Constitution

The Constitution of Free State Agriculture

 

 

 

 

CONSTITUTION

OF

FREE STATE

AGRICULTURE

 

(THE AFRIKAANS TEXT SHALL BE THE OFFICIAL CONSTITUTION) 


 

1.    DEFINITIONS

1.1       “Agricultural business”:      A co-operative institution or company registered in terms of the Co-Operatives Act or Company Act and which is mainly responsible for providing a service to Agriculture.

1.2      “Industry”:      The agricultural industry as it is known and carried on in the Free State.

1.3       “Commodity organisation”: An association of producers and agricultural businesses established for a specific agricultural commodity.

1.4       “Member”:      In this constitution member refers to:

1.4.1   A male or female natural person who farms in the province, who endorses the constitution of Free State Agriculture, whose membership has been approved by an agricultural association affiliated to Free State Agriculture, and whose membership fees are paid up as stipulated in subsection 6.1.1 of this Constitution;

1.4.2   spouses of members as well as children under the age of 35 years, who farm together with a member, may apply and become a member as defined in 1.4.1, at half the normal membership fee provided the main member is paid up;

1.4.3   a partnership, a private company, a close corporation or a trust that is engaged in farming whose membership fee is paid up and whose membership fee is one and a half times that of the normal membership fee and who shall have two (2) votes. The second vote must be cast by another person of the farming enterprise;

1.4.4   a manager of a partnership, private company, close corporation, a trust or of a member as defined in 1.4.1, may apply and become a member at half the normal membership fee provided that the main member is paid up; and

1.4.5   a member of an agricultural association in another provincial agricultural union’s operational area, but which has fully complied with the membership requirements with regard to Free State Agriculture, as defined in subsection 1.4.1, 1.4.2, 1.4.3 and 1.4.4.

1.5       “Office-bearers”: The President, Vice President, regional representatives, co-opted members and commodity representatives as affiliated.

1.6       “Province”:     Unless where stated otherwise, the Free State.

1.7       “Region”:       The twenty municipal regions into which the province is divided. (As Free State Agriculture is currently functioning operationally.)

 

2.    NAME AND POWERS

 

The name of the nonprofit organisation is Free State Agriculture and is a body corporate with the power to conduct the following in its own name:

2.1       To own, purchase or sell, rent or let, mortgage or encumber with a mortgage, take or provide as security and/or alienate or dispose of any immovable or movable property in any manner and to give or obtain any business or other right over it and in general enter into legal acts with regard to the pursuit of the objectives of Free State Agriculture;

2.2       to lend funds or monies which it may have at its disposal and/or invest in any manner with or without security and on such conditions as may be decided upon from time to time;

2.3       to borrow and withdraw money and obtain and enter into loans of any kind and to provide security thereto as may be required;

2.4       to open bank accounts and make withdrawals and have overdraughts;

2.5       where necessary, to guarantee the liabilities of any person or body corporate or stand surety for them and/or sign and conclude security bonds;

2.6       to institute or defend legal proceedings and subject any dispute to arbitration and appoint and remunerate the required legal practitioners with regard to such legal proceedings, arbitration proceedings or judicial inquiries;

2.7       to employ personnel to execute the work and business thereof with such powers and on such conditions, with regard to salary and otherwise, as may be determined from time to time;

2.8       to pay honoraria and appropriate allowances to office-bearers, committee members and staff members for services rendered;

2.9       to compensate office-bearers and staff members for any harm or damage they may suffer in the course of their service and provide  fidelity guarantee policy to persons who handle monies of Free State Agriculture;

2.10    to establish a pension fund on behalf of any of its staff members and those of associated bodies;

2.11    to support financially any matter whose promotion is included in the  objectives mentioned herein;

2.12    to accept and receive gifts and/or contributions of any kind;

2.13    to establish a company, whether by way of guarantee or by taking up shares in it, in order to take over the shares of an existing company or any portion thereof and to sell, exchange, or alienate such shares in any other manner;

2.14    to establish a trust and designate members of the association to serve as trustees of any trust;

2.15    to do everything that may be required to carry out the above-mentioned powers and the objectives mentioned herein; and

2.16    to financially support any charity, cultural or community matter or any other matter whose promotion is related to the objectives mentioned herein.

 

3.    OBJECTIVES 

 

3.1       The objectives of Free State Agriculture comprise the establishment of an organisation, within the scope of sections 10(1)(d)(iv)9bb of the Income Tax Act 58 of 1962, as amended, with emphasis on:

3.1.1   To organise the commercial farmers of the Free State together with all agricultural businesses that serve the province into a united agricultural front;

3.1.2   to maintain a central body representative of all agricultural interests in the province in which all commercial farmers can find a home by means of agricultural associations and agricultural businesses;

3.1.3   to co-ordinate the opinions of all commercial farmers on matters of general and/or special interest into a common representative position of Free State farmers, by taking into account the interests of the agricultural industry and evaluated against the background of the industry and its relative influence and importance within the community as a whole;

3.1.4   to be affiliated with Agri SA, which affiliation may not be severed, unless the provisions of article 17 of this Constitution are complied with;

3.1.5   to co-operate, be affiliated or federate with other provincial agricultural unions, the Free State Women’s Agricultural Union and other community groups, Agri Forums and organisations within the RSA for the promotion of a sound stable community by taking full account of the interests and needs of the community as a whole, and the commercial agricultural industry in particular;

3.1.6   to submit, where necessary, the co-ordinated opinion of the agricultural industry to the Government or other authorities and to co-operate with them in all matters concerning the interests of the agricultural industry with a view to the solution of problems and to frame the required legislation;

3.1.7   to promote participation in and support of agricultural businesses among the agricultural community by recognising the Agricultural Business Chamber as being representative of the agricultural businesses in the province;

3.1.8   to keep the agricultural producers informed of all matters that concern their specific enterprise of the agricultural industry, their general interests and the agricultural industry within the general framework of the community;

3.1.9   to strive for the systematic development of the agricultural industry, including the conservation of the soil and the water resources of the province, the maintenance and improvement of soil fertility and improved production methods;

3.1.10 to provide through joint action for the establishment of the necessary facilities and services for agriculture and to organise the farmers for this purpose and where desirable to create the necessary avenues of service;

3.1.11 to continuously strive for bringing about the best relationship between producer and consumer and to propagate this goal;

3.1.12 to deal with all matters solely on merit and never approach them from a party political point of view or outright actively promote the interests of any intra- or extra-parliamentary political group or party;

3.1.13 to pay homage in an appropriate way to persons who have rendered special service to the organisation and/or agriculture at large;

3.1.14 to strive for the conservation of the agricultural history and culture in the province;

3.1.15 to do everything which in the opinion of the Congress or the Executive Management, of Free State Agriculture bears reference to or results in the realisation of the above-mentioned objectives or carry out such other matters that, in the opinion of the Congress or the Executive Management, may be in the direct or indirect interest of the agricultural industry; and

3.1.16 to do everything possible to see to it that a strong united organisation continues to exist and is extended, in which the general, commodity  and co-operative interests of all commercial farmers in the Free State on local, regional, provincial and national level can be promoted in a co-ordinated manner.

 

4.    MEMBERSHIP 

MEMBERS

The affiliated members of Free State Agriculture are its members in the province who comply with the provisions of this Constitution, with the proviso that the following organisations qualify for affiliated membership:

AFFILIATED MEMBERS:

4.1 AGRICULTURAL ASSOCIATIONS

4.1.1         Which consist of at least ten paid-up members;

4.1.2         whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments are approved by the Executive Management of Free State Agriculture for affiliation (objectives and functions in Appendix 1 to this Constitution);

4.1.3         whose members have met their financial obligations for affiliation to Free State Agriculture as stipulated in sections 6.1.1 of this Constitution; and

4.1.4         if an agricultural association does not comply with the provisions as above (4.1.1, 4.1.2 and 4.1.3), Free State Agriculture can recommend the dissolution of such an agricultural association to the Executive Management and the Executive Management may effect such dissolution after mediation with the agricultural association concerned. Refer to “Constitution of an Agricultural Association” point 17.1 with subsections 17.1.1, 17.1.2, 17.1.3 and 17.1.4 as well as point 17.2.

4.2 AREA MANAGEMENT

4.2.1         Which are established from the ranks of at least two agricultural associations in an area, as defined in paragraph 4.1 of this Constitution;

4.2.2         where an area has only one agricultural association, this agricultural association also acts as an area management with the vote (see 7.1.4);

4.2.3         whose objectives are compatible with those of Free State Agriculture and whose constitutions, and subsequent amendments thereof, are approved for affiliation by the Executive Management (objectives and functions in Appendix 1 to this Constitution); and

4.2.4         which are not obligated to the contribution of a separate affiliation fee. (Area management are not liable for contributing an affiliation fee).

 

4.3 REGIONAL MANAGEMENTS           

4.3.1         Which are established from all the area managements in a specific designated region, and where no area management is in existence, then the agricultural association(s) established in a designated region;

4.3.2         whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments thereof are approved for affiliation by the Executive Management (objectives and functions in Appendix 1 to this Constitution);

4.3.3         regional managements which engage with municipalities or different departmental representatives, participate as an Agricultural Forum; and

4.3.4         which are not obligated to the contribution of a separate affiliation fee.

 

4.4 NATIONAL and PROVINCIAL COMMODITY ORGANISATIONS

4.4.1   Which are recognised as a national commodity organisation under section 11 and 12 of the Constitution of Agri SA;

4.4.2   whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments thereof are approved by the Executive Management provided that conditionally only one commodity organisation may be approved for a specific commodity  grouping (objectives and functions in Appendix 1 to this Constitution);

4.4.3   which carry into effect subsection 3(2) (c) of the Constitution of Agri SA;

4.4.4   which function as independent national commodity organisations under their own constitution for the sake of a specific commodity grouping, subject to the provision that only one organisation per commodity grouping may become affiliated;

4.4.5   which has as foundational structure its own registered members who are among others also members of Free State Agriculture, with an own system of associations or branches;

4.4.6   whose affiliation has been approved by the Executive Management; and

4.4.7   whose annual affiliation fee, as determined by the Executive Management after  consultation with the organisation, has been paid.

 

 

4.5 AGRICULTURAL BUSINESSES

4.5.1   Which mainly carry out agricultural business in the province; and

4.5.2   whose annual affiliation fee, as determined and collected by the Executive Management in co-operation with the executive  committee of the Agricultural Business Chamber of Free State Agriculture, has been paid.

 

4.6 THE AGRICULTURAL BUSINESS CHAMBER

4.6.1        Of Free State Agriculture which is composed of agricultural businesses as described in paragraph 4.5. above, and which are affiliated to Free State Agriculture, provided that only one Agricultural Business Chamber may be affiliated; and

4.6.2        which is not responsible for the payment of an additional affiliation fee (refer also to section 11 of this Constitution).

 

4.7 JUNIOR AGRICULTURAL ASSOCIATIONS

4.7.1 Which are established by agricultural education institutions such as agricultural faculties, agricultural colleges, agricultural schools and technikons;

4.7.2 whose objectives are compatible with those of Free State Agriculture and whose constitutions are approved for affiliation by the Executive Management (objectives and functions in Appendix 1 to this Constitution); and

 

4.7.3 whose members are not obligated to pay membership fees to Free State Agriculture.

 

Appendix 1 that accompanies the Constitution is available here beskikbaar. 

The full Constitution as signed, is available here