| (1) |
As set out in section 5(2) of the Act, any reference in any will or deed of donation to “the Association” or “the SPCA” or “a society for the prevention of cruelty to animals” or any abbreviation or translation thereof, which cannot be construed as a reference to a particular society for the prevention of cruelty to animals, shall be deemed to be a reference to the Council. |
| (2) |
If a bequest, inheritance or distribution from a trust upon the death of a person is received by, or accrues to the Council in terms of section 5(2) of the Act, the Council shall, within 30 days thereof, notify all Societies thereof. This notification shall include the last known address of the deceased or deceased donor and the value or estimated value of the benefit or accrual, where this information has been provided to the Council. |
| (3) |
Should any Society receive a bequest, inheritance, or distribution from a trust upon the death of a person, where the Will or Trust instrument does not specifically state the name of their own Society, then the recipient Society shall within 30 (thirty) days of receipt: |
| (a) |
inform the Council in writing; |
| (b) |
make payment of the full amount received to the Council; |
| (c) |
furnish the Council with a copy of the Will or Trust Instrument relating to the amount received and paid over to the Council. |
| (4) |
Any Society wishing to claim this benefit shall lodge a written claim with the Council within 30 days of notification from the Council. This claim shall clearly set out the basis upon which the Society considers that it is entitled to the benefit, and whether in whole or in part. In the event that the Council receives competing claims, then the Council shall in consultation with the disputing parties establish a committee, which shall include a person with legal training. |
| (5) |
A committee established in terms of article 5 (4) shall in its absolute discretion- |
| (a) |
determine to which of the disputing parties, if any, the benefit should be given, and in what proportions or manner; |
| (b) |
determine the procedures to be followed in the hearing and determination of the dispute, and where the hearing(s) should be held, bearing in mind the convenience of all parties to the matter; |
| (c) |
require or permit any Society or party to present documentary or oral evidence; |
| (d) |
appoint any persons(s) to undertake such investigations as they may deem relevant, necessary or appropriate; |
| (e) |
exercise its discretion in good faith towards the interests of the disputing parties, but shall not be arbitrators; |
| (f) |
subsist only until a decision has been reached and all interested parties notified thereof in writing. |
| (6) |
The committee shall, in the absence of evidence of an intention to benefit the Council or a party to the dispute, consider the following factors to be conclusive: |
| (a) |
the donor was a member of a particular Society at the time of his death, and was never a member of any other Society; |
| (b) |
the donor was a member of a particular Society when the will or trust instrument was executed, and was never a member of any other Society, |
| (c) |
the donor was once a member of a particular Society for a significant period, and was never a member of any other Society; |
| (d) |
if the donor, although never a member of any Society, was a regular donor to a particular Society; |
| (e) |
if the donor, although not a member of any Society, participated significantly in the activities of that Society on a regular basis; |
| (f) |
failing the above, if the donor utilised the services of that Society on more than one occasion: |
| (g) |
failing the above, if the donor had at time of making the will or creating the trust instrument had lived within the area for a significant period of time. |
| (7) |
The committee shall, in the absence of evidence of an intention to benefit the Council or a party to the dispute, and in the absence of the evidence referred to in article 5 (6), consider, in its absolute discretion, the following facts sufficient to warrant the benefit being divided between disputing parties: |
| (a) |
the donor was a member of two or more Societies during his life; |
| (b) |
the donor was a regular donor to two or more Societies during his life; |
| (c) |
the donor participated significantly on a regular basis in the activities of two or more Societies during his life; |
| (d) |
if the donor utilised the services of two or more Societies on more than one occasion; |
| (8) |
The committee may, in its absolute discretion, allocate the benefit to the Council where there is no evidence of an intention on the part of the donor to benefit a Society or Societies. |
| (9) |
Any decisions made by a committee established in terms of article 5 (4) shall be final and shall be deemed to constitute a decision by the Board which shall be implemented by the Board. |
| (10) |
All costs and expenses incurred in connection with the establishment, convening and actions of the committee in the fulfilment of its duties shall be paid by the Societies claiming the benefit in such proportions and upon such terms as the committee may determine, which may include the payment of interest at the prevailing legal rate where such costs and expenses are not settled immediately. |
[Clause 5 substituted by section 1 of Constitution of Board Notice 223, GG46000, dated 04 March 2022]
Mandating Procedures of Provinces Act, 2008
