CONSTITUTION
UNIVERSITY OF THE THIRD AGE BLAAUWBERG

INDEX OF CONTENTS

CLAUSE TITLE
1 NAME
2 OBJECTIVES
3 STATUS
4 MEMBERSHIP
5 MANAGEMENT
6 POWERS
7 ANNUAL AND SPECIAL GENERAL MEETINGS
8 FINANCE
9 PROPERTY
10 LIABILITY
11 AMENDMENTS TO THE CONSTITUTION
12 DISSOLUTION

  1. NAME
    The name of the organization shall be The University of the Third Age Blaauwberg, hereinafter referred to as U3A Blaauwberg.

  2. OBJECTIVES
    The objectives of U3A Blaauwberg are to improve the quality of life of people of mature age and to encourage the maintenance of intellectual capacity by facilitating the sharing of skills through stimulating programmes of learning and teaching and the social contacts derived therefrom.

  3. STATUS
    1. U3A Blaauwberg is an organisation having a legal personality, represented by the Committee as such, capable of suing and being sued in its own name.
    2. U3A Blaauwberg is an organisation not for profit, but for the benefit of its members and as such excludes the carrying on by it of trading or other profit-making activities or the participation by it in any business, profession or occupation carried on by any of its members, or the provision to them of financial assistance or of any premises or services, or facilities required by them for the purpose of any business, profession or occupation.
    3. None of its members in their personal capacities shall have any right to or interest in the property, funds or assets of U3A Blaauwberg.
    4. U3A Blaauwberg is not permitted to distribute its funds, assets or property to any person other than to a similar association of persons, giving preference to any other University of the Third Age in South Africa.

  4. MEMBERSHIP
    1. U3A Blaauwberg is open to all persons who are interested in supporting its stated objectives and who on application and payment of the annual subscription shall be admitted to membership and shall be bound by this Constitution.
    2. Membership may be terminated if:
      1. any member acts in a manner that is prejudicial to the good name of U3A Blaauwberg or brings it into disrepute, provided that the member concerned shall have the right of appeal to the Committee before a final decision is made
      2. membership subscriptions or other amounts owed to U3A Blaauwberg remain unpaid after 90 days of such amounts becoming payable.
  5. MANAGEMENT
    1. The affairs of U3A Blaauwberg shall be managed and controlled by an Executive Committee hereinafter referred to as the Committee, consisting of at least five paid up members of good standing, excluding those who are co-opted in terms of clause 5.5 and/or 5.6 hereof.
    2. The election of the Committee shall be held at the Annual General Meeting of U3A Blaauwberg. All nominations to the Committee shall be proposed, seconded, and agreed to at the Annual General Meeting.
    3. The newly elected Committee shall take office at the conclusion of the Annual General Meeting. Committee members shall serve for a period of one year but shall be eligible for re-election at the next Annual General Meeting.
    4. Office holders consisting of a chairperson, vice-chairperson, membership secretary, committee secretary and treasurer, as well as pertinent portfolio holders shall be appointed by the Committee at its first meeting following the Annual General Meeting.
    5. Not more than five ordinary members may be co-opted to the Committee. They shall have full voting rights and their term of office shall expire at the following Annual General Meeting.
    6. In addition from time to time, persons, who need not be members, may be co-opted to the Committee at its invitation, to serve because of their special expertise. They shall not have voting rights and their term of service shall expire at the following Annual General Meeting or sooner if so decided by the Committee.
    7. Committee members may resign office by giving not less than twenty-one days’ notice in writing to the Committee secretary. The Committee shall have powers to co-opt replacement members to fill vacancies. Such appointees shall have full voting rights and shall serve until the next Annual General Meeting when they shall be eligible for nomination and election to the Committee as provided for in clause 5.2 hereof.
    8. The Committee may appoint sub-committees to which it may from time to time and for such time as it determines, delegate the transaction of such matters and the performance of such acts as it sees fit. The Committee shall exercise supervision over the proceedings and acts of such sub-committees which shall report to the Committee on actions taken under their delegated powers.
    9. There shall be no fewer than four Committee meetings in each year.
    10. The quorum for any Committee meeting shall be fifty per cent of voting members.
    11. At Committee meetings matters shall be decided by a simple majority of votes of Committee members present. In the case of an equality of votes the chairperson shall have a second or casting vote.
    12. Special Committee meetings may be called at any time by the chairperson or by any two members of the Committee upon seven days’ notice given to all other Committee members outlining the matters to be discussed.
    13. The Committee secretary shall record and keep minutes of all Committee and all Monthly General, Annual and Special General Meetings. Minutes of sub-committee meetings shall be kept by the convenor of such meetings and passed to the committee secretary for retention.

  6. POWERS
    The Committee is empowered to:
    1. determine and collect annual membership subscriptions;
    2. administer membership in terms of clause 4 hereof and further may award honorary membership as it deems fit;
    3. publish books, pamphlets, reports, leaflets, journals, films, videotapes and any other instructional matter;
    4. establish training courses and arrange lectures, seminars, conferences, excursions and courses;
    5. assist and cooperate in the formation and operation of other local U3As;
    6. engage in non-trading fund-raising activities and receive donations, endowments, sponsorship fees, subscriptions and legacies from persons desiring to promote the objectives of U3A Blaauwberg. Any monies raised or received shall be retained by U3A Blaauwberg and be used at the discretion of the Committee;
    7. purchase, take on lease or exchange, hire and otherwise acquire and sell or dispose of movable and immovable property and any rights and privileges which U3A Blaauwberg may deem necessary for the promotion of its stated objectives, subject to such consents as may be required by law;
    8. make donations to approved public benefit organisations or any institution, board, or body which is exempt from tax in terms of section 10(1)(Ca)(i) of the Income Tax Act;
    9. appoint employees who are not members of the Committee either permanently or on a fixed term contract, as may from time to time be necessary for carrying out the work of U3A Blaauwberg and may fix their terms and conditions of employment. Such appointments must not be inconsistent with the stated objectives of U3A Blaauwberg;
    10. do all such other things as may be necessary for the attainment of the objectives of U3A Blaauwberg as stated herein.

  7. ANNUAL AND SPECIAL GENERAL MEETINGS
    1. The Annual General Meeting shall be held once in each year and not later than ninety days after the end of the preceding financial year. At least twenty-one days notice shall be given to all members by the committee secretary or chairperson
    2. The quorum at Annual General and Special General Meetings shall be ten per cent of the paid up membership. Should no quorum be present on the date and at the time set down of any General Meeting, the meeting shall be adjourned until a later date set by the chairperson.
    3. The chairperson of U3A Blaauwberg should be the chairperson of Annual or Special General Meetings at which he or she is present. Voting on any matter shall be by show of hands, unless otherwise agreed, the majority vote to count.
    4. The business of the Annual General Meeting shall include:
      1. approving the minutes of the previous Annual General Meeting;
      2. receiving and approving the annual report of the chairperson;
      3. receiving and approving the financial statements for the preceding financial year;
      4. electing the members of the Committee for the forthcoming year;
      5. appointing an honorary auditor;
      6. considering any proposals to alter the Constitution;
      7. considering any other business as published in the agenda;
      8. any other matters raised by members at the meeting.
    5. A Special General Meeting of U3A Blaauwberg may be convened by a resolution of the Committee or upon a requisition signed by ten per cent or more of the paid-up membership, stating the purpose of the meeting. Such meeting should coincide with a Monthly General Meeting.

  8. FINANCE
    1. All the income and property of U3A Blaauwberg shall be applied solely according to the objectives of U3A Blaauwberg. None of it shall be paid or transferred in any way to its Committee or members provided that nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to an employee of the said U3A Blaauwberg and repayment of reasonable and proper out-of-pocket expenses to members or Committee members incurred in the course of the work for U3A Blaauwberg.
    2. A bank account shall be opened in the name of U3A Blaauwberg, payments and withdrawals being made on the signature of any two of four Committee members, one of whom should be the chairperson or treasurer, if practicable. Similarly, investments may be made provided that the funds available for such investments be placed with registered financial institutions as defined in section 1 of the Financial Services Board Act 1990.
    3. The financial year of U3A Blaauwberg shall end on the last day of December in each year.
    4. All proper costs, charges and expenses incidental to the management and operation of U3A Blaauwberg shall be defrayed from its funds.
    5. The Treasurer shall keep accounts of all the monies received and expended on behalf of U3A Blaauwberg and shall prepare and publish such accounts, duly examined and approved by the honorary auditor and the Committee, at the Annual General Meeting. All monetary transactions shall be made by the Treasurer through properly authorised accounts in accordance with the directives of the Committee.

  9. PROPERTY
    1. All property of U3A Blaauwberg shall be vested in trustees appointed for this purpose or where the appointment of trustees is inappropriate shall be deemed to be held jointly by all members of the Committee.
    2. The Committee shall compile and maintain an Assets Register which shall reflect the nature of the asset, the value and the location.

  10. LIABILITY
    1. Neither U3A Blaauwberg or the Committee or any committee member acting individually as such or any member of U3A Blaauwberg shall incur any liability in respect of actions performed in good faith or in respect of liabilities incurred by or on behalf of U3A Blaauwberg in good faith.
    2. Neither U3A Blaauwberg or the Committee or any member shall be chargeable or responsible for damage or loss caused by any thing or act done or omitted to be done by him/her or any agent employed by him/her or by any member, provided reasonable supervision be exercised over any such agent, or by reason of any mistake or omission made in good faith by the Committee or any member or by reason of any other matter or thing other than wilful and individual fraud or wrongdoing or wrongful omission on the part of the Committee or any member who is sought to be held or made liable.

  11. AMENDMENTS TO THE CONSTITUTION
    1. The provisions of this Constitution may not be amended save on the passing of a resolution by a seventy-five per cent majority of members present and voting at an Annual General Meeting or Special General Meeting of U3A Blaauwberg, for which at least 21 days’ notice stating the intention to propose and vote on such specified amendments shall have been given to all members.
    2. Any amendment to this Constitution must be submitted to the Commissioner for the South African Revenue Service.

  12. DISSOLUTION
    1. U3A Blaauwberg may at any time be dissolved on the passing of a resolution by a seventy-five per cent majority of members present and voting at an Annual General Meeting or a Special General Meeting of U3A Blaauwberg, for which at least 21 days’ notice stating the intention to propose such a resolution shall have been given to all members.
    2. On the dissolution of U3A Blaauwberg and after the satisfaction of all debts and liabilities, the remaining assets must be distributed to a similar approved public benefit organisation or any institution, board or body which is exempt from tax in terms of Section 10(1)(Ca)(i) of the Income Tax Act, with preference being given to any other University of the Third Age in South Africa.