RulesIndex 26.1 Annual general meeting 26.1.1 The annual general meeting of MEMBERs must be held not later than 31 May of each year. 26.1.2 The notice convening the annual general meeting, containing the agenda, the annual financial statements, trustee's annual review and auditor’s report or at the discretion of the Trustees, a summarised version of the annual financial statements, trustee's annual review together with the auditor's report, must be furnished to MEMBERs at least 21 days before the date of the meeting. The non-receipt of such notice by a MEMBER does not invalidate the proceedings at such meeting. 26.1.3 At least 15 MEMBERs of the SOCIETY present in person constitute a quorum. If a quorum is not present after the lapse of 30 minutes from the time fixed for the commencement of the meeting, the meeting must be postponed to a date determined by the BOARD; with notice being reissued in terms of rule 26.1.2 and MEMBERs then present shall constitute a quorum. 26.1.4 The financial statements and reports specified in rule 26.1.2 must be laid before the meeting. 26.1.5 Notices of motions to be placed before the annual general meeting must reach the principal officer not later than seven days prior to the date of the meeting.
26.2 Special general meeting 26.2.1 The BOARD may call a special general meeting of MEMBERs if it is deemed necessary. 26.2.2 On the requisition of at least 15 MEMBERs of the SOCIETY, the BOARD must cause a special general meeting to be called within 30 days of the deposit of the requisition. The requisition must state the objects of the meeting and must be signed by all the requisitionists and deposited at the registered office of the SOCIETY. Only those matters forming the objects of the meeting may be discussed. 26.2.3 The notice convening the special general meeting, containing the agenda, must be furnished to MEMBERs at least 14 days before the date of the meeting. The non receipt of such notice by a MEMBER does not invalidate the proceedings at such a meeting. 26.2.3 At least 15 MEMBERs present in person constitute a quorum. If a quorum is not present at a special general meeting after the lapse of 30 minutes from the time fixed for the commencement of the meeting, the meeting is regarded as cancelled.
27.1 Every MEMBER who is present at a general meeting of the SOCIETY and whose CONTRIBUTION is not in arrears has the right to vote, or may, subject to this rule, appoint another MEMBER of the SOCIETY as proxy to attend, speak and vote in his stead. 27.2 The instrument appointing the proxy must be in writing, in a form determined by the BOARD and must be signed by the MEMBER and the person appointed as the proxy. 27.3 The chairperson must determine whether the voting must be by ballot or by a show of hands. In the event of the votes being equal, the chairperson, if he is a MEMBER, has a casting vote in addition to his deliberative vote.
28.1 MEMBERs may lodge their complaints, in writing, to the SOCIETY. The SOCIETY shall also provide a dedicated telephone number which may be used for dealing with telephonic complaints. 28.2 All complaints received in writing will be responded to by the SOCIETY in writing within 30 days of receipt thereof. 28.3 A disputes committee of three members, who may not be members of the BOARD, employees of the SOCIETY or officers of the SOCIETY, must be appointed by the BOARD to serve a term of office of 3 years. 28.4 Any dispute, which may arise between a MEMBER, prospective MEMBER, former MEMBER or a person claiming by virtue of such MEMBER and the SOCIETY or an officer of the SOCIETY, must be referred by the principal officer to the disputes committee for adjudication. 28.5 On receipt of a dispute in terms of this rule, the principal officer must convene a meeting of the disputes committee by giving not less than 21 days notice in writing to the complainant and all the members of the disputes committee, stating the date, time, and venue of the meeting and particulars of the dispute. 28.6 The disputes committee may determine the procedure to be followed. 28.7 The parties to any dispute have the right to be heard at the proceedings, either in person or through a representative. 28.8 An aggrieved person has the right to appeal to the COUNCIL for Medical Schemes against the decision of the disputes committee. Such appeal must be in the form of an affidavit directed to COUNCIL and shall be furnished to the REGISTRAR not later than three months after the date on which the decision concerned was made. 28.9 A MEMBER may appeal to the COUNCIL against a decision of a review panel established in terms of Chapter 5 of the regulations to the ACT.
29.1 The SOCIETY may be dissolved by order of a competent court or by voluntary dissolution. 29.2 MEMBERs in general meeting may decide that the SOCIETY must be dissolved, in which event the BOARD must arrange for MEMBERs to decide by ballot whether the SOCIETY must be liquidated. Unless the majority of MEMBERs decide that the SOCIETY must continue, the SOCIETY must be liquidated in terms of Section 64 of the ACT. 29.3 Pursuant to a decision by MEMBERs taken in terms of rule 29.2 the principal officer must, in consultation with the REGISTRAR, furnish to every MEMBER a memorandum containing the reasons for the proposed dissolution and setting forth the proposed basis of distribution of the assets in the event of winding up, together with a ballot paper. 29.4 Every MEMBER must be requested to return his ballot paper duly completed before a set date. If at least 50 per cent of the MEMBERs return their ballot papers duly completed and if the majority thereof is in favour of the dissolution of the SOCIETY, the BOARD must ensure compliance therewith and appoint, in consultation with the REGISTRAR, a competent person as liquidator.
30.1 The SOCIETY may, subject to the provisions of Section 63 of the ACT, amalgamate with, transfer its assets and liabilities to, or take transfer of assets and liabilities of any other medical scheme or person, in which event the BOARD must arrange for MEMBERs to decide by ballot whether the proposed amalgamation should be proceeded with or not. 30.2 If at least 50 per cent of the MEMBERs return their ballot papers duly completed and if the majority thereof is in favour of the amalgamation or transfer then, subject to Section 63 of the ACT, the amalgamation or transfer may be concluded.
31.1 Any BENEFICIARY must on request and on payment of a fee of R 1.00 per page be supplied by the SOCIETY with a copy of the following documents: 31.1.1 The rules of the SOCIETY; 31.1.2 the latest audited financial statements, returns, Trustees reports and auditor’s report of the SOCIETY.
31.2 A BENEFICIARY is entitled to inspect free of charge at the registered office of the SOCIETY any document referred to in rule 31.1 and to make extracts therefrom.
32.1 The BOARD is entitled to alter or rescind any rule or annexure or to make any additional rule or annexure. 32.2 No alteration, rescission or addition which affects the objects of the SOCIETY or which increases the rates of CONTRIBUTION or decreases the extent of benefits of the Society by more than twenty percent during any financial year, is valid unless it has been approved by a majority of MEMBERs present in a general meeting or a special meeting or by ballot. 32.3 MEMBERs must be furnished with a copy of such amendment within 30 days after registration thereof. Should a MEMBER’s rights, obligations, CONTRIBUTIONs or benefits be amended, he/she shall be given 30 days advance notice of such change. 32.4 Notwithstanding the provisions of rule 32.1 above, the BOARD must, on the request and to the satisfaction of the REGISTRAR, amend any rule that is inconsistent with the provisions of the ACT.
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