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

7. Adoption of constitution

 

(1) When a community or a provisional association wishes to adopt a constitution it shall notify the Director-General accordingly and shall convene a meeting or meetings in such manner as may be prescribed for the adoption of constitutions.

 

(2) An authorised officer shall attend the meeting or meetings contemplated in subsection (1), to take minutes of the proceedings, to witness the adoption of the constitution and to prepare a report setting out his or her observations in relation to—
(a) whether the notice of the meeting was effective in ensuring the presence of members of the community at the meeting;
(b) the number of members of the community present at the meeting or validly represented at the meeting, and whether the various interest groups in the community were represented at such meeting;
(c) the number of members of the community who voted in favour of and the number who voted against the adoption of the constitution or any specific provisions thereof;
(d) whether the interests of any person or group of persons are likely to be adversely affected as a result of the adoption of the constitution;
(e) the views of any dissenting persons; and any other matter which the Minister may prescribe or which may be relevant to the exercise of the Director-General's discretion.

 

(3) The community or provisional association shall, as soon as practicable after the adoption of the constitution, submit it together with the prescribed information to the Director-General.

 

(4) Any person claiming to have been excluded from participation in the process of preparation and adoption of the constitution or claiming that the process was not fair may lodge a complaint with the Director-General, who may, if he or she is satisfied on reasonable grounds that the complaint is material, refuse to cause the association to be registered until the issue has been resolved to the satisfaction of the Director-General.