Kosi Bay & Maputaland North Tourism Association (KMNTA)
The Tourism association is an association for all
product owners in the Kosi Bay region and can be contacted on
035-5929925 or mail@maputaland.net
Kosi Bay & Maputaland North Tourism Association (KMNTA) Constitution
. INTRODUCTION
1.1 This document shall govern the establishment and future activities of this organisation.
2. NAME
2.1 The name of the organisation will henceforth be known as the Kosi Bay & Maputaland North Tourism Association (KMNTA)
2.2 The shortened name will be Kosi Tourism Association (hereinafter referred to as the organisation).
2.3 The full name (as in .1 above) will be quoted in all official correspondence, be featured on all letterheads and business cards and will be also be used in all official matters pertaining to the organisation.
2.4 The shortened name may be used in informal correspondence, may be used in any meetings in reference to the organisation and may be used in conjunction with 2.3 above during the course of activities undertaken by the organisation, provided that the full name is referred to at least once.
3. OBJECTIVES
3.1 The organisation’s main objectives are to:
3.1.1 To empower its membership through official representation;
3.1.2 To promote the Kosi Bay Maputaland Region, in the republic of South Africa, as a tourism destination;
3.1.3 To liase with the provincial, local government and other relevant organisations regarding tourism development;
3.1.4 To formulate and enforce a Code of Conduct for Tourism Operators and Establishments in the region
3.1.5 To inform visitors to the region about the policy, conventions and regulations pertaining to them.
3.2 The organisation’s secondary objectives will be to:
3.2.1 Liase with and advise Tourism KZN (TKZN), Greater St. Lucia Wetland Park Authority (GSLWPA), Ezemvelo Wildlife on its broader tourism development strategy and specifically on those aspects involving tourism products in the region;
4. LEGAL ENTITY
4.1 The organisation shall:
4.1.1 Exist in its own right, separately from its membership;
4.1.2 Continue to exist even when its membership changes and there are different office bearers;
4.1.3 Be able to buy, own, and sell property and other possessions;
4.1.4 Be able to defend or institute legal action it its own name.
5. INCOME AND PROPERTY
5.1 Pursuant to 4.1.3 above, the organisation will keep a record of any and all property and equipment owned.
5.2 The organisation may not give over to nor may it cede any property or equipment to any member or office bearer.
5.3 The property, equipment and sundry items must be disposed of, ceded, or sold, only in accordance with the constitution of the organisation and, upon winding up/dissolution, must be placed under the control of another organisation similar to or with mutual aims to this organisation.
5.4 Members and/or office bearers may not exercise control over any property or asset of the organisation unless this control is in the express interest of the organisation and has been mandated by the board or failing which, a majority mandate from the membership.
5.5 Any and all income derived from activities relating to the organisations objectives and fundraising efforts are for the purpose of continuing the work of the organisation, the settlement of its debts and running expenses and the fair remuneration of those providing services to the organisation.
5.6 Any surplus funds may be retained in an interest bearing savings account for the express purpose of perpetuating the activities of the organisation.
5.7 The organisation shall formalise its financial and legal existence at such time as deemed fit by its membership and thereafter open all necessary bank accounts.
6. MEMBERSHIP
6.1 Membership is open to Tourism Establishments with a long term interest in this region, in which case an interested party may contact the board or the duly appointed membership officer and apply for membership.
6.2 The application of a prospective member will be evaluated on the basis of criteria established by the organisation and may be approved or rejected at the membership officer’s discretion, failing whom, the board’s discretion.
6.3 Members of the organisation must attend all Annual General Meetings of the organisation. At the AGM, a member enjoys full voting rights where applicable and may engage in determining policy for the organisation.
6.4 A member may claim expenses from the organisation for work done on behalf of the organisation, by mandate and within reason.
6.5 A member may provide services to the organisation for reasonable remuneration, provided that they have no voting rights on such a contract and thus abstain from voting in such an instance.
6.6 Members are indemnified by the organisation for reasonable activities undertaken on the organisation’s behalf, where such activities were communicated prior to commencement to the management committee of its appointed representative office bearer.
6.7 Membership may be withdrawn from a person at the reasonable discretion of the board or membership officer, or failing which, a majority decision taken by the remaining members, should that person:
a) Be found guilty of a criminal or civil offence;
b) Be found in contravention of any regulations as set out by the constitution or the board;
c) Have brought the good name of the organisation into disrepute;
6.8 A member has the right to appeal any decisions made under 6.7 above, where any decision taken thereafter is deemed final.
7. BOARD OF OFFICE BEARERS
7.1 A board of elected members of the organisation will be responsible for the management of the organisation. This board of office bearers, as they will be known, will collectively be referred to as “the board”.
7.2 The board must be made up of no less than 4 members in good standing and no more than 8.
7.3 Office bearers will serve on the board for one year, after which they may stand for re-election.
7.5 The board will meet on an Ad Hoc basis to carry out the business of the organisation and inform/call all members to these Ad Hoc meetings via email and/ or SMS messages when they arise.
7.6 More than 3 members of the board are needed for a quorum upon which decisions can be made. No decision taken with less than this quorum will be valid or binding.
7.7 Minutes must be taken at every meeting and be kept as permanent record. The minutes must be available for perusal at a designated place.
7.8 The board may form committees to carry out the mandates of the membership, the board and the activities of the organisation as a whole. Decisions taken by a committee must be taken to the board for implementation, failing which, the chairperson may validate such decisions – should the chairperson be unable to do so, then the deputy chairperson and thereafter the secretary shall be empowered to do so.
7.9 All members of the organisation must abide by decision taken by and through the board.
8. POWERS OF THE ORGANISATION
8.1 The board has full authority and may enjoy the powers associated therein to achieve the objectives of the organisation and fulfil the mandates of the membership and decisions taken at board level. All activities, authority and powers are subject to the laws of the Republic of South Africa.
8.2 Office bearers may raise funds on behalf of the organisation or to invite and solicit contributions by members of the public, other public organisations, private companies or the state and it’s organisations.
8.3 The board may authorise the purchase, hire or exchange of property needed in the course of its activities and the attainment of the objectives of the organisation.
8.4 The board has the right to make by-laws for the organisation and its membership, including the procedure for application, approval and termination of membership.
8.5 The organisation through its members will determine the authority, powers and rights of office bearers and such determinations will be bound to this constitution as Appendix A.
9. MEETINGS AND PROCEDURES OF MEETINGS
9.1 The chairperson, or two members, can call a general meeting should they deem it necessary. In such a case, the board must be informed of the proposed meeting not less than 14 days prior to it taking place.
9.2 The chairperson of the organisation also acts as the chairperson of the board.
9.3 If the chairperson is unable to chair a meeting, then the deputy chairperson may act in his/her place; failing which the board may elect from their number a chair for that specific meeting – this must take place prior to the commencement of a meeting.
9.4 There must be a quorum whenever such a meeting is held. A quorum for a general meeting will be at least one third of the overall membership.
9.5 When necessary, the board will vote on issues tabled before it. If the vote cast is equal on either side of an issue, then the chairperson may exercise a second and deciding vote.
9.6 The minutes of previous meetings must always be kept on hand, allowing for open perusal by members.
9.7 The board may set up a committee to take care of a specific task; this committee may comprise of no less than 3 persons; members of the organisation may be co-opted to non-executive roles in such a committee by office bearers; the committee must report back to the board through an elected chairperson on a regular basis.
10. ANNUAL GENERAL MEETINGS
10.1 The Annual General Meeting is to be held once a year, shortly after the end of the organisation’s financial year end.
10.2 At least 21 days written notice of the meeting and its agenda must be sent to all members in good standing.
10.3 Dealt with at the AGM, the following business, amongst others, should be included:
• Agree to items on the agenda
• Maintain an attendance register, noting apologies • Read and confirm the previous AGM’s minutes with matter arising
• Receive the Chairperson’s Report
• Receive the Treasurer’s Report
• Institute changes in the constitution as agreed to by the majority of members
• Elect new office bearers
• Discuss items of general interest
• Close the meeting with a proposed date of the next AGM
11. FINANCE
11.1 A treasurer must be appointed at the Annual General Meeting.
11.2 The treasurer’s role is to control the day-to-day finances of the organisation; manage and maintain all funds in a bank account in the organisation’s name; keep proper records of all finances.
11.3 Whenever funds are withdrawn from the organisation’s bank account, or when a cheque is issued, a signatory, who is one of three legal signatories on the account, must sign for said monies on the withdrawal form or cheque.
11.4 The organisation’s financial year end will be 31 March.
11.5 The organisation’s accounting records must be ready for submission to the Director of Non-Profit Organisations within 6 months of the financial year- end.
11.6 If the organisation has funds to be invested, such investments may only be made with registered institutions. These institutions are listed in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984.
12. CHANGES TO THE CONSTITUTION
12.1 The constitution can be changed by a resolution. The resolution has to be agreed upon and passed by no less than two thirds of the members at an AGM or special general meeting. Members will then vote to specifically alter the constitution.
12.2 Two thirds of the members shall be present at a meeting (“the quorum”) before a decision to change the constitution is to proceed. Any AGM may be used to make such a change, provided that such a notice is given as in 10.2
12.3 In such a notice of meeting, the intended change to the constitution must be written clearly and the implications as such communicated to members.
13. DISSOLUTION / WINDING-UP
13.1 The organisation may be dissolved if at least two thirds of the members present and voting at a meeting convened for the purpose of considering such a matter, are in favour of closing down.
13.2 When the organisation is dissolved, it must pay off all its debts. Thereafter, if there is money, property or equipment left over, it must be handed over to another organisation as prescribed in 5.3. The members present at this meeting may exercise the final decision with respect to which beneficiary will receive these monies, properties or equipment.
13.3 Should the organisation have insufficient money in its account at the time of dissolution to pay its debts, then a custodian must be appointed to oversee the sale of all assets, property and or equipment so as to satisfy the organisation’s creditors. Such a custodian would best be appointed in consultation with the law courts.
14. ADOPTION OF THE CONSTITUION
This constitution was approved and accepted by the members of the Kosi Bay & Maputaland North Tourism Association (KMNTA)
at the inaugural (general) meeting held on _______________________
at the ___________________________________ in Kosi Bay.
Member 1: Name _________________________________________
Signature: _______________________________________________
Member 2: Name _________________________________________
Signature: _______________________________________________
Member 3: Name _________________________________________
Signature: _______________________________________________
APPENDIX A
Authority, powers and rights of office bearers
A. INTRODUCTION
a.1. This document shall determine the authority, powers and rights of office bearers of the Kosi Bay & Maputaland North Tourism Association (KMNTA) as determined the organization’s constitution.
B. ELECTION OF OFFICE BEARERS
b.1 An office bearer may be elected from any of the members of the organization in good standing.
b.2 An office bearer is elected by show of hands at a meeting convened for the purpose of such an election.
b.3 Each office bearer is elected for a period of one year, where after he or she may stand for re-election. There is no moratorium on the number of times a person may be re-elected to the post of office bearer.
C. CHAIRPERSON
c.1 The chairperson is both chair of the board of office bearers and chairperson of the organization.
c.2 The chairperson’s responsibilities include those existing in the constitution and also include the responsibilities of ensuring the growth and success of the organization.
c.3 The chairperson may convene a meeting in accordance with the constitution.
c.4 The chairperson must ensure that all records are maintained, accurate and correctly open for inspection by the members.
D. DEPUTY CHAIRPERSON
d.1 The deputy chairperson is responsible to act in the absence of the chairperson and is bound to the same responsibilities as in c.2 above.
d.2 The deputy chairperson may also act as membership officer by default, unless unwilling to do so or where the board has determined the need for a separate office bearer to be appointed.
E. SECRETARY
e.1 The secretary is responsible for taking the minutes of all general meetings, meetings of the board and the AGM. These minutes must be clearly presented at subsequent meetings for ratification and/or clarification.
e.2 The secretary will act in the absence of both the chairperson and deputy chairperson, per the responsibilities outlined in c.2 above.
e.3 The secretary must ensure that copies of all records from both the treasurer and the membership officer are kept separately and up to date. e.4 The secretary must sign membership certificates on behalf of the organization.
F. TREASURER
f.1 The treasurer is responsible per the constitution 11.1 – 11.6 and all aspects of the financial affairs of the organization.
f.2 The office of the treasurer may not be held by anyone with pervious criminal convictions, civil judgments and/or court orders against them and must have their personal finances in good order.
G. MEMBERSHIP OFFICER
g.1 The membership officer will by default fall under the responsibility of the deputy chairperson unless mandated by the board to another party.
g.2 The membership officer is responsible to grow the membership of the organization, register new members, issue certificates of membership, maintain a database of all members and ensure that personal details of members are kept up to date.
g.3 The membership officer may receive any membership dues paid by members and must ensure that the treasurer ultimately receives said dues and a proper receipt is issued to the member.
g.4 The membership officer may determine the worthiness of an applicant member and may in his/her discretion approve and/or reject said membership, based on the constitution and any by-laws determined by the board.
g.5 The membership officer must conduct any disciplinary hearings and in such case act as chairperson of such a proceeding.
H. MEMBER OF THE BOARD
h.1 Membership of the board is open to all members of the organization in good standing.
h.2 A member may be elected to the board and not have to be an office bearer.
I. CONCLUSION
i.1 This document may be amended by the board as deemed necessary and once modified, must be presented to all members in good standing for their perusal and due record.
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