Constitution
   revised June 2004

The Wilderness and Lakes Environmental Action Forum ("WALEAF") is a voluntary association of individuals and organizations whose primary objective shall be to act as a watch-dog over matters concerning all aspects of the environment (social, natural and economic) in an area bordered by the Kaaimans River on the West, Groenvlei on the East, and the Outeniqua Mountain range to the North. WALEAF also aims to generally promote environmental education and awareness.
(See Annexure, “Aims and Objectives”)

1. MEMBERSHIP AND REPRESENTATION

1.1 Membership shall be open to any individual who, or organization that, supports the
Aims and Objectives of WALEAF.

1.2 Each organization which is a member will have only one vote in all decision-making
processes.

1.3 Membership shall be in the form of a written application and shall be
referred to a meeting of the Executive Committee. Acceptance will take place by a two-thirds majority.

1.4 Members who act in a manner that does not support the Aims and Objectives of
WALEAF may be encouraged to terminate their membership voluntarily. If this is not forthcoming, the question shall be put to an Executive Committee meeting. Termination will be made by a two-thirds majority.

2. SUBSCRIPTIONS

2.1 The annual subscription, if any, shall be determined by the Executive Committee and ratified at the Annual General Meeting (“AGM”).

2.2 If an annual subscription is ratified, no person whose subscription is in arrears shall be entitled to vote at a meeting of WALEAF.

2.3 Liability of members is limited to the amount of the annual subscription.

3. EXECUTIVE COMMITTEE

3.1 WALEAF shall be managed by an Executive Committee (from this point referred to as “the Committee”) consisting of a minimum of 4 (four) and a maximum of 12 (twelve) members elected at an AGM. If more than twelve members are nominated, then an election shall be conducted by secret ballot.

3.2 The Chairman, Vice-Chairman, Secretary and Treasurer shall be elected by the Committee from its members at its next meeting.

3.3 The Committee members’ term of office shall be for a period of 1 (one) year. Retiring members shall be eligible for re-election.

4. DUTIES AND POWERS OF THE EXECUTIVE COMMITTEE

4.1 The Committee is empowered to meet and act on behalf of WALEAF.

4.2 The Committee may delegate any of its powers to task groups or sub-
Committees, the convenor of which must be a Committee member, appointed by the Committee.

4.3 In furthering the objectives of WALEAF, the Committee may co-opt any member,
person or representative of any other local organization to a maximum of 4 (four) to serve as non-voting members of the Committee, and/or as members of task groups or sub-committees Such appointments will be for a predetermined period or reviewed on an annual basis.

4.4 Any vacancy on the Committee may be filled by the Committee appointing an ordinary member of WALEAF to serve until the next AGM.

4.5 If the Committee concludes that any Committee member is not fulfilling
his or her obligations, the Committee may terminate such membership by a two thirds majority.

5. MEETINGS

5.1 Committee meetings will normally be held monthly.

5.2 An AGM shall be held in the autumn of every year to assess progress, elect office
bearers, study finances and re-examine the appropriateness of the constitution with particular reference to the Aims and Objectives of WALEAF.

5.3 Extraordinary General Meetings may be held whenever the Committee decides that
the decisions of ordinary members are required.

5.4 For any Committee meeting, AGM or Extraordinary General Meeting
(i) notice of date, time, venue and agenda will be circulated at least 7 days before the intended date of the meeting;
(ii) a quorum shall consist of 50% of current Committee or ordinary members, as the case may be;
(iii) in the absence of a quorum, the meeting will be adjourned until a more convenient date has been selected;
(iv) minutes shall be taken, kept in a Minute File, and made available to members on request;
(v) decisions shall, as far as possible, be taken on the basis of consensus and voting will only take place when essential, in which case issues shall be decided by a majority vote, taken by a show of hands, unless otherwise specified in this Constitution; and
(vi) the Chairman shall have a casting vote.

6. FINANCES

6.1 The Treasurer shall control the finances and shall arrange for all funds to be deposited in a bank account in the name of WALEAF.

6.2 Proper books of account shall at all times be kept by the Treasurer. A record shall be kept of all transactions and property of WALEAF and shall be presented at the AGM.

6.3 All banking documents and negotiable instruments shall be signed by any two of the following: Chairman, Vice-Chairman, Secretary and Treasurer.

7. LEGAL STANDING

7.1 WALEAF is a separate legal entity which will continue to exist despite changes in its membership. It will have the capacity to acquire rights and incur obligations independently of its members, including the capacity to own property.

7.2 WALEAF may sue and be sued in its own name and all processes of law will be regarded as sufficiently served if served on the Chairman. Neither the Chairman, nor any member or Committee member shall be personally liable for any loss suffered or costs incurred in the furtherance or promotion of its objectives or in the course of litigation or otherwise.

8. CHANGES TO THE CONSTITUTION

8.1 This constitution can only be amended by a resolution supported by not less than two-thirds of the members present at an AGM or an Extraordinary General Meeting.

9. DISSOLUTION

9.1 WALEAF may be dissolved if it is no longer able to achieve its aims and objectives, and if not less than two thirds of the members present at an AGM or Extraordinary General Meeting vote in favour of dissolution.

9.2 If after dissolution and payment of all debts, there are any assets remaining, they should be disposed of for the benefit of any organization with similar aims and objectives in the area.


Annexure

AIMS AND OBJECTIVES
of the Wilderness and Lakes Environmental
Action Forum (WALEAF)

1. To act as a watchdog and inform the public and authorities of developments and practices which may have a detrimental effect on the environment.

2. To ensure that all developments follow the applicable environmental legislation, with specific reference to the National Environmental Management Act No.107 of 1998.

3. To play a constructive role in the preparation of structure plans for the defined area by promoting sound environmental policies, and through establishing and maintaining good working relationships with all local authorities and other non-governmental organizations.

4. Promote desirable development in keeping with the intrinsic environmental features and ecological processes in our area.

5. To promote environmental education and awareness.

6. To encourage proper public participation processes, to inform the public of their rights and to facilitate information between the public and the authorities.

7. To ensure enforcement of environmental rights as enshrined in the Bill of Rights in the Constitution, Act No.108 of 1996 and any other legislation relevant to the environment.

8. To promote greenbelts by containing development and encouraging conservancies and private nature reserves and through working closely with Cape Nature Conservation.

9. To support the RAMSAR objectives.

10. To promote the conservation of our environmental heritage.

11. To promote social harmony.

12. To identify and support development that is socially, economically and environmentally sustainable.