Contents
| 1. |
Name of the association |
| 2. |
Address of the association |
| 3. |
Area of the association |
| 4. |
Application of the Act to this constitution |
| 5. |
Aim of the association |
| 6. |
Duties of the association |
| 10. |
Rights and duties of members |
| 11. |
Termination of membership |
| 12. |
Fees, charges and interest |
| 15. |
The executive committee |
| 19. |
Annual general meeting |
| 20. |
Special general meeting |
| 1. |
Name of the fire protection association |
The name of the association is the ....................................................... fire protection association ("the association"), which falls within the ....................................................................................................... metropolitan municipality/district municipality and the ................................................................................................ local municipality.
| 2. |
Address of the fire protection association |
Physical address: .............................................................................................................
........................................................................................................................................
Postal address: ................................................................................................................
........................................................................................................................................
| 3. |
Area of the fire protection association |
Describe the area of your fire protection association in a way that your members can understand:
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
| 4. |
Application of the Act to this constitution |
This constitution is in accordance with Chapter 2 of the National Veld and Forest Fire Act, 1998 (No. 101 of 1998) ("the Act") and the regulations under it.
| 5. |
Aim of the fire protection association |
The aim of the association is to predict, prevent, manage and extinguish veld fires in its area.
| 6. |
Duties of the association |
The duties of the association are to—
| (a) |
develop and apply a veldfire management strategy for its area; |
| (b) |
provide in the strategy for agreed mechanisms for the co-ordination of actions with adjoining fire protection associations; |
| (c) |
make rules which bind its members; |
| (d) |
identify the ecological conditions that affect the fire danger; |
| (e) |
regularly communicate the fire danger rating referred to in sections 9 and 10 of the Act to its members; |
| (f) |
organise and train its members in fire-fighting, management and prevention; |
| (g) |
inform its members of equipment and technology available for preventing and fighting veldfires; |
| (h) |
provide management services, training and support for communities in their efforts to manage and control veld fires; |
| (i) |
supply the Minister with statistics about veldfires in its area at least once every 12 months. |
| (j) |
give any information requested by the Minister to prepare or maintain the fire danger rating system; |
| (k) |
exercise the powers and perform the duties delegated to it by the Minister; |
| (l) |
appoint a fire protection officer. |
| (1) |
Any owner in the area of the association may at any time become a member, provided he or she undertakes to abide by this constitution and the rules of the fire protection association. |
| (2) |
Every municipality with a fire service and every owner in respect of State land in the area must become a member. |
| (3) |
A member is a person whose name is in the register of members referred to in clause 8(3) of this constitution. |
| (1) |
Every member must give the secretary— |
| (a) |
the name of his, her or its property or properties, and where necessary, a sketch map of the boundaries of the property; |
| (b) |
his or her name, address and if available, telephone number, cell phone number, e-mail address, fax number and radio frequency; and |
| (c) |
the name, address, and if available, telephone number, cell phone number, e-mail address, fax number and radio frequency of his or her agents or representatives. |
| (a) |
change of address or contact details; and |
| (b) |
transfer of property or change in ownership must be communicated to the secretary within a reasonable time. |
| (3) |
The Secretary must keep all the details referred to in sub-paragraphs (1) and (2), and other relevant information, in a register of members. |
At any meeting where voting is required, each member will have one vote.
| 10. |
Rights and duties of members |
A member of the association-
| (a) |
must pay any fees and charges set by the association from time to time; |
| (b) |
is entitled to enjoy all the benefits of membership; |
| (c) |
must comply with the rules of the association; and |
| (d) |
does not have a right to any of the money, property or assets of the association. |
| 11. |
Termination of membership |
| (1) |
A member may terminate his or her membership by written notice to the chairperson, except in the case of municipalities and owners in respect of State land. |
| (2) |
If a member terminates his or her membership, he or she automatically gives up all fees and charges already paid by him or her to the association. |
| (3) |
Membership is automatically terminated if a member does not pay the membership fees, charges or interest within ..... days- |
| (a) |
after the annual general meeting, or |
| (b) |
after these fees, charges or interest are due. |
| (4) |
The association may terminate membership of any member who fails to comply with the rules within a reasonable period of time after receiving a notice of failure to comply with an agreed rectification plan from the fire protection officer, with the exception of municipal owners and owners in respect of State land. |
| 12. |
Fees, charges and interest |
| (1) |
The executive committee may from time to time- |
| (a) |
fix fees for registration and membership and charges for services that are necessary for the proper management of the association; and |
| (b) |
levy interest on unpaid fees and charges that the law allows. |
| (2) |
The fees and charges of the association will be determined by the association in terms of its rules. |
| (3) |
The association may exempt any member from the payment of fees and charges, and accord him or her full membership status. |
| (4) |
Annual membership fees must be paid on or before the ........ day of .............. every year. |
| (5) |
Any increase in registration and membership fees or charges for services must be decided at an annual general meeting; and if not decided at an annual general meeting, by the majority of members present at a general meeting called for that purpose. |
Members are not personally liable for any claims against, debts owed by or omissions to carry out duties of the association, but they do have to pay unpaid fees, charges or interest owed by them in their individual capacities as members.
The Association may acquire and dispose of any asset.
| 15. |
The executive committee |
| (1) |
The executive committee of the association consists of- |
| (c) |
............................................................. and |
| (d) |
an additional member. |
| (2) |
Any member of the association may be elected to the executive committee. |
| (3) |
The chairperson is elected for a period of three years, but may stand for re-election at the end of this period. |
| (4) |
The secretary and other members are elected for a period of three years, but may stand for re-election at the end of this period. |
| (5) |
If any member of the executive committee resigns, dies, becomes incapacitated or disqualified, or is removed from office by a majority vote of the association, his or her position becomes vacant. |
| (6) |
A member of the executive committee becomes disqualified if he or she— |
| (a) |
is declared to be of unsound mind by a court; |
| (b) |
is declared insolvent by a court; |
| (c) |
is convicted of a crime involving dishonesty; or |
| (d) |
has been absent without an apology and a good reason at two consecutive meetings of the executive committee. |
| (7) |
If there is a vacancy in the executive committee, it must be filled by the election or co-option of another member for the remaining period of service. |
| (1) |
The executive committee may employ any person it deems suitable to help the association in carrying out its functions. |
| (2) |
The employment of any person, or any change to the contract of employment of any employee, must be approved by a resolution of the executive committee. |
| (1) |
The fire protection association may raise loans for the funds it needs to carry out any of its functions, |
| (2) |
Whenever the executive committee wishes to raise a loan of more than R................, it must first call a meeting of all its members, subject to at least a period of notice of 21 days in order to obtain their mandate to raise the loan. |
| (3) |
The executive committee cannot raise a loan that will lead to increased registration or membership fees, unless this is approved by a majority of the members at the meeting. |
| (1) |
The financial year of the association runs from the date of its registration to 31 March of the following year, and then from 1 April every year to 31 March of the next year. |
| (2) |
The secretary is responsible for all the financial business of the association and must keep a record of all its business transactions. |
| (3) |
The secretary must present an audited financial statement of the association’s accounts for the previous financial year, including full details of any salary paid to members of the executive Committee and employees of the association every year at the annual general meeting. |
| (4) |
The financial statement must be available for inspection at reasonable times by any member for a period of .......... weeks from the date of the annual general meeting. |
| 19. |
Annual general meeting |
| (1) |
An annual general meeting must be called by the executive committee— |
| (a) |
within 60 days of the end of the financial year; and |
| (b) |
on 21 days’ notice to all members. |
| (2) |
In addition to any other business, the annual general meeting must deal with— |
| (a) |
the chairperson’s annual report on the general affairs of the association; |
| (c) |
the audited financial statements of the association; and the introduction and approval of any increase in fees, charges or |
| (3) |
A quorum for the annual general meeting will be ....... % of the total number of all members of the association. |
| (4) |
If there is no quorum, members must be given notice that the meeting is adjourned for at least seven days. |
| (5) |
lf there is no quorum at the next meeting, the members present form a quorum. |
| (6) |
Only those members whose registration and membership fees are fully paid up have a right to vote. |
| 20. |
Special general meeting |
| (1) |
The executive committee may convene a special general meeting at any time on 14 (fourteen) days notice. |
| (2) |
A special general meeting must be convened by the executive committee if- |
| (a) |
...... % of paid-up members request this meeting in writing and identify the issues to be dealt with, and |
| (b) |
the requested meeting is to be held at least 60 (sixty) days before an annual general meeting. |
| (3) |
A quorum will be ....... % of all members of the association. |
| (4) |
If there is no quorum at a special general meeting, the meeting must be closed, and the agenda for discussion will be deferred to the next annual general meeting. |
| (1) |
In the case of a dispute between members, members must negotiate to resolve the dispute. |
| (2) |
If such negotiations fail, any member may approach the executive committee, which must appoint an arbitrator whose decision will be final. |
| (1) |
The association may be dissolved— |
| (a) |
by a resolution passed at an annual general meeting or a special general meeting called for that purpose and by its deregistration by the Minister in terms of section 8 of the Act; or |
| (b) |
by its deregistration by the Minister in terms of section 8 of the Act. |
| (2) |
The resolution to dissolve the association must be passed by a two-thirds majority of members present who constitute a quorum. |
| (3) |
After confirmation of the dissolution and at that meeting, the members must pass a resolution for the appointment of a liquidator to dispose of the association’s assets, pay its debts, and settle all its liabilities. |
Mandating Procedures of Provinces Act, 2008
