The Constitution of Free State Agriculture (as amended and approved after FSA’s annual congress in August 2019)
“Office bearers”: The President, Vice-President, regional representatives, co-opted members, and commodity representatives as affiliated.
“Commodity”: The Agricultural commodities as known and practised in the Free State.
“Commodity organisation”: an association of producers and agribusinesses that are set up for a particular commodity group.
“Member”: in this constitution means:
1.4.1: a male or female natural person who practises farming in the province, who subscribes to the constitution of Free State Agriculture, whose membership has been approved by an agricultural association affiliated with Free State Agriculture, and whose membership fees are paid up as stipulated in subsection 8.4.5 of this Constitution; 1.4.2: spouses of members as well as children under the age of 35 who are practising agriculture in association with a member, may apply and become a member as defined in 1.4.1 at a membership fee as stipulated in subsection 8.4.5 of this Constitution; 1.4.3: a partnership, a private company, a close corporation or a trust practising farming, whose membership fees are paid up, at a membership fee as stipulated in subsection 8.4.5 of this Constitution and will have two (2) votes. The second vote must be cast by another person from the farming concern; 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 a membership fee as stipulated in subsection 8.4.5 of this Constitution, on condition that the membership fees of the main member is paid up; 1.4.5: a member of an agricultural association in the service area of another provincial agricultural union, but who meets the full membership requirements of Free State Agriculture as described in subsection 1.4.1. 1.4.2, 1.4.3, and 1.4.4; and 1.4.6: the Executive Management has the competence to lay down rules regarding conditions for associated membership of Free State Agriculture, as well as the obligations, rights, and privileges of such members, and to amend, replace, and/or revoke such rules from time to time, but with the understanding that the representatives of such members will not have voting rights in the organisation and may not serve as office bearers in the organisation. These are institutions and persons such as academics, researchers, sponsors, agriculture-friendly companies, trusts, and foundations. Persons who occupy farmhouses can also be recommended by the relevant agricultural association or area management. Regarding the termination of membership of any associated member, the Executive Management will be guided by the provisions of subsection 5.7 of this Constitution.
“Agriculture related organisation”: A cooperative institution or company registered under the Cooperative Act or Companies Act, which is primarily responsible for service to Agriculture as well as any other agriculture related entity or organisation which aims to promote the interests of farmers and agriculture.
“Province”: Except where stated otherwise, the Free State.
“Region”: The twenty municipal regions in which the province is divided (as Free State Agriculture is currently functioning operationally).
2. Name and Powers
own, buy or sell any fixed or movable property, to hire, to rent, to pledge or to mortgage, to take or to give as security and/or to alienate or to sell in any way, and to give or acquire any business-like or other right over it, and generally conduct legal acts concerning it in pursuit of the objectives of Free State Agriculture.
lend and/or invest funds or money it may have available in any manner whatsoever, with or without security and on such terms as may be decided on from time to time.
borrow or take up money and enter into loans of any kind and to provide such security as may be necessary in terms thereof.
open bank accounts and draw and overdraw from it.
guarantee or provide surety for the liabilities of any person or legal entity where necessary, and to sign and enter into surety bonds and/or deeds of security.
institute and defend lawsuits and subject any dispute to arbitration, and to appoint and compensate the necessary legal practitioners regarding such lawsuits, arbitration proceedings or judicial investigations.
appoint staff to do the work and execute its business with such powers and on such terms, regarding salary and otherwise, as may be determined from time to time.
pay honoraria and relevant allowances to office bearers, committee members, and staff members for services rendered.
compensate office bearers and staff members for any injury or damage they may incur in the course of their employment and to provide fidelity-guarantee policies for persons handling the moneys of Free State Agriculture.
establish a pension fund for the benefit of any of its staff members and those of related bodies.
financially support any cause, the promotion of which is included in the objectives mentioned hereafter.
accept and receive gifts and/or contributions of any nature.
establish a company, either by way of guarantee or subscribing to its shares, to take over the shares of an existing company or any portion thereof, and sell, swap or alienate such shares by any other means.
establish a trust and appoint members of the association to serve as trustees of any trust.
do everything required to give effect to the abovementioned powers and to the objectives mentioned hereafter; and
financially support any charitable or community cause or any other cause, the promotion of which is consistent with the objectives mentioned hereafter.
The objectives of Free State Agriculture involve the establishment of an organisation within the scope of sections 10(1)(d)(iv)(bb) of the Income Tax Act 58 of 1962 as amended, with the emphasis on:
3.1.1: organising Free State commercial farmers, together with all agriculture related organisations serving the province, in a united agricultural front; 3.1.2: maintaining a central body that is representative of all agricultural interests in the province in order to provide a home for all commercial farmers through agricultural associations and agriculture related organisations; 3.1.3: coordinating the views of all commercial farmers on matters of general and/or special interest into a common representative view of Free State farmers, taking into account the interests of the agricultural industry and its relative influence and importance within the community as a whole; 3.1.4: affiliating with Agri SA, which affiliation may be severed if the provisions of section 16 of this Constitution have been complied with; 3.1.5: cooperating with other provincial agricultural unions and other community groups, agricultural forums, and organisations within the RSA that have objectives similar to that of Free State Agriculture, in order to work together, affiliate or federate towards the promotion of a healthy, stable community, with due regard for the interests and needs of the community as a whole, and in particular the commercial agricultural industry; 3.1.6: presenting, where necessary, the coordinated opinion of the agricultural industry to Government or other authorities and to cooperate with them in all matters concerning the welfare of the agricultural industry, with a view to solving problems and establishing the necessary legislation; 3.1.7: promoting participation in and support for agriculture related organisations among the agricultural community, recognising the Agricultural Business Chamber as representative of agricultural related organisations in the province; 3.1.8: keeping agricultural producers informed of all matters affecting their particular branch of the agricultural industry, their general interests, and the agricultural industry within the general community framework; 3.1.9: striving for the systematic development of the agricultural industry, including the conservation of soil and water resources in the province, the maintenance and enhancement of soil fertility, as well as improved production methods; 3.1.10: taking joint action to manage the establishment of the necessary facilities and services regarding agriculture, organising farmers for this purpose, and where appropriate, creating the necessary service institutions; 3.1.11: constantly striving to achieve the best relationship between producer and consumer and propagating this goal; 3.1.12: treating all issues on merit only and never approaching it from a party-political viewpoint, or actively and directly promoting the interests of any internal or extra-parliamentary political group or party; 3.1.13: to honor in an appropriate manner persons who have rendered exceptional service to the organisation and/or agriculture in general; 3.1.14: campaigning for the conservation of agricultural history and culture in the province; 3.1.15: doing everything that, in the opinion of the Congress or the Executive Management of Free State Agriculture, relate to or may lead to the achievement of the abovementioned objectives, or conducting such other business which, in the opinion of the Congress or the Executive Management, could be in the direct or indirect interest of the agricultural industry; and 3.1.16: doing everything possible to ensure the survival and development of a strong, united organisation in which the general, operational, and cooperative interests of all commercial farmers in the Free State could be promoted in a coordinate manner at local, regional, provincial, and national level.
4. Membership & Members
4.1.1: consisting of at least 5 fully paid-up members; 4.1.2: whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments have been approved by the Executive Management of Free State Agriculture for affiliation (objectives and functions in Appendix 1 of this Constitution); 4.1.3: whose members have fulfilled their financial obligations for affiliation with Free State Agriculture by 31 July as stipulated in section 6.1.1 of this Constitution; and 4.1.4: if an agricultural association fails to comply with the provisions as above (4.1.1, 4.1.2 and 4.1.3), Free State Agriculture may recommend the dissolution of such an agricultural association to the Executive Management, and the Executive Management may implement such a dissolution after intermediation with the relevant agricultural association. Refer to “Constitution of an Agricultural Association, clause 17.1 with subdivisions 17.1; 17.1.2; 17.1.3 en 17.1.4 as well as clause 17.2.
4.2.1: established in an area from the ranks of at least two agricultural associations, as defined in paragraph 4.1 of this Constitution; 4.2.2: whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments have been approved for affiliation (objectives and functions in Appendix 1 of this Constitution) by the Executive Management of Free State Agriculture; and 4.2.3: who is not obliged to contribute individual affiliation fees (area managements are not responsible for contributing affiliation fees.
4.3.1: established from all the area managements in a specific designated region, and where there is no area management, it will be established by the agricultural association(s) in a specific designated region; 4.3.2: whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments have been approved for affiliation (objectives and functions in Appendix 1 of this Constitution) by the Executive Management of Free State Agriculture; 4.3.3: regional managements who are engaging in conversations with municipalities or different departmental representatives, will participate as Agricultural Forums; and 4.3.4: who is not obliged to contribute individual affiliation fees.
National and Provincial Commodity Organisations:
4.4.1: recognised as a national commodity organisation in accordance with sections 11 and 12 of the Agri SA Constitution; 4.4.2: whose objectives are compatible with those of Free State Agriculture and whose constitutions and subsequent amendments have been approved by the Executive Management, provided that only one commodity organisation for a particular commodity group may be approved conditionally (objectives and functions in Appendix 1 of this Constitution); 4.4.3: giving effect to subsection 3(2)(c) of the Agri SA Constitution; 4.4.4: functioning as independent national commodity organisation under their own constitution for the benefit of a particular commodity group, subject to the provision that only one organisation per industry group may be affiliated; 4.4.5: as a fundamental structure has its own enrolled members who are, among others, also members of Free State Agriculture, with its 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.
Agriculture Related Organisations
4.5.1: mainly undertaking agricultural related business in the province; and 4.5.2: whose annual affiliation fee, as determined in terms of subsection 8.4.5 of this Constitution, is fully paid up.
Junior Agriculture Associations
4.6.1: established by agricultural-education institutions such as agricultural faculties, agricultural departments agricultural colleges, agricultural schools, and Universities of Technology; 4.6.2: whose objectives are compatible with those of Free State Agriculture and whose constitutions have been approved for affiliation (objectives and functions in Appendix 1 of this Constitution) by the Executive Management; and 4.6.3: whose members are not obliged to pay membership fees to Free State Agriculture.
5. Application for/and Termination of Membership
Membership of Free State Agriculture will be open to any person who qualifies as Member as implied in clause 1.4, provided that a prospective member’s application for membership is approved by the Executive Management, and also provided that the Executive Management could decline membership without providing reasons to the prospective member.
Any prospective member whose application for membership has been declined by the Executive Management in terms of section 5.1, is entitled to appeal to the President against the decision of the Executive Management, and the President, together with the Management Committee, will decide whether Free State Agriculture should offer membership to the prospective member.
Every person who wishes to become a member of Free State Agriculture must complete a form for that purpose, in which he applies for membership, accepts and endorses this Constitution and further undertakes to fulfil the financial obligations as set out in this Constitution.
Free State Agriculture is not bound to issue membership certificates.
The Executive Management of Free State Agriculture maintains a membership database for Free State Agriculture in the manner and in the locations as determined by the Executive Management.
Membership of Free State Agriculture is not transferable and the rights resulting from it cannot be ceded.
A person ceases to be a member of Free State Agriculture:
5.7.1: if a member submits a written resignation to Free State Agriculture; or 5.7.2: if a member is declared mentally disturbed by a competent court of law or declared incompetent to handle the affairs of a member or if a member is detained as a patient in an institution or as a President’s patient by virtue of any law; or 5.7.3: if a member has died; or 5.7.4: if the estate of a member is sequestrated; or 5.7.5: if a member has been warned by the Executive Management to stop behaviour which, in the opinion of the Executive Management, are in conflict with or detrimental to the interests or objectives of Free State Agriculture, and the member fails to stop such behaviour; subject thereto that a meeting of the Executive Management votes in favour of the termination of a member’s membership through a majority vote of at least two-thirds of the members present at the meeting of the Executive Management; or 5.7.6: if a member is placed under curatorship; or 5.7.7: if a member’s membership fee with Free State Agriculture has not been paid up to date; 5.7.8: if, being a legal entity, an order for the final liquidation, judicial management or business rescue of a member is granted, or a special resolution for the liquidation of a member is appropriately adopted and registered in terms of the Companies Act, No. 71 of 2008, as amended from time to time.
If any affiliated member may decide to resign, a written resignation must be submitted to Free State Agriculture within one month from the beginning of Free State Agriculture’s financial year; if a resignation has not been received, such a member will be considered a member for that financial year and will be responsible for the membership fees of the relevant year.
Any affiliated member whose membership is terminated in terms of the provisions of this section 5, will forfeit all rights and privileges or voice in the affairs, financial affairs or property of Free State Agriculture from the date of termination of membership.
6. Funding of Free State Agriculture
Funding of the daily operations of Free State Agriculture takes place through a fund to which the following contributions are made:
6.1.1: the annual membership fees of all enrolled members of all agricultural associations, as well as commodity organisations and agriculture related organisations affiliated to Free State Agriculture; 6.1.2: sole earnings on the investment of all life-member fees collected from members who have joined the collective life-member scheme of Free State Agriculture from time to time; 6.1.3: sole earnings on any investment of surplus funds made by the Executive Management in the name of Free State Agriculture; 6.1.4: contributions made by affiliated members with whom the Executive Management has made an agreement relating to remuneration for services rendered; 6.1.5: earnings from the lease of office space and the facilities in the Free State Agriculture Building; 6.1.6: any form of commission or compensation for services rendered to any other institution within or outside of organised agriculture; and 6.1.7: any form of donation or gratuity.
A financial policy and rules relating to the utilisation of the fund as mentioned in subsection 6.1, as well as the maintenance and preservation of all trust funds, will be established by the Executive Management.
The objectives of Free State Agriculture do not include profit-seeking. The funds available to Free State Agriculture will only be used for the promotion of its objectives and will not be divided among members or other persons.
The financial year of Free State Agriculture ends on the last day of April.
7. Management and Authority Congress
7.1.1: the President 7.1.2: the Vice-President 7.1.3: representatives of affiliated agricultural associations of which the personal membership fees have been paid, on a basis of one representative for every 30 fully paid-up members or portion thereof (for minimum number, refer to section 4.1.1); 7.1.4: one (1) representative per affiliated area management of which the personal membership fees have been paid; 7.1.5: one (1) representative of each regional management of which the personal membership fees have been paid; 7.1.6: two (2) representatives from each affiliated agricultural related organisation of which the membership fees have been paid, and who must either be directors and also members of an agricultural association, or chief executives of the agriculture related organisation; 7.1.7: three (3) representatives from each affiliated national or provincial commodity organisation affiliated to Free State Agriculture, of which the membership fees are paid, and who should be members of Free State Agriculture; 7.1.8: two (2) representatives from each committee of Free State Agriculture; 7.1.9: two (2) representatives from each junior agricultural association, with full participation in discussions, but without voting rights; 7.1.10: all co-opted members as approved by the Management Committee or the Executive Management; and 7.1.11: honorary members and guests invited by the President or the Executive Management, with participation in discussions, but without voting rights.
Points for Discussion:
7.2.1: the draft points for discussion should reach the Chief Executive Officer of Free State Agriculture at least 40 (forty) days before the date of the Congress at which it is to be discussed; 7.2.2: draft points for discussion that is received late cannot be discussed at the Congress without the prior approval of the Executive Management and a subsequent majority decision by the Congress. The President will decide at which stage of the congress proceedings such additional matters should be discussed; 7.2.3: all draft points for discussion should be referred to an agenda committee appointed by the Executive Management that will coordinate the points for discussion and decide on the final agenda for the Congress, which is still subject to the final decision of the Executive Management; and 7.2.4: points for discussion with a strict bearing on provincial commodity organisations must be placed on the congress agenda of the relevant commodity organisation, or in the case of affiliated national commodity organisations, be referred to the relevant organisation.
Congress Rules and Functioning
7.3.1: The Congress should be held annually at a place and time as determined by the Executive Management. 7.3.2: At least 90 (ninety) days before the Congress, the Chief Executive Officer will give notice to all affiliated members as well as the chairpersons of commodity organisations and co-opted members, of the date and place of the Free State Agriculture Congress. 7.3.3: At least 21 (twenty one) days before the Congress, all bodies which may nominate congress delegates should provide a list of names and addresses of their delegates as well as substitutes to the Chief Executive Officer of Free State Agriculture. A substitute, who has to comply with all the requirements of a delegate, may be appointed in writing at any time. Late registrations will be accepted in exceptional cases, subject to the following: 18.104.22.168: early registration will pay a reduced rate while late registrations are subject to the normal rate which rates can be determined and adjusted annually by Executive Management; and 22.214.171.124: late registrations must be presented to the Congress during the Congress and must be approved by the Congress. 7.3.4: Affiliation fees, as well as personal membership fees and any congress fees, where applicable, must be fully paid for any particular year before any delegate may participate in the Congress or be entitled to vote. 7.3.5: The congress agenda will be posted to all delegates 14 (fourteen) days before the congress date. 7.3.6: The congress fee of the President, Vice-President, Regional representatives, and co-opted members is paid from the administration account of Free State Agriculture. The fees for the other congress delegates are paid by the nominating bodies. 7.3.7: A report of the past year’s activities, together with properly audited financial statements for the past financial year, must be presented to the Congress. 7.3.8: All voting delegates from agricultural associations, area managements, members of commodity committees, and co-opted members from each region will separately elect, with absolute majority, one member – who should be a delegate – as Regional representative to serve on the Executive Management of Free State Agriculture for a term of two (2) years, subject to the requirement that an election should be held annually in at least half of the number of regions. 7.3.9: Voting at the Congress is done by way of a head count, except for the election of the President and Vice-President, which must be done by way of closed ballot papers, provided that: 126.96.36.199: the President may decide to vote on a particular issue by way of closed ballot papers, or in the event of at least 10 (ten) delegates present wanting to vote on it; 188.8.131.52: all delegates may cast only one vote per person, excluding delegates representing more than one affiliation, who may vote accordingly; and 184.108.40.206: the President as presiding member will have an ordinary as well as a decisive vote. 7.3.10: No person may be elected as an office bearer (President, Vice-President or Regional representative) unless such a person is a delegate to the Free State Agriculture Congress.
The President may at any time, but when the majority of the Executive Management at a legally constituted meeting so decides, convene a special congress, provided that in each such case a proper notice with details about the purpose of the congress will be posted at least 30 (thirty) days before the date of the congress to all bodies that can nominate congress delegates. The 30 (thirty) days can be reduced to 10 (ten) days on a unanimous decision of the Executive Management.
7.5.1: Half plus one of the possible voting delegates under subsection 7.1 forms a quorum for the Congress. 7.5.2: If a quorum as implied in subsection 7.5.1 is not present, the meeting is adjourned for half an hour, after which the voters in attendance will be considered a quorum, provided that such a Congress will not be able to make decisions regarding constitutional changes, dissolution or disaffiliation, but can settle other matters on the agenda.
8. Executive Management
8.1.1: the President 8.1.2: the Vice-President 8.1.3: one (1) member or a substitute from each of the National or Provincial commodity organisations as described in subsection 4.4; 8.1.4: two (2) members or substitutes nominated by the Management of the Agricultural Business Chamber, who must either be directors and members of an agricultural association, or chief executives of an agriculture related organisation; 8.1.5: the chairpersons of the respective committees (according to section 13 there is no committee for General matters); 8.1.6: all Regional representatives as elected during Congress; and 8.1.7: co-opted members.
8.2.1: All representatives as members of the Executive Management assume duty on the date of their election until their successors are appointed, but where interim vacancies arise in the case of regional representatives, Executive Management should fill such vacancies through co-optation. 8.2.2: The nomination for the vacancy of Regional Representative by the relevant region’s affiliations for co-opting with the Executive Management will take place within 40 (forty) days of the vacancy becoming available during a regional meeting of which proper notice has been given. 8.2.3: If any of the members mentioned in subsections 8.1.3 to 8.1.5 are unable to attend a meeting, the person appointed as substitute by the congress or management of the relevant affiliation, may attend the meeting with voting rights. 8.2.4: The affiliated body from which a representative is elected as President or Vice-President of Free State Agriculture, must appoint another member in his place. 8.2.5: When a member is absent for three (3) consecutive Management meetings without leave or valid reasons, his membership may be terminated by the Executive Management.
8.3.1: The Executive Management must meet regularly, but at least three (3) times a year; and the President may convene a meeting where and whenever he considers it necessary in the interests of the activities of Free State Agriculture but will be obliged to convene a meeting at the written request of at least three (3) members of the Executive Management. 8.3.2: A quorum for the meeting of the Executive Management should be half of the possible number of members plus one. 8.3.3: The Chief Executive Officer of Free State Agriculture must give at least 10 (ten) working days prior to the meetings notice of the date, venue, and agenda of the meeting.
Powers and Duties:
Subject to the direction and general policy of Congress, the Executive Management has all the powers and performs all the duties as defined in section 2 of this Constitution; furthermore, it has the right to delegate powers as it sees fit and to do whatever may be necessary in order to achieve the objectives mentioned in section 3.
For this purpose, the Executive Management should, more specifically, act as follows: 8.4.1: deal with all matters specially assigned to the Executive Management by Congress and carry out instructions from Congress; 8.4.2: appoint such subcommittees as considered necessary for specific investigations, or standing committees for matters of general interest, and delegate powers to such committees; 8.4.3: establish commodity organisations as necessary and desirable, and in accordance with subsection 4.4; 8.4.4: make nominations in all instances where Free State Agriculture is entitled to or requested for such nominations, with the arrangement: 220.127.116.11: that the Executive Management, in respect of commodity matters, requests recommendations from recognised commodity organisations for nominations to councils and committees relating to the relevant commodity groups; and 18.104.22.168: that, if nominations are requested between Executive Management meetings, the President will have the right of nomination, provided that the President, if possible and desirable, consult all interested committee members and give preference to recommendations for which a majority of votes have been received. 8.4.5: annually determine the membership fees; 8.4.6: establish a code for the payment of travel and accommodation expenses and applicable allowances to office bearers, members of the Executive Management, committee members, and staff members; 8.4.7: annually approve the office-bearer’s allowance for the President and Vice-President; 8.4.8: lay down a complete financial policy, including the period of the financial year, according to which the finances of Free State Agriculture should be run and managed; and 8.4.9: appoint auditors and determine their remuneration.
9. The Management Committee
9.1.1: the President; 9.1.2: the Vice-President; 9.1.3: no more than five (5) members elected with an absolute majority from the ranks of the Executive Management; and 9.1.4: co-opted members as required and recommended by the Executive Management.
The Management Committee is reconstituted annually through an election with ballot papers at the first meeting of the Executive Management after the Congress.
The Management Committee meets at the decision of the President as often as circumstances require.
A quorum for a Management Committee meeting consists of half of the members plus one (1).
Powers and Duties:
The Management Committee is responsible to the Executive Management and has such powers and fulfils such duties as may be delegated or assigned to it by the Executive Management from time to time.
10. The President and Vice-President
nominees must confirm their nomination by signing a prescribed nomination form, which should also be signed by a nominator and seconder who should be registered voting delegates.
nominations for the office of President must be sent to the Chief Executive Officer of Free State Agriculture by the affiliate members and the Executive Committee at least 14 (fourteen) days before the Congress. Nominations must be accompanied by information from the nominee indicating his highest qualifications and involvement with organized agriculture and agriculture related organizations. Information of pre-nominated persons must be sent to affiliates along with the Congress agenda. Should no nominations be received, late nominations may be submitted to Congress subject to the decision from Congress to accept them.
if more than one person is nominated, voting is to take place; if a candidate gets an absolute majority, he will be declared as the President elect.
if no person gets an absolute majority, the five (5) persons with the highest number of votes must be placed on a new list of candidates for a further vote, provided that.
10.4.1: if the difference in the number of votes between the person who came second and the person who came third is greater than the total of votes cast for the third person, plus those cast for all further candidates lower down, only two (2) candidates should be placed on the list of candidates, or only three (3) if a similar test is successful in terms of the gap between the third and fourth person, or only 4 (four) if ‘ similar test is successful in terms of the gap between the fourth and fifth person; and 10.4.2: if the maximum of five (5) candidates for the second vote is influenced by even scores, lots will be cast to decide which of the even-scored candidates should be placed on the list of candidates to complete the group of five for the next vote, subject to the test in paragraph 10.4.1 above.
if at the second vote, but also when only five (5) or less candidates were initially nominated, no candidate obtained an absolute majority for election, the one with the least votes (even scores decided by drawing lots) must be eliminated, or more is eliminated if the abovementioned test in paragraph 10.4.1 is successful when applied to the gap between the third and fourth persons, and a further vote should be held.
voting should be repeated as mentioned above until a candidate gets an absolute majority, upon which he should be declared elected; if a strike ballot develops between the last two (2) candidates, lots must be cast.
if the office of President becomes vacant, the Vice-President must fill this vacancy until after the next Congress. In such a case, another Vice-President is elected as stipulated in paragraph 10.8 below.
If the office of Vice-President becomes vacant, the Executive Management must elect a member from its ranks to fill the vacancy until after the next Congress.
In the absence of the President, the Vice-President, who is then invested with all the powers of the President, acts as chairperson. If both are absent, the meeting elects its own chairperson for that meeting.
the procedure at meetings and discussions is left to the discretion of the President. His decision is final, except that it could be rescinded through a majority decision by the meeting.
in all urgent matters, the President (and in his absence, the Vice-President) acts in the interest of Free State Agriculture, provided that:
10.11.1: he should report to the next meeting of the Executive Management; and 10.11.2: he will have the right to acquire the opinions, as he sees fit, of any affiliated member or committee of Free State Agriculture via letter, telephone, email or electronic medium, as circumstances may demand.
the President may, in his discretion, invite or allow representatives from other organisations or any person or persons to attend meetings of Congress or any council or committee and to participate in the discussions. However, such persons are under no circumstances entitled to vote; and
the President, Executive Management or the Management Committee have the right to co-opt any person on any management or committee to provide such management or committee with expert advice.
11. Commodity Organisations
Any National or Provincial commodity organisation operating with a board and committee members in the Free State, may apply to affiliate with Free State Agriculture. Such a commodity organisation will then have the right to serve on the Executive Management as described in section 8.1.3.
Each commodity organisation will be recognised by Free State Agriculture as its authorised mouthpiece (spokesperson) for the relevant commodity group, representing the highest authority within the commodity group; it will have full autonomy in matters concerning the relevant commodity group only, as well as in matters of domestic nature, provided that general matters – as far as it concerns the commodity group, but which could also affect other commodity groups and products – can be discussed by the organisation, after which any forthcoming decisions on the matter should be referred as recommendations to the Executive Management for coordination and further action.
Management and Rules:
Apart from what has already been set down above: 11.2.1: a commodity organisation should have a constitution that must be compatible with this Constitution and for which approval must be obtained from the Executive Management; 11.2.2: the constitution should make provision for congresses, the election of a chairperson and vice-chairperson, composing a committee of its own, as well as meetings of the committee; 11.2.3: the President and Vice-President should be ex officio members of the organisation’s committee, but without voting rights; and 11.2.4: the chairperson of a commodity organisation, and if he is not available the vice-chairperson, and if he is also not available – a member of the committee elected by the committee, will be a member of the Executive Management of Free State Agriculture; and a substitute must also be nominated by a committee of the commodity organisation.
The Executive Management of Free State Agriculture will be entitled to compose committees from time to time, as required by the activities and objectives of Free State Agriculture.
The composition of the committees is determined by the Executive Management from time to time, and each committee will elect a chairperson from its own ranks.
The chairpersons of key committees as determined by the Executive Management from time to time, will serve on the Executive Management.
13. Honorary Members of Free State Agriculture
To accord recognition to any person who provided outstanding services to Free State Agriculture or served Free State Agriculture as President, lifelong honorary presidency may be awarded to such a person, taking into account the following qualifications:
on the recommendation of the Executive Management, such a person should be nominated by the Congress without opposition, after which a certificate bearing this honour will be presented to him at an appropriate occasion.
An Honorary President will be entitled to attend the meetings of the Executive Management and the congresses of Free State Agriculture and to receive the agendas, reports, and minutes of such meetings on request, to participate in the discussions at such meetings and congresses, but will not have voting rights and will also not be able to make or second any suggestions; and
An Honorary President will keep the title for life, unless Congress later withdraws this honour at the recommendation of the Executive Management of Free State Agriculture.
14. Amendment of The Constitution of Free State Agriculture
This Constitution or any provisions thereof may be amended by a Congress or Special Congress convened for this purpose, provided that:
notice of proposed amendments by affiliated members should reach the Chief Executive Officer of Free State Agriculture at least 90 days prior to the date of the Congress. Such proposed amendments must be provided verbatim to indicate how the amended paragraphs should read, and must be accompanied by a full motivation.
the Chief Executive Officer of Free State Agriculture must give notice of the proposed amendments with full details thereof to all affiliated members at least 60 days before the date of the Congress; and
constitution amendments must be submitted to the Commissioner for Internal Revenue to determine tax liability.
A decision to dissolve Free State Agriculture can be taken at a Special Congress if at least two thirds of the registered voting delegates from affiliations present at the meeting vote in favour thereof.
Upon liquidation or dissolution, the remaining assets of Free State Agriculture will, after complying with any obligations, be transferred to another company, society or association with objectives similar to those of Free State Agriculture.
A decision by Free State Agriculture to sever its affiliation with Agri SA can be taken during a Special Congress. At least two thirds of the registered voting delegates present at the meeting should vote in favour thereof.
17. Application and Approval of the Constitution of Free State Agriculture
This Constitution supersedes all previous and will henceforth be recognised as the only Constitution of Free State Agriculture.
The Afrikaans version of this Constitution was APPROVED and ACCEPTED during the CONGRESS of Free State Agriculture held at BLOEMFONTEIN on 7 and 8 AUGUST 2019.