Fwd: Fw: Nullification of OCA elections of 2017/2018 on constitutional grounds

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Trevor Hughes

Nov 8, 2017, 5:33:40 AM11/8/17
to ilov...@googlegroups.com, ob...@googlegroups.com
Get involved before its too late - here are messages from OCA Chair
Carolyn Neville and Large Developments Sub-committee Leslie London


That web site will be updated shortly with a membership form - to
avoid a repeat of the AGM we would like to see proof of residence of
proof of business ownership - any recent bill or lease should do.


Dear Obs residents

Many of you have been concerned about the way large developments are
changing the face of Obs and have joined in civic actions over the
past few years (signed petitions, or written objections, or helped to
staff petition tables) to express our views. In fact, more than 1400
of you are out there who have signed on to an Obs that is not over-run
by large developments but one in which development reinforces the
things that we value in Obs.

However, this is time for you to do a little more than just indicate
your concern. We need to you be part of the OCA as a member to ensure
the OCA is able to keep a people-centred view of development in the

Our outgoing chair's letter below outlines what happened at our last AGM.
In short, there were elections held in which people who were not
eligible to be OCA members were recruited to vote in particular
candidates on the OCA committee.
This was only possible because the OCA operates in an open fashion
allowing members to sign up at the AGM and participate in elections.
However, that means that people who may want something different for
Obs - for example, an easy ride for developers and development - can
over-run an AGM to elect members favourable to their views.
Without the participation of members like you, there is no obstacle to
a small and well-organised group pushing through a radical change in
the Civic direction.

I am therefore urging you all - if you believe in protecting the
values and approaches developed through the OCA work and through our
Large Development Group - to get yourselves to the Special General
Meeting of the OCA on Tuesday 28th November 2017 at 18h00 at the
Observatory Community Centre, Observatory - to elect a new Committee.

Membership for individuals is R 50 and for businesses is R 250.

Democracy is something that South Africans fought for, at a high
price. But it is also something that needs hard work to ensure it is

So, please attend and please participate




Subject: 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.

Carolyn Neville
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