By law, you need to become a member
According to regulations promulgated on May 13, 2004 under section 32(f) and (i) of the KwaZulu-Natal Tourism Authority Amendment Act, 2002, certain tourism-related enterprises may voluntarily register with Tourism KwaZulu-Natal, if they have not done so already. However, in terms of these regulations, registration is mandatory for enterprises whose primary object is to provide services and facilities to tourists in the province of KwaZulu-Natal.
Your establishment will receive a certificate once you have made the annual payment. This certificate must be framed and visible at your establishment, and a copy must be sent to KZN Tourism when applying for all licences.
THE NEWCASTLE COMMUNITY TOURISM ORGANISATION CONSTITUTION
In this constitution, unless the context otherwise indicates
“NN CTO” means Newcastle Community Tourism Organisation
“Committee” means the NN Community Organisation Committee;
“Year” means a financial year commencing on 1 July
“Region” means the Greater Newcastle area, Newcastle is located in northern KwaZulu-Natal (“KZN”) in the battlefields tourism destination. It is located within the Amajuba District Municipality and is bordered to the south by Dannhauser Local Municipality and to the east by Emadlangeni Local Municipality. The Free State forms the western border and Mpumalanga, the northern border.
Includes Aviary Hill, Schuinshoogte, Signal Hill, Hutten Heights, Pioneer Park, Sunnyridge, Barry Hertzog Park, Amajuba Park, Ncandu Park, Riverside Industrial, Arbour Park, Hilldrop, Equarand, Central, Farleigh, Lenville, Sunset View, Fernwood, Lennoxton, Paradise, Amiel Park, Madadeni and Ozisweni.
Unless inconsistent with the context, words and expression in the masculine gender include the feminine and words signifying the singular number include the plural.
Incorporates all three tiers of government; National Government via SA Tourism; the provincial Department of Economic Development and Tourism (referred to in this Constitutional document as the DEDT); and local government/ local municipalities.
The Secretariat of the NN Community Tourism Organisation constitutes the Chairperson, Vice Chairperson the Secretary and the Treasurer/ Financial officer. The Secretariat may from time co-opt external or additional services to facilitate their functions.
- THE NAME OF THE ORGANISATION
- The name of the organization herein constituted is the “NEWCASTLE COMMUNITY TOURISM ORGANISATION” (hereinafter referred to as the NN CTO
- THE NATURE OF THE ORGANISATION
- The NN CTO is compromised of local people in the tourism businesses and is recognized as the sole body responsible for the promotion and support of tourism in the region, which is defined as the Greater Newcastle Area, stretching from Aviary Hill in the North to Madadeni in the south includes the inland area regions described in the above “Regions” under the heading “Interpretation”
- NN CTO must be a recognized CTO with DEDT and annual membership of the DEDT is mandatory in order to retain the status of a CTO
- The NN CTO is empowered by local government to represent the membership of the CTO to the DEDT
- The NN CTO must be registered with SA Tourism and the CTA (Community Tourism Association) on an annual basis.
- The organization may not give any of its money or property to its members or office bearers, with the exception of reimbursing for expenditure that a member or office bearer has undertaken for legitimate work for the organization.
NN CTO shall
- Exist in its own right, separately from its members
- Be able to own property and other possessions.
- Be able to sue and be sued in its’ own capacity.
- Continue to exist even when its membership changes and there are different office bearers
- THE MISSION STATEMENT
- To maximize and exploit the potential that tourism can offer Newcastle by:
- Representing its individual members at local and provincial level;
- Providing support and strengthening the position of its members in the tourism industry, to the benefit of all members and that of the tourism industry at large.
- By promoting the interests of the previously disadvantaged members of its community through on-going training and internships.
- Assisting all Tourism establishments with the administrative and legal requirements of all Tourism Industry regulations
- Providing a platform and unified voice for all Tourism stakeholders and related businesses in Newcastle
- Taking the necessary steps to protect all objects and places of historic importance and to have such objects and places proclaimed (where applicable to our CTO)
- To maximize and exploit the potential that tourism can offer Newcastle by:
- THE AIMS AND OBJECTIVES
- To promote tourism in the region by means of:
- Effective networking of co-operating businesses operating under the banner of NN CTO to the individual benefit of all its members and all other professional business chambers (Sakekamer, NCCI, NAFCOC, Chinese Chamber etc.)
- To interact with other tourism organisations locally, nationally and if required internationally.
- Supporting public and private sector efforts to promote tourism
- To lobby on behalf of its members by:
- Actively engaging with local government and private sector in a positive spirit of collaboration for the benefit of all its members.
- Collective bargaining for local government services and support.
- Marketing the NN CTO in all spheres of media, including the internet, Facebook, Twitter and YouTube etc.
- Liaising with tourism bodies, government, media, etc. on broad issues concerning the tourism industry for feedback to all members.
- Being part of the provincial body whose business includes decision making on the tourism industry.
- To communicate:
- By maintaining a local tourism Office to provide a full range of tourism information to tourists, local residents and the general public.
- By maintaining all necessary forms of electronic communications and a website for members of NN CTO to promote their interests and those of the region and country as a whole.
- By publishing at least two annual tourism publications applicable to the Newcastle area in which the CTO represents and to have an adequate supply always on hand for distribution.
- By briefing members about matters that affect tourism.
- By networking with other CTO’s and tourism offices locally, provincially and nationally via the Community Tourism Association role- players.
- By listening to members, concerns, needs etc.
- To protect the interests of all members.
- To create a strong Marketing plan for the benefit of its members
- To arbitrate in matters of dispute;
- To protect the confidentiality of the information collected by the CTO, of the members, by all means possible including the electronic protection of its computers and by regular updates of such protection.
- To promote tourism in the region by means of:
- The membership of NN CTO shall consist of the representatives of bona fide tourism businesses which comply with required criteria for membership.
- Application for membership of NN CTO shall be made to the CTO office on a prescribed form by the applicant.
- Termination/ Suspension of Membership
- The NN CTO may terminate the membership of a subscribing tourism business member if that member: a tourism related business
- [B] Fails to resolve disputes with NN CTO.
- [A] No longer support the aim and objective of the NN CTO or is no longer involved in
- NN CTO may terminate individual membership if a member – [B] Places NN CTO in disrepute; [D] Fails to resolve disputes with NN CTO
- [C] Contravenes the code of ethical business and/ or conduct;
- [A] Fails to timorously submit annual subscriptions;
- NN CTO committee shall determine the annual subscription fees.
- All subscriptions shall be due on the first day of July each year and shall be payable within 90 days of date of invoice. Membership and all relevant benefit shall be suspended on nonpayment and will be deemed as resignation by the member.
- The NN CTO financial year shall run from July to June. No refund shall apply to any member terminating, or having his/ her membership terminated, in respect of the financial year in which the membership terminates.
- Any new member admitted after 30 January in any year shall pay one- half of the annual subscription for the current year.
- Any member whose membership has lapsed due to nonpayment of their annual fees shall be so obliged to pay the full membership fee for the year prior to being re admitted as a member.
- On acceptance of application and annually at the commencement of the financial year thereafter, individual members shall be liable for payment of the membership fees in accordance with NN CTO prescribed procedure.
- RESIGNATION,TERMINATION AND READMISSION
- Any member who has paid all his dues and subscription and is otherwise in good standing may only resign his membership by sending to the committee written notice to that effect that their tourism related business has closed and such notice shall become effective immediately on acceptance thereof by the committee.
- No resignation once tended by any member may be withdrawn without the consent of the committee first having been obtained. Any person who has resigned his membership shall be entitled to readmission on proof to the committee that he complies with the conditions of paragraph 5 at the date of his application for readmission.
- Any member of NN CTO, who has had their membership revoked for any reason, will have the right of appeal to the committee for readmission within a period of 30 days from the date of cancellation of their membership. Within a period of 30 days from receipt of the appeal, the committee will consider the circumstances of the membership being revoked. The findings of the committee will be final and renewed membership thereafter will only be possible providing the findings of the committee allow for such renewal and upon compliance with the condition of paragraph 5 at the date of his application for readmission.
- CONSTITUTING THE NN CTO COMMITTEE
- The committee shall comprise the following:
[A] Members shall be determined and nominated by NN CTO at their inaugural meeting
[B] The locally elected municipal management for the region may co-opt members on a formal application process;
[C] Five members elected form the general membership
[D] Three seconded members from within the local business community with a direct interest in tourism (on election and approval by the NN CTO)
- Committee members shall hold office for two years
- Committee member appointments shall be accepted in writing
- committee members shall be eligible for reappointment bi annually
- The committee shall comprise the following:
- COMMITTEE MEETING PROTOCOL
- Notice of meeting and Procedure:
- The inaugural meeting of the “Committee” shall confirm and record the initial committee members. The inaugural committee shall then confirm or appoint a Chairman and Vice Chairman and Treasurer/ Financial officer. Those committee members so appointed shall meet at least once per month at such times and places as it may determine, to consider and approve the minute of the previous meeting and to address the items on the Agenda for the committee meeting under review.
- Once the Chairman has been elected, he shall immediately assume responsibility of the chair for orderly meetings, good governance and leadership thereafter.
- Notices of the date, time and venue for committee meetings shall be sent to all committee members not less than 5 days before the date for the meeting and should always be included in the final paragraph of the minute of the previous meeting.
- The Agenda shall include the notice of the meeting.
- Any committee members or invited delegation wishing to have a matter included on the agenda to be tabled at Committee meetings shall provide written motivation and notice of the subject matter at least 7 days in advance.
- Minutes of the committee meeting are always taken by the secretariat and circulated to the committee within five working days
- The minutes of the meeting of the committee shall only be made available to fully paid up subscribing members on request.
- Annual General Meetings shall be attended by:
a) All duly appointed committee members who shall each have one vote;
b) All fully paid up NN CTO members who shall have one vote;
c) All fully paid up members unable to attend are eligible to be represented by proxy. In such instances a standard proxy form obtainable from the secretary, must be completed, signed and handed to the representing member who in turn must submit it to the secretary prior to the start of the meeting.
- The annual General Meeting of the NN CTO shall be held on a date and at the venue determined by the Committee which date shall not be later than 60 days after the start of the new financial year.
- The business of the Annual General Meeting shall be
- To confirm the appointed Chairman, Vice Chairman, Secretary, Treasurer/Financial officer and committee members for their two years period of committee membership as well as each successive two year period or on an annual basis in the case of resignations from the committee.
- In year two and thereafter, to confirm the minutes of the last Annual General
- To hear and consider the report of the Chairman of the NN CTO for the past year
- To receive and consider and to vote on the result of the audited financial report of the previous year of the NN CTO. This report shall be presented by the CTO treasurer/financial officer.
- The proposed budget for the following year shall be presented by the treasurer/financial officer
- To consider and vote upon any amendment to this Constitution provided that due notice and motivation of such amendment has been given, this notice should be given in writing 30 days prior to the date of the AGM;
- To appoint the Secretary, Treasurer /Financial Officer and Vice Chairman
- To consider, and where necessary, vote upon any other matter on the Agenda for the meeting
- To confirm the appointment of the Auditors or approved Qualified Accountant
- All matters, duly approved by the Chairman, for inclusion on the Agenda before an Annual General Meeting, excluding any amendments to the Constitution dealt with under Rule 7 shall be decided by simple majority vote. The Chairman at the meeting shall have a casting vote.
- In the event of a quorum not present or represented by proxy at a correctly constituted AGM, the committee members present can elect to proceed with the meeting. It may be convened after a short recess of five minutes. If the meeting is re- convened, it would be reconvened under the basis of a quorum being present. The quorum at the meeting shall be those present.
- The minute of the AGM shall be made available to subscribing members via email.
- Special General meetings
- The NN CTO members may request a Special General meeting whenever considered necessary.
- The secretary shall convene a Special General Meeting upon request in writing, of not less than three NN CTO members.
- A special General Meeting shall be permitted to deal only with the matters of business of which notice has been given and in accordance with NN CTO Meeting protocol (7.1)
- Ordinary Committee Meetings
- Ordinary committee meeting of NN CTO shall be held on the date, and at the venue, determined by the Chairman in accordance with Council Meeting Protocol (8)
- the propose of the ordinary meeting shall be address the issues tabled on the Agenda, consider and approve, or disapprove, the business of the NN CTO, address any Resolutions that may be necessary and in particular, facilitate ongoing management of the Information Center.
- Questions arising at a meeting of the committee shall be decided by a majority of votes of members personally present.
- A resolution in writing signed by all the members of the committee shall be as valid and effective as if it had been present at a meeting of the committee
- The quorum for meeting of the committee shall be 50% of committee members plus one.
- Notice of meeting and Procedure:
- POWERS AND DUTIES OF THE NN CTO committee
- NN CTO committee shall, within the constraints of this constitution, do whatever it considers to be conducive to the interest of good corporate governance and to further the aims and objectives of the CTO. Given the nature of the committee business decisions based on consensus are deemed appropriate.
- The committee will manage the organization. The committee will be made up of not less than 5 members. They are the office bearers of the organization.
- Without in anyway limiting the above general powers, the committee shall have the power to
- convene meetings of the NN CTO committee
- Acquire, dispose , to hold, and to have custody of, funds and other moveable property of the association;
- Open banking, saving, and or deposit accounts that shall be operated under joint signatures of two members of the committee
- To receive and accept membership fee’s donations, grants and other moneys;
- Appoint an auditor, or competent persons , to audit the NN CTO records and financial accounts;
- Make, confirm, vary, or terminate, agreements with any other party for furtherance of the objective of NN CTO, under joint signatures
- 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;
- To raise or borrow or secure any sum of money or to secure 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 bond upon all or any of the property of the NN CTO if applicable
- To invest funds of NN CTO or any portion thereof in such securities and in such manner as the committee may from time to time determine and to vary or transpose such investment at its discretion;
- To apply and use funds and income of NN CTO to promote the objective of the CTO tourism office;
- To institute and defend legal proceedings;
- To enter into contracts and to authorize the settling of the terms of and signature of any contract or any other document; under joint signatures
- To interpret any clause of the constitution if any dispute arises as to its meaning
- To co-opt a further two (2) members onto the committee in the interests of promoting the objective of the CTO
- POWERS AND DUTIES OF THE SECRETARIAT
- The powers and responsibility of the Secretary and Treasurer will be to transact the business
- of the NN CTO as delegated to them by the NN CTO committee.
- The secretary and the treasurer shall attend all meetings, where possible and will relinquish
- their right and power should they miss three consecutive meetings, and participate in the proceedings, and shall have voting powers. Good governance, however, shall, for example, preclude a committee member responsible for finances on the Secretariat, voting on approval/ disapproval of financial records.
- The Secretariat shall be responsible for keeping proper records and accounts of the NN
- CTO and shall report to the committee at all committee meetings
- The management of the NN CTO fund, financial budgeting, and financial reporting shall be managed in the interests of the NN CTO.
- determined by the committee and shall be entrusted to the Treasurer/ Financial officer to be
- The financial records of the NN CTO shall be updated on a monthly basis for presentation to the
- committee at their meetings.
- The Financial year shall end on 30th June each year.
- Members or office bearers of the organization do not have rights over things that belong to the
- No paid up member resigning, suspended, or expelled, from affiliation to the
- NN CTO shall have any claim on any funds of the NN CTO.
- Members of the NN CTO committee provided for in this Constitution, acting in good faith, shall or any omission, or other act, done and performed in accordance with the provisions of this
- Constitution. Nor shall they be held personally liable for the liabilities of NN CTO.
- be indemnified by the CTO against all proceedings, costs and expenses incurred by any reason,
- Provided that if any committee member, member, or agent, incurs expenditure not provided the necessary authorization, such persons shall, on request in writing, be held liable to NN CTO
- for in this Constitution, or acts contrary to any lawful resolution taken by NN CTO, or without
- Any NN CTO member, or committee member who/ which fails to comply with any terms of this decided by the committee of the NN CTO
- Constitution, or of any lawful decision of the NN CTO, may be suspended or expelled, as may be
- REPRESENTATION ON CONCILIATION BOARDS
- The NN CTO committee, may decide at any time to apply for a Conciliation Board to deal
- with any relevant dispute in which the CTO may be involved.
- Should the relevant committee so decide, such application shall be made and signed by the
- Chairperson of the applicable committee or his/ her authorized representative.
- The authorized NN CTO representatives at the Conciliation Board shall have full power to
- enter into agreements on behalf of NN CTO
- AMALGAMATIONS AND MERGER
- Should a Special Meeting, by a two –thirds majority, vote in favor thereof, resolve that the aims
- and objectives as described in this Constitution would be better served by amalgamating or merging with any other CTO, such amalgamation or merger shall be affected.
- Any amendment intended to effect any alteration in the Constitution of the NN CTO or its
- objects shall be submitted to the Secretariat in the form of a written notice of motion.
- Alterations to any such amendment may be made at the relevant committee meetings.
- Proposed amendments to the Constitution must be circulated to the members with the notice
- of the Annual General Meeting.
- Amendments to the Constitution of NN CTO or its objects shall require a two-thirds
- majority vote of members present at an Annual General Meeting.
- The Secretariat shall keep the original copy of the Constitution in safe keeping and It shall be
- referred to as the “Founding’’ Constitution. Subsequent amendments to the Constitution shall also be kept in safe keeping by the Secretariat and shall reflect the correct Revision number, date and the amendments made and the voting records applicable to the amendments.
- The NN CTO may be wound up if, at a meeting specially convened for the purpose, not
- less than 50% of the committee plus one vote in favour of its dissolution.
- Should the required vote for dissolution be obtained, the meeting shall appoint a liquidator
- who shall commence liquidation of the assets and liabilities according to common accounting practice, and any laws relating to liquidation.
- When the organization closes down it has to pay off all its debts. After doing this, if there is
- property or money left over it should not be paid or given to members of the organization . It should be given in some way to another local CTO that has similar aims and objectives. The organizations general meeting can decide which CTO it should be.
- The liability of members shall for the purpose of this article, be limited to the amount
- of subscriptions due by them to the NN CTO at the date of dissolution.
- INTERPRETATION OF THE CONSTITUTION
- The responsibility for the interpretation of this Constitution, or any matter arising in therewith, shall be vested in the NN CTO committee and its decision shall be final and binding.
This Constitution was approved and accepted by the NEWCASTLE CTO members.