Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 4 : General Meetings

28. General meetings

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(1)Subject to the constitution of a co-operative and this Act, a member of a co-operative may attend a meeting of the co-operative by means of a telephonic, electronic or other communication facility, if this facility permits participants to communicate adequately with each other during the meeting.

 

(2)A person participating in a meeting as contemplated in subsection (1) is deemed to be present at the meeting.

 

(3) If provided for in the constitution of a co-operative, a member of that co-operative may at any time appoint another member of the co-operative as a proxy to participate in and vote at a general or special meeting on behalf of the member concerned: Provided that the member may not appoint more than one proxy to exercise that member’s voting rights.

[Section 28(3) inserted by section 25 of Notice No. 558, GG 36729, dated 5 August 2013]

 

(4)A proxy appointment—
(a)must be in writing, dated and signed by the member;
(b)must clearly set out the details of the vote to be cast on behalf of the member in respect of each decision on the agenda; and
(c)remains valid for the period expressly set out in the appointment, unless it is revoked in writing by the member concerned prior to the meeting.

[Section 28(4) inserted by section 25 of Notice No. 558, GG 36729, dated 5 August 2013]

 

(5)The number of votes by proxy during any general or special meeting may not exceed 25 per cent of the total membership of the co-operative concerned: Provided that—
(a)the number of proxies that a member of a co-operative with 20 members or more, may carry on behalf of another member or other members as contemplated in subsection (3), may not exceed five per cent of the total membership of the co-operative concerned; and
(b)a member of a co-operative with less than 20 members may carry only one proxy on behalf of another member as contemplated in subsection (3).

[Section 28(5) inserted by section 25 of Notice No. 558, GG 36729, dated 5 August 2013]