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New Heritage Constitution

HERITAGE MOSSEL BAY’ CONSTITUTION

1.0 TITLE:

1.1        The title of the society known as ‘The Mossel Bay Heritage Society’, shall become ‘Heritage Society Mossel  Bay’ (English), or ‘Erfenisvereniging Mosselbaai’ (Afrikaans).

1.2        In usage the Society shall be referred to as ‘Heritage Mossel Bay’ and ‘Erfenis Mosselbaai’ respectively.  (Hereinafter the acronyms HMB (English) and EMB (Afrikaans) or the term ‘The Society’ shall be used).

1.3        The Constitution here drafted in English, shall also be available in Afrikaans. Xhosa language versions shall be made available as required.

1.4        Legal usage of the Constitution shall be in English.

2.0       LEGAL STATUS:

2.1        HMB will (continue to) operate as a society of voluntary members administered and led by an elected Management Committee.

2.2        Professional management and staff may be employed at the discretion of the Committee if required.

2.3        HMB exists in its own right legally separate from its members.

2.4        From 2.2 above, HMB shall be registered as an independent legal entity.

2.5        From 2.3 above, HMB shall be registered as both a Public Benefit Organisation (PBO) and a Non  Profit Organisation. (See the HMB Policies and Procedures in compliance of the respective Acts).

2.6        The financial year period shall be from 1st April to the 31st March of each year.

2.7        The respective addresses for HMB shall be:

  1. Street Address (Domicilium) – 89 Montague Street, Mossel Bay, 6506.
  1. Postal Address (Correspondence) – PO Box 774, Mossel Bay, 6500.
  1. E-mail Address (Correspondence) – This e-mail address is being protected from spambots. You need JavaScript enabled to view it

3.0       OBJECTIVES

3.1        To operate within the spirit and guidelines of Heritage Western Cape (HWC), and the South African Heritage Resources Agency, (SAHRA), as the basis for all planning and action.

3.2        To establish and maintain an effective system of qualification for heritage status for historical buildings, cultural history sites and landscapes, documents, drawings, plans and photographs.

3.3        To promote and foster an awareness within the community of Mossel Bay Municipality and environs,  of the town’s historical and cultural heritage, including, buildings, structures and sites.

3.4        To foster within Mossel Bay local authorities, an acknowledged responsibility and executive action in  the preservation and maintenance of historical and cultural heritage sites and encourage an ‘ethos’  of local history and heritage awareness.

3.5        To identify, record and maintain in archive:

i)          Historic plans, designs and written descriptions of buildings, structures and sites which qualify                          for heritage status.

ii)          Historic aesthetic layouts, (including trees), of historic landscapes that qualify for heritage status.

iii)         A historical photographic archive of heritage buildings, sites, events and personalities.

  1. iv)         Human anecdotal recollection of events.

3.6        To develop effective contact and working relationships with the appropriate officers and authorities in:

i)          Mossel Bay Town Council Municipal Administration.

ii)          Heritage Western Cape.

iii)         Western Cape Provincial Office of the South African Heritage Resources Agency (SAHRA).

iv)         Western Cape Department of Cultural affairs and Sport.

3.7        To foster and stimulate public appreciation of, interest in, and support for the area’s museums.

3.8        To co-operate with other groups and organisations whose objectives are complimentary to those of HMB.

3.9        To raise funds to cover ongoing expenses in the attainment of HMB objectives.

3.10        To plan and execute ongoing Heritage activity programmes including:

  1. Outings to heritage sites.
  1. Participation in Cultural Heritage events.

iii)         Education-linked lectures and presentations on Heritage subjects.

iv)         Public meetings on Heritage issues.

v)         Operation of HMB public and Society Communications via all effective media including print and electronic media.

4.0   MANAGEMENT

 4.1        HMB shall be administered by a Management Committee (referred to as the Committee), consisting  of no fewer than eight (8) members.

4.2        The Committee shall be elected at the Annual General Meeting and shall consist of –

i)          Chairperson

ii)          Vice-chairperson

iii)         Secretary

iv)         Treasurer

v)         Four additional members.

5.0  COMMITTEE RESPONSIBILITIESUnder the leadership of the Chairperson, The Committee shall organise and structure itself to best be able to effectively operate in pursuit of HMB’s objectives


6.0. COMMITTEE AUTHORITYThe Committee has the authority to:

6.1        Raise funds, receive contributions and to manage HMB resources.

6.2        Operate bank accounts in the name of HMB.

6.3        Purchase goods, equipment and services necessary for the management of HMB and the pursuit of  its objectives.

6.4        Approve, reject or terminate individual or corporate membership of HMB as per the Constitution for  Membership in 7.0 below.

6.5        Invite members with special skills to serve on the Committee.

6.6        Invite non-members from organisations and/or institutions with whom HMB has common purpose, to serve on the Committee.

6.7        Appoint Sub-Committees to perform special functions.

6.8        Authorise the reimbursement of expenses incurred by office bearers or members which relate to the  pursuit of HMB objectives.

6.9        The Committee shall not receive any remuneration for the duties and services carried out as members of the Committee.

7.0       MEMBERSHIP

7.1        Membership of HMB shall be open to any individuals, organisations or institutions irrespective of race, colour or creed subject to their:

(i)         Acceptance of, and commitment to, HMB’s aims and objectives.

(ii)         Payment of annual membership fees and/or other amounts due.

7.2        Membership shall consist of the following categories:

(i)         Ordinary members – These shall be individual men and/or women resident in  he proximity of Mossel Bay and who are able to routinely attend HMB meetings and events.

(ii)         Family members – These shall be as per 7.2.(i) but will comprise of couples plus their minor  children.

(iii)        Corporate members – These shall be organisations or institutions existing in the Republic of  South Africa.

(iv)        Country & Overseas members- These shall comprise of those Individuals or Families not  resident in proximity to Mossel Bay, either in South Africa or beyond South Africa’s borders,  who wish to be members and be kept informed about HMB. 

 (v)             Honorary members – Honorary membership may be conferred by the Committee for  exceptional service to the Society.

7.3        Membership shall be applied for by means of a Membership Application Form. The Committee shall  review the application and respond to the applicant within 30 days.

8.1  MEMBERSHIP TERMINATION

8.1        Membership shall be terminated if –

  1. A member tenders a written resignation.

ii)          A member fails to pay his/her/their membership fee or any other dues accrued, and has failed  to respond to two written requests for payment for up to 90 days after due date.

9.0       MEMBERSHIP FEES

9.1        An annual membership fee will be levied.

9.2        The annual membership fee shall be determined by the Committee and shall be announced with the notice for the Annual General Meeting.

9.3        The annual membership fee shall fall due not later than the 31st March.

9.4        A half year membership fee of 50% of the annual fee will apply for new members joining in the second half of the Society’s fiscal year (from 1st September).

9.5        At the discretion of the Committee, members with whom written communication is necessary by means other than by e-mail may be requested to pay a flat rate service fee in lieu of communication costs.

10.0   RIGHTS AND OBLIGATIONS OF MEMBERSHIP

10.1      Members shall pay such membership fees as are announced by the Committee for the different

categories of members.

10.2      Members shall have the right to-

  1. Receive notice of, attend, speak and vote at all HMB General and Annual Meetings.

ii)          Exercise one vote in any election during a meeting called by the Committee, subject  to their not being in arrears in membership fee or any other financial arrears.

iii)         Be able to exercise a vote by proxy. Such proxy votes to be received in writing by the HMB  Secretary prior to the commencement of a meeting.

iv)         Have sight of the HMB Annual Report and Financial Statement.

v)         Put forward ideas, recommendations and/or suggestions for the furtherance of the   Society’s objectives.

vi)         Attend outings, events and/or functions organised by the Society subject to –

  1. The payment of any fees related to such.
  1. The availability of space/facilities/accommodation.

11.0  LIABILITY OF MEMBERS

11.1      The liability of each member shall be limited to his/her/their membership subscription fee and to any  other debt owing by such member to HMB.

12.0   OPERATIONAL POLICIES AND PROCEDURES

12.1      HMB shall create and maintain effective Policies and Procedures by which its core functions shall operate.

13.0  MEETINGS

13.1      MBH shall hold at least two (2) general business meetings per year, one of which is the Annual General Meeting.

14.0  ANNUAL GENERAL MEETING

14.1      An Annual General Meeting shall be held no later than 30th June.

14.2      At the Annual General Meeting, an Annual report and Financial Report shall be presented by the outgoing Committee.

14.3      A new Committee for the ensuing year shall be elected.

14.4      Notice of meetings shall be issued in writing not less than twenty one (21) days prior to the meeting date. The last recorded members’ preferred mailing addresses (postal or e-mail), shall be used.

14.5   Subjects and issues put forward for discussion by members must be received in writing by the Committee not less than fourteen (14) days before a meeting.

15.0  AMENDMENTS TO THE CONSTITUTION

15.1      The Constitution may only be amended by a decision taken at a Special General Meeting or the Annual General Meeting of HMB.

15.2      The wording of proposed amendments must be received by the Committee not less than twenty  twenty eight (28) days prior to the meeting. The Committee shall convey notice of any proposed  amendments to members no less than seven (7) days before the meeting.

15.3      A decision on proposed amendments or restructuring shall be passed by a majority of two thirds of members present.

16.0 QUORUM

16.1      The quorum for a Special or Annual General Meeting shall be twenty five (25) percent of the paid-up members, or twenty (20) members, whichever is the least.

16.2      In the event of a quorum not being present, the Chairperson shall after twenty (20) minutes, adjourn the meeting to a date not later than twenty one (21) days hence. If at the follow up meeting a quorum  is still not present, those members present in person shall form a quorum.

16.3      A quorum for a meeting of the Committee shall be fifty (50) percent of the members of the Committee  plus one (1).

17.0  DISSOLUTION

17.1      HMB may be dissolved if seventy five (75) percent of its members agree to such dissolution at a Special General Meeting. At least twenty one (21) days written notice of meeting must be given.

17.2      Upon dissolution, any remaining HMB assets after the settlement of all of HMB debts, shall be donated to a similar public organisation operating in the area, or to such body/bodies as decided by the HMB Chairperson in the event of the members of HMB being unable to agree upon an appropriate organisation.

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