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Property Management, Property Rentals and Property Financial Services in South Africa

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Chairman

The STSM Act determines that (at the first Trustee meeting after the AGM) the Trustees must elect a Chairman.

The Chairman will have a casting as well as a deliberate vote only at Trustee meetings- not at General meetings.

Other than this and having to chair Trustee and General meetings the Chairman does not have any other powers that the other Trustees do not have in terms of the Act.

What is new in the STSM Act are the duties of a Chairperson of a meeting:

PMR 18(3) A chairperson must—

  • maintain order, regulate the orderly expression of views and guide the members and other participants through the business of the meeting in accordance with the common law of meetings;
  • ensure that all motions and amendments proposed are within the scope of the notice and powers of the meeting;
  • ensure that the scheme’s rules, the minute books and any other documents relevant to the items of business on the agenda are available at the meeting;
  • act fairly, impartially and courteously to all members and others entitled to attend the meeting;
  • ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption;

(f)  adjourn the meeting, when it is not able to complete or continue with its business;

  • make decisions on points of procedure;
  • settle disputes by giving rulings on points of order; and
  • surrender the chair to a temporary chairperson elected by the members for any period during which the chairperson wishes to engage in the debate of any item of business. 

(4)A chairperson at a general meeting must not—

  • from the chair, attempt to influence members’ views on any item of business; or
  • disclose in advance of a vote how the chairperson intends to vote on any item of

            business

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