Indigenisation and Economic Empowerment Act updated May 2011
50.5 If a poll is demanded, it shall be taken in the manner directed by the chairperson and
the result of a poll shall be deemed to be the resolution of the meeting at which the poll was
demanded.
50.6 A poll demanded on the election of a chairperson or on a question of adjournment
shall be taken forthwith and a poll demanded on any other question shall be taken at the time
and place directed by the chairperson.
50.7 The demand for a poll shall not prevent the continuation of a meeting for the
transaction of any business other than the question on which the poll was demanded.
50.8 On a poll votes may be given either personally or by proxy.
50.9 On a show of hands every unit holder, who, being an individual, is present in person
or by proxy shall have one vote and on a poll every unit holder who is present in person or by
proxy shall have one vote for every unit held by him or her
50.10 In the case of joint unit holders the vote of the senior who tenders a vote, whether in
person or by proxy, shall be accepted to the exclusion of the votes of the other joint holders and,
for this purpose, seniority shall be determined by the order in which the names stand in the
register of unit holders.
50.11 The managers shall not be entitled to vote at any meeting.
50.12 The managers shall ensure that proper minutes of all resolutions and proceedings at
every meeting are properly made and kept. Such minutes and records shall be kept at the office
of the managers and shall be open to inspection by unit holders during normal business hours.
Proxies
51.1 The instrument appointing a proxy shall be in writing and signed by the appointer of
his or her agent, duly authorised in writing.
51.2 The instrument of proxy shall be in the form approved by the Board.
51.3 The instrument of proxy and the power of attorney or other authority under which it is
signed, or a notarially authenticated copy of such power of attorney, shall be deposited at such
place as the Board, or the managers with the approval of the Board, may specify in the notice
convening the meeting or, if no place is appointed, then at the registered office of the managers
not less than 48 hours before the time appointed for holding the meeting or adjourned meeting,
or, in the case of a poll, before the time appointed for the taking of the poll and in default the
instrument of proxy shall be deemed invalid.
51.4 A vote given in accordance with the terms of an instrument of proxy shall be valid
notwithstanding the previous death or insanity of the principal or revocation of the proxy or
authority under which the proxy was executed or the transfer of units in respect of which the
proxy is given, provided that no transfer has been registered by the Board before
commencement of the meeting or adjourned meeting at which the proxy is used.
Power of Meeting
52.1 A meeting of unit holders duly convened and held in accordance with this part shall be
competent by extraordinary resolution to:
52.1.1
sanction any amendment, alteration or addition to the provisions of this
Schedule which have been agreed by the Board and the managers as
provided in Part 14;
52.1.2
require the resignation of the managers
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