Zandvlei Trust

The Constitution of and Terms of Reference for the
Zandvlei Estuary Management Forum (ZEMF).

1. Mission.

To promote the fulfillment of the Vision as set out in the Zandvlei Estuary Management Plan, namely: “Zandvlei is a beautiful and important component of Cape Town’s natural assets. It is valued by the local community and visitors alike for recreation, education and other uses. It is also home to a rich diversity of flora and fauna and is used in a way that balances conservation with the needs of the users for the benefit of present and future generations.”

2. Purpose.

The purpose of the Zandvlei Estuary Management Forum (ZEMF) is;

2.1. To liaise with, and advise the Estuary Management Authority (EMA) and other responsible authorities on any matter concerning the environmental management of the estuarine component of the Greater Zandvlei Estuary Nature Reserve, including the setting of objectives, how to achieve those objectives and the priorities for environmental governance;

2.2. To act as a communication channel between the EMA and relevant stakeholders, including all Government departments, national, provincial and local, and in particular, to be a channel through which speedy and decisive action can be motivated in the best interests of the management of the Zandvlei Estuary;

2.3. To ensure that the Zandvlei Estuary is being managed in accordance with all applicable national and local legislation and in alignment with all prevailing policies;

2.4. To ensure that recreational activities, both consumptive and non-consumptive, are carried out and permitted within a framework that guarantees sustainability and minimizes negative effects on the system.

3. Forum Status.

3.1. The status of the Forum shall be that of an advisory body, whose resolutions shall be taken into account by all relevant public bodies or authorities with responsibilities pertaining to the management of the estuary.

3.2. The Forum may also establish Technical Working Groups to address specific issues of concern to the stakeholders.

4. The Estuary Boundaries.

4.1. For purposes of the Forum, the boundaries of the estuary are those adopted in the Estuary Management Plan, in which the estuary is defined as the area from the estuary mouth, to the upstream end of the wetlands. Both the northern and lateral boundaries comprise the 100 - year floodline as shown in Figure 1 below.

Fig.1 Boundaries of Zandvlei Estuary.

5. Membership of the Forum.

5.1. The ZEMF shall comprise at least 15 but not more than 25 members.

5.2. Members shall represent relevant government departments, NGO’s and local organizations and / or stakeholder sectors and / or be such persons having appropriate experience, expertise and skills in order to enable the ZEMF to carry out is functions.

5.3. The initial ZEMF shall comprise of members nominated through the nomination process under the Zandvlei Estuary Management Plan. These members shall serve for an initial period of two years. Thereafter, with the exception of those representing Government Departments, members shall resign, although they may be re-nominated by their respective organizations or, in the case of individuals, by the general membership.

5.4. Any member who represents any Government Department, NGO or any other organization on the ZEMF shall provide the ZEMF with proof of their appointment on behalf of the relevant organization.

5.5. With the agreement of its members, ZEMF shall be entitled to co-opt ad hoc representation of individuals or representatives of bodies who it considers necessary to perform its duties in any matter from time to time.

6. Meetings and Procedures.

6.1. Members of the ZEMF shall elect office bearers on an annual basis, which as a minimum shall comprise a Chairperson, Vice-Chairperson and Secretary / Treasurer.

6.2. The 1st meeting of ZEMF shall determine the frequency of meetings, which shall be at least twice a year. The ZEMF shall further agree the formalities to be followed at each meeting, including the required notice for meetings and the option to hold interim meetings via email if necessary, and then the procedures to be followed.

6.3. The quorum shall consist of half of the members of the ZEMF plus one, but which must include either the Chairman or the Vice Chairman.

6.4. In the event that a quorum is not achieved at a meeting where the required notice has been given, then such meeting shall be postponed for a period of seven days.
On re-convention at the same time and the same place, those members present shall constitute a forum and in the event that neither the Chairman nor the Vice Chairman is present, shall elect a Chairman from their number.

6.5. Should any member of the forum fail to attend two consecutive meetings such member shall be assumed to have resigned, and, in the event that it is a nominee of a Governmental Department, the department shall be advised accordingly.

6.6. Any member who is reasonably deemed incapable of fulfilling his duties for physical, mental, or practical reasons, or convicted of a felony, shall be required to resign.

6.7. In all instances the ZEMF shall endeavor to reach decisions by consensus.

6.8. However the Chairman may exercise the prerogative to determine that a resolution, on which consensus has not been achieved, should be put to the vote where a majority of 60% of positive votes shall cause it to be carried.

7. Liability.

7.1. No forum member shall be liable to any other person whatsoever for any act of omission by himself, by the Forum, or by its servants or agents.

8. Finance.

8.1. The ZEMF shall draft a budget for its financial requirements and endeavor to find a source / sources or party / parties that will undertake the funding thereof.

9. Amendments to the Constitution / TOR.

9.1. From time to time members shall be entitled to amend the Constitution subject to due notice thereof being given and such amendments being approved unanimously at any formal ZEMF meeting.

Annex 1.

LIST OF PROPOSED ORGANISATIONS FOR ZANDVLEI EM FORUM

1.  City of Cape Town
i)   Biodiversity Management,
ii)   City Parks & Amenities,
iii)  Roads, Stormwater & Catchment Management,
iv)  Water & Sanitation,
v)   Environmental Health,
vi)  Coastal.

2. DEA National: Oceans and Coasts
i)  Estuaries
ii) Pollution Divisions

3. DWA

4. Department of Agriculture, Forestry and Fisheries
i)  Landcare
ii) Fisheries

5. Department of Environmental Affairs and Development Planning (DEADP)(W.Cape)
i)  Coastal Management
ii) Pollution

6. Zandvlei Trust

7. Imperial Yacht Club

8. Peninsula Canoe Club

9. Muizenberg and Lakeside Ratepayers Association

10. Marina da Gama Association

11. Sea Scouts Base

12. Girl Guides

13. Cape Bird Club

14. WESSA

15. Fishing fraternity (Cape Piscatorial Society?)

                                                                                                                                                    

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