Foundation’s Constitution

Constitution Of The Cape Town Branch Of The Simon van der Stel Foundation

Railway Station Adderley St (demolished)

Preamble

The CAPE TOWN BRANCH of the SIMON VAN DER STEL FOUNDATION subscribes to the policy laid down from time to time by the SIMON VAN DER STEL FOUNDATION (hereinafter referred to as the FOUNDATION) in general and to the following in particular:

  • To the conservation and restoration of the cultural environment of buildings and objects which are of cultural and historical value;
  • To the education of the public and the creation of public awareness of these objectives;
  • To the unequivocal declaration that all cultural heritages are to be treated with equal respect in their promotion, stimulation and preservation;
  • To win the hearts, minds and material support of individuals and organisations for the conservation, restoration, study and wise use of South Africa’s cultural heritage.

Name

The name of the Branch shall be The Cape Town Branch of the Simon van der Stel Foundation (hereinafter referred to as the BRANCH). The name of the branch in Afrikaans shall be “Die Kaapstadse Tak van die Stigting Simon van der Stel”.

Address

The postal and street addresses of the Branch shall be determined by the Committee from time to time.

Area

The area of interest and jurisdiction of the Branch shall be the geographical region comprising the municipal areas of:
Bellville, Brackenfell, Cape Town, Durbanville, Fish Hoek, Goodwood, Kraaifontein, Kuilsrivier, Milnerton, Parow, Pinelands, Simon’s Town.

Objectives

The Branch is committed to:

  • The conservation and restoration of the cultural environment,
  • The education of the public and the creation of public awareness of these needs;
  • Interest individuals and organisations in the conservation, restoration, study and wise use of South Africa’s cultural heritage, and to gain their material support.

Membership

Membership shall be extended to all paid up members of the Foundation residing in the area of the Branch.

Subcriptions

Subscriptions payable by members shall be as prescribed by the Foundation for the various classes of membership determined by the Foundation. In order to meet day to day administration expenses and to fund its work, the Branch will retain such percentage of this subscription income as will be agreed to from time to time between the Branch and the Foundation.

Donations

The Branch shall have the right to solicit or to receive donations in order to provide a reserve for the financing of objectives that require larger sums of money than are normally available. Such donations shall be transferred to a special reserve fund with the Foundation, to be used exclusively for projects in the area of the Branch

Committees And Sub-Committees

  • The Branch Committee shall consist of not less than 8 (eight) members elected at the Annual General Meeting (AGM). Members elected to the Branch Committee shall serve for a period of one year and will be eligible for re-election the following year.
  • Within thirty (30) days of their election the Branch Committee shall meet to elect a chairman, Vice-chairman, Secretary and Treasurer, such meeting to be convened by the outgoing Chairman. Although elected annually, no Chairman shall hold office for a period exceeding two years, and shall again be eligible for election as Chairman after the lapse of one year.
  • Written nominations for members to serve on the Branch Committee shall be submitted to the Secretary at least seven days before the AGM, and shall be signed by the nominee to signify his willingness to serve on the Branch Committee.
  • The Branch Committee shall have the power to co-opt members to fill vacancies which may occur between AGM’s and shall also have the power to co-opt additional members. Co-opted members shall not have full voting rights and their term of office shall expire at the next AGM.
  • The Branch Committee may, at its discretion, each year invite municipalities, societies and organisations with similar objectives, domiciled within the area of the Branch to nominate one representative each to serve on the Branch Committee. Such representatives will have the right to address meetings but shall not count for the quorum and shall not have voting rights. Nominated members shall serve until the next AGM but may be re-nominated by the invited organisation without restriction.
  • The Branch Committee shall have the power to establish standing and special sub-committees and to co-opt members to serve on such sub-committees. A majority of the sub-committee shall form the quorum for the sub-committee. Members of the sub-committee shall hold office until the next AGM. The Chairman of the Branch shall be an ex-officio member of all sub-committees.

Annual General Meetings Of The Branch (AGM)

  • The AGM of members of the Branch shall be held each year at least two months before the National AGM of the Foundation.
  • At least one month’s written notice of AGMs shall be given to members in writing. Such notice shall be accompanied by an agenda for the meeting and a proxy form. The agenda will detail any resolutions which may be put to the meeting for a vote. Proxies must reach the Secretary at least 24 hours before the meeting and shall count towards the quorum. Twenty-five (25) members shall for a quorum.
  • Should a quorum not be present at any General or Special Meeting, the meeting shall be adjourned to a date decided upon by those present, which date shall not be less than seven (7) days or more than fourteen days (14) after the date of the adjourned meeting. Notice of such adjournment must be given to members in writing. The number of members present at the resumed meeting shall constitute a quorum.
Rogge Bay (before reclamation of the sea)
  • The agenda for the AGM shall include:
    • The minutes of the previous AGM.
    • The Chairman’s report.
    • The Treasurer’s report and the audited accounts.
    • The appointment of auditors for the coming year.
  • Any matter related to the promotion of the aims and objects of the Branch may also be discussed but no decision may be taken on a matter not included in the agenda.
Flower sellers, Adderley St

Special General Meetings

  • Special General Meetings can be called by the Branch Committee or by written request to the committee signed by twenty five members of good standing.
  • The same rule applying to AGMs shall apply to Special General Meetings.

Committee Meetings

  • The general activities of the Branch shall be organised and controlled by the Branch Committee. Meetings shall be convened by the Chairman as required, but at least every four months.
  • Notice of Committee Meetings, the times, dates and places together with an agenda and the minutes of the previous committee meetings shall be submitted to committee members by the Secretary at least seven days before the dated fixed for the next meeting.
  • The necessity of giving such notice may be waived provided that at least two-thirds of the elected members of the Committee are in favour of such waiver.
  • A majority of the elected members shall for a quorum.

Minutes

Proper minutes in permanent form shall be kept or all meetings.

Financial Year

The financial year of the Branch shall be the same as that of the Foundation in compliance with article 12.8 of the Memorandum of Association of the Foundation, unless the National Council of the Foundation agrees to a different date.

Rogge Bay: Flat Iron Building on left, Garlicks on right (both demolished)

Changes In The Constitution

Resolutions involving constitutional changes (in compliance with Article 12 of the Memorandum of Association of the Foundation) must be received in writing by the Secretary not less than forty five days prior to the AGM and must be included in the agenda accompanying the notice of the AGM. Adoption of such resolutions shall require the majority of two-thirds of the members present at the meeting.

Tie Of Votes

In the event of a tie of votes at any meeting, the Chairman of the meeting may exercise a casting vote in addition to his usual deliberative vote.

Representation On The Regional Committee Of The Foundation

In geographical areas where the National Council has established a Regional Committee, Branches are entitled to nominate two representatives to this Regional Committee.

Any Branch Committee Member shall be eligible for nomination as Branch Committee Representative on its Regional Committee. Such nominees shall be elected annually by the Branch Committee at least thirty days before the date fixed for the National Annual General Meeting of the Foundation. If more than two members are proposed, decision shall be effected by ballot. The terms of office for such nominees shall not exceed three successive years.

Representation On The Nation Council Of The Foundation

The Branch Committee shall nominate a representative on the National Council of the Foundation.

Any Branch Committee Member shall be eligible for nomination as a Branch Committee Representative on the National Council. Such nominee(s) shall be elected annually by the Branch Committee at least thirty days before the date fixed for the National Council Annual General Meeting. If more than one member is proposed, decision shall be effected by ballot. The terms of office for such nominees shall not exceed three successive years. The Branch Committee shall have the right to appoint an alternate nominee to the National Council to substitute for the elected member should this be necessary.

Adderley St

Dissolution Of The Branch

On its dissolution the assets of the Branch shall be taken into possession by a liquidator, appointed by a Special General Meeting of the Branch, who shall discharge all liabilities incurred by the Branch and shall transfer all assets remaining thereafter to a company, society or association with objectives similar to those of the Branch.