Be part of the solution and become proactive by joining!
It is common cause that we get extremely excited about unity and forming a common front when the chips are down.
Cast your minds back to the consumer boycott of the early 90’s, the water crisis of 2006 and more recently the rates debacle.
It is in times like these that we realize how poorly organised “organised” business is and how little we can do on our own to prevent these things from affecting our business’s and lively hoods.
It is reasonable to assume that we are always going to face challenges in the running and development of our town and that business interests are not always going to be taken into consideration when dealing with these issues.
It is also historically correct to say that we always revert to “we should have mentality” way after the horse has bolted and the small problem has become an insurmountable one.
We are fortunate that the general consensus amoungst business owners is of support of our Association but there are understandably those who say, “Chambers in other towns are much cheaper” and “R300 per month is too much” or “But what’s in it for me?”.
In answer to the first two questions;
1. We need to remember that we are a new Chamber with a dedicated committee who are taking time out of their own business’s to look after the interests of yours. To get started there are huge expenses and obstacles to overcome. It is great to have your encouragement and verbal support, however without the financial support, this effort will once again fail and we as a business community will never again be taken seriously in this town.
2. Our numbers are low, we are not a Pietermaritzburg, Durban or East London who can draw on the contributions of thousands of members to support the office and the committee. Our expenses remain much the same as a bigger town but our numbers range from the upper tens to the several hundreds and resultantly our subs need to be higher. But seriously, put the number into perspective for a little. What does R300 buy your business these days? A business lunch for two, a small cell phone contract, half a tank of fuel, one corporate shirt, a call out for an IT specialist, a very little bit of electricity, a round of drinks for your mates on a night out?? Really not too much when you think about it, is it ...?
I think the last, and probably most important question's answer is that although we cannot pretend to be able to resolve all your problems, we can certainly make every attempt to raise them with the authorities as business concerns with a far greater possibility of having them resolved.
Ultimately, we can only make a difference in our community, if we are willing to take hands and become part of the solution.
The Chamber is committed to represent all business stake holders in our greater community and will encourage membership and representation regardless of race, political affiliation, religion or association.
The Chamber is dedicated to forming positive relationships with and to work together with governmental and non-governmental role players to overcome common challenges faced by our local Business Community.
Our objective is to build a strong organisation that is heard at all levels of local government and which has the financial clout to promote the common agenda of local business.
We believe the Chamber must be run on the same principals as a successful business and advocate the employment of a competent administrator who reports to the executive committee.
We advocate getting the maximum “Bang for our Buck” and will ensure that all expenses are scrutinised to the last cent.
A good succession plan for the executive committee will form a cornerstone of the success of the Chamber going into the future.
We believe strongly in negotiation over intervention but are committed to pursue these ends through whatever means are necessary.
In particular we would like to work together with our local authority to address the following broad issues:
1. Show active support for the Municipal Manager
2. Attracting business and development to our town
3. The interests of the collective business community and individual businesses
4. Use of local suppliers and service providers by the local authority
5. The capacity to accommodate new business/development/expansion
6. Water crisis
7. Rates and valuation roll crisis
8. Roads, refuse disposal & other infrastructure
9. Cleanliness of our town
10. Accessibility, efficiency and accountability of all Municipal staff in all departments Municipal budgets and accounting.
| 1. NAME AND GENERAL PROVISION |
1.1 Name
The name of the organisation shall be the KOKSTAD CHAMBER OF COMMERCE AND INDUSTRY (hereinafter referred to as “the Chamber of Commerce”).
1.2 Definitions
1.2.1 “Kokstad” means the business areas of the Greater Kokstad Municipality.
1.2.2 “In writing” means written, typewritten or printed or reproduced by any electronic means or system.
1.2.3 Words importing the masculine gender include the feminine gender.
1.2.4 Words importing persons include corporations, companies and firms.
1.2.5 “Administrator” shall be the Manager, Secretary or Executive Officer appointed by the Executive Committee.
1.3 Language
The business of the Chamber of Commerce shall be conducted in the English language.
1.4 Area of Operation
The area of operation shall be the officially demarcated area of Kokstad and such other areas as may be decided by the Chamber of Commerce from time to time.
1.5 Office
The office of the Chamber of Commerce shall be situated in Kokstad.
1.6 Non-Profit Body
The Chamber of Commerce shall be a non-profit body. Its income and property shall be applied solely towards promoting and attainment of the objects of the Chamber of Commerce. All payments made on behalf of the Chamber of Commerce shall be as determined and approved by the Executive Committee of the Chamber of Commerce, and may include the remuneration to any officer or employee of the Chamber of Commerce, or to any member or person in return for any services actually rendered to the Chamber of Commerce.
1.7 Affiliation
The Chamber of Commerce may be affiliated to any other organisation that can assist in the promotion or achievement of its aims and objects. |
| 2. AIMS AND OBJECTIVES |
The objects and purpose of the Chamber of Commerce shall be to act on behalf of its members in all matters affecting their business environment and related interests, including but not limited to the by laws, as well as re-enforcing the Constitution of South Africa. These shall include, but not be limited to:
a. Promotion of an environment conducive to attracting investment and development into our town
b. Establishment of good working relationships with local councils, governmental and non-governmental organizations
c. Furthering the continuity and strength of a non racial Chamber of Commerce with no political affiliations |
| 3. LEGAL STATUS |
| The Chamber of Commerce shall be a juristic body having power and authority to engage in or respond to legal action. |
| 4. MEMBERSHIP |
4.1 Eligibility
All persons, legal persona, bodies corporate, companies and firms directly engaged in commerce and industry, agriculture, professions or kindred activities shall be eligible for membership.
4.2 Classes of Membership
4.2.1 Ordinary Members - shall be those persons eligible in terms of clause 4.1 whose applications for membership have been duly approved by the Executive Committee of the Chamber of Commerce, and shall have full voting power.
4.2.2 Associate Members - shall be persons having such special qualifications or who represent a body or organisation, that are of special importance or able to provide significant or material assistance, and whose applications are approved by the Executive Committee for the active participation in specific interests of the Chamber of Commerce, but shall have no voting power nor be required to pay membership fees.
4.2.3 Honorary Members - Honorary members shall be elected by the Chamber of Commerce, on the recommendation of the Executive Committee, in recognition of outstanding and/or noteworthy service or assistance given to the Chamber of Commerce. Such members shall have no voting power and shall not be required to pay membership fees. Such honorary membership shall be subject to review.
4.2.4 Honorary Life Members - Honorary Life Membership may be conferred by a general meeting of the Chamber of Commerce, upon the recommendation of the Executive Committee, on persons who have rendered special and/or valuable service to the Chamber of Commerce. The recipient shall be entitled to the same privileges as ordinary members but shall not be required to pay membership fees.
4.3 Application for Membership
An application for membership shall be made on the form prescribed by the Chamber of Commerce, duly completed, and forwarded together with the appropriate fee/fees to the Administrator of the Chamber of Commerce for consideration at the next meeting of the Executive Committee.
4.4 Election of Members
4.4.1 All applications for membership shall be decided by the Executive Committee according to the procedure which it deems appropriate. Applications may be rejected and the applicant notified in writing without assigning any reason therefor. Renewal of such application may be made after the expiry of 6 (six) months reckoned from the date of the decision of the Executive Committee.
4.4.2 A copy of the constitution, as amended from time to time, shall be supplied to each member and to an intending applicant for membership if requested.
4.4.3 The Chamber of Commerce shall issue to each Ordinary, Associate, Honorary and Honorary Life Member, a certificate of Membership which shall remain the property of the Chamber of Commerce, and shall be returned to it to effect cessation of membership.
4.5 Representation of Members
4.5.1 The person nominated to represent an Ordinary member shall have full authority to act and vote in all matters dealt with by the Chamber of Commerce.
4.5.2 A nominated alternate shall be entitled to full authority of the representative.
4.6 Non-transferability of Membership
The rights and privileges of membership shall not be transferable.
4.7 Resignation
Notice of resignation shall be given in writing to the Administrator and shall be accompanied by the payment of all fees and/or monies owing to the Chamber of Commerce and by the return to the Chamber of Commerce of the Certificate of Membership.
4.8 Expulsion of Members
The Executive Committee shall be empowered to terminate membership and shall give one month’s written notice of intention to do so. An appeal against the decision may be lodged within the period of notice, shall be considered by the Executive Committee and, if deemed appropriate, decided by a general meeting of ordinary members. This is applicable to members of the Executive Committee as well.
4.9 Insolvency
The insolvency or liquidation of a member shall, ipso facto, cease membership. Rehabilitation or re-instatement shall constitute eligibility to re-apply for membership. |
| 5. EXECUTIVE COMMITTEE |
5.1 Composition
The Executive Committee shall consist of the Chairman, Vice-Chairman, a maximum of 7 (seven) members, Past Chairmen (as ex officio members).
5.2 Nominations
5.2.1 The Administrator shall, in writing, with the notice calling the Annual General Meeting, invite written nominations for membership of the Executive Committee.
5.2.2 The nomination shall be done on the prescribe form signed by the nominee, proposer and seconder. The nomination shall reach the Administrator not less than 7 (seven) days prior to the date of the Annual General Meeting.
5.2.3 The Administrator shall verify that such nominations comply with clauses 4.5, 5.3.3, 5.3.4 and compile a list of nominees which shall be published at the Annual General Meeting.
5.2.4 At the Annual General Meeting of the Chamber of Commerce, a Chairman, Vice Chairman and no less than 3 (three) and no more than 7 (seven) Members (where applicable) shall be elected on nomination duly seconded and voted upon.
5.2.5 Should the written nominations not satisfy the number of vacancies, nominations from the floor maybe made at the Annual General Meeting, subject to the nominee being personally present or having given written consent and being eligible in terms of the constitution.
5.3 Elections
5.3.1 The Executive Committee shall be elected at the Annual General Meeting by ballot should nominations exceed the number of vacancies.
5.3.2 A majority vote of the members entitled to vote and present at the meeting shall be required for election.
5.3.3 A member shall be eligible for election as Chairman, if he has served for at least one year on the immediately outgoing Executive Committee and has served as a Vice-Chairman for at least 1 (one) year, or served as a member of the Executive Committee for 2 (two) years. A Past Chairman shall be eligible for re-election as Chairman subject to the conditions in 5.5.2.
5.3.4 A minimum of 1 (one) year’s service on the Executive Committee constitutes eligibility for election as Vice-Chairman.
5.4 Co-options
The Executive Committee may co-opt members in order to fill vacancies until the next Annual General Meeting. The co-opted members shall have the same powers as those of the elected members for the duration of their term of office. They may be nominated and stand for election at the next Annual General Meeting.
5.5 Term of Office
5.5.1 The Executive Committee excluding the Chairman, subject to Clauses 5.5.2 and 5.6.2, shall hold office for 2 (two) years and shall be available for re-election.
5.5.2 The Chairman shall hold office for 1 (one) year, and shall be eligible for re-election, subject to his total term of office not exceeding 2 (two) consecutive years.
5.5.3 Failure to attend at least 6 (six) meetings of the Executive Committee during a member’s term of office, cancels his eligibility for re-election to the Committee.
5.6 Vacancies
5.6.1 A vacancy in the office of Chairman shall be filled by the Vice-Chairman, whose office shall be filled by the Treasurer, whose office shall become vacant.
5.6.2 Should a member be absent from 3 (three) consecutive ordinary meetings of the Executive Committee, without leave from the Chairman, he shall be deemed to have vacated his office.
5.7 Duties and Powers of the Executive Committee
The Executive Committee shall be empowered to:-
5.7.1 control the business of the Chamber of Commerce between general meetings;
5.7.2 appoint delegates to attend congresses, meetings, conduct interviews, accompany deputations and to pay the expenses incurred;
5.7.3 engage and dismiss staff to perform the work of the Chamber of Commerce and to arrange their remuneration;
5.7.4 obtain professional advice and service when necessary;
5.7.5 arrange accommodation for the Chamber of Commerce, provide all facilities for effective and efficient administration of its business;
5.7.6 make and enforce rules and resolutions consistent with and supportive of this constitution;
5.7.7 appoint sub-committees of the Executive Committee, or committees of members of the Chamber of Commerce and/or persons specially qualified to deal with the business of the Chamber of Commerce and to receive and implement the reports and/or recommendations of such committees;
5.7.8 suspend any member from membership of the Chamber of Commerce, or from appointed committees, pending a decision by a two-thirds vote of an extra-ordinary general meeting, duly convened, being in possession of all information regarding the cause of the suspension;
5.7.9 legitimately acquire and to dispose of moveable or immovable property on behalf of the Chamber of Commerce;
5.7.10 institute legal proceedings and defend the Chamber of Commerce Executive Members or Office Bearers against legal action;
5.7.11 keep members informed of developments in the Chamber of Commerce and in respect of important news items;
5.7.12 arrange and operate banking, investment and related facilities;
5.7.13 arrange insurance cover of Chamber of Commerce property and activities;
5.7.14 approve all financial transactions and shall be empowered to delegate financial authority when necessary.
5.7.15 Draft, comment on and make recommendations regarding Municipal By Laws. |
| 6. DUTIES AND POWERS OF EXECUTIVE COMMITTEE MEMBERS |
6.1 Duties and Powers of Chairman
6.1.1 The Chairman shall preside at all meetings at which he is present.
6.1.2 The Chairman shall have a deliberative and casting vote at all General and Executive Committee meetings.
6.2 Duties and Powers of Vice Chairman
6.2.1 The First Vice-Chairman shall exercise the powers and perform the duties of the Chairman in his absence.
6.2.2 In the absence of the Chairman and First Vice-Chairman, the Second Vice-Chairman shall perform the duties of the Chairman.
6.3 Duties of the Administrator
6.3.1 The Administrator shall administer all matters relative to the normal activities of the Chamber of Commerce and perform such other duties as may be prescribed by the Executive Committee from time to time.
6.3.2 The Administrator may resign on giving 1 (one) calendar month’s written notice to the Chairman and his services may be terminated by 1 (one) calendar month’s written notice given by the Chairman.
6.3.3 The Administrator may be dismissed summarily by written notice given by the Executive Committee for serious neglect of duty or for misconduct. |
| 7. MEETINGS |
7.1 General Meetings
General Meetings of the Chamber of Commerce may be held at the discretion of the Executive Committee but shall not be less than 2 (two) in any 1 (one) year and shall require 14 (fourteen) days written notice.
7.2 Extra-ordinary General Meetings
Extra-ordinary General Meetings shall be convened by the Administrator as directed by the Chairman or the Executive Committee or at the written request of not less that 10 (ten) ordinary members of the Chamber of Commerce, in good standing. Not less than 7 (seven) days notice shall be given in writing stating clearly the purpose for which the meeting is being convened.
7.3 Annual General Meeting
7.3.1 The Annual General Meeting of the Chamber of Commerce shall be held within 3 (three) calendar months from the end of the financial year of the Chamber of Commerce. 21 (Twenty One) days written notice shall be given and shall include the following:-
a copy of the Annual Report of the Executive Committee; details of the nominees for the vacancies on the Executive Committee; any proposals concerning the business of the Annual General Meeting,
7.3.2. The following business shall be transacted at the Annual General Meeting:-
receive and adopt the Annual Report of the Executive Committee; receive and approve the audited Annual Financial Statements of the Chamber of Commerce together with the report of the Auditors thereon; elect members of the Executive Committee; approve the audit fee for the past year, and appoint Auditors for the ensuing year; consider and elect honorary and associate members.
7.3.3 It shall not be the purpose of the Annual General Meeting to consider the business of a General Meeting. Any outstanding business held over from the last General Meeting which is considered to be urgent may be considered at a meeting convened immediately after the closure of the Annual General Meeting, or at a General Meeting convened in terms of the constitution.
7.4 Notice of Motion
Any member in good standing may submit a detailed motion for the consideration of the Executive Committee or a General Meeting of the Chamber of Commerce, at least 21 (twenty one) days prior to the date of such meeting. Notice shall be given by the Administrator in terms of Clause 7.1 and/or 7.2 on the directive of the Chairman or the Executive Committee.
7.5 Executive Committee Meetings
7.5.1 Ordinary meetings of the Executive Committee shall be held at least once in every 2 (two) months of which 7 (seven) days written notice shall be given.
7.5.2 A Special Meeting of the Executive Committee shall be convened by the Administrator, on instruction of the Chairman, if requested by any 3 (three) members of the Committee in good standing. Notice to be given shall be in accordance with the directive of the Chairman.
7.5.3 In case of emergency special Executive Committee Meetings may be called by the Chairman pre-emptorily. |
| 8. QUORUMS |
8.1 Executive Committee
Five elected or co-opted members shall constitute a quorum subject to the creation and amendment of any By Laws, two-thirds majority is required.
8.2 General Meetings
A quorum at a General, Extraordinary General or Annual General Meeting shall consist of at least 7 (seven) members in good standing and entitled to vote. Should there be no quorum present within 30 (thirty) minutes of the time appointed for the meeting, the meeting shall stand adjourned to the same time on the same day of the following week, except when such a day falls on a public holiday in which case it shall stand adjourned to the next following day not being a public holiday. At the adjourned meeting the members present shall be a quorum. |
| 9. PROXIES |
| Provision shall be made for written proxies. |
| 10. FINANCE |
10.1 Financial Year
The financial year of the Chamber of Commerce shall commence on the 1st (first) day of August and terminate on the 31st (thirty first) day of July.
10.2 Subscriptions
10.2.1 Membership subscriptions shall be determined by the Executive Committee.
10.2.2 In the event of the subscription of any member being in arrears for a period of 30 (thirty) days, he shall, at the discretion of the Executive Committee, be suspended from voting at all meetings pending payment in full of the fees due.
10.2.3 Should membership subscription be outstanding for more than 60 (sixty) days, the Executive Committee shall determine the action to be taken by the Chamber of Commerce.
10.3 Additional Funds
The Chamber of Commerce shall be empowered to collect from each Ordinary Member in any 1 (one) year an amount, in addition to but not exceeding the annual membership subscription for that year, to defray the cost of any special undertaking as decided by a General Meeting of members.
10.4 Banking
All banking of the Chamber of Commerce’s monies shall be effected by the Administrator within 3 (three) days of receipt thereof and the operation of the account, with a recognised financial institution, shall be upon any 2 (two) signatures of the following persons:-
The Chairman, a Vice-Chairman, a nominated member of the Executive Committee and the Administrator for the time being.
10.5 Financial Records
The books of the Chamber of Commerce, together with all other deeds and documents, shall be kept at the office of the Chamber of Commerce except when required for audit or other official purposes
10.6 Audit
10.6.1 A balance sheet and a statement of income and expenditure in respect of each year ending 31st (thirty first) July shall be audited by a Chartered Accountant in private practice, appointed by a General Meeting.
10.6.2. Copies of the Audited Balance Sheet and Income and Expenditure Account and a copy of the Auditor’s report shall be available at the office of the Chamber of Commerce for perusal by members prior to the Annual General Meeting.
10.7 Assets
All property, movable and immovable assets and effects of the Chamber of Commerce shall be deemed for all purposes to be vested in the Executive Committee for the time being, in trust for the Chamber of Commerce, and shall be dealt with by them as the Chamber of Commerce may, in terms of the Constitution, determine by resolution.
10.8 Liability of Members
The liability of an individual member for the debts of the Chamber of Commerce shall be limited to the amount, if any, of his unpaid subscriptions and any other amount owing to the Chamber of Commerce. |
| 11. VOTING RIGHTS |
11.1 All matters on which a vote is taken shall be on a show of hands except as otherwise provided for in this Constitution, or unless a ballot is demanded by any member. On such proposal, a ballot shall be held without discussion or debate.
11.2 All elected members in good standing at the time of the meeting shall be entitled to vote.
11.3 Ordinary membership shall be entitled to 1 (one) vote by a representative duly nominated by such Member in writing.
11.4 In the case of an equality of voting at a General, Extraordinary General or Annual General or an Executive Committee Meeting, the Chairman of the meeting shall be entitled to a second or casting vote. Except in case of elections, a re-election shall immediately take place. Ex officio members shall not have voting rights at Executive Committee meetings. |
| 12. RESCINDING OF RESOLUTIONS |
12.1 A resolution of a General Meeting shall not be rescinded except by a subsequent General Meeting, for which notice of the motion has been given in writing, together with a notice convening that meeting or at an Extraordinary Meeting convened for that purpose.
12.2 A resolution of an Executive Committee meeting shall not be rescinded except by a subsequent Executive Committee Meeting for which notice of the meeting has been given in writing, together with the notice convening that Executive Committee meeting or at a Special Committee Meeting convened for that purpose. |
| 13. TRADE SECTIONS |
| The formation, administration and operation of Trade Sections of the Chamber of Commerce shall be determined by the Executive Committee. |
| 14. MINUTES |
14.1 Adopted Minutes shall be kept of all meetings convened in terms of this Constitution and shall be available for perusal by the Members of the Executive Committee during the office hours of the Chamber of Commerce.
14.2 The Executive Committee shall determine what documents held by the Chamber of Commerce may be perused by members and the time of their availability.
14.3 Sub-committee adopted Minutes shall be approved by the Executive Committee. |
| 15. DEEDS AND DOCUMENTS |
| The Executive Committee shall appoint at least 2 (two) of its members to sign powers of attorney, deeds, proxies or other documents on behalf of the Chamber of Commerce. |
| 16. CODE OF ETHICS |
| The Executive Committee may design, frame and circulate to all members a code of ethics for implementation. |
| 17. INDEMNITY |
| Every Executive Committee Member shall be, and is hereby indemnified by the Chamber of Commerce against any loss, negligence, expense or damage incurred in the discharge of or arising out of his voluntary duties, owing to his own fault or neglect and no member or other officer of the Chamber of Commerce shall be liable for the acts, defaults, negligence or loss of any other Executive Committee officer or member. |
| 18. DISSOLUTION |
18.1 The Chamber of Commerce shall be wound up if at a ballot not less than one half of the total number of Ordinary Members of the Chamber of Commerce in good standing vote in favor of a resolution that the Chamber of Commerce be wound up or, if for any reason the Chamber of Commerce is not able to continue to function.
18.2 If following the dissolution of the Chamber of Commerce there remains after satisfaction of all its debts and liabilities, any property or assets whatsoever, such assets shall not be paid to or distributed amongst the members of the Chamber of Commerce but shall be given or transferred to some other company, association, institution or organisation having objects similar to those of the Chamber of Commerce, to be determined by the members of the Chamber of Commerce at or before the time of dissolution.
18.3 Each member undertakes to contribute to the assets of the Chamber of Commerce in the event of its being wound up during the time that he is a member, or within 1 (one) year afterwards, for the payment of debts and liabilities of the Chamber of Commerce contracted before the time at which he ceases to be a member, and the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributors among themselves such amount as may be required, not exceeding, however the sum of R100,00 (one hundred Rand) per member. |
| 19. CONSTITUTION |
19.1 Amendments
19.1.1 This Constitution may be amended at any duly constituted General, Extraordinary General or Annual General Meeting of the Chamber of Commerce by a two-thirds vote, provided the amendment has been submitted to all members in writing at least 21 (twenty one) days prior to the date of the meeting.
19.1.2 In the event of a complete revision of the Constitution, at least 21 (twenty one) days written notice of the revision shall be given to all members.
19.1.3 Notice of motion by any member of the Chamber of Commerce of a proposed amendment to the Constitution shall be handed in writing to the Administrator of the Chamber of Commerce at least 30 (thirty) days prior to the date of the meeting at which the proposed amendment is to be considered.
19.2 Interpretation
In any matter concerning the interpretation of the Constitution of the Chamber of Commerce, the decision of the Executive Committee shall be final and binding on all members. |
| 20. By Laws |
| This constitution was amended and approved at the Executive Committee Meeting held on the 9 May 2008. |
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