Constitution

7. POWERS OF THE EXECUTIVE COMMITTEE

(a) In managing the affairs of the Institute the Executive Committee shall be entitled to exercise all the powers of the Institute except such powers as are expressly reserved by the provisions of this Constitution to the Institute in general meeting.
(b)

Without in any way limiting the scope of its powers as generally described in paragraph (a) hereof and in addition to powers given to it elsewhere in this Constitution or the by-laws, the Executive Committee shall have power in the name of and on behalf of the Institute:

(i) to receive and accept donations, grants and other money;

(ii) to purchase or otherwise acquire, take on lease or hire, exchange, improve, sell, mortgage, pledge, let, dispose of or otherwise deal in property of any description whatsoever;

(iii) to raise or borrow or secure any sum of money or the performance of any obligation in such manner and upon such terms and conditions as it deems fit and, in particular, by the execution of mortgage or notarial bonds or the issue of debentures or debenture stock charged upon all or any of the property of the Institute;

(iv) to invest the funds of the Institute or any portion thereof in such securities and in such manner as the Executive Committee may from time to time determine and to vary or transpose such investments in its discretion;

(v) to open and operate banking accounts and savings accounts with registered banking institutions and registered building societies;

(vi) to apply and use the funds and income of the Institute to promote the objects of the Institute;

(vii) (to institute and defend legal proceedings;

(viii) to appoint and remove any person as an officer, contractor, administrator, supplier or employee of the Institute and to determine his designation, duties, salary and other terms of employment;

(ix) to pay reasonable travelling subsistence and other expenses incurred in connection with the affairs of the Institute by any members of the Institute or its Executive Committee or any officer or employee of the Institute;

(x) to enter into contracts and to authorise the settling of the terms of and the signature of any contract or any other document;

(xi) to interpret any clause of the Constitution or by-laws if any dispute arises as to its meaning, such interpretations being binding on the members of the Institute if accepted by not less than 66% of the members of the Executive Committee or their alternates;

(xii) to prescribe the form of the instrument appointing a proxy; and

(xiii) generally to do whatever the Executive Committee deems necessary to enable it to carry out the objects of the Institute and to exercise the powers and to perform the functions and discharge the duties given to or imposed upon it in terms of this Constitution.

(xiv) (xiv) to the extent that such powers would not be in conflict with or contrary to other provisions this Constitution, the Executive Committee and its members shall have plenary powers to enable them to realise the objects of the Institute, including, without detracting from the generality of the aforegoing, the powers, mutatis mutandis, stated in Schedule 2 of the Companies Act, 1973, provided further that the Executive Committee and its members shall not have the power to carry on any trade, acquire immovable property for purposes of deriving rental income, or engage in any speculative transactions.

An adaptation of Schedule 2 of the Companies Act (Act 61 of 1973) is attached marked Annexure "A".



(c) (c) A Executive Committee member shall be entitled to contract with the Institute, or with any body in which the Institute has a direct or indirect interest, and as a Executive Committee member he may vote on such contract and on any other matter in which he may have a direct or indirect interest, provided that before doing so he shall disclose the nature and extent of his interest to the other Executive Committee members.


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