Companies Act, 2008 (Act No. 71 of 2008)Schedule 1 : Provisions concerning non-profit companies4. Members |
| (1) | A non-profit company is not required to have members, but its Memorandum of Incorporation may provide for it to do so. |
| (2) | If the Memorandum of Incorporation of a non-profit company provides for the company to have members, it— |
| (a) | must not restrict or regulate, or provide for any restriction or regulation of, that membership in any manner that amounts to unfair discrimination in terms of section 9 of the Constitution; |
| (b) | must not presume the membership of any person, regard a person to be a member, or provide for the automatic or ex officio membership of any person, on any basis other than life-time membership awarded to a person— |
| (i) | for service to the company or to the public benefit objects set out in the company’s Memorandum of Incorporation; and |
| (ii) | with that person’s consent; |
| (c) | may allow for membership to be held by juristic persons, including profit companies; |
| (d) | may provide for no more than two classes of members, that is voting and non-voting members, respectively; and |
| (e) | must set out— |
| (i) | the qualifications for membership; |
| (ii) | the process for applying for membership; |
| (iii) | any initial or periodic cost of membership in any class; |
| (iv) | the rights and obligations, if any, of membership in any class; and |
| (v) | the grounds on which membership may, or will, be suspended or lost. |