CONSTITUTION
OF THE
UNIVERSITY OF THE THIRD AGE - GEORGE-WILDERNESS
1.
NAME.
The name of this organisation shall
be The University of the Third Age – George-Wilderness, hereinafter referred to
as U3A-George/Wilderness.
2.
OBJECTS.
The objects of U3A-George/Wilderness
are:
2.1
to provide intellectually stimulating programmes of learning and the
social contacts arising there from for mature people, mainly but not
exclusively, in partial or complete retirement;
2.2
to deliver these programmes to its members through mutual assistance
and voluntary co-operation and 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.
2.5 conduct its activities as a non-profit
organisation
2(bis) STATUS
2(bis) 1.
U3A-George/Wilderness is an organisation having a legal personality, capable of
suing and being sued in its own name.
2(bis) 2.
U3A-George/Wilderness 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
continuous services, or facilities required by them for the purpose of any
business, profession or occupation.
2(bis) 3. None of its
members in their personal capacities shall have any right to or interest in the
funds, property or assets of U3A-George/Wilderness
3. POWERS.
In furtherance of the
above U3A-George/Wilderness may:
3.1 purchase, take on lease or in
exchange, hire and otherwise acquire and sell or dispose of movable and
immovable property, subject to such consents as may be required by law;
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;
3.4 encourage and assist in the
formation and operation of other U3A’s;
3.5 receive donations,
endowments, sponsorship fees, subscriptions and legacies from persons desiring
to promote any of the objects of U3A-George/ Wilderness and to hold funds in
trust for same;
3.6 do all such other
lawful things as may be necessary for the attainment
of the above objects or any of them.
3.7 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 No.
58/1962 as amended.
4. MEMBERSHIP.
4.1 All persons, regardless
of academic qualifications, interested in supporting the objects of
U3A-George/Wilderness shall be admitted to membership upon payment of the
annual subscription, (as determined by the Committee or the AGM), provided that
they agree to abide by this Constitution and any conditions properly imposed by
the Committee.
4.2 The Committee may
terminate membership of any member if:
4.2.1 there is any money owed
to U3A-George/Wilderness in respect of membership or other fees after a period
of three months from the due date as prescribed by the Committee;
4.2.2 that member acts in a
way which is prejudicial to U3A-George/Wilderness or brings it into disrepute,
provided that the individual concerned shall have the right to be heard by the
Committee before a final decision is made;
4.3 The Committee may award
honorary membership to those individuals it considers fit and for such periods
as it deems appropriate.
5
ADMINISTRATION.
5.1
The administration of U3A-George/Wilderness
shall be vested in a Committee consisting of members whose duty it shall be to
carry out its general policy, and to provide for the management and control of
the affairs and property of U3A-George/Wilderness, and to exercise the powers
set out in Clause 3 above.
5.2 The Committee shall consist of at least five and not more than ten members, excluding not more than two further members who may be co-opted for a specific purpose/s and for such period/s as determined by the Committee. Such co-opted members shall have full voting rights only in respect of the issue/s for which he/she was co-opted and their term of office shall expire at the following Annual General Meeting.
5.3 Committee members shall serve for a period of
one year, but shall be eligible for re-election.
5.4 The election of the Committee shall be held
at the Annual General Meeting of the U3A. –George/Wilderness. All members
standing for election to the Committee shall be duly nominated and seconded by
two members in good standing, such nomination to be made in writing prior to
the Annual General Meeting or, with the Chairperson’s permission, at the Annual
General Meeting.
5.5 The office bearers consisting of a
Chairperson, Deputy Chairperson, Membership Secretary, Committee Secretary and
Treasurer, as well as the portfolio holders, shall be appointed by the
Committee at its first meeting following the Annual General Meeting.
5.6 Persons, who need not be members, may be
invited by the Committee to serve because of their special expertise. They
shall not have voting rights and their terms of service shall expire at the
following Annual General Meeting.
5.7 The newly elected Committee shall take office
at the conclusion of the Annual General Meeting.
5.8 There shall be no less than four (4) Committee
meetings per year, at which the quorum shall be half plus one of the members.
5.9 Committee members may resign from office by
giving not less than twenty-one days’ notice in writing to the Secretary. In
the event of any vacancy on the Committee, it shall have the power to co-opt an
additional member or members to fill such vacancy from the membership. Such
appointees shall serve until the next Annual General Meeting, when they shall
be eligible for election to the Committee.
5.10
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.
5.11.1
Special Committee meetings may be called at any time by the Chairperson, or by
any two members of the Committee upon seven (7) clear days’ notice to all
Committee members of all the matters to be discussed.
5.11.2
At any such Special Committee meeting the business shall be confined to
those items of which notice has been given as aforesaid, unless the Chairperson
otherwise allows.
5.12. The Committee may
appoint sub-committees to which it may, for such time as it
determines, delegate the transaction of such
matters and the performance of such acts
it thinks fit. The Committee shall exercise
supervision over the proceedings and acts of
such sub-committees. Sub-committees shall
report to the Committee as soon as possible
on action taken under such delegated powers.
5.13 The
Committee Secretary shall ensure that minutes are kept of all sub-committee,
Committee and General Meetings.
6. ANNUAL AND SPECIAL
GENERAL MEETINGS.
6.1
The Annual General Meeting shall be held once in each year and, not
later than fifteen
months after the preceding Annual
General Meeting. At least twenty-one day’s notice of
such meeting shall be given in
writing to all members.
6.2
A quorum shall be 20% of the paid-up members. If, at the time that the
meeting is
due to commence no quorum is
present, the meeting shall stand adjourned for one week
at the same time and place, at
which time the members present shall constitute a quorum.
6.3
The business of the Annual
General Meeting shall include:-
6.3.1. Adoption of the Minutes of the previous Annual
General Meeting;
6.3.2. Receiving the Annual Report of the Chairman;
6.3.3. Adoption of the Financial Statements for the
preceding year;
6.3.4. Election of Committee members for the forthcoming
year;
6.3.5 Appointment of Examiner of Accounts, or Honorary
Auditor;
6.3.6. Considering any proposals to amend the Constitution;
6.3.7. Considering any other business as published in the
Agenda;
6.3.8. Considering any other matters raised by Members at
the Meeting.
6.4. A Special General Meeting of the
U3A-George/Wilderness may be convened at any
time by a resolution of the Committee, or
upon a requisition signed by 10% of
the members stating the object of the
meeting.
6.4.1. A meeting held on
such resolution or requisition shall be called by the Secretary, on fourteen
(14) days’ notice.
6.4.2. There shall be a
quorum when 15% of members are present.
6.4.3. If at the time
the meeting is due to commence, no quorum is present, the meeting shall stand
adjourned for one week, at the same time and place, when the members present
shall constitute a quorum.
6.4.4. At any such
special meeting, the business shall be confined to the items specified in the
relevant notice.
6.5. The Chairperson of the
U3A-George/Wilderness shall be the Chairperson of any
Committee or appointed sub-committee
or general meeting. In his/her absence
the Deputy Chairperson shall
preside, and failing such person, the meeting shall elect
a Chairperson who shall preside
for that specific meeting. In the event of an equality
of votes, the Chairperson shall have a second or casting
vote.
7. FINANCE.
7.1. All the income and property of
U3A-George/Wilderness shall be applied solely towards the objects of
U3A-George/Wilderness and 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 remuneration to any employee of
U3A-George/Wilderness. In addition, repayment of reasonable and proper
out-of-pocket expenses to members or Committee members incurred in the work of
the U3A –George/Wilderness may be made.
7.2. A bank account shall be
opened in the name of U3A-George/Wilderness, and withdrawals shall be made on
the signature of two Committee members, one of whom, in addition to the
Treasurer, is an office bearer. 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.
7.3. U3A-George/Wilderness shall
have power to collect and accept donations, and to raise money by bequest or
otherwise. Any money raised and received may be retained by
U3A-George/Wilderness and be used at the discretion of the Committee. No form
of permanent trading shall be undertaken in the raising of funds.
7.4. The financial year of
U3A-George/Wilderness shall end on the last day of December each year, and the
Annual General Meeting shall be convened not more than 3 months later for the
purpose, inter alia, of receiving the annual report and examined accounts.
7.5. All proper costs, charges
and expenses incidental to the management of U3A-George/Wilderness shall be
defrayed from its funds.
7.6. The Treasurer shall keep
accounts of all monies received and expended on behalf of U3A-George/Wilderness
and shall prepare and publish such accounts duly examined for approval 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.
7.7. No Committee member shall be liable or
responsible for loss caused by any thing or act done or omitted to be done by
him/her, or by any agent employed by him/her, or by any other Committee member,
provided that reasonable supervision is exercised over any such agent; or by
reason of any mistake or omission made in good faith by any Committee 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 member
who is sought to be made liable.
8. PROPERTY.
8.1.
Any property of U3A-George/Wilderness
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, in their capacity as representatives of the
entire membership.
8.2.
The Committee shall compile and maintain an Assets Register which shall reflect
the nature of the asset, its value and location
9. POWERS OF THE
COMMITTEE.
All matters not provided for in this
Constitution and not involving an amendment thereto,
shall be dealt with by the
Committee, save that no act carried out by the Committee shall be
in conflict with the spirit and
provisions of this Constitution.
10. AMENDMENT OF THE
CONSTITUTION.
10.1
The provisions of this Constitution other than clauses 2 and 11 may be amended
on the passing of a resolution by a two-thirds majority of members present and
voting at an Annual General Meeting, or Special General Meeting called for that
purpose, after twenty-one (21) clear days notice has been given, stating the
intention to propose such a resolution.
10.2. Any amendment to this Constitution must be
submitted to the Commissioner for the South African Revenue Service.
11. DISSOLUTION.
11.1. U3A-George/Wilderness may at any time be
dissolved by a resolution passed by a three-quarters majority of members
present and voting at any General Meeting of members of which at least
twenty-one (21) days’ notice has been given, stating the intention to put
forward such a resolution.
11.2. On the dissolution of U3A-George/Wilderness,
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 No. 58 0f 1962, as amended, with preference
being given to any other University of the Third Age in South Africa.