DWCA Constitution

In this Constitution, all words signifying the singular shall include the plural and vice versa; and unless the context otherwise expresses, the following expressions shall have the meanings indicated:

• “Association” shall mean the De Waterkant Civic Association (DWCA)

• “Council” shall mean the City of Cape Town Council, the Good Hope Subcouncil also referred to as Subcouncil 16, or other such authority.

• “Member” shall mean fully paid-up member of the DWCA.

• “Chairman” shall mean chair or chairperson of the DWCA.

• “MC” shall mean the Management Committee.

• The “Area” is defined in 4 below.

• “General Meetings” means meetings that are open to the DWCA membership and invited guests

• “MC meetings” mean working meetings of the management committee

The name of the Association shall be DE WATERKANT CIVIC ASSOCIATION, hereinafter referred to as DWCA. 

a) The DWCA is liable only for its own debts and any assistance granted to any person or body, whether corporate or uncorporated, shall not render it liable for the debts of such person or body.

b) The Association is a “universitas personarum”, an independent legal persona or entity, distinct from the individuals who comprise it, and having the capacity of acquiring rights of property, or incurring obligations and of suing or being sued in its own name and having perpetual succession, and neither members nor the MC shall be answerable for the debts or engagements of the Association.

c) The Chair and MC members shall not be personally liable for any loss suffered.

d) The liability of each member shall be limited to their subscription and to any other debt owing by such member to the DWCA.

Without limiting consideration of matters affecting the Area, the activities of the DWCA shall be bounded by the area of De Waterkant “Village” which is bounded within Prestwich Road to the north; within Strand Street to the south; within Buitengracht Street to the east; and within Boundary Road to the west. This is referred to herein as “the Area”. 

The objects of the DWCA shall be:

a) To continue to strive for the preservation, improvement and upgrading of the De Waterkant area, and to maintain the heritage and historic nature of the conservation area referred to as De Waterkant, the heritage protected area including the Loader Street Protection Overlay Zone.

b) The DWCA in this context has a particular responsibility, through the prism of heritage, to provide input and exercise our area oversight in the application and review of proposed building alterations, developments, planned developments and structures in and adjacent to the Area.

c) To increase public awareness of the historical value and the significance of De Waterkant in the context of the city of Cape Town.

d) To oppose any matter deemed detrimental to the area, and to areas adjacent to it.

e) To work closely with the civic associations in adjacent areas, and other organisations, in matters affecting our common interests.

f) To keep itself acquainted with the affairs of the Council, and particularly with matters which affect ratepayers and/or residents.

g) To advance and safeguard the interests of owners and occupiers of properties within the area, and to work for the preservation of the character of the area;

h) To work for the establishment of a responsible, civic-minded and law-abiding community, and its subsequent maintenance in the area.

i) To stimulate public interest in local government bodies, and to create civic pride.

j) To actively pursue fund-raising opportunities and to seek sponsorships wherever possible to facilitate the achievement of the above objectives.

k) The DWCA shall not actively promote the interests of any political party.

The Chair may commence with legal proceedings and depose to an affidavit on behalf of the DWCA, and/or may authorise a member of the management committee and/or the legal representatives of the DWCA to depose such an affidavit, in order to advance and safeguard the interests of owners and occupiers within the area, should:

a) the interests of the owners and occupiers be prejudiced by delaying legal procedures until the Chair and/or a member of the MC and/or the legal representatives of the DWCA are duly authorised by a properly constituted meeting; and provided

b) a quorum of the MC members have authorised the Chairman, and/or a member of the MC, and/or the legal representatives of the DWCA in writing (including e-mail) to commence with legal proceedings and to depose an affidavit. Such minuted authorisation shall be circulated to the full MC via email.

Membership shall be open to any person, including any juristic person, who is resident in the Area or a ratepayer of the Area or who owns or leases property or a business which is situated in the Area. Membership shall become effective on payment of the annual subscription.

The exception to this is that the MC may not comprise any members who are commercial developers in the Area, in the business of commercial development, or are generic developers (other than their private households). 

a) The DWCA subscription is a fixed annual amount. It shall be payable in advance of the Annual General Meeting in March of each year, irrespective of when the application for membership is submitted and subscription paid.

b) The membership fee may be amended from time to time by the MC.

Membership of the DWCA may terminate:

a) at any time upon the submission of a written resignation addressed to the Secretary. There will be no refund of subscriptions.

b) when any subscription is in arrears for more than 30 days.

c) any member who in the opinion of the MC gives the DWCA a bad name may either be suspended by the MC for such period as it may determine, or may be expelled from the DWCA.

d) Written notice of suspension or expulsion shall be given to the member concerned.

a) At each AGM, a MC of seven to ten members shall be elected. The process for this is as follows:

• • Proposed members must be nominated by at the latest seven days before the AGM. This nomination should include an introduction of the nominee along principles that will be shared at such time.

  • The MC reserves the right additionally to interview any nominee.

  • Seven days prior to the AGM, the nominations are closed, and will be made available on the DWCA website for review by voting members.

  • At the AGM, the nominees for MC will be seconded and voting will take place.

b) The voting shall take place by a show of hands or by any digital means, or by ballot if so demanded by a majority of those present.

c) The MC shall elect from their own body the Chair, Deputy Chair, Secretary and Treasurer.

d) The MC shall have the power with a quorum plus one to co-opt new members to the MC. They will be ex officio members.

e) The MC shall have the power to elect sub-committees from its members to deal with such matters as it may delegate in terms of the Constitution. The Chairman of the MC shall, ex officio, be a member of all sub-committees. The convenor of any sub-committee shall be appointed by the MC.

f) The MC shall meet regularly with a minimum of ten meetings a year, including MC meetings, General meetings, and meetings conducted digitally. A quorum of such meetings shall be 50% plus 1 of MC members.

g) Any member of the MC who fails to attend three consecutive meetings without acceptable leave of absence shall forfeit office at the discretion of the committee. The vacancy shall then be filled by the MC.

h) Any member of the MC may at any time convene a special meeting of the MC.

i) The MC may make rules governing the procedure for conducting the affairs of the DWCA. paragraph

No member of the Association shall exercise a vote unless they are in good standing.

a) The Chair shall be responsible for the observance of the Constitution governing the DWCA and shall conduct all meetings within its framework under the general rules of debate.

b) The Secretary shall be responsible for keeping a record of all business conducted at both MC and General meetings, shall receive all correspondence on behalf of the DWCA and shall send such letters in reply as the MC may deem necessary. They shall also manage the sending out of notice of all meetings of the Association; and must ensure that the head and local representatives of the CID and Councillor(s) for the area is/are provided with a copy of the minutes of all the meetings held by the DWCA, as well as given timeous notice of all General meetings.

c) The Treasurer shall be responsible for keeping such books and records of the financial affairs of the DWCA as the MC may direct. In addition, they shall collect all subscriptions due by members. They shall bank all monies in a financial institution nominated by the MC. They shall present financial statements at every MC meeting.

a) Except in exceptional circumstances, such as a National State of Disaster, the AGM of the DWCA should be held in the month of March; and General meetings at such times as the MC may deem necessary.

b) The quorum at all General meetings shall be 10 members. In the event of there not being a quorum at a duly convened General meeting, the meeting shall be adjourned for not more than one month. Members shall again be given notice of such a meeting and at such subsequent meeting, the members present that are entitled to vote shall constitute a quorum.

c) Special General meetings shall be called by Chair on receipt of a written request from a quorum of the MC or on receipt of a requisition signed by no less than 10 members.

d) Members shall be advised by e-mail at least 10 clear days prior to the date of all general meetings, and an agenda of the business to be transacted shall appended at the same time.

e) All General meetings shall be open to the public and the Press except when decided otherwise by the MC or the governing authority.

f) The Chair, or their nominated substitute, shall preside at all general meetings.

g) The AGM of members of the DWCA shall deal with the following matters:

• • To confirm the minutes of the previous AGM and all special general meetings held since;

  • To consider the annual report of the Chairman

  • To consider the annual financial statement

  • To elect the Management Committee

  • To appoint an accounting officer for the ensuing year

  • To consider any business of which due notice has been given

  • General

a) The financial year-end of the DWCA shall be the last day of February.

b) All funds drawn against the account of the DWCA shall be authorised by the Chairman and/or Treasurer together with any MC member.

c) A balance sheet and a revenue and expenditure account for the preceding financial year shall be submitted to the AGM.

a) Alterations or additions to this Constitution may only be made by a vote of two-thirds of the members present at a General or Special General meeting of the DWCA.

b) Not less than 10 days’ written notice of all proposed alterations or additions shall be given to members.

c) Notice of any proposed alterations or additions to this Constitution by a member must be given in writing addressed to the Secretary/Treasurer at least 30 days before any general meeting, and the MC shall submit its recommendations thereon to such general meeting.

The following Rules of Conduct shall be observed by all members and office bearers of the DWCA:

a) Members must at all times conduct themselves at meetings in a dignified and orderly manner. Any member who persists in conducting himself/herself inappropriately must leave the meeting immediately when so instructed by the Chair and deputy Chair.

b) All members and/or Office Bearers shall comply with the aims and objectives and the Constitution of the Association.

c) No member and/or Office Bearer shall influence or attempt to influence the DWCA in its consideration of a decision on any matter before it so as to gain some direct or indirect benefit, whether in money or otherwise for himself or herself or any other person or body with whom or which he or she is associated.

d) No member and/or Office Bearer of the DWCA directly or indirectly may accept any gift, reward or favour, whether in money or otherwise, as a consideration for voting in a particular manner on any matter before the DWCA.

The DWCA may enter into partnership or amalgamate with any entity or association with the same or similar objectives. The movable property of the DWCA may be sold and the DWCA wound up, or reconstructed, by the resolution of the majority of not less than 66% of the votes of the members present in person at a Special General Meeting; provided, however, that there is not less than thirty (30) days’ special notice of the meeting to consider such question of partnership, amalgamation, winding up or reconstruction; and that such notice clearly sets forth the objectives of the meeting and provides further that not less than 20% of members eligible to vote shall be present at any such meeting.