Establishment of CPAs- Constitution

1 Establishment OF communal PROPERTY ASSOCIATIONS [CPAs] IN TERMS OF THE communal PROPERTY ASSOCIATIONS ACT OF 1996 Establishment of CPAs. Registration of CPAs. Registration of provisional CPAs and similar entities. Monitoring & Inspection / Compliance with the Act (Annual Report to Parliament). Judicial Administration and Deregistration of CPAs. DESCRIPTION OF STEPS Community application for a CPA (District and RLCC levels) Conduct a workshop on the different legal entities (the community takes a resolution of the type of legal entity of their choice). Fill Form CPA 1 (page 52 of the CPI Manual). Consideration of application (received by the Provincial Shared Service Centre: Executive Manager [PSCC: EM]. Compliance with Section 2 (1) a- d of the Act.)

2 Appointment of designated officer (Form CPA 2 ). Appointment of designated officer Convenes a meeting with the community/beneficiaries to collect information as per schedule A to the Act (Form CPA 3). Drafts a Constitution . Ensures compliance with section 9 of the Act. Acts as a Chairperson of the adoption meeting of the Constitution . Compiles minutes of the adoption meeting (Form CPA 12). Draft Constitution referred to Senior Legal Administration Officer by PSSC: EM Compliance with section 9 of the Act. Compliance with schedule A of the Act. Provides comments on the draft Constitution to EM (Form CPA 5&6). Appoints Authorised Officer Completes Form CPA 8 (page 60 of CPI Manual). EM gives direction on how the adoption meeting should be conducted.

3 Compile a report on the adoption of the Constitution (authorised officer) Report by the authorized officer (complete Form CPA 13 on page 65 of CPI Manual). EM refers the checked draft Constitution to the Designated Officer Section 6(4) - step 13 on page 29 of CPI Manual. Drafting of a Constitution (Designated Officer) Pages 89-90 (section 9 of CPI Manual). Section 6 (1-4 of CPI Manual). Present draft Constitution to the community (Designated Officer) Receive inputs from the community. Write minutes of the adoption meeting (Chairperson) Form CPA 12 of CPI Manual. Compile the submission to the Executive Manager (EM) The submission consists of: Application Memorandum. Form CPA 1- 15 of CPI Manual. Establishment of CPAs Provincial Executive Manager.

4 Appointment of designated Officer to assist beneficiaries to draft a Constitution Land Reform beneficiarieslodge application for a CPA Considers the application(Section 2(1)a-d) of CPA) Designated Officer Drafting of a Constitution Provincial Executive Manager refers the Draft Constitution to Legal Officer Legal Officer Present Draft Constitution to the community Submit the Draft Constitution to Executive Manager Amend the draft Constitution Authorized Officer Checks compliance with the Act and submit the draft to the PEM(if amendments isreferred t PEM for agreement if no amendments informs the beneficiaries to set a meeting date PEM refers the checked draft to the Designated Officer Convene a meeting with the community to present amendments to the draft Assist the community to notify PEM of their intention to adopt the Constitution Appoints Authorized Officer Compile a report on the adoption of the Constitution Chairs the

5 Adoption meeting and assist with the election of the Executive Committee meeting Write minutes of adoption meeting and Established CPA Compile the submission to the PEM PEM sign the submission and submit to the Registration Officer