Dates of amendments of this Constitution:
13 November 2003
2 April 2009
16 April 2009
PBO Reference No. 18/11/13/2777
CONSTITUTION FOR BLESSED GÉRARD’S CARE CENTRE
WHEREAS Blessed Gérard’s Care Centre (“the Organisation”) was founded in Mandeni by the Brotherhood of Blessed Gérard and is owned by the Brotherhood of Blessed Gérard. (“the Owner”)
AND WHEREAS the Owner wishes to divest itself of the business of the Organisation and transfer it to a separate legal persona
AND WHEREAS the land on which the Organisation will operate is dedicated to the Brotherhood of Blessed Gérard
AND WHEREAS the Owner intends that the Organisation operates as a public benefit organisation
AND WHEREAS it is deemed expedient to constitute the Organisation with legal personality as an universitas personarum for purposes of the laws of the Republic of South Africa
NOW THEREFORE THESE THE SIGNATORIES HERETO ESTABLISH THIS CONSTITUTION.
1 The name of the universitas personarum or association of persons is Blessed Gérard’s Care Centre.
OBJECTS AND ACTIVITIES
2. The objects of Blessed Gérard’s Care Centre are
2.1. The care and counselling of abandoned, abused, neglected, orphaned and homeless children.
These activities are run as “Blessed Gérard’s Children’s Home”
2.2. The care and counselling of poor and needy persons where more than 90 per cent of those persons to whom the care or counselling are provided are over the age of 60.
These activities are run as “Blessed Gérard’s Friendship Club”
2.3. The prevention of HIV infection and the distribution of information relating to HIV and AIDS.
These activities are run as “Blessed Gérard’s AIDS education programme”
2.4. The provision of health care services to poor and needy persons, the care or counselling of terminally ill persons or persons with a severe physical or mental disability, and the counselling of their families in this regard, the prevention of HIV infection, the provision of preventative and education programmes relating to HIV/AIDS, the care, counselling or treatment of persons afflicted with HIV/AIDS, including the care or counselling of their families and dependants in this regard and the provision of primary health care education.
These activities are run as “Blessed Gérard’s Hospice”
2.5. Training for unemployed persons with the purpose of enabling them to obtain employment.
These activities are run as “Blessed Gérard’s Community Development Centre”
2.6. The provision of educare or early childhood development services for pre-school children.
These activities are run as “Blessed Gérard’s Pre-Primary School & Crèche”
2.7. The provision of health care services to poor and needy persons.
These activities are run as “Blessed Gérard’s Malnutrition Clinic”
2.8. The rescue or care of persons in distress.
These activities are run as “Blessed Gérard’s First Aid & Emergency Service”
2.9. The provision of disaster relief.
These activities are run as “Blessed Gérard’s Disaster Relief Project”
2.10. The provision of poverty relief.
These activities are run as “Blessed Gérard’s Bursary Fund”, “Blessed Gérard’s Poor Sick Fund” and “Blessed Gérard’s Relief Fund”
3. Blessed Gérard’s Care Centre is an aggregate of its members and is an universitas personarum or association of persons.
4. It is a juridical person, being a public benefit organisation, of a religious and public nature having perpetual succession, entrusted with the task of fulfilling its objects for the public good. If even a single member survives, the rights of the aggregate devolve upon that member.
AUTHORITY AND LIMITATIONS
5. It has the capacity to acquire rights and obligations, and in particular shall, in its name be capable in law of suing and being sued, of investing, lending and borrowing moneys, of purchasing or otherwise acquiring, holding, leasing, hiring, selling, exchanging, alienating, hypothecating any property, movable or immovable , burdening such property with a servitude or otherwise conferring any real right therein and generally, without in any way being limited by or restricted to the powers specified above, of entering into all other contracts, and of doing or performing such acts and things as bodies corporate may by law do or perform.
5.1 The activities of the association are carried on in a non-profit manner and with an altruistic or philanthropic intent. Blessed Gérard’s Care Centre shall not carry on any business undertaking or trading activity otherwise than to the extent that it conforms to Section 30(3)(b)(iv) of the Income Tax Act.
5.2. The rights and obligations are independent of its members and in particular the ownership of assets vests in Blessed Gérard’s Care Centre. Immovable property is registered in the name of Blessed Gérard’s Care Centre.
5.3 Blessed Gérard’s Care Centre may not distribute any of its funds to any person (otherwise than in the course of undertaking any public benefit activity) and it shall use its funds solely for the object for which it has been established or to invest such funds in terms of Section 18A of the Act.
5.4 The members have no right to the profits of Blessed Gérard’s Care Centre which are to be used solely for the promotion of its objects. No activity will directly or indirectly promote the economic self-interest of any fiduciary or employee of the organisation otherwise than by way of reasonable remuneration.
5.5. No donation will be accepted which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility thereof in terms of section 18A: Provided that a donor (other than a donor which is an approved public benefit organisation or an institution, board or body which is exempt from tax in terms of section 10(1)(cA)(i),which has as its sole or principal object the carrying on of any public benefit activity) may not impose any conditions which could enable such donor or any connected person in relation to such donor to derive some direct or indirect benefit from the application of such donation.
5.6 No remuneration will be paid to any employee, office bearer, member or other person which is excessive having regard to what is generally considered reasonable in the sector and in relation to the service rendered.
5.7 In the case that Blessed Gérard’s Care Centre provides funds to any public benefit activity, reasonable steps will be taken to ensure that the funds are utilized for the purpose for which it has been provided.
6 The Director acts in the name of Blessed Gérard’s Care Centre, or a person authorised to act in his place in his absence. If the office is impeded or vacant then the Vice-Director acts in the name of Blessed Gérard’s Care Centre.
6.1 The day-to-day management of Blessed Gérard’s Care Centre is the responsibility of the Director and those office-bearers designated to such responsibility in terms of the Canon Law Statutes of the Brotherhood of Blessed Gérard; the office bearers constitute a council.
6.2 The council shall have at least three members, who are not connected persons in relation to each other and who accept the fiduciary responsibility of Blessed Gérard’s Care Centre. No single person directly or indirectly controls the decision making powers relating to the organisation.
6.3 The end of the financial year of Blessed Gérard’s Care Centre shall be the last day of December.
6.4 The financial transactions of Blessed Gérard’s Care Centre shall be conducted by means of a banking account.
6.5 Decisions of the council are made by consensus failing which by show of hands.
6.6 Blessed Gérard’s Care Centre will, within such period as the Commissioner may determine, register in terms of the Non-Profit Organisations Act No 71 of 1997 and comply with any other requirements imposed in terms of that Act.
AMENDMENT & DISSOLUTION
7. The Constitution may be amended by decision of the persons responsible for the management of Blessed Gérard’s Care Centre and described in Clause 6 here above.
7.1 A copy of amendments to the constitution will be submitted to the Commissioner for the South African Revenue Services.
7.2 On dissolution of Blessed Gérard’s Care Centre the remaining assets must be transferred to -
APPLICABILITY OF CANON LAW
8. The Code of Canon Law being an English translation of the Codex Iuris Canonici and approved by the Episcopal Conference of Southern Africa in accordance with n3 of the norms issued by the Cardinal Secretary of State on 28 January 1983 is incorporated as amended into this Constitution. Should a Court in South Africa be required to adjudicate upon any matter to which the Code of Canon Law is or may be relevant, then such Court shall apply South African Law thereto.
9. This Constitution is to be read with the Canon Law Statutes of the Brotherhood of Blessed Gérard to which it is an addendum. Should there appear any conflict between this Constitution and the said Canon Law Statutes, the latter shall prevail.
In witness whereof the office bearers have set their signatures at Mandeni on this sixteenth day of April 2009
Father Gérard T. Lagleder O.S.B.
Dr. Paul Z. T. Thabethe
Mrs Nokuthula M. Thabethe
Father Siphosenkosi Titus
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