- Name, Legal Identity and Persona
The name of the Association shall be The Friends of the Dog Walkers Association.
The Association is a "universitas personarum". An independent legal person or entity, distinct from the individuals who comprise it, having the capacity to acquire rights and incur obligations, and of suing and being sued in its own name and having perpetual succession. Neither members nor the Executive Committee (EC) shall be answerable for the debts or engagements of the Association.
- Postal Address and Domicilium
The postal address and physical address and domicilium shall be that of the chairperson for the time being.
- Objectives
The objectives of the Association shall be:
- To uphold the Constitution of the Republic of South Africa
- To promote, protect and safeguard the Traditional and Cultural rights of the residents of the City of Cape Town (CCT), to walk or run in the company of dogs in public places and within the Table Mountain National Park (TMNP).
- To preserve and protect the natural and built environment of the CCT and the TNMP.
- To take whatever action is necessary to reconcile the interests of persons walking dogs together with all sectors of the community within the parameters of this constitution.
- To serve as a forum through which its members and other persons with similar interests can communicate with the management of the TMNP and local government authorities with the objective of co-operative governance, including partnership agreements, between the Association, its members and said authorities.
- To recognise the need to ensure the healthy state of the environment and the safety of the residents of the CCT and of visitors and tourists to the City.
- To promote and ensure interaction with the greater community of the CCT and all sectors of that community arising out of socio-economic and environmental issues and to facilitate this objective by seeking corporate membership of other organisations with common objectives and interests, including the management of TMNP.
- The Association is strictly non political.
- The Association shall be entitled and empowered to seek registration as a non-profit organisation, exempt from payment of income tax.
- MEMBERSHIP
Membership shall comprise all those persons whose names and addresses and communication details are registered with the Association from time to time, whether or not such persons own a dog or dogs.
- Each member shall have an equal vote
- Executive Committee and Procedure
- The administration and executive business of the Association shall be managed by the Executive Committee (EC) which shall be constituted and empowered as follows:
- The EC shall comprise not less than five and not more than ten members and initially shall comprise those persons heretofore serving on the "steering committee" with effect from the adoption and signature of this document.
- The EC shall hold office for a period of two years after its creation in terms of this document.
- At the end of the period of two years the EC shall take such steps as are necessary to ensure the democratic reconstitution of the EC and the procedure for seeking nomination and election to such committee shall be determined within the discretion of the EC and shall not exclude notice in writing, or electronically or by way of meeting of all registered members.
- The EC shall have the right to co-opt members to the committee.
- The quorum for an EC meeting shall be a minimum of four members.
- The EC shall elect from its members a chairperson and so many honorary officers as it deems necessary. Provided that the EC shall be empowered to enlist the services of any person whether or not such person is a member of the Association in the capacity of Secretary and or Treasurer and honorary auditor.
- Meetings of the EC shall be convened by the chairperson, after reasonable notice to all EC members and at venues to be determined by the chairperson.
- Records of the proceedings and resolutions taken by the EC shall be kept and shall be available for inspection by members.
- All meetings of the EC shall be open to all members as observers only.
- Any member of the EC failing to attend three consecutive meetings without leave of absence shall automatically be discharged from the EC.
- Although the EC shall be conducted in its decision making process by consensus an issue may be put to the vote and carried with a simple majority of members present provided that in the event of a draw, the Chairperson shall have the prerogative of making a casting vote.
- No member of the EC may commit the Association to any statement or action nor publicly make any statement relating to the Association without the prior authority of the Chairperson.
- The EC shall maintain a banking account in respect of which cheques and documents will be required to be signed by any two members of the EC having been duly authorised to do so by resolution of the EC.
- The EC shall use available funds of the Association only for the official affairs of the Association.
- Office bearers and members of the Association have no rights to assets or funds of the Association.
- The financial year of the Association shall be from the 1 March to 28 February of the following year.
- Funds, which could include subscription and, or, donations from members and persons or bodies may be collected at the discretion of the EC via the office of the treasurer. All funds so collected must be passed through the Bank account of the Association.
- All funds collected by the Association shall only be deposited in bank accounts or bank deposits.
- The treasurer shall annually by a predetermined date established by the EC produce and present a financial report, balance sheet and revenue account .
- Annual General Meetings (AGM ) and Special General Meetings (SGM)
- An AGM shall be called by the EC during the month of March every two years commencing March 2009.
- All registered members of the Association shall be given reasonable and due notice of the AGM or SGM which notice may be written, electronic or by media advertisement.
- The onus of ensuring that members receive due notice of meetings shall rest on the members, to ensure that their communication details are current and effective.
- The date time and venue of any meeting in terms of this constitution whether it be an AGM or a special general meeting shall be determined by the chairperson in consultation with the EC.
- The financial report, balance sheet and chairperson's report shall be presented at the AGM.
- Any motion for a general meeting shall be adequately motivated and submitted in writing to the EC not less than 14 days before such meeting.
- Voting at any general meeting shall be by show of hands, except where a ballot is necessary to elect the members of the EC. A member may be represented at a meeting by proxy, provided written notification of the proxy must reach the chairperson not later than three days before the date of the meeting.
- Voting on any issue or a motion at a general meeting shall be carried by a simple majority and the chairperson may exercise a casting vote in the event of a draw.
- A quorum at a general meeting shall be twenty members, and the meeting shall stand adjourned if a quorum is not present until such time and place as determined by the EC.
- Amendments to the Constitution
- Any alterations, additions or amendments to the constitution must be passed by a two-thirds majority of the members present at a general meeting.
- At least 21 days notice in any form other than verbal of any proposed change to the constitution, unless introduced by the EC, must be given to the chairperson. Such notice must be signed by the proposer, a seconder, and at least four supporting members, who shall all be members of good standing.
- Interpretation of the Constitution and Rules
The chairperson's interpretation of the meaning of any item in the constitution and rules shall be final and binding and all meetings shall be conducted according to the Common Law rules of conduct at meetings.
- Dissolution and Distribution of Assets:
- The Association may be dissolved by motion duly given in terms of this constitution at a general meeting, except that such motion, in addition to a proposer and a seconder, shall have the written support of at least 20 members of good standing and that the quorum at such meeting shall be not less than 50 members of good standing. The members present at such meeting shall also give directions for the disposal and distribution of the assets of the Association in accordance with the criteria set out in the following sub-clause 9.2, and to that end appoint an ad hoc committee to carry out such directions.
- Consequent upon a resolution of dissolution in accordance with sub-clause 9.1 the ad hoc sub-committee heretofore referred to shall after a period of at least 30 days after the date of the resolution of dissolution, begin to give effect to such resolution. The criteria referred in sub-clause 9.1 are as follows -
- disposal to any similar public benefit organisation which has been approved in terms of section 30 of the Income Tax Act and/or;
- disposal to any institution, board or body which is exempt from tax under the provisions of section 10 (1) (cA) (I) of the Income Tax Act, which has as its sole or principal object, the carrying on of any public benefit activity.
- Funding
- The Association, through the EC shall be empowered to raise funds from members by way of subscriptions and /or other methods so approved, in order to conduct the affairs of the Association on a competent and sound financial basis.
- Subscriptions shall be determined by the EC from time to time and may vary according to the class of membership. Different classes or categories of membership, with or without full membership rights, may be established by the Association in general meeting. The objective being to accommodate persons entitled to membership but who may be financially constrained or persons upon which the Association might wish to bestow honorary membership. Such persons might include some one who is not an owner of a dog.
- Liabilities
Office bearers and members are not liable for financial obligations nor for any loss suffered by any person as a result of acts or omissions conducted by the Association in good faith.
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