Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)

Constitution

Constitution of the National Council of Societies for the Prevention of Cruelty to Animals

1. Interpretation

Purchase

(1)	In this Constitution, unless the context otherwise indicates—

"Act"

means the Societies for the Prevention of Cruelty to Animals Act, No.169 of 1993;

"advisory director"

means a person appointed as such in terms of article 12(15);

"article"

means the articles of this Constitution;

"associate members"

means an associate member of the Council admitted in terms of article 6(4);

"auditor"

means the independent auditor appointed by the Member Societies from time to time;

“Board”

means the Board established by section 2(3) of the Act;

"Chief Executive Officer"

means the person appointed in terms of article 12(2)(k) and includes any person appointed to perform the duties of the Chief Executive Officer of the Council from time to time;

“Constitution”

means this Constitution as amended from time to time and a reference to a particular article means an article of this Constitution unless the context determines otherwise;

"contribution"

refers to all amounts payable by a Society to the Council in terms of the Act;

"Council"

means the National Council of Societies for the Prevention of Cruelty to Animals established by section 2(1) of the Act unless the context determines otherise;

“day/s”

means every consecutive day on the calendar, including Saturdays, Sundays and public holidays;

"delegate"

means a natural person being a member of the committee, board member or employee in a supervisory or managerial position of a Society, appointed by a Society in good standing in terms of article 8(1) to represent the Society at the general meeting or adjournment thereof;

“Director”

means a person appointed as a Director of the Board nominated, elected or deemed to be elected for the time being of the Council (including an Alternate Director) unless the context determines otherwise;

“general meeting or annual general meeting”

means a meeting of Members;

"in good standing"

means that the Society has paid all contributions due and submitted all documents required timeously, and has complied with all its obligations in terms of the Act, the rules of the Council, the Society’s own constitution and this Constitution and that it is not in breach of any of its obligations in terms of the Act without just cause

"member/s"

means a Society registered or deemed to be registered in terms of section 8 of the Act, unless the context determines otherwise;

"month"

means a period starting on a day in a calendar month and ending on the numerically corresponding day, in the next calendar month;

“ordinary resolution”

means a resolution reduced to writing and passed by the majority of the societies present at a general meeting of the societies convened in terms of this constitution;

"Regional Council"

means a regional council established in terms of article 6(2);

“Society”

means a Society registered in terms of section 8 of the Act;

“special resolution”

means a resolution reduced to writing and passed by a majority of at least two-thirds of the societies present at a general meeting of the societies convened in terms of this constitution.

[Definitions substituted by section 1 of Constitution of Board Notice 223, GG46000, dated 04 March 2022]

(2)	Other words shall bear the same meaning as are defined in section 1 of the Act, and the provisions of this Constitution shall at all times be subject to the provisions of the Act.

(3)	In this Constitution, unless the context otherwise requires—

(a)	words signifying the singular will include the plural and vice versa;

(b)	words signifying one gender will include the other genders;

(c)	references to natural persons shall include artificial and/or juristic persons and vice versa.

(d)	where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(e)	a reference to any agreement or other document includes any variation, novation, replacement or supplement to any of them from time to time;

(f)	a reference to an article or schedule is a reference to a clause of or a schedule to this Constitution and a reference to this Constitution includes any schedule;

(g)	a reference to any legislation or to any provisions of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and any regulations and statutory instruments issued under it;

(h)	an expression defined or given a specific meaning in the Act, has the same definition or meaning in this Constitution unless otherwise specified;

(i)

When any particular number of days is prescribed for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively that Sunday or public holiday.

[Clause 1(3) substituted by section 1 of Constitution of Board Notice 223, GG46000, dated 04 March 2022]