Constitution

THE CLAREMONT MAIN ROAD MOSQUE

CONGREGATION
CONSTITUTION – MAY 1995
As Amended – May 2006
As Amended – March 2012
1.       NAME
1.1  The name shall be “THE CLAREMONT MAIN ROAD MOSQUE CONGREGATION”,                 
(hereinafter referred to as the “Congregation”).
2.       LEGAL STATUS
2.1  The Congregation shall be a body corporate, having a separate legal persona with perpetual
succession. All property held by it shall be its exclusive property, and its administration shall be handled in
terms of the general and specific rules ofWaqf and no Member shall have any claim thereto.
2.2. Members or office bearers of the organisation shall have no claims or rights of whatsoever nature in
respect of any moveable or immovable property or any other assets of the organisation by virtue of either
such parties’  membership of the organisation or by their appointment as office bearers thereof.
3.       HEADQUARTERS
3.1  The Headquarters of the Congregation shall be in Cape Town.
4.       OBJECTS
4.1  The objects and purposes for which the Congregation is constituted is to propagate Islam by the
provision and maintenance of a central organization for the promotion of efficiency, progress, welfare,
knowledge and general development among persons engaged or employed in the promotion and
furtherance of Islamic ideals, whether Members of the Congregation or not and in particular:
(a)   To publish a journal and any other matter considered desirable by the Board of the Congregation;
(b)   To form a library for Members of the Congregation and others;
(c)   To promote communication between Members of the Congregation and others through organised
education and social functions;
(d)   To affiliate to or associate with such other Mosque Congregations, Muslim Grouping or other bodies
as may in the opinion of the Board of the Congregation be considered beneficial to the interests of the
Congregation;
(e)   To collect and work with bodies of expert opinion on the law and practice relating to all things related
to or connected with Islam;
(f)   To attend to the general upkeep and maintenance of the Mosque donated under the Deed of Transfer
dated 3rd November 1854;
 (g)  To purchase, rent, hold and dispose of any land, building or other property, movable or immovable,
for the advancement of the objects of the Congregation;
(h)   To do all such other lawful things as are incidental or conducive to the attainment of the above
objective or any of them.
5.       INCOME AND PROPERTY
5.1  The income and property of the Congregation shall be applied solely towards the promotion of the
objects of the Congregation, and the Congregation shall not engage in any transaction with a view to the
profit of its Members.
5.2. No Members shall make a profit out of its membership except in the case of and as a salaried Officer
of the Congregation.
5.3  Any profit from such trade, business or other transaction shall accrue to the Congregation as a whole
or any specific part thereof.
5.4  Except for the immovable property, all property and funds of the Congregation shall vest in the Board
of Governors, and the government control of the Congregation and its property, affairs and business shall
likewise be vested in the Board, subject to the provisions of these clauses and to the Bye-laws of the
Congregation.
5.5  Immovable property shall be vested in the Trustees, who shall be members of the Board.
5.6  Subject to these conditions, the Board shall have power to make, revoke and vary regulations for the
conduct of the business and affairs of the Congregation and the Board, to appoint Committees and to
delegate to any such Committee such of its powers as it may deem expedient.
6.       ADMINISTRATION
6.1  There shall be a Board of Governors of the Congregation consisting of such Officers and Members
and on such terms as the Bye-laws for the time being of the Congregation shall prescribe.
6.2  The Board may act notwithstanding that by reason of any casual or other vacancy its Constitution
may temporarily not comply with such Bye-laws.
6.3  There shall be a Board of Trustees consisting of Members of the Board elected amongst themselves
in terms of the relevant Bye-laws who will be responsible for the effective administration of the immovable
property of the Congregation.
7.       ANNUAL GENERAL MEETING
7.1  In every year a General Meeting of the Congregation shall be held at such time and place as may be
appointed by the Board for the time being.
7.2  Such meeting shall be and is herein called the Annual General Meeting.
7.3  The business to be transacted at the Annual General Meeting and the method of conducting the
same shall, subject to these provisions, be prescribed by the Byelaws for the time being.
8.       CONGREGATION AND MEMBERSHIP
8.1  The Congregation shall consist of Members and Honorary Members and Trustees as defined in the
Bye-laws.
8.2  The Congregation shall have Officers, with such functions, tenure, and terms of office and such
employees as may be prescribed by or pursuant to the Bye-laws.
8.3  The Board shall have the power to decide conclusively in respect of each person proposed for or
seeking election as a Member, Honorary Member, Officer or employee of the Congregation.
8.4  All Members of the Congregation shall, subject to any restriction imposed by the Bye-laws for the
time being of the Congregation, be entitled to be present and vote at any Annual General Meeting and
other General Meeting and take part in the discussion of business thereat.
9.       BYE-LAWS
9.1  Unless and until rescinded or varied in accordance with the next following Article, the Bye-laws
appended hereto shall constitute the Bye-laws of the Congregation.
9.2  The Board, or the majority of the Members thereof actually present and voting at any duly convened
Meeting, shall have power from time to time to make such Bye-laws of the Congregation as are consistent
with this Constitution or to revoke, alter or amend any existing Bye-laws.
9.3  Provided that no such Bye-law, revocation, alteration or amendment shall take effect until it has been
submitted to and approved either in its original or a modified form by an Annual General Meeting or a
Special General Meeting of the Congregation with respect to which notice in writing has been given to the
Secretary of the Board that such Bye-laws, revocation, alteration or amendment will be considered.
10.     AMENDMENTS TO THE CONSTITUTION
10.1   The Constitution of the Congregation shall be altered only by a Resolution of which at least thirty
(30) days notice shall have been given and which shall have been passed by two-thirds (2/3) of the
Members present and voting at a General Meeting.
11.     DISSOLUTION
11.1   In the event that the Claremont Main Road Mosque Congregation has to be dissolved, such
dissolution shall only be effective if two-thirds (2/3) of the members of the Congregation vote in favour of
the dissolution at a meeting that has been specifically called for such a purpose.
12.     TRANSFER OF ASSETS
12.1   In the event of a dissolution, any assets remaining after all liabilities have been paid, are to be
donated to another organisation with similar objectives as the Claremont Main Road Mosque
Congregation. The organisation to receive the donation shall be decided on at the same meeting that has
been convened for the dissolution.
THE CLAREMONT MAIN ROAD MOSQUE
CONGREGATION
BYE-LAWS
1.         DEFINITIONS
The words in these Bye-laws have the same meaning as in the Constitution and references herein to
Members, Honorary Members, Trustees and Meetings are to be construed as having reference to
Members, Honorary Members, Trustees and Meetings of the Claremont Main Road Mosque
Congregation and in the interpretation of these Bye-laws the following words and expressions shall have
the following meanings, unless such meaning is excluded by the subject or context:
(a)    “The Bye-laws” means the Bye-laws of the Congregation for the time being.
(b)    “The Board” means the Board for the time being of the Congregation as constituted pursuant to the
provisions of the Constitution and the Bye-laws.
(c)    “The Trustees” means the Trustees for the time being of the Congregation as constituted pursuant
to the provisions of the Constitution and the Bye-laws.
(d)   “General Meeting” includes Annual General Meeting and Special Meeting.
(e)   “Special Resolution” means a resolution (whether proposed as a “Special Resolution” or not)
passed at a General Meeting convened with notice of such resolution, by a majority of not less than two-
thirds (2/3) of the voting Members present and voting, or in the case of a poll by a majority of not less than
two thirds (2/3) of the Members whose votes shall have been allowed.
(f)   “Month” means a calendar month.
(g)   The masculine gender includes the feminine gender and singular includes plural and vice versa.
(h)   “In writing” means written, printed, typed or produced by any other substitute for writing or partly
one and partly another.
2.       MEMBERS
2.1  HONORARY MEMBERS : shall be those persons whom the Board may elect as such at a Meeting of
the Board of which one month’s notice in writing shall have been given to each Member of Board with the
names of persons to be so elected. Such Honorary Members shall be entitled to the ordinary privileges of
membership, except the right to vote or take part in the management or the affairs of the Congregation.
2.2  MEMBERS : shall be those persons who have by application on the Form prescribed by the Board
from time to time and whose proposal has been accepted for membership and admitted as such in
accordance with the provisions of Bye-law 5 (except an Honorary Member).
3.       RIGHTS OF MEMBERS
3.1  All Members and Honorary Members of the Congregation shall, subject to any restrictions which may
be imposed by the Bye-laws, be entitled to be present at all the General Meetings of the Congregation
and to take part in the discussion of business, and to such other rights as may be conferred upon them by
the Constitution, the Bye-laws and any regulations made hereunder.
3.2  Members shall not be eligible for election to the Board or as an Officer or appointment as a proxy for
a Member of the Board if such Member has not been admitted as a Member for a consecutive period of at
least two years (2) immediately prior to the date of such proposed election. 3.3 Honorary Members shall
have no vote.
4.       REGISTER OF MEMBERS
4.1  A Register of Members and Honorary Members of the Congregation shall be kept by the Secretary.
The Register shall contain such information as the Board may determine.
5.       SUBSCRIPTION AND FEES
5.1  All members of the Congregation whose names shall appear in the Register of Members shall be
individually liable for such subscriptions and fees, as may be fixed in terms of Bye-law 19.
5.2  Members shall be required to pay such subscriptions on due date but in any event not later than six
(6) months of the date on which they are due. Any fee levied by the Board as an enrolment fee shall be
payable as a pre-condition to the rights of membership being conferred on any person who has applied
for and who has been granted admission to the Congregation membership.
5.3  The Board shall have the power, in cases of ill-health, misfortune or indigence to remit part or all of
any fees as may be payable in terms of Bye-law 5 and 19.
5.4  Except as herein provided, any Member who has failed to pay the prescribed fees in terms of Bye-
law 19 within six (6) months of them becoming due shall have his name removed from the Register of
Members referred to in Bye-law 4 and shall forthwith cease to have any claims to membership of the
Congregation.
6.       BOARD
6.1  The Board shall consist of:
6.1.1    Nine (9) Members of the Congregation who shall have been Members of the             Congregation
for a consecutive period of at least two (2) years immediately prior to taking office;
and
6.1.2    shall include three (3) Trustees who shall have been elected by the Board from amongst
themselves;
and
6.1.3    such other persons as may be designated or co-opted as provided in Bye-laws 8 and 9.
6.2  The Board referred to in Bye-law 6.1.1, shall be elected to office by the Members of the Congregation
present at an Annual General Meeting by the casting of ballots from a list of nominees submitted.
6.3  Members who are available for election at an Annual General Meeting shall be nominated by two (2)
other Members of the Congregation who themselves shall have been Members for a consecutive period
of at least two (2) years immediately prior to such Annual General Meeting.
6.4  Nominees shall have their names submitted to the Secretary on the prescribed Form at least thirty
(30) days prior to the Annual General Meeting.
          6.5  Subject to Bye-law 10, the elected Members referred to in Bye-law 6.1.1 shall hold office from
the close of the Annual General Meeting referred to in Bye-Law for a period not exceeding three (3)
years.
6.6  Members of the Board who are not also Officers referred to in Bye-law 7 shall automatically retire by
rotation at the end of their term of office and being eligible may be re-elected at an Annual General
Meeting.
6.7  Subject to Bye-law 6.5 and 10 a maximum of one-third (1/3) of the Board Members may be retired or
elected at any one Annual General Meeting.
6.8  A Past Chairperson shall be ex-officio a Member of the Board for the year immediately following that
in which he held office of Chairperson.
7.       OFFICERS
7.1  A Chairperson, a Vice-Chairperson, an Honorary Treasurer and six Additional Members shall be
elected in terms of Bye-law 6.1.1 at an Annual General Meeting and shall hold office from the close of the
immediately ensuing Annual General Meeting, for a period of three (3) years subject to provisions of Bye-
law 10.
7.2  No person shall hold office of Chairperson for more than two (2) consecutive terms, except that any
period during which a person holds the office for part of a year following a vacancy as provided in Bye-law
10 shall be ignored for the purpose of this Bye-law.
7.3  No person shall hold the office of Vice-Chairperson for more than three (3) consecutive terms, except
that any period during which a person holds the office for part of a year following a vacancy as provided in
Bye-law 10 shall be ignored for the purpose of this Bye-law.
7.4  The position of the Imam and the Secretary General shall be that of full time employees of the
Congregation and subject to contracts of employment on such terms as the Board shall deem equitable
and in the interests of the Congregation.
7.5  The Chairperson, Vice-Chairperson, Honorary Treasurer, Imam and Secretary shall together form the
Executive Committee of the Board and will be charged with the day-to-day management of the affairs of
the Congregation in terms of Bye-law 13.
8.       EX-OFFICIO MEMBERS
8.1  The Board may designate one or more Officers, being the Chairmanship or Secretaryship or both, of
a Committee of the Board, pursuant to Bye-law 6.1.3 and may by resolution revoke such designation, and
such designation shall continue from year to year until revoked, subject to Bye-law 11, provided that at no
time shall more than five (5) persons be ex-officio Members of the Board under this Bye-law.
9.       CO-OPTED MEMBERS
9.1  The Board at a Meeting convened with notice of intention to consider such resolution, may resolve to
co-opt one or more Members of the Congregation to be Members of the Board provided that at no time
shall there be more than seven (7) co-opted Members of the Board.
9.2  Co-opted Members shall hold office from the date of their co-option until the close of the next
succeeding Annual General Meeting and shall be eligible for reappointment.
10.     VACATION OF OFFICE
10.1   The offices of Chairperson, Vice-Chairperson or Honorary Treasurer of the Congregation shall be
vacated in any of the events named in Bye-law 11.1 or in the event of removal by Special Resolution, and
any vacancy in the said offices by death or otherwise, before the term of office has expired, may be filled
by the Board, and such appointment should hold good until close of the next succeeding Annual General
Meeting.
11.     TERMINATION OF MEMBERSHIP
11.1   THE BOARD – The office of a Member of the Board shall be vacated:
11.1.1  On the expiration of one month’s notice in writing by such Member resigning his office, or the
earlier acceptance by the Board of such resignation;
11.1.2  If he is sentenced to any period of imprisonment without the option of a fine;
11.1.3  If he is found lunatic or becomes of unsound mind;
11.1.4  If at a Meeting of the Board specially convened for the purpose, at which not less than twelve (12)
Members of the Board are present or represented in terms of Bye-law 14.3, a resolution is passed by a
majority of not less than two-thirds (2/3) of those present and voting declaring that the office of such
Member is vacant.
11.2   OTHER MEMBERS –
11.2.1  The provisions of Clause 11.1 shall apply in its entirety to Members of the Congregation who are
not also Members of the Board and any decision handed down by the Board in terms of Bye-law 11.1.4
shall be final.
11.3   Membership of the Congregation otherwise ceases immediately on the death of the Member or if
he is found to be in breach of any relevant Clause of the Constitution or any of its Bye-laws or regulations.
12. FILLING OF VACANCIES
12.1   Any vacancy in the Board resulting from a Member of the Board dying or vacating office during his
term may be filled by the Board, by resolution passed by Members of Board voting in terms of Bye-law 14
at a Meeting of the Board in accordance with the provisions of Bye-law 14 and 15.
12.2   A Member of the Board appointed under this Bye-law shall hold office until the close of the next
succeeding Annual General Meeting.
13.     POWERS AND DUTIES OF THE BOARD
13.1   It shall be the duty of the Board through the Executive Committee in terms of Bye-law 7.5 to control,
assist and direct the work of the Congregation and of all Committees, and to deal with all matters on
which an immediate decision may be required in the interests of the Congregation, and to present at each
Annual General Meeting a report on the position of the Congregation, financial and otherwise, and on the
affairs and proceedings of the Congregation during the past year.
13.2   The Board shall have power to regulate its own procedure and to make provision for carrying out
the objects of the Congregation, and for conducting its affairs and shall, subject to the provisions of the
Constitution and of the Bye-laws, have the sole control and management of the income, property and
affairs and of the Congregation, and may exercise all powers and do all such acts and things as may be
exercised or done by the Congregation. 11
13.3   No Member of the Board as such shall receive any remuneration.
13.4   The Board may make such regulations as they may from time to time determine for the proper
administration of the Congregation and the control of Members, provided that no such regulations shall be
in contravention of any provisions contained in the Constitution or amount to an alteration of the Bye-laws.
13.5   In furtherance of and without prejudice to the general powers conferred by the Constitution and by
the last preceding paragraph and of the other powers conferred by the Bye-laws, it is hereby expressly
declared that the Board shall have the following powers:
13.5.1    To appoint upon such terms and conditions as to them may seem fit, and to dismiss, an Imam
and staff of the Congregation;
13.5.2    To purchase, rent, lease, hold and dispose of any land, building or other property, movable or
immovable, for the advancement of the objects of the Congregation;
13.5.3    To assign, sub-let or surrender any offices or rooms acquired or taken on lease for the purpose
of the Congregation on such terms and whenever the circumstances may require;
13.5.4    To employ any part of the Funds of the Congregation in the provision and maintenance of a
suitable collection of books, reports, statistics, accounts, papers, maps, plans, instruments, models and
other things of interest to the Muslim community;
13.5.5    To establish and subscribe to any Sick Fund, Pension Fund or Benevolent Fund appropriately
on behalf of its employees;
13.5.6    To apply such portions or portions of the Funds of the Congregation as they may think fit
towards forming and maintaining a Reserve Fund for the general purposes of the Congregation;
13.5.7    To lend, invest, deal with, the money of the Congregation with or without security or upon such
securities including mortgage bonds and cessions thereof as may be determined by the Board;
13.5.8    To open a Banking Account and to invest Funds not immediately required for the purposes of
the Congregation in any investments approved by the Board, with powers from time to time to vary such
investments;
13.5.9    To borrow or raise money in such a manner as the Board shall deem fit which in the opinion of
the Board is consistent with Islamic norms and the rules of Waqf and in particular by overdraft from
bankers;
13.5.10  To reimburse to any Member any expenses actually incurred by him in the business or on
behalf of the Congregation, when such course is considered desirable by the Board;
13.5.11  To appoint any person to act as Local or Foreign Representative or Agent of the Congregation,
either in any honorary capacity or at remuneration, and generally on such terms and for such period as
the Board may determine;
13.5.12  To institute and defend legal proceedings on behalf of the Congregation, and for that purpose to
sign and execute any necessary Powers of Attorney;
13.5.13  To use any part of the Funds of the Congregation, to enter into contracts, and to do all such acts
and things as they think expedient to further the objects of the Congregation.
14.     HOLDING OF BOARD MEETINGS
14.1   BOARD MEETINGS – A Meeting of the Board may be called by order of the Chairperson, or in his
absence of the Vice-Chairperson or at the request in writing, addressed to the Secretary, of any four (4)
Members of the Board, at a time and place to be determined by the Chairperson, Vice-Chairperson or the
Secretary, as the case may be.
14.2   VOTES – Except where otherwise provided in these Bye-laws, at all Meetings of the Board, in the
event of the difference of opinion and where a decision by consensus cannot be reached, the vote of the
majority shall prevail; and in the case of equality of votes the Chairperson shall have a casting vote in
addition to his deliberate vote.
14.3   PROXY
14.3.1    Members of the Board, shall, subject to Bye-law 3, have the right to appoint one proxy (being a
person who is a Member) to attend, act and vote at Board Meetings in the absence of such
Members provided that the Secretary shall have been informed of the exercise of such proxy at least
twenty-four (24) hours prior to such Meeting taking place.
14.3.2    No person may be appointed as a proxy for more than one other Member at the same time.
14.3.3    No person who is otherwise a Member of the Board or an Official of the Congregation shall be
appointed a proxy.
14.3.4    Proxies given under this paragraph shall be in force only for the Meeting at which such proxy
was first exercised or if not so exercised, until revoked in writing to the Secretary by the Member of the
Board electing or appointing the proxy.
14.3.5    No proxy may attend or vote at Board Meetings until the Secretary has been notified in writing of
his election or appointment, as the case may be, by the Member of the Board electing or appointing him.
15.     NOTICE OF BOARD MEETINGS
15.1   Fourteen (14) clear days’ notice of a Meeting of the Board, or seven (7) clear days’ notice in the
case of an emergency, shall be delivered or sent to each Member of the Board and any registered proxy
at his registered address, and such notice shall, as far as practicable, contain a statement of the business
to be transacted at such Meeting.
15.2   It shall not be necessary to prove, in any case, that such notice has been delivered or sent, but the
same shall be taken as delivered or duly sent unless the contrary be shown; and the non-receipt of any
notice by any Member, or the non-existence of any supposed emergency, shall not affect the validity of
the proceedings of any Meeting.
16.     QUORUM AT BOARD MEETINGS
16.1   Five (5) Members shall form a quorum.
16.2   If a quorum be not present within thirty (30) minutes of the time appointed for the Meeting, the
Meeting shall stand adjourned for one week hence and at such adjourned Meeting the Members present
shall form a quorum.
16.3   Without the consent of the Chairperson, no business shall be transacted at an adjourned Meeting
which could not have been transacted at the Meeting of which notice was given.
17.     CHAIRPERSON AT BOARD MEETINGS
17.1   At all Meetings of the Board the Chairperson shall be in the Chair.
17.2   In the absence of the Chairperson, the Vice-Chairperson, if he be present, shall be in the Chair, or
if neither be present, a chairperson shall be elected from among the Members of the Board present.
18.     COMMITTEES
18.1   The Board may appoint Committees, and delegate to them any of the powers of the Board, or
assign to them such duties as may be agreed.
18.2   The Committees shall in exercise of their powers conform with any instructions given by the Board,
but shall in all other aspects regulate their own procedure.
18.3   The Chairperson and Vice-Chairperson shall be entitled to attend all Meetings of such Committees
but shall not be entitled to any vote on a Committee except as a duly appointed Member of the
Committee.
18.4   The Chairperson or, in his absence, the Vice-Chairperson, shall be entitled to take the Chair at all
such Meetings.
19      ANNUAL GENERAL MEETING
19.1   The Annual General Meeting shall be held on such day, not being later than ten (10) months after
the close of the Financial Year, and at such place as the Board may from time to time determine.
19.2   The Financial Year-end of the Congregation shall be deemed to be the 31stDecember of each year.
19.3   The ordinary business of an Annual General Meeting shall be:
19.3.1    To receive and consider the Annual Report and Accounts and Balance Sheets, and the Report of
the Auditors;
19.3.2    To receive and consider the Reports of any Committees appointed with instructions to the report
to the Annual General Meeting;
19.3.3    To announce the results of the election of the Honorary Officers and Board Members in terms of
the provisions of Bye-law 6 and 7;
19.3.4    To appoint an Auditor;
19.3.5    To decide the rate or rates of the annual contributions and enrolment and other fees by
Members, and to fix the due date of payment of such contributions.
19.4   All other business transacted at the Annual General Meeting shall be deemed to be Special
Business.
20.     SPECIAL MEETINGS
20.1   The Board may, whenever it thinks fit, and shall within twenty-one (21) days after the receipt of a
requisition in writing signed by or on behalf of not less than two (2) Members of the Congregation,
convene a Special Meeting of the Congregation.
20.1   All business transacted at a Special Meeting shall be deemed to be Special Business.
21.     NOTICE OF ANNUAL GENERAL MEETING AND SPECIAL MEETINGS
21.1   One month’s notice of the Annual General Meeting and fourteen (14) clear days’ notice of all
Special Meetings shall be given to Members, specifying the date, hour and place of meeting, and in the
case of Special Business, the general nature of such business.
21.2   Notice of Meetings may be by announcement on a Notice-Board in the Mosque from time to time.
21.3   SPECIAL BUSINESS
21.3.1    A Member wishing to bring before the Annual General Meeting any Special Business shall obtain
approval countersigned in writing by two (2) Members of the Congregation and then give notice thereof in
writing to the Secretary at least six (6) weeks in advance.
21.3.2    Notice of such Special Business shall then be included in the notice convening the Annual
General Meeting.
21.4   Other than as described above, no Social Business shall be considered at the Annual General
Meeting unless it be deemed a matter of extreme urgency by a majority of the Members assembled or be
expressly authorised by the Bye-laws.
22.     QUORUM AT GENERAL MEETINGS
22.1   At every General Meeting ten (10) persons, being Members in terms of Bye-law 2.1, shall form a
quorum.
22.2   If a quorum be not present within thirty (30) minutes of the time appointed for the Meeting, the
Meeting if convened upon requisition as aforesaid, shall be dissolved.
22.3   In any other case the Meeting shall stand adjourned for one week hence and at such adjourned
Meeting the Members present shall form a quorum.
23.     CHAIRPERSON AT GENERAL MEETINGS
23.1   At every General Meeting the Chair shall be taken by the Chairperson or in his absence, the Vice-
Chairperson, whom failing, a Chairman shall be elected from among the Members present.
24.     VOTING AT GENERAL MEETINGS
24.1   All Members in terms of Bye-law 2.2 shall have one vote.
24.2   Voting shall in the first instance be on a show of hands and in the event of equality of votes, the
Chairperson shall have a casting vote in addition to his deliberative vote.
24.3   Except as otherwise provided, a simple majority of the votes cast shall be necessary to carry a
resolution at any Meeting of the Congregation and the total of the votes cast must be at least equal to the
number necessary to form a quorum at the particular Meeting.
24.4 PROXY
24.4.1    A Member shall be entitled to appoint another Member as his proxy to attend and vote for him at
a General Meetings.
24.4.2    No person shall be entitled to vote as a proxy unless notice of his appointment has been lodged
with the Secretary of the Board on the prescribed form, not less than twenty-four (24) hours before the
time appointed for the holding the Meeting.
24.4.3    Proxies given under this paragraph shall be in force only for the Meeting at which such proxy
was first exercised or if not so exercised, until revoked in writing to the Secretary by the Member of the
Congregation electing or appointing the proxy.
25.     ADJOURNMENT OF MEETINGS
25.1   The Chairperson of any General, Special or Board Meeting may, with the consent of the Meeting,
adjourn the Meeting from time to time and from place to place, but no business shall be transacted at any
adjourned Meeting other than the business left unfurnished at the Meeting from which the adjournment
took place.
25.2   No notice need be given of an adjourned Meeting unless it be so directed in the resolution for
adjournment.
26.     GUESTS AT ANNUAL GENERAL MEETING
26.1   The Board may, as it thinks fit, invite any persons to attend the Annual General Meeting.
27.     NOTICES
27.1   Notice shall be sent to Honorary Members and Members of the Board.
27.2   Notice by announcement at the Mosque or posted on the Notice-Board at the Mosque shall be
deemed to be notice to the Members of the Congregation.
28.     BOOKS, CERTIFICATES AND FORMS
28.1   Minutes shall be kept in proper books of all resolutions and proceedings of General Meetings of the
Congregation, Meetings of the Board and of Meetings of Committees; and every minute signed by the
Chairperson of the Meeting to which it relates, or by the Chairperson of subsequent Meetings, shall be
sufficient evidence of the facts therein stated.
29.     ACCOUNTS AND AUDIT
29.1   It shall be the duty of the Honorary Treasurer to cause to be kept, a proper account of the receipts
and expenditure of the Congregation, and of all the matters in respect of which such receipts and
expenditure take place, and of the property, assets and liabilities of the Congregation, in books to be
provided for the purpose, and shall produce the account books, properly posted, when required by the
Board or any Member thereof.
29.2   Once at least in every year the Honorary Treasurer’s accounts, made up to the end of the Financial
Year, shall be duly certified by a professional Auditor, submitted to the Board and certified by two (2)
Members of the Board, and an abstract thereof shall be printed and issued to each Member of the
Congregation, with the notice of the Annual General Meeting.
29.3   The Auditor shall be appointed by the Annual General Meeting.
30.     DISCIPLINARY PROCEDURES
30.1   DISCIPLINARY BOARD
30.1.1    The Board shall appoint, from amongst its Members at least four (4) Members to form a
Disciplinary Committee which will investigate questions which arise under articles of the Constitution and
of considering cases of alleged misconduct.
30.1.2    The Board may in addition co-opt a legal specialist, who may not necessarily be a Member of the
Congregation, to serve as a coopted Member of the Disciplinary Committee.
30.1.3    The Chairperson of the Disciplinary Committee shall be appointed by the Board from among the
Members of the Board.
30.1.4    The Defendant shall be entitled to be present at any hearing of the Disciplinary Committee
provided that he shall have been given at least twenty-eight (28) days notice of such a hearing taking
place.
30.1.5    In the event of the non-appearance of such Member, after due notice in terms of this clause has
been given, the hearing will go ahead and any finding shall be deemed binding on the Member
concerned.
          30.2   APPEAL BOARD
30.2.1    An Appeal Committee shall be appointed, consisting of not less than four (4) appointed
Members, to hear appeals from decisions of the Disciplinary Committee. No Members of the Disciplinary
Committee shall be appointed to this Committee.
30.2.2    If requested to do so the Board shall appoint a person who is not necessarily a Member of the
Board or of the Congregation (and is also independent of the Appellant) to be co-opted as a Member of
this Committee.
30.2.3    The Appeal Committee may affirm, vary, or reverse any decision of the Disciplinary Committee.
30.2.4    The Appellant shall make his appeal to the Appeal Committee within twenty-one (21) days of the
decision of the Disciplinary Committee having imposed its sanction.
30.2.5    The Appellant shall in addition be entitled to be present at any hearing of the Appeal Committee
and be represented at such proceedings by an independent representative.
30.2.6    In the event of the non-appearance of such Member or his representative after due notice in
terms of this clause has been given, the appeal hearing will go ahead and any finding shall be deemed
binding on the Appellant and the Congregation.
31.     INDEMNITY OF OFFICERS
31.1   The Members of the Board, Honorary Treasurer, Secretary and other Officers shall be indemnified
by the Congregation from all losses and expenses incurred by them in or about the discharge of their
respective duties, except such as happen from their own respective wilful default, and no Member of the
Board or other Officer shall be liable for any other Member of the Board or Officer, or for joining in act or
receipt, or for any act of conformity or for any loss happening to the Congregation unless the same shall
be due to his own fault.