| (2) |
An association shall qualify for registration if— |
| (b) |
the association has as its main object the holding of property in common; |
| (c) |
the constitution adopted by it complies with the principles set out in section 9; |
| (d) |
the constitution adopted by it deals with the matters referred to in the Schedule; |
| (e) |
the meeting or meetings referred to in section 7 were attended by a substantial number of the members of the community; and the resolution to adopt the draft constitution was supported by the majority of the members of the community present or represented at the meeting or meetings: |
Provided that the Director-General may cause an association to be registered if he or she is satisfied that—
| (i) |
there has been substantial compliance with the provisions of paragraphs (a) to (f) of this subsection; |
| (ii) |
the constitution reflects the view of the majority of the members of the association; and |
| (iii) |
the constitution has been adopted through a process which was substantially fair and inclusive. |
(3)
| (a) |
If the Director-General is satisfied that the association qualifies for registration he or she shall refer the application, constitution and his or her own written consent, to the Registration Officer, who shall register the association in the prescribed manner, allocate a registration number, and issue a certificate of registration. |
| (b) |
The Registration Officer shall keep a register of registered provisional associations, associations and similar entities to which the provisions of this Act have been made applicable in terms of section 2(3). |
| (c) |
On request and on payment of the prescribed fee the Registration Officer shall provide members of the public with information contained in the register and with a copy of the constitution of any registered association or similar entity. |
| (4) |
If the Director-General is not satisfied that the association qualifies for registration he or she shall notify the community of the steps to be taken to procure the registration of the association. |
| (5) |
The Director-General may assist a community to deal with any issue which is to be addressed in order to procure the registration of the association. |
| (6) |
Upon the registration of an association— |
| (a) |
the association shall be established as a juristic person, with the capacity to sue and be sued; |
| (b) |
the association may acquire rights and incur obligations in its own name in accordance with its constitution; |
| (c) |
the association may, subject to the provisions of its constitution— |
| (i) |
acquire and dispose of immovable property and real rights therein; and |
| (ii) |
encumber such immovable property or real rights by mortgage, servitude, or lease or in any other manner; |
| (d) |
the association shall have perpetual succession regardless of changes in its membership; |
| (e) |
the constitution shall be a legally binding agreement between the association and its members and shall be deemed to be a matter of public knowledge; and |
| (f) |
in the case of an application by a provisional association, the provisional association shall be deregistered and its assets transferred to the association. |
| (7) |
A person appointed to a committee of an association shall stand in a fiduciary relationship to the members of the association. |
| (8) |
The Minister may, on application made to him or her in the prescribed manner, determine, on such conditions as he or she may lay down, that the laws governing the establishment of townships and, in the case of agricultural land as defined in the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970), the provisions of that Act, shall not apply in respect of land registered in the name of an association. |
| (9) |
An association registered under this Act shall reflect on all correspondence and contracts the fact that it is so registered, and its registration number. |
| (10) |
No amendment of a constitution of an association registered under this Act shall be valid or binding until it has been accepted by the Director-General in writing and lodged with the Registration Officer. |
| (11) |
The provisions of sections 6 and 7 and subsections (1) to (5) of this section, shall apply mutatis mutandis with regard to any proposed amendment of the constitution of an association registered under this Act: Provided that the Director-General shall waive compliance with the provisions of section 7 if he or she is satisfied that the amendment was adopted in terms of the constitution, that the nature of the amendment is such that compliance with those provisions is not necessary, and that the amendment does not have a material adverse effect on the rights of members. |
Contingency Fees Act, 1997
