Co-operatives Act, 2005 (Act No. 14 of 2005)

Schedules

Schedule 1 : Special Provisions Relating to Certain Kinds of Co-operatives

Part 5 : Social Co-operatives

4. Termination of membership

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(1)Despite any other provisions of this Act, the constitution of a social co-operative may give the Board of the social co-operative the power to terminate the membership of a member if there is good reason to do so.

 

(2)Before terminating the membership of a member, the Board must give such member—
(a)written notice that termination is contemplated;
(b)written reasons for the proposed termination which, in the case of a member who has served a period of probation, must relate to the conduct or capacity of the member to carry out his or her duties, or to the operational requirements of the co-operative; and
(c)a right to be heard.

 

(3)A member whose membership is terminated by the Board has a right to appeal to a general meeting within the time limit set out in the constitution.

 

(4)A termination of the membership of a member by the Board is confirmed on appeal if the members, at a duly called general meeting, do not reverse the decision of the Board.

 

(5)If a general meeting is called to consider the appeal of a member whose membership is terminated and a quorum of members is not present, the decision of the Board cannot be confirmed.

 

[Item 4 of Part 5 of Schedule 1 inserted by section 75 of Notice No. 558, GG 36729, dated 5 August 2013]