1. Short title 2. Definitions

3. Formation of a fire protection association

4. Constitution of a fire protection association

16. Financial year of a registered fire protection association

1. These regulations shall be called the Fire Protection Association Regulations.

3. "Fire Brigade Services Act" means the Fire Brigade Services Act, 1987 (Act No. 99 of 1987);
4. "fire service" means a fire brigade service as defined in section 1 of the Fire Brigade Services Act;

(b) an organisation of which he or she is a member

(8) At a founding meeting, the chairperson must identify –

1. all owners present who represent themselves personally and allocate each owner one vote;
2. each owner present who represents another owner or owners in terms of sub regulation 5(a), and allocate each such owner one vote for each owner represented by him or her; and
3. each organisation present which represents an owner or owner in terms of sub regulation 5(b), and allocate to each such organisation one vote for each owner represented by it.

register recording—

(a) the names, contact details including the postal address, telephone

(b) the names, contact details and property names of the owners who

3. the name of the local municipality or municipalities within which the

1. all the requirements for membership of the fire protection

association and its committees; and (b) the rights, duties and liability of members, including payment of

fees, charges and interest.

(4) The constitution of a fire protection association must provide for— (a) the keeping of an up to date register of its members; (b) the termination of membership; (c) the allocation of voting rights to members; (d) the appointment of employees or agents; (e) the financing of the fire protection association, including the raising

of loans and other financial resources; (f) accounting and the presentation of annual reports and financial

statements; (g) procedures for the dissolution of the fire protection association and

the winding up of its affairs; and (h) may deal with any other relevant matter.

(5) The constitution of a fire protection association must be adopted by

a properly constituted meeting of the fire protection association.

CHAPTER 3

APPLICATION AND REGISTRATION

Application for registration of a fire protection association

5. (1) An application for—

(a) registration of a fire protection association under section 4(1) of the Act and these regulations; or

(b) recognition and registration of a fire protection association under

section 4(3) of the Act and these regulations,

must be made on the prescribed form, which is available at the national or any regional office of the Department.

(2) In addition to any other relevant information, an application for

registration must include the following information -

(a) the name of the fire protection association,

2. particulars of the person representing the fire protection association;
3. the address of the fire protection association;
4. information regarding the founding meeting of the fire protection association, including its minutes;
5. a declaration that no owner or his or her representative has been deliberately excluded from the formation of the fire protection association;
6. a copy of the constitution of the fire protection association;
7. a declaration that membership of the fire protection association is representative of owners within its area;
8. a record of any objections to the formation of the fire protection association;
9. particulars of the fire protection officer, if one was appointed for the fire protection association;
10. particulars of any umbrella association that will support the fire protection association and the services it will provide;
11. a description of the capability of the fire protection association to carry out its duties as provided for in section 5(1) of the Act;
12. copies of the minutes of the meeting or meetings at which the fire protection association approved— (i) the constitution of the fire protection association; (ii) the appointment of the fire protection officer; and (iii) a declaration by the representative of the fire protection association that the information given in the prescribed form is true and correct.

Registration of a fire protection association

6. (1) If the Minister is not satisfied that –

1. the fire protection association is capable of performing the duties

association, the Minister must, within a reasonable time, give reasons in writing and set out steps that the fire protection association may take to satisfy the requirements for registration.

with section 4(2)(a) and (b) of the Act, the Minister must –

1. enter the details of the fire protection association into a register of fire protection associations; and
2. issue a registration certificate and a registration number.

qualify for registration until it has fulfilled certain specified conditions in terms of section 4(4) of the Act, the Minister must, within a reasonable time, inform the fire protection association in writing, of the conditions it must fulfil in order to qualify for registration.

specified conditions, the Minister must approve its registration and –

1. enter the fire protection association in a register of fire protection associations; and
2. issue a registration certificate and a registration number.

registration but must requires it, in terms of section 4(4) of the Act, to fulfil certain conditions after registration, the Minister must –

(a) enter the fire protection association in a register of fire protection

(2) A person appointed as contemplated under sub regulation 10(1)(c) must

remain a fire protection officer for as long as members are satisfied with his or her services.

3. If –

1. the fire protection officer has stopped performing his or her duties for any reason or there is a vacancy in the office of the fire protection officer, the executive committee may immediately nominate a fire protection officer and the chairperson of the executive committee must, within 14 days, call a special general meeting to appoint a new fire protection officer, unless the vacancy arises within 60 days of the annual general meeting, in which case a new fire protection officer will be appointed at the annual general meeting.

1. be in writing;
2. bear at the heading the words "Department of Water Affairs and Forestry";
3. show the signature of the Director-General or an official appointed by the Director-General; and
4. include– (i) the full names of the fire protection officer;

prescribed form which is available at the national office or any regional office of the Department.

1. the name and contact details of the fire protection officer;
2. his or her curriculum vitae;
3. the names and contact details of two referees;
4. a statement as to the nature of any objections to the appointment of the fire protection officer and whether such objections have been resolved; and
5. any other relevant information.

1. enter the details of the fire protection officer into a register of fire

17. (1) A registered fire protection association must submit an annual report to

the Minister by 30 June of every year on its activities and the achievement of

its objectives, provided that the Minister may at any time request a registered

fire protection association to report on any other matter as related to the Act.

(2) The Minister must make available within a reasonable time to any

interested party the information about veld fire management, in accordance

with the requirements of Promotion of Access to Information Act, 2000 (Act

No. 2 of 2000).

(k) exercise the powers and perform the duties delegated to it by the

(l) appoint a fire protection officer.

1. Any owner in the area of the association may at any time become a member, provided he or she undertakes to abide by this constitution and the rules of the fire protection association.
2. Every municipality with a fire service and every owner in respect of State land in the area must become a member.
3. A member is a person whose name is in the register of members referred to in clause 8(3) of this constitution.

1. Every member must give the secretary—

(a) the name of his, her or its property or properties, and where

necessary, a sketch map of the boundaries of the property;

phone number, e-mail address, fax number and radio frequency;

and

1. change of address or contact details; and
2. transfer of property or change in ownership

(3) The Secretary must keep all the details referred to in sub-paragraphs

1. and (2), and other relevant information, in a register of members.

At any meeting where voting is required, each member will have one vote.

A member of the association—

1. must pay any fees and charges set by the association from time to time;
2. is entitled to enjoy all the benefits of membership;
3. must comply with the rules of the association; and
4. does not have a right to any of the money, property or assets of the association.

(1) A member may terminate his or her membership by written notice to the chairperson, except in the case of municipalities and owners in respect of State land.

(2) If a member terminates his or her membership, he or she automatically gives up all fees and charges already paid by him or her to the association.

(4) The association may terminate membership of any member who fails to comply with the rules within a reasonable period of time after receiving a notice of failure to comply with an agreed rectification plan from the fire protection officer, with the exception of municipal owners and owners in respect of State land.

12. Fees, charges and interest

1. The executive committee may from time to time—

(a) fix fees for registration and membership and charges for services

that are necessary for the proper management of the association; and

(b) levy interest on unpaid fees and charges that the law allows.

(2) The fees and charges of the association will be determined by the association in terms of its rules.

2. The association may exempt any member from the payment of fees and charges, and accord him or her full membership status.
3. Annual membership fees must be paid on or before the .……. day of ....……………. every year.
4. Any increase in registration and membership fees or charges for services must be decided at an annual general meeting; and if not decided at an annual general meeting, by the majority of members present at a general meeting called for that purpose.

The Association may acquire and dispose of any asset.

1. The executive committee of the association consists of—

1. the chairperson;
2. the secretary;
3. ...............................………………………… and
4. an additional member.

2. Any member of the association may be elected to the executive

committee.

3. The chairperson is elected for a period of three years, but may stand for

re-election at the end of this period.

4. The secretary and other members are elected for a period of three

years, but may stand for re-election at the end of this period.

5. If any member of the executive committee resigns, dies, becomes

incapacitated or disqualified, or is removed from office by a majority vote of the association, his or her position becomes vacant.

6. A member of the executive committee becomes disqualified if he or

she—

1. is declared to be of unsound mind by a court;
2. is declared insolvent by a court;
3. is convicted of a crime involving dishonesty; or
4. has been absent without an apology and a good reason at two consecutive meetings of the executive committee.

(7) If there is a vacancy in the executive committee, it must be filled by the election or co-option of another member for the remaining period of service.

(1) The executive committee may employ any person it deems suitable to help the association in carrying out its functions.

(2) The employment of any person, or any change to the contract of employment of any employee, must be approved by a resolution of the executive committee.

(2) Whenever the executive committee wishes to raise a loan of more than R………………., it must first call a meeting of all its members, subject to at least a period of notice of 21 days in order to obtain their mandate to raise the loan.

(3) The executive committee cannot raise a loan that will lead to increased registration or membership fees, unless this is approved by a majority of the members at the meeting.

(1) The financial year of the association runs from the date of its registration to 31 March of the following year, and then from 1 April every year to 31 March of the next year.

(2) The secretary is responsible for all the financial business of the association and must keep a record of all its business transactions.

(3) The secretary must present an audited financial statement of the association’s accounts for the previous financial year, including full details of any salary paid to members of the executive committee and employees of the association every year at the annual general meeting.

(4) The financial statement must be available for inspection at reasonable times by any member for a period of .……… weeks from the date of the annual general meeting.

1. An annual general meeting must be called by the executive committee—

1. on 21 days’ notice to all members.

1. In addition to any other business, the annual general meeting must deal

1. the audited financial statements of the association; and the introduction and approval of any increase in fees, charges or
2. interest.

(1) The executive committee may convene a special general meeting at any time on 14 (fourteen) days’ notice.

1. A special general meeting must be convened by the executive committee if—

(a) .…..% of paid-up members request this meeting in writing and identify

the issues to be dealt with, and

(b) the requested meeting is to be held at least 60 (sixty) days before an

annual general meeting.

2. A quorum will be …....% of all members of the association.

(4) If there is no quorum at a special general meeting, the meeting must be closed, and the agenda for discussion will be deferred to the next annual general meeting.

(1) In the case of a dispute between members, members must negotiate to resolve the dispute.

(2) If such negotiations fail, any member may approach the executive committee, which must appoint an arbitrator whose decision will be final.

(1) The association may be dissolved—

1. by a resolution passed at an annual general meeting or a special general meeting called for that purpose and by its deregistration by the Minister in terms of section 8 of the Act; or
2. by its deregistration by the Minister in terms of section 8 of the Act.