Part III of the Code of the Brotherhood of Blessed Gérard


CONSTITUTION
of the
Brotherhood of Blessed Gérard

(A PUBLIC BENEFIT ORGANISATION OPERATED NOT FOR PROFIT)

DATE OF ESTABLISHMENT 4 December 2001
Addendum to the Canon Law Statutes of the Brotherhood of Blessed Gérard

WHEREAS IT IS DEEMED EXPEDIENT TO ESTABLISH THE LEGAL PERSONALITY OF THE BROTHERHOOD OF BLESSED GÉRARD AS AN UNIVERSITAS PERSONARUM FOR PURPOSES OF THE LAWS OF THE REPUBLIC OF SOUTH AFRICA

NOW THEREFORE THESE THE SIGNATORIES HERETO ESTABLISH THIS CONSTITUTION.

NAME

1      The name of the universitas personarum or association of persons is the Brotherhood of Blessed Gérard.

OBJECTS AND ACTIVITIES

2.     The objects of the Brotherhood of Blessed Gérard are

To carry on activities which are of a philanthropic and benevolent nature, having regard to the needs, interests and well-being of the general public.

To promote and practice the Catholic religion which encompasses acts of worship, witness and community service based on a belief in God and a recognized creed.

LEGAL PERSONALITY

3      The Brotherhood of Blessed Gérard is an aggregate of its members[1] and is an universitas personarum or association of persons.

4      It is a juridical person, being a public benefit organization, of a religious and public nature[2] having perpetual succession,[3] entrusted with the task of fulfilling its objects for the public good.[4]  If even a single member survives, the rights of the aggregate devolve upon that member.[5]

AUTHORITY AND LIMITATIONS

5.     It has the capacity to acquire rights and obligations,[6] and in particular shall, in its name be capable in law of suing and being sued,[7] of investing, lending and borrowing moneys, of purchasing or otherwise acquiring, holding, leasing, hiring, selling, exchanging, alienating, hypothecating any property, movable or immovable[8], 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 Brotherhood of Blessed Gérard 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 Act.

5.2.  The rights and obligations are independent of its members and in particular the ownership of assets vests in the Brotherhood of Blessed Gérard.  Immovable property is registered in the name of the Brotherhood of Blessed Gérard.[9]

5.3   The Brotherhood of Blessed Gérard 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 30 (3)(b)(ii) of the Act.

5.4   The members have no right to the profits of the Brotherhood of Blessed Gérard which are to be used solely for the promotion of its objects.[10]

No donation will be accepted that is prohibited in terms of Section 30(3)(b)(v) of the Act.

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.

In the case that the Brotherhood of Blessed Gérard 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.

MANAGEMENT

6      The President acts in the name of the Brotherhood of Blessed Gérard, or a person authorised to act in his place in his absence.  If the office is impeded or vacant then the Vice-President acts in the name of the Brotherhood of Blessed Gérard.

6.1   The day-to-day management of the Brotherhood of Blessed Gérard is the responsibility of the President 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 the Brotherhood of Blessed Gérard.

6.3   The end of the financial year of the Brotherhood of Blessed Gérard shall be the last day of February.

6.4   The financial transactions of the Brotherhood of Blessed Gérard shall be conducted by means of a banking account.

Decisions of the board council are made by consensus failing which by show of hands.

The Brotherhood of Blessed Gérard 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 the Brotherhood of Blessed Gérard 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 the Brotherhood of Blessed Gérard shall transfer its assets to any similar public benefit organization which has been approved in terms of Section 30 of the Act.

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 PARTIES HERETO HAVE SET THEIR SIGNATURES AT MANDENI ON THIS 4th DAY OF DECEMBER 2001
 

PRESIDENT Father Gérard T. Lagleder O.S.B.

COUNCILLOR Mrs. Clare A. Kalkwarf D.M.

COUNCILLOR Dr. Paul Z. T. Thabethe

COUNCILLOR Mrs. Nokuthula M. Thabethe


[1] cn 114.1

[2] cn  373

[3] cn 120.1

[4] cn 116

[5] cn 120.2

[6] cn 113.2

[7] cns 1281.3, 1400.1.1 & 1480

[8] cns 1255 & 1259

[9] cn 1256

[10] cn 1254.1



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