Nullification of OCA elections of 2017/2018 on constitutional grounds

Dear OCA members and other interested parties,

Thank you for attending the OCA AGM on Tuesday 31st October 2017.

I urgently request that you take note of the following:-

On subsequent examination/compilation of the membership forms submitted at the meeting, necessary for the right to vote, it has become clear that a number of the individuals who voted at the meeting were not entitled to do so.

In terms of the Constitution of the OCA, the election is, therefore, nul and void.

Specifically, the following are relevant:

1. As stated in section 2.1 of the Constitution:

The area covered by the Observatory Civic Association shall be:

Northern Boundary – Rochester Road and Malta Road
Southern Boundary – Settlers Way
Western Boundary – Devil’s Peak
Eastern Boundary – Alexandra Road

There are individuals and businesses who submitted membership forms that reside outside of these boundaries.

2. As stated in section 7.1 of the Constitution:

Membership shall be open to all residential property owners and tenants of property in Observatory, and who are over the age of 18. Such membership shall be in one of the following categories:

· Individual resident
· Student resident (with student card)
· Pensioner
· Business owner

There are individuals who submitted membership forms that record a business as their address. Such individuals must own the business at that address, and must pay the business subscription of R250. Each business can only be represented by one person. The Constitution does not allow for employees of a business to become members of the Observatory Civic Association. If an employee is a resident of Observatory, they can join as an individual. If, however, a business owner or business executive manager nominates an employee to represent the business on his or her behalf, this should be done in writing by naming a person (singular) to represent the business at the OCA.

The Constitution is available for inspection, as are copies of the registration forms submitted on the 31st of October.

A new election will, therefore, have to be held. Since the election of the 31st of October was unconstitutional, then the office bearers elected in 2016 remain responsible for the management of the OCA until this has been done.

This election will take place on Tuesday 28th November 2017 at 18h00 at the Observatory Community Centre, Observatory. As per the Constitution, 14 days written notice will be given and an agenda will be sent to all eligible members. New members will be accepted before the meeting, if accompanied by proof of residence within the OCA area.

The OCA office bearers also propose that for this election, nominations should preferably be submitted in advance (by 25th November 2017), in writing, with evidence that the nominee is a paid-up member. Nominations should further be accepted by the nominee in writing. Nominations made at the AGM, from the floor, will still be accepted provided the nominee and nominator are bona fide members.

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