UNIVERSITY OF THE THIRD AGE

DURBAN

P.O. BOX 70752

OVERPORT

4067

 

CONSTITUTION OF THE UNIVERSITY OF THE THIRD AGE IN DURBAN

AS AMENDED AUGUST 6, 2008

  1. ESTABLISHMENT

There is hereby established an association to be known as THE UNIVERSITY OF THE THIRD AGE – DURBAN, referred to in this document as U3A.

  1. OBJECTS

The objects for which U3A is established are:

2.1.         To provide intellectually stimulating programmes of learning and the social contacts arising therefrom for mature age people in partial or complete retirement.

2.2.         To deliver these programmes through a voluntary, self-help community in which all members enjoy equal status.

2.3.         To promote improvement in the quality of life of members.

2.4.         To demonstrate that intellectual capacity can be maintained well into the third age.

  1. POWERS

In furtherance of the said objects U3A may:

3.1.         Purchase, sell, lease, hire or otherwise acquire or dispose of movable or immovable property;

3.2.         Publish books, pamphlets, reports, leaflets, journals, films, videos and instructional matter;

3.3.         Establish training courses and run lectures, seminars, conferences and courses for members only on  a non-profit basis;

3.4.         Encourage and assist in the formation and operation of other Universities of the Third Age;

3.5.         Receive donations, endowments, sponsorship fees, subscription and legacies from persons desiring to promote any objects of the U3A and to hold funds in trust for the same;

3.6.         Open and operate one or more accounts with a registered financial institution and invest surplus funds with such institutions;

3.7.         Appoint employees or contractors and determine conditions of employment or appointment;

3.8.         Appoint trustees;

3.9.         Do all such other things as may be necessary for the attainment of any of the aforementioned objects.

  1. MEMBERSHIP

4.1.         A person who is interested in supporting the objects of U3A and who agrees to abide by this constitution may be admitted to ordinary membership upon payment of the applicable fees. Application for members is by way of a completed application form.

4.2.         Other

4.2.1.  Honorary Membership may be conferred on a person in such circumstances and for such period, as the Committee deems appropriate.

4.2.2.  Honorary Life Membership may be conferred by the Committee on a member by reason of special services rendered who shall enjoy all the rights and privileges of an ordinary member without payment of the annual subscription.

4.3.         The Committee may terminate the membership if:

4.3.1.  any money outstanding and overdue in respect of a subscription or otherwise; or

4.3.2.  A member acts in a way that is prejudicial to the U3A or that brings U3A into disrepute, provided the said member shall have the right to be heard by the Committee before a decision is made.

5.     COMMITTEE

5.1            The management of U3A shall be vested in a Committee comprising not less than six and not more than ten ordinary members in good standing;

5.2            The first committee shall be elected at the inaugural meeting of U3A and shall hold office until the end of the first Annual General Meeting; thereafter a committee shall be elected at every Annual General Meeting and shall hold office until the end of the ensuing Annual General Meeting;

5.3            The offices shall be Chairman, Vice-Chairman, Secretary, Treasurer and Committee Members who shall be elected at the AGM;

5.4            The Committee may co-opt ordinary members to bring or keep the Committee up to strength;

5.5            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 thinks fit and the Committee shall exercise supervision over the proceedings and acts of such sub-committees. A sub-committee shall report to the Committee as soon as possible on actions taken under its delegated powers.

5.6            The Committee may invite non-members who have specialised knowledge or expertise to serve on the Committee but such non-members shall not have a vote.

5.7            A Committee member may resign office by giving not less than twenty-one (21) days’ notice in writing to the secretary.

  1. QUORUM

6.1.         The quorum of a Committee meeting shall be four (4) members. If the Chairman is absent, the Vice-Chairman shall take the chair. If both are absent the Committee shall elect one of their numbers to act as Chairman.

6.2.         The quorum of a General Meeting shall be 10 percent (10%) of the paid-up membership. In the event a quorum is not present, the Committee shall schedule another meeting to be held within seven (7) weeks. At such meeting a minimum of five (5) paid-up members shall constitute a quorum.

7.     COMMITTEE MEETINGS

7.1.         The Committee shall meet as often as may be necessary to conduct the business of U3A but not less than four (4) meetings shall be held each year.

7.2.         The Chairman or any two (2) members of the Committee may request the Secretary to convene a special meeting of the Committee.

7.3.         A decision shall be made by a simple majority of votes of the members present. In the case of an equality of votes the Chairman shall have a second or casting vote.

7.4.         The secretary shall convene a meeting of the Committee, by giving notice (in writing) to each member stating the time, date and venue and the business to be discussed.

7.5.         An error or omission in the notice or the non-receipt of a notice shall not invalidate a decision taken by the Committee.

8.     GENERAL MEETINGS

8.1.         An Annual General Meeting for the period Ending 31 December 2001 shall be held not later than 31 March 2002 and for each year thereafter an Annual General Meeting shall be held not later than three (3) months after the end of the year.

8.2.         The business of the Annual General Meeting shall include:

8.2.1.  Receiving and approving the Annual Report;

8.2.2.  Receiving and approving examined accounts;

8.2.3.  Electing the members of the Committee being the Chairman, Vice Chairman, Secretary, Treasurer and Committee Members;

8.2.4.  Appointing the examiner of the accounts;

8.2.5.  Considering proposals to alter the Constitution, provided that the details of the proposals are circulated with the notice of the meeting;

8.2.6.  Receiving and considering a budget for the ensuing year and fixing the annual subscription;

8.2.7.  Considering any other business.

8.3.         The Secretary shall convene the Annual General Meeting by giving at least twenty-one (21) days notice (in writing) to all members.

8.4.         A Special General Meeting shall be convened by the Secretary upon the resolution of the Committee or upon a requisition signed by not less than one-tenth (10%) of the paid-up membership. At least fourteen (14) days notice (in writing) shall be given to all members and such notice shall include details of the business to be discussed. In the case of a proposal to amend the Constitution or to dissolve U3A the notice shall be twenty-one (21) days. (Also refer sections 12 and 13.)

8.5.         If the Chairman is absent, the Vice-Chairman shall take the chair. If both are absent the meeting shall elect another member of the Committee to act as Chairman.

8.6.         An error or omission in the notice or the non-receipt of a notice shall not invalidate a decision taken at the meeting.

9.     MINUTES

9.1.         The secretary shall ensure that minutes are kept of the proceedings of all meetings of the Committee, a sub-committee, and of General Meetings.

9.2.         Minutes shall be open to inspection by any paid-up member.

10.                      FINANCE

10.1.    The financial year of U3A shall end on the last day of December each year.

10.2.    The money and other assets shall be applied solely for the benefit of U3A;

10.3.    The Treasurer shall keep records to reflect the income and expenditure and assets and liabilities of U3A and report thereon to the Committee;

10.4.    At the end of each financial year the Treasurer shall prepare a statement of accounts for approval by the Committee and the Examiner of Accounts. The said statement of accounts to be published at the Annual General Meeting;

10.5.    A cheque shall be signed by the Treasurer and countersigned by the Chairman, provided that in the absence of one or both a cheque may be signed by any two members of the Committee;

10.6.    At least three persons who accept fiduciary responsibility for the U3A will not be connected persons in relation to each other, and no single person directly or indirectly may control the decision making powers of the U3A;

10.7.    All payments shall be ratified by the Committee;

10.8.    A member may be reimbursed for reasonable out-of-pocket expenses that have been incurred on behalf of U3A. No remuneration will be paid to any office bearer or member;

10.9.    No funds shall be distributed to any person (other than in the course of undertaking the business of  the U3A);

10.10.                       No donation may be accepted which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation;

10.11.                       No activity may directly or indirectly promote the economic self-interest of any member other than by way of reimbursement of reasonable expenses;

10.12.                       A member of the Committee shall not be liable for any loss or damage arising from an act or omission, provided that he or she acted in good faith;

10.13.                       Any immovable property of the U3A shall be vested in Trustees appointed for this purpose. Where appointment of Trustees is inappropriate it shall be held jointly by all members of the committee.

11.                      NOMINATION AND ELECTION OF COMMITTEES

11.1.    Nominations shall be invited at least twenty one (21) days prior to the Annual General Meeting.

11.2.    Nominations, which must be accepted by the nominees in writing, must be forwarded to the Secretary.

11.3.    Notwithstanding the above, nominations may be made from the floor, provided that the nominees have given their signed consent.

11.4.    The Committee shall appoint an impartial person to conduct an election.

11.5.    Voting shall be by a show of hands unless there is more than one nomination for any office, in which case voting shall be by secret ballot.

12.                      AMENDMENTS TO THE CONSTITUTION

12.1.    Amendments to the constitution may be considered at The Annual General Meeting or a General Meeting.

12.2.    Notice, including full details of the proposed amendments to the constitution, shall be twenty one (21) days.

12.3.    The provisions of this Constitution may be amended by a resolution of at least two thirds of the members of U3A present at a General Meeting or AGM.

12.4.    A copy of all amendments to the constitution must be submitted to the Commissioner for the South African Revenue Services.

13.                      DISSOLUTION OF THE U3A DURBAN

13.1.    U3A may be dissolved by a resolution of at least three quarters of the members of U3A present at a meeting.

13.2.    Any assets that remain after U3A affairs have been wound up shall be transferred to a non-profit making organisation with similar aims and objects which has been approved by the South African Revenue Services in terms of Section 30 of the Income Tax Act.

14.                      LIABILITY

14.1.    The liability of a member shall be limited to the payment of his or her subscription.

Adopted: November 14, 2002

Amended: April 17, 2003

Amended: August 6, 2008