither the Members of the Forum nor the Members of the Executive Committee or of any sub-committee thereof shall be personally liable for any obligation of the Forum properly undertaken or incurred on the Forum’s behalf by the Members of the Executive Committee or such sub-committee in the honest and reasonable exercise of their powers and duties and the Members of the Executive Committee shall be entitled to apply the common fund of the Forum to the discharge or settlement of any such obligation.

 

  1. DISSOLUTION

15.1 The Forum may be dissolved upon a resolution to that effect being passed by a majority of not less than three-quarters of the Members present at a special general meeting, duly convened by notice stating its purpose as being the dissolution of the Forum and the disposal of its assets. At such meeting a financial statement to date shall be presented.

15.2 Any assets which remain after the satisfaction of the Forum’s debts and liabilities shall be remitted to a registered welfare or charitable organisation chosen by a majority of the Members present.

  1. AMENDMENTS TO THE CONSTITUTION

16.1

Any new changes will be confirmed and ratified by the Executive after the consultative process outlined below has been followed.

16.2

These changes will be posted on our website at www.greymont.co.za and members will be notified of this development.

16.3

After careful deliberation by members, and if no objection is forthcoming via email to either the Chairperson or Secretary after 7 days of this notification, then the changes would be considered as accepted and ratified by the members.

16.4

Members will be notified when the adopted changes are made. These will be posted on our website under “new amended constitution”.

The original Constitution (not these amended proposals) was adopted by the Executive Committee of the Greymont Residents Forum in March 2012.

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