MBOTHO FAMILY TRUST DOCUMENT
MBOTHO
FAMILY TRUST
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Preamble, Mission,
Definition of Terms and Revision of this document.
1. Name.
2. Mission Statement.
3. Goals.
4. Powers of the Trust.
5. Limited liability.
6. Membership.
7. Finance.
8. Dissolution.
9. Executive Committee.
10. Sub-Committees.
11. Constitutional Amendments.
12. General meetings of members.
13. Quorum.
14. Disqualification of members.
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The Mbotho Family Trust is a group of
persons concerned with the social (culture, heritage, historical research,
education) and economic (skills development, entrepreneurship, business
opportunities) development of Mbotho clan names.
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The mission of the Mbotho Family
Trust is to promote development, heritage and protect the identity of Mbotho
Clan group. In particular to enhance the use of resources at the disposal of the
trust for the benefit of all members of the trust.
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Member - A person is a member in terms of
item 5.
Mbotho - The surname that include among other Mbotho clan name: Yalo, Nani, Ngcingwana, Hleza, Vuke, Xaso.
KwaMbotho - area identified on the map,
forming Appendix A to these items.
Area of Interest - The area of interest of the Trust is the KwaMbotho, history of the family of KwaMbotho. The Trust - The Mbotho Family Trust. Executive Committee - The committee established in terms of item 9 |
The title of the document file will
be 'MFT', then the present or current year, followed by the latest revision
of this document. e.g. MFT2011rev1. The person when making changes to
this document should remember to change the revision number. Each year
the document title is changed, with the relevant year and rev1 as the
first change. The person updating the magnetic 'Master document' should
retain the 'Master', with a backup kept in a separate place to the 'Master
document'. Whoever requires a copy, can be issued only a paper copy,
of the latest revision for reference purpose. The magnetic medium of the
'Master document' will be password protected, so that only one (1) original
is available. This 'Master document' always remains the property of Mbotho Family Trust.
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Constitution
The name of this Trust shall be
Mbotho Family Trust (hereinafter referred to as the Trust).
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The mission of the Mbotho Family
Trust is to promote development, heritage and protect the identity of Mbotho
Clan group. In particular to enhance the use of resources at the disposal of
trust for the benefit of all members of the trust
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In order to achieve the Mission of
the Trust the goals of the Trust are;
3.1 To act as an apolitical body.
3.2 To promote dialogue between
various Institutions concerned with the development and-/or promotion
heritage within the benefits of the trust.
3.3 To assist in providing relevant
advice on the management of the Mbotho identity and its area of interest.
3.4 To obtain the support for the
Mission from family while noting that fund is aiming at developing family and
its area of interest.
3.5 To promote that effective action
is taken in the matters affecting the Mbotho Family and its area of interest.
3.6 To promote educational
opportunities for and support for the Mission from all users of the Mbotho
Family Trust and its area of interest.
3.7 To collect and disburse funds in
support of the Mission of the Trust.
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THE
TRUST SHALL BE EMPOWERED;
4.1 To buy, sell, own, exchange, donate,
lease or hire movable or immovable property.
4.2 To conduct banking, savings,
fixed deposit or other similar accounts at any registered financial
institution.
4.3 To hire staff as deemed necessary
and approved by the Executive Committee.
4.4 To organise fund raising
activities in any form within South Africa and beyond the borders of South
Africa.
4.5 To receive or disburse donations
in cash or in kind in pursuit of the Mission of the Trust.
4.6 To amend the Constitution of the
Trust in terms of Article 11.
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5.1 The Trust is not formed for any
purpose of gain and no member shall be liable for any debts or obligations of
the Trust save only to the extent of any amount due to the Trust.
5.2 The income of the Trust shall be
applied solely towards the promotion of the Mission of the Trust. No portion
shall be distributed except by the way of dividend for service rendered or
the reimbursement of expenses incurred on behalf of the Trust. The Executive
Committee shall approve such compensation.
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6.1 Individual membership: Any
natural person who supports the mission and goals of the Trust, has completed
an application form, kept the Executive of the Trust informed as to his/her
current address and paid the due subscription fees. Such a member in good
standing is entitled to one vote at a meeting of the Trust. The membership
subscription fees for such an individual member shall be set by the Executive
Committee from time to time and is to be reflected on the application form. The
Executive Committee is entitled to reject such an application form and return
the subscription fees and is also entitled to suspend or terminate such a
membership. The Executive Committee is not bound to provide reasons for such
a rejection.
6.2 Corporate membership: Any person
(with surname related to Mbotho), corporation, organisation or association,
who supports the mission and goals of the Trust, has completed an application
form, kept the Executive of the Trust informed as to its current status and
address and paid due subscription fees. Such a member in good standing is
entitled to one vote at a meeting of the Trust. The person who signed the
application form shall be deemed to be the representative for the member,
unless otherwise indicated in writing. The membership subscription fees for
such a corporate member shall be set by the Executive Committee from time to
time and is to be reflected on the application form. The Executive Committee
is entitled to reject such an application form and return the subscription
fees and is also entitled to suspend or terminate such a membership. The
Executive Committee is not bound to provide reasons for such a rejection.
6.3 Associate membership: A
person or organisation that, in the opinion of the Executive Committee, is
sympathetic to the mission and goals of the Trust. Such a member is not
liable for any subscription fees and does not have the right to vote at a
meeting of the Trust.
6.4 Honorary membership: A
person or organisation that, in the opinion of the Executive Committee, has
provided a valuable service to achieve the mission and goals of the Trust.
Such a member is not liable for any subscription fees and does not have the
right to vote at a meeting of the Trust.
6.5 Duration of membership: All
memberships shall be for one calendar year only.
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7.1 All funds of the Trust shall be
used exclusively for the benefit of the Trust, subject to the approval of the
Executive Committee and Article 5.2. The Executive Committee shall approve
compensation for the services rendered or expenses incurred outside normal
operating requirements.
7.2 Expenditure in excess of one
thousand rand (R 1 000) for any
one project shall be submitted by the Executive Committee for approval by the
members at the general meeting following such expenditure. This requirement
does not apply in instances where specific funds have been donated to cover
the full costs of a dedicated project.
7.3 The Treasurer shall table up to
date statements of income and expenditure at Executive meeting as necessary. Financial report should also forward to
KwaMbotho National Executive Committee meeting.
7.4 All extraordinary expenditure not
previously approved in a budget shall be subject to the approval of the
Executive Committee.
7.5 All cheques and any other
documents committing the Trust to any financial obligation shall be signed by
any three of the appointed signatories
(chairperson, secretary and treasurer) or members approved by the
Executive Committee.
7.6 The Trust may register at the
appropriate authority to acquire the rights to raise funds.
7.7 The financial year of the Trust
shall be from 1st April to 31st March.
7.8 The Trust shall appoint an Honorary Auditor. Such officer shall
not be a member of the Executive Committee. Such officer shall report to the
members on the financial statements of the Trust at the Annual General
Meeting of the members as though the Trust were a Close Corporation.
7.9 The Trust shall have a right to
open account in a recognised banking institution within the Republic of South
Africa.
7.10 Executive Committee have a right
and responsibility to ensure that funds are properly manage and Record
Secretary keep all records of Trust Fund documentation.
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8.1 The Trust may be dissolved by a
Resolution passed by not less than two thirds (2/3) of the votes of the
Executive Committee, including proxies.
8.2 Upon dissolution all surplus
assets shall be transferred to another non-profit organisation, which has the
same goals as The Trust as determined by the Executive Committee. Failing
this the funds shall be handed to the Local Civic Authority to be applied to
the maintenance and development of the KwaMbotho.
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An Executive Committee shall be
formed to co-ordinate the activities of the Trust.
9.1 Composition The
Executive Committee shall comprise:·
·
A
Chairman
·
A
Vice Chairman
·
Secretary
·
Record
Secretary (permanent non-voting member)
·
A
Treasurer and / or
·
Public
Relations Officer (PRO)
·
Representatives
of sub-committees or task teams formed in terms of Article 10.
The Executive Committee has the right
to invite observers and representatives from other organisations to attend
its meetings.
9.2 Objectives: The
objective of the Executive Committee shall be to co-ordinate the activities
of the Trust in the achievement of the Mission of the Trust.
9.3 Co-option: The
Executive Committee shall have the power of co-option and may appoint
sub-committees or task groups for special purposes from time to time as set
out in Article 10.
9.4 Voting: Each member,
whether elected or co-opted, of the Executive Committee has one vote. In the
event of a tie, the Chairperson has a casting vote. A simple majority shall
approve resolutions.
9.5 Meetings At
least four meetings of the Executive Committee shall be held each year. At
least seven days notice shall be given of such meetings. · All members of the
Executive Committee may contribute items for the agenda of such meetings. ·
Ad hoc meetings may be called as circumstances warrant. Such meetings must
carry the support of at least fifty percent (50%) of the Executive Committee.
· The chairman of the Trust may at his/her sole discretion call a special
meeting of the Executive Committee should extraordinary circumstances require
this. · The Executive Committee may invite such additional persons, as it
deems desirable to attend and address its meetings from time to time. ·
Representatives of sub-committees or task groups shall have the right to be
accompanied by one additional person to represent the interests of their
committee. Such additional persons shall not be entitled to vote at the
Executive Committee meeting.
9.6 Election of Committee
members The members assembled at the Annual General Meeting
shall elect the Committee members identified in Article 9.1.
9.7 Period of Office
The term of every member of the Executive Committee shall expire at the next
Annual General Meeting.· No person shall hold the office of Chairman for a
period exceeding three (3) consecutive years. Such person may be re-nominated
for this office after a period of one year has elapsed.
9.8 Collective responsibility
The concept of 'collective responsibility' usually inherent in every
committee shall apply to the Mbotho Family Trust Executive Committee. Matters
discussed at Executive Committee meetings shall be decided consensus, failing
which, by majority vote. The decision shall remain final, unless a member or
members apply to have a revote at the next Executive meeting. No decision
shall be subject to more than one (1) revote.
9.9 Confidentiality
Any member of the Committee may specifically request that any matter
discussed at Executive Committee meetings shall remain confidential to those
attending the meeting.
9.10 Public Statements
The Executive Committee shall decide at its meetings which matters shall
be made public through the press. This shall be done through the Chairman,
unless an alternative member is specifically nominated by the Committee to
make the statement.
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10.1 The Executive Committee may form
a sub-committee/s or task groups to represent the interests or projects as it
deems appropriate to carry out the Mission and achieve the Goals of the
Trust.
10.2 All sub-committees or task
groups formed in terms of Article 10.1 shall nominate two representatives to
represent their interests on the Executive Committee and is then co-opted
onto the Executive Committee if required. Such a representative may serve on
another sub-committee or task group.
10.3 The Executive Committee may
dissolve sub-committees or task groups so formed once the need for such a
sub-committee or task group falls away.
10.4 The trust sub-Committees are as
follow:
10.4.1 AmaMbotho
National Executive Committee
10.4.2 Planning and Event
Management Unit
10.4.3 Education, Research and
Cultural Unity Unit
10.4.4 Business,
Entrepreneurship and Skills Development Unit
10.4.5 Youth Development Unit
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11.1 At General Meetings of
Members The constitution may be amended at an Annual General Meeting or
Special General Meeting provided that;
·
At
least fourteen (14) days notice of the proposed amendments has been given in
writing to the Secretary of the Executive committee.
·
A
copy of such notice has been sent to each member at least fourteen (14) days
before the date of the relevant meeting.
·
Such
proposed amendment is passed by two thirds (2/3) of the votes cast by members
of the Trust as defined, including proxies in writing.
11.2 By Postal Ballot
The Constitution may be amended by postal ballot on condition that;
·
The
proposal is supported by at least three (3) members of the Executive
Committee.
·
The
ballot shall close fourteen (14) days after despatch of the notice to
members.
·
Such
proposed amendment is passed by two thirds (2/3) of the votes cast by members
of the Trust as defined.
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12.1 Annual General Meeting
There shall be an Annual General Meeting of the Mbotho Family Trust during
the first half of each financial year at a date to be decided by the
Executive Committee at which;
· The
outgoing Chairman shall present a report of the executive activities since the previous Annual General Meeting.
· The
Treasurer shall present audited financial statements for the year.
·
The
election of office bearers for the ensuing year shall take place.
·
An
honorary Auditor shall be appointed for the ensuing year.
12.2 General Meetings
General meetings may be called at the Executive Committee discretion.
· A
member of the Trust in good standing may call a general meeting by petition
to Executive Committee. The Executive Committee shall issue due notice as
soon as possible. The Executive Committee may hold the member liable for the
costs of this meeting and may require a monetary deposit to cover these costs
prior to issuing the notice.
12.3 Voting and Proxies
At General Meetings of members each paid up member shall have a vote and the
Chairman shall have a casting vote that may be applied at his discretion.
·
Any
member not able to attend a general meeting, a special general meeting or a
committee meeting may give his proxy to any other member in good standing to
vote in his stead. Such proxy shall be in writing and shall specify the name
of the member and the proxy and whether such proxy is for a specific matter
or in general. Such written proxy shall be handed to the Chairman before the
commencement of the meeting to which the matter refers.
12.4 Notice of meeting
Fourteen (14) days written notice shall be given of any AGM or General
Meeting. Such notice shall be sent to all members of the Trust and shall
include an agenda of those items proposed for discussion at the meeting.
Written notices shall be sent to the current address on a database maintained
by the Trust and may include e-mail or fax addresses.
12.5 Items for the Agenda
Members wishing to place additional items on the agenda for discussion at the
AGM or General Meeting shall submit such items to the Chairman in writing
prior to the commencement of the meeting. Such items cannot be voted on or
accepted at this meeting.
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13.1 At a duly convened members'
meeting, the members present shall constitute a quorum. In the event of a
tie, the Chairman has a casting vote.
13.2 At Executive Committee
meetings at least fifty (50 plus 01) percent of the total of elected and
co-opted members shall form a quorum.
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14.1 If any member acts in a manner
considered prejudicial to the mission and/or well being of the Trust, the
Executive Committee shall have the right to cancel such person's membership
of the Trust.
14.2 A proposal to cancel membership
shall be supported by a written document clearly setting out why such
cancellation is proposed.
14.3 This document together with a
covering letter stating the date of the meeting at which such a proposal is
to be considered shall be posted by registered mail to the person concerned
at least fourteen (14) days in advance of such a meeting.
14.4 The person who is the subject of
the proposal shall have the right to respond to the document referred to in
item 14.2 either in writing or personally at the Executive Meeting at which
the proposal will be considered.
14.5 A proposal to withdraw
membership shall require the supporting vote of at least two thirds (2/3) of
members of the Executive Committee present at the meeting at which the
proposal is considered. In the absence of such support the proposal shall
fail.
14.6 Any person whose membership is
cancelled by the Executive Committee may within fourteen (14) days request in
writing that the proposal be put to all members at a General Meeting of
members.
14.7 Upon receipt of the written
request referred to in 14.6, the Executive Committee shall re-instate the person's
membership and shall place the proposal upon the agenda of the next General
Meeting of members. The notice of General Meeting at which the proposal is to
be considered shall include the document referred to in 14.2 together with
any response thereto.
14.8 The proposal to cancel
membership shall require support by two thirds (2/3) of all persons attending
the General Meeting at which the proposal is considered. Proxy voting will
not be permitted in the vote on the proposal at the General Meeting.
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