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Communal Property Associations Act, 1996 (Act No. 28 of 1996)

Regulations

Regulations in terms of the Communal Property Associations Act

5. Adoption of constitution

 

(1) The notice by a community to the Director-General of its intention to adopt a constitution must be in writing and be accompanied by the proposed constitution and information demonstrating that the community is a community which is contemplated in section 2. The notice may make proposals as to how a meeting or meetings should be convened for the adoption of the constitution.

 

(2) After consideration of the proposed constitution the Director-General must determine—
(i) the date/s and time/s of the meeting/s at which a constitution is to be proposed for adoption;
(ii) the method/s to be used for giving notice to the members of the community concerned of such meeting/s;
(iii) the venue for the meeting/s; and
(iv) the agenda for and the procedure (including the voting procedure) to be followed at such meeting,

after consultation with the committee or representative of the community and having regard to the particular circumstances of the community.

 

(3) The Director-General may determine that a notice of a meeting must be given using one or more methods and may stipulate any lawful method that he/she considers may be effective under the circumstances.

 

(4) When the Director-General appoints an authorised officer referred to in section 7(2) he/she must notify the community of such officer's name and address.

 

(5) The community concerned must by no later that [sic] seven days before the applicable meeting provide the authorised officer with—
(a) a list of the names and where readily available the identity numbers of all members of the community: Provided that where it is not reasonably possible to provide the names of all the members, the community shall provide the principles and procedures to be applied in determining membership of the community; and
(b) proof to the authorised officer's reasonable satisfaction that the notice/s of the applicable meeting have been given as determined by the Director-General.

 

(6) The authorised officer's report to the Director-General must include—
(a) the information and documents referred to in subregulation (5); and
(b) a copy of the minutes of the meeting including the community's resolution and, if the constitution was adopted at the meeting, a copy of such constitution.