Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)

Constitution

Constitution of the National Council of Societies for the Prevention of Cruelty to Animals

8. Votes of Members

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(1)Every Member in good standing wishing to be represented at a general meeting of the Council shall lodge with the Council a duly completed delegate/proxy appointment form not less than 96 (ninety-six) hours (unless otherwise specified in the notice of meeting)] before the meeting. The prescribed delegate/proxy appointment form, annexed as “A” hereto, shall be signed by at least two members of the management committee of the Society concerned, by Society resolution which must be attached to the delegate/proxy appointment form.

[Clause 8(1) substituted by section 3 of Constitution of Board Notice 567, GG50164, dated 23 February 2024]

 

(2) At a general meeting only the delegate properly appointed by a Member may vote.

 

(3) A delegate shall have one vote for each Member he/she represents.

 

(4) An ordinary or special resolution is carried if the votes cast by a show of hands on the resolution are in favour of the resolution in accordance with the definitions of ordinary or special resolution. In the event of an equality of votes, for an ordinary resolution, the Chairman of the general meeting shall be entitled to a casting vote in addition to his deliberative vote.

[Clause 8(4) substituted by section 4 of Constitution of Board Notice 567, GG50164, dated 23 February 2024]

 

(5) An ordinary and special resolution put to vote of a meeting is decided on a show of hands unless a secret ballot is demanded.

 

(6) Unless a secret ballot is demanded a declaration by the Chairman that an ordinary or special resolution has been carried, by a specified majority, or lost and an entry to that effect in the minutes of the meeting are conclusive evidence of the votes in favour of or against the resolution.

 

(7) Holding a secret ballot:
(a) A secret ballot may only be demanded in respect of a special or ordinary resolution to amend the rules and/or the constitution.
(b) A secret ballot may be demanded by at least 10 (ten) Members entitled to vote at the general meeting.
(c) A demand for a secret ballot may be withdrawn at any time before the ballot is taken.
(d) A secret ballot must be taken at once when it has been demanded as above.
(e) Two volunteers from the floor shall count the ballots and the Chairman shall confirm the count.

[Clause 8(7)(e) substituted by section 5 of Constitution of Board Notice 567, GG50164, dated 23 February 2024]

(f) Any blank, spoiled or improperly marked ballot paper will not be counted as a vote duly cast.
(g) The result of the secret ballot will be the resolution of the meeting at which the secret ballot was demanded.
(h) The Chairman may determine any dispute about the admission or rejection of a vote.
(i) The Chairman’s determination, will be final and conclusive.

 

(8) An objection to the qualification of a voter may only be raised at the general meeting or adjourned meeting at which the voter tendered its vote. An objection must be referred to the Chairman of the general meeting, whose decision is final. A vote is valid for all purposes unless it is disqualified by the Chairman.

 

(9) Votes by Proxy: The proxy must be a delegate of another Society.
(a) If a Member Society appoints a proxy, the proxy may:
(i) vote on a show of hands;
(ii) demand or join in demanding a secret ballot; and
(iii) vote on a secret ballot.
(b) A proxy may vote or abstain as he or she chooses except where the appointment of the proxy directs the way the proxy is to vote on a particular resolution. If a proxy votes at all, the proxy will be deemed to have voted all directed proxies in the manner directed.

 

(10) A proxy is appointed by a duly completed delegate/proxy appointment form, annexed as “A” hereto:
(a) An appointment of a proxy is valid if the delegate/proxy appointment form is signed by least two members of the management committee of the Society concerned or the Council, making the appointment and a resolution needs to be attached.
(b) A proxy’s appointment is valid at an adjourned meeting.
(c) A proxy may be appointed for all general meetings and/or annual general meetings.
(d) Unless otherwise provided for in the delegate/proxy appointment form, the appointment of the proxy will be taken to confer authority to vote on all motions before the meeting.

[Clause 8(10) substituted by section 6 of Constitution of Board Notice 567, GG50164, dated 23 February 2024]

 

(11) Lodgement of proxy:
(a) The written appointment of a proxy, on a duly completed delegate/proxy appointment form, annexed as “A” hereto, must be received by the Council, at least 96 (ninety-six) hours before the meeting (unless otherwise specified in the notice of meeting to which the proxy relates).
(b) The Council receives an appointment of a proxy when it is received at:
(i) the chosen electronic platform or electronic address specified for that purpose in the notice of meeting.

[Clause 8(11) substituted by section 7 of Constitution of Board Notice 567, GG50164, dated 23 February 2024]

 

[Clause 8 substituted by section 1 of Constitution of Board Notice 223, GG46000, dated 04 March 2022]