The SRA answered a few questions in episode 1 and 2, and now we bring you episode 3.
We have fielded some more questions from Angela Cadman, the Chairperson of the St Francis Bay Concerned Residents Association, that was posted on their Facebook page here – https://www.facebook.com/StFrancisCRA
We note in the October Minutes of Meeting of the SFPO NPC Directors that a complaint was lodged against SFPO NPC at CIPC. What is the complaint about, and what was the response to CIPC ?
The complaint lodged by Roy Smith with the CIPC was that levy payers should not have been given automatic membership to the SFPO NPC, but instead membership should have been applied for individually by each levy payer/property owner. While this is what the Companies Act states, the Act also stipulates that the company has to comply with any applicable public regulation. In this regard we had to comply with the SRA Policy which required that every levy paying property owner had to have a vote in the SFPO NPC, and to have the right to vote the property owner had to be a member of the SFPO NPC. This is the reason we made membership automatic to all property owners in the SRA demarcated area. There was also the added benefit of saving unnecessary administration time and expense of processing 1,590 manual membership applications. We would rather spend this money and time on our SRA projects, and avoid our levy payers having to spend their own personal time and expense applying for membership.
Why was the SRA AGM not held by September 2019 as required by the Kouga Municipality Policy and MOI?
The SFPO NPC is obliged by the Companies Act to hold its AGM within 15 months of its last AGM. The last AGM was held on 09 November 2018. The minutes from this AGM recorded that the next AGM would be held in December 2109. We have scheduled our next AGM for 17 December 2019 to ensure we give all of our property owners the most opportune time to attend when many are taking their Christmas holiday in St Francis Bay. It is unreasonable to demand that the Board schedules a special meeting so close to the AGM at a time when most property owners are unable to attend. This resolution clearly demonstrates a cynical and devious attempt by this group of 30 property owners to exclude non‐resident property owners from attending such meetings
Why have the SRA Annual Financial Statements not been submitted to Kouga Municipality as per Kouga policy?
We agreed a revised timeline for the audited financial statements to be completed and submitted to the KLM. The reasons were a combination of the availability of the auditors to undertake the work, and the fact that this was the first audit in which both our own administration and the auditors had the required documentation available to complete the audit effectively. The audited financial statements for the 2018/19 financial year have been submitted to KLM.
We have learned that the SFPO NPC Directors have issued a letter that threatens legal action against certain SFPO Members. Why?
This refers to letters sent from the CRA to the SRA dated 9 and 10 September 2019. We have copied resolution 7 below for reference. The SFPO NPC answer runs below.
“In lieu of the fact that there was no transparency in the procurement process of awarding the contract to the CCTV Security Company and the Construction Company responsible for upgrading the entrance to St Francis Bay, that a life style audit be conducted on the Board of Directors to give members the assurance there was no undue benefit gained.”
This is blatantly defamatory against all the Directors, and we have issued a letter that defends our rights.
There is no evidence provided whatsoever that suggests any of the Directors have benefited out of the awarding of contracts. The Roads project was managed by EAS and the Board accepted their recommendation based on the tenders received and assessed by EAS. The lowest priced bid was accepted. The reputations of all tenderers were verified when the award was made. The CCTV award was made to the bidder with the lowest price, and the RFI and RFP were overseen by a steering committee consisting of all security organisations in St Francis Bay, including Neighbourhood Watch, SAPS, Municipal Law Enforcement, private security companies, St Francis Police Sector Forum (John Hammond), St Francis Bay Police Sector Forum (Nigel Aitken), the SFPO Association and the SFPO NPC.
Stand by for the next installment, coming soon!
Remember the date for the Annual General Meeting
SFPO NPC AGM
Date: 17 December 2019
Venue: St Francis Links
Annual AGM link here – https://stfrancispropertyowners.co.za/2019-annual-general-meeting/
Proxy form details here – https://stfrancispropertyowners.co.za/agm-2019-proxy-form/
You can also find out all about the AGM here https://stfrancispropertyowners.co.za/2019-annual-general-meeting/