FEED A CHILD TRUST

FEED A CHILD TRUST DEED

WHEREAS, BERNADINE MYNHARDT, a citizen of the Republic of Namibia

(hereinafter referred to as “The Founder”) is desirous of establishing the
hereinafter mentioned Trust and for that purpose to make the donation to the
Trustees upon the terms and conditions hereinafter set forth.

AND the persons mentioned hereafter are willing to accept the Donation as Commented [p1]: This is the initital donation made by the
founding trustee (usually 100 bucks because the bank won’t let
Trustees, you open an account with less than that. It is correct.

NOW THEREFORE it is agreed between the Founder and the Trustees as

follows:

1. DEFINITIONS AND INTERPRETATION

1.1 In this TRUST DEED, unless the context clearly indicates otherwise:

1.1.1 “MANAGEMENT COMMITTEE” means the body Formatted: Indent: Left: 0.49", Hanging: 0.49"
established by this deed as such as provided under
7.1.10 as read with paragraph 13.

1.1.2 “FOUNDING TRUSTEE” means BERNADINE MYNHARDT

1.1.3 “THE REPUBLIC” means the Republic of Namibia.

1.1.4 “The TRUST” means the TRUST established in terms of this

TRUST DEED.

1.1.5 “The TRUSTEES” means the persons, nominated and appointed

as the Initial Trustees in terms of this TRUST DEED, and the
persons subsequently nominated and appointed as TRUSTEES in
terms of this TRUST DEED from time to time.

1.2 The singular includes the plural, and reference to persons includes
reference to bodies corporate, and vice versa in all cases.

1.3 Reference to any gender includes reference to any other gender.

1.4 Reference to any statutory provision includes a reference to that

provision as modified, amended, extended or re-enacted from time to
time, and any statutory replacement of such provision from time to time.

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2. ESTABLISHMENT AND NAME OF THE TRUST

2.1 The Founders hereby creates a trust which is a Charitable and Social
Welfare trust to be known as FEED A CHILD TRUST (hereinafter called
“the Trust") for the object and subject to the terms and conditions set out
in this trust deed.

3. AIMS AND OBJECTIVES

3.1 The Trust shall have the following aims and objectives:

3.1.1 To provide at least one meal once a day to hungry children;

3.1.2 To promote children’s right to food;

3.1.3 To minimise children begging for food and eating from

dumpsters in Namibia;

3.1.4 To increase the number of children that have access to a

healthy meal in Namibia;

3.1.5 To provide assistance to struggling parents, orphans or other

vulnerable children who would otherwise not have access to
food on any particular day;

3.1.6 To encourage and promote the necessity of parents’

involvement and support in their children’s development;

3.1.7 To empower children to grow into responsible and healthy

adults;

3.1.8 To reduce the rate of children and infants dying due to

malnutrition and a lack of food;

3.1.9 To encourage self fulfilment and recognition of children’s rights

and their inherent dignity and pride so as to encourage the
development of their self esteem;

3.1.10 To foster and promote economical and social development of

less fortunate and vulnerable children;

3.1.11 To facilitate, promote and create social awareness and provide

platforms for social campaigns to foster a sense of self-
responsibility and participation in resolving social problems and
marginalisation of children’s rights generally;

3.1.12 To carry our research and consultancy activities to all

stakeholders involved in this process;

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3.1.13 To co-operate and network with other organisations with similar

aims and objectives;

3.1.14 To generally do all things necessary to achieve the aims of the

Trust.

4. BENEFICIARIES OF THE TRUST

4.1 The beneficiaries of the Trust are any vulnerable, less fortunate,
orphaned and/or disabled child in Namibia that has no access to food.

5. TRUSTEES

5.1 In addition to the Founder, the founder hereby appoints the following
Trustees as the first Trustees of the Trust.

5.2 The first trustees shall thus be BERNADINE MYNHARDT (founding

trustee and initial Chairperson), JURGEN VENINSIO JANSEN
and MILLICENT VALLERY MAASDORP who by appending their
respective signatures to this document accepts their appointment as
trustees respectively.

5.3 The Trust shall be administered and managed by a Board of not more
than (5) five Trustees and not less than (3) three.

5.4 The Trustees have to ensure the administration of the Trust and the
maintenance of records shall be subject to written instructions in
conformance with the Trust Deed, the objects of the Trust and the
Trust Monies Protection Act, 34 of 1934.

5.5 The Trustees shall be entitled to appear before any Registrar of Deeds
or like authority; to submit matters to arbitration; to institute or defend
legal proceedings in the name of the Trust; to sign any deeds,
documents or powers in connection with the foregoing, and generally to
do anything they deem necessary or expedient in connection with the
administration of the Trust, with the prior written approval by the
majority of Trustees.

5.6 The Trustees shall cause a proper set of accounts of the Trust to be
kept in which shall be recorded all transactions relating to the Trust.

5.7 The Trustees shall control the trust’s finances, and guarantee the
performance of contracts or obligations of the trust.

5.8 The Trustees shall safeguard and manage all the assets of the Trust.

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5.9 The Trustees shall appoint a credible (duly registered with the relevant
professional body) auditor for the institution on an annual basis to
produce annual financial reports.

6. TRUSTEES’ CONDITION OF APPOINTMENT, TERMINATION AND

REMOVAL

6.1 Upon any trustee vacating office for whatever reason, the trustees may
appoint a replacement by majority vote.

6.2 The office of the trustees shall be vacated:

6.2.1 If he shall die;

6.2.2 If he shall resign;

6.2.3 If he shall become unfit or incapable of managing his affairs; or

6.2.4 If he shall become of unsound mind or mentally incapable of

managing his affairs; or

6.2.5 If he shall become insolvent or go into sequestration or assign

his estate for the benefit of compound with his creditors; or

6.2.6 If the Trustee shall become disqualified in terms of the

Companies Act enforced from time to time to act as director of a
company; or

6.2.7 Being a representative of an organization is replaced by such an

organization.

6.3 A Trustee shall have the right at any time to resign from that office after
reasonable notice having been given to the Chairperson of the Board
of Trustees by the Trustee to this effect. In those circumstances the
other Trustees shall be entitled by majority vote to appoint a new
Trustee of choice.

6.4 The Trustees have the right to appoint the new Trustee after
reasonable notice having been given to the prospective Trustee to this
effect.

7. TRUSTEES' POWERS

7.1 The Trustees shall have Power to do the following things in furtherance
of its the Trust’s aims and objectives:

7.1.1 To apply for and receive funds, donations and gifts of money or
property of any description on behalf of the Trust;

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7.1.2 To provide, furnish and fit out a suitable location and other
premises as necessary, and to manage and maintain such
premises;

7.1.3 To purchase, lease or otherwise acquire or hold movable or

immovable property and to sell, sublease or otherwise dispose
of such property;

7.1.4 To enter into any contract of insurance in respect of any matter

in which the trust has an insurable interest;

7.1.5 To purchase, subscribe to or otherwise acquire books,

publications and other resource material;

7.1.6 To open and operate a bank account in the name of the trust;

7.1.7 To apply the funds of the trust in any reasonable manner in

furtherance of the aims and objectives of the trust;

7.1.8 To do any other lawful things that will further the aims and
objectives of the trust.

7.1.9 To safeguard the capital invested for the purposes of the Trust
by the investment of the trust capital in interest-bearing
securities and accordingly dealing with the assets forming part
of the Trust capital from time to time in such matter as the
Trustees in their discretion consider appropriate; all being
subject always to such specific directions concerning the
administration of the Trust and the devolution of the capital
thereof as might appear in the Deed.

7.1.10 To create sub-committees in the nature of an association to

provide for membership of volunteers to operate and further the
interests of any institution set up by this trust to achieve its aims
and objectives, which shall be referred to as the Management
Committee;

7.1.11 These powers may be carried out on behalf of the Trust by a

single Trustee with the prior approval by the majority of
Trustees.

7.1.12 The aforesaid powers shall however not limit the right of the
Trustees to perform any such act, matter or thing as the
Trustees may, from time to time consider being in the interest of
or for the advantage of the Trust and the persons benefiting in
terms of this Deed.
7.1.13 To enter into contracts of employment and to generally employ
staff when it is deemed necessary by the trustees for the
furtherance of the aims and objectives of the Trust.

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8. TRUSTEES’ PRIVILEGES

8.1 If the Trustees sue or are sued in any court of competent jurisdiction in
respect of any matter arising out of the Trust in respect of which they
acted in good faith, all costs incurred by the Trustees or awarded against
them in or arising out of such proceedings shall be a first charge on the
Trust Fund and the income thereof;

8.2 The Trustees shall be entitled to reimbursement out of the funds of the
Trust of all reasonable charges, expenses and disbursements incurred
by them in or arising out of their administration of the Trust, or their duties
as Trustees.

8.3 Any Trustee, partnership, company or organisation of which a Trustee

is a member, may be employed to render services to the Trust and in that
event the Trustee, partnership, company or organisation concerned shall
be entitled to be paid a reasonable remuneration for such services out of
the funds of the Trust. In such event, the Trustee concerned shall make
full disclosure of his/her interest therein and shall recuse him/herself from
the decision-making process of the Board pertaining to this specific
matter.

8.4 The Trustees shall not be personally liable for any loss which may be
suffered or sustained by the Trust, nor shall they be responsible for the
actions of any accountants, agents, legal practitioners and other
professionals appointed by them unless the Trustees acted mala fide or
negligently in this regard.

8.5 The Trustees shall be entitled to receive a salary/remuneration as

determined by the majority vote of the all the Trustees, in direct relation
to the work done by such Trustee on behalf of the Trust in order to meet
the aims and objectives of this Trust.

9. INDEMNITY AND EXEMPTION FROM FURNISHING SECURITY

9.1 The Trustees shall be indemnified by the Trust property against all
claims and demand of whatsoever nature that may be made upon them
arising out of the exercise or purported exercise of any of the powers
conferred on them by this Trust Deed provided that the exercise of
such powers was done in good faith.

9.2 If the Trustees shall bona fide make any payment to any person
assumed by them to be entitled thereto under this Deed, and it be
subsequently found that some other persons be entitled thereto under
this Deed, the Trustees shall nevertheless not be personally
responsible for any claim for moneys or assets so distributed.

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9.3 The Trustees shall not be personally liable for any debts and
obligations incurred in good faith on behalf of the Trust, and they will be
reimbursed for personal bona fide expenses incurred on behalf of the
Trust. The Trustees shall, furthermore, be exempted from furnishing
security for the performance of their duties in terms of the Trust Monies
Protection Act, 34 of 1934.

10. MINUTES AND ACCOUNTS

10.1 The Board of Trustees shall keep minutes of all its meetings and shall
also keep a proper set of accounts in respect of its transactions, which
accounts shall be audited annually by an auditor to be appointed by the
Board of Trustees. Such appointment may in the discretion of the
Trustees be varied from time to time. The auditor shall at all times have
access to such minutes and to all vouchers and records and to the
property of the Trust. An annual balance sheet and statement of
revenue and expenditure shall be prepared and certified as correct by
the Trustees and auditor. Such balance sheet and statement shall be
tabled at a meeting of the Board as soon as practicable after the said
documents have been released by the auditor and shall thereafter be
available to any relevant stakeholder.

10.2 It shall be a specific requirement that the records of the Trust shall be
kept in such a manner that capital paid by different donors into the
Trust for different purposes can be accounted for separately either by
way of donor or the purpose of such donation.

10.3 All funds received by the Trust from whatever source shall be
deposited into banking, savings or money market accounts to be
opened by the Trustees in the name of the Trust.

10.4 An auditor will be appointed as accountants to the Trust, who shall

annually compile financial statements and attend to the tax
administration of the Trust.

10.5 The aforesaid accountants and the Trustees are obliged to furnish the
Master of the High Court of Namibia with such information as he may
request relating to the affairs of the Trust.

11. MEETINGS

11.1 An Annual General Meeting (AGM) for all members of the Trust Board
shall be held once in each calendar year to evaluate the activities of
the previous year and to set policy and plan activities for the year at
hand.

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11.2 Notice of the AGM shall be directed to all Trustees at their last known
telephone number, email address or postal address at least two weeks
prior to the date of the meeting.

11.3 All decisions at the AGM shall be made by a majority (51%) of the
Trustees present at the meeting at which the decision is taken, unless
otherwise specified.

11.4 Additional general meetings may be convened as necessary by any

Trustee.

11.5 All meetings shall be chaired by the Trust´s Chairperson or by any of

the other Trustees in the absence of the Chairperson.

11.6 The Chairperson shall appoint one of the other Trustees to take
minutes at each meeting. Minutes of each meeting shall be made
available to all Trustees at or before the following meeting.

12. VARIATION OF TRUST

12.1 A two-third majority resolution of all the Trustees present at a special

general meeting convened for such purpose shall be conclusive as and
when a dispute or conflict arise or whether any variation of the trust
deed is affected.

13. MEMBERSHIP OF THE MANAGEMENT COMMITTEE

13.1 The Trustees may establish a sub-committee to be called the

“Management Committee” to manage, institutionalise and operate the
Trust in accordance with its aims and objectives.

13.2 Membership of the Management Committee is open to all individuals

who are invited by a joint invitation signed by all Trustees and who
show an involvement in and a commitment to the activities and ideals
of the Trust.

13.3 Full members: Full members are individuals who would like to take
part in the Trust’s continuing work and daily operation. They will be
expected to attend the regular meetings and to assist with the day to
day activities of the Trust.

13.4 Associate members: Associate members are individuals who would

like to support the Trust but are unable to make the time commitment
to become full members. They are expected to make themselves
available to the trust from time to time, when called upon, so that the
Trust may draw upon their skills and expertise. Associate members
may also be asked to advise the Trust from time to time on policy
matters. Associate members are welcome to attend regular meetings

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and to participate in its activities, but they will not be expected to do so

on a regular basis.

13.5 Participation: Both Associate Members and Full Members are eligible
to attend all meetings of the Management Committee and/or the
Annual General Meeting. However, only full members will be entitled to
vote at such meetings.

13.6 Removal: The Management Committee and/or the Trustees may

revoke an individual’s membership by majority vote if the Committee or
the Trustees finds that the member’s behaviour or conduct is
detrimental to the interest of the Trust.

14. MEETINGS OF THE MANAGEMENT COMMITTEE

14.1 An Annual General Meeting (AGM) for all members of the Management
Committee shall be held once in each calendar year to evaluate the
activities of the previous year and to set policy and plan activities for
the year at hand, subject to the Trustees approval.

14.2 Notice of the AGM shall be directed to all members (both associate and
full) at their last known telephone number, email address or postal
address at least two weeks prior to the date of the meeting.

14.3 All decisions at the AGM shall be made by a majority (51%) of the full
members present at the meeting at which the decision is taken, unless
otherwise specified, and submitted to the Board of Trustees for final
approval. A quorum shall be constituted by at least three members of
the Management Committee being present.

14.4 Additional general meetings may be convened as necessary by the

Chairperson of the Management Committee.

14.5 All meetings shall be chaired by the Chairperson of the Committee or

by the Vice Chairperson of the Committee in the absence of the
Chairperson. The Chairperson and Vice Chairperson of the
Management Committee shall serve as the Chairperson and Vice
Chairperson of the AGM.

14.6 The Secretary shall take minutes at each meeting. Minutes of each
meeting shall be made available to all members and the Trustees at or
before the following meeting.

15. FUNCTIONS AND ESTABLISHMENT OF THE MANAGEMENT

COMMITTEE

15.1 The Management Committee shall be responsible for the overall

control and day to day management of the objectives of the Trust.

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15.2 The members shall elect at the Annual General Meeting, the members
of the Management Committee by majority vote, with a maximum of
five members to serve on the Management Committee until the next
AGM. Only full members are eligible to serve on the Management
Committee. Each Trustee present at the AGM will have two votes for
purposes of this election, and the Chairperson of the Board of Trustees
shall have an additional casting vote, in the event that there is a tie.

15.3 The Management Committee shall comprise:

15.3.1 The Chairperson

15.3.2 The Vice-Chairperson
15.3.3 The Secretary
15.3.4 The Treasurer and
15.3.5 One additional member.

15.4 The first Management Committee will be appointed by the founding

Trustees by majority vote and will hold office for one year. Thereafter,
members of the Management Committee shall be elected annually at
the AGM.

15.5 Each member of the Management Committee may serve up to three
consecutive terms. Thereafter, additional terms of service may be
authorized by a majority (51%) vote of all the Trustees present at the
AGM.
Commented [p2]: Why limit the terms. If they are voted for
by the AGM, then if they are kak they won’t get re-elected. If
they are competent they will be and it would be nice to have
competent people as long as possible?

15.6 Management Committee members will be deemed to have resigned if

they fail to attend three (3) consecutive meetings without a suitable
reason.

15.7 If any member of the Management Committee resigns or is repeatedly

unavailable to carry out his/her responsibilities, the Chairperson may
convene a meeting of the committee in order to remove that member.
The Chairperson of the Management Committee, in consultation with
the rest of the Management Committee, as well as the Board of
Trustees may appoint a replacement to be confirmed in the normal
course at the next AGM.

15.8 The Management Committee may convene meetings throughout the

year as necessary. The time, date, and place of such meetings must
be announced to all members of the Management Committee at least
one week prior to the meeting.

15.9 Meetings may be conducted by way of electronic media such as email

and Skype provided that sufficient members are represented to achieve
a quorum.

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16. GENERAL POWERS AND DUTIES OF THE MANAGEMENT

COMMITTEE

16.1 The Management Committee will have the duty to apply any policy
decisions made by the membership or Trustees into practice.

16.2 Decisions of the Management Committee shall be by majority vote of

members present at any meeting where there is a quorum. A quorum
will be half thethree members plus one (1).present.

16.3 Subject to the terms of this Trust Deed and any directions contained in
resolutions passed by the members in general meetings, the
Management Committee shall have the necessary powers and
authority to manage the kitchen and its operation and shall exercise its
powers, as it considers appropriate to achieve the objectives of the
trust.

16.4 The Management Committee shall not be personally liable for any acts
and/or omissions, provided only that the said committee should have
acted in good faith.

16.5 The general duties of the Management Committee shall include the
following:

16.5.1 To act as a communication channel for and on behalf of its

members;

16.5.2 To ensure that the objectives of the Trust Deed are being
fulfilled and maintained at all times;

16.5.3 To create programs and activities that serve to fulfil the aims
and objectives of the Trust;

16.5.4 To create guidelines and policies regulating the day to day

operation of the programme.

16.6 Chairperson: The Chairperson shall be responsible for the following:

16.6.1 Convening of meetings on a regular basis and whenever

required to do so by members;

16.6.2 Chairing and providing overall direction at all the meetings of the
Management Committee;

16.6.3 Compiling of an annual report for the Annual General Meeting;

16.6.4 Any other function necessary for the success of the programme.

16.7 Secretary: The Secretary shall be responsible for the following:

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16.7.1 Issuing notices concerning all meetings of the members to be

forwarded to the members at least 1 week prior to the meeting;

16.7.2 Recording minutes of all meetings of the members of the

of the Management Committee;

16.7.3 Conducting all correspondence on behalf of the trust and/or

Management Committee;

16.7.4 Ensuring the safekeeping of all relevant documents of the trust.

16.8 Treasurer: The Treasurer shall be responsible for the following

16.8.1 Maintaining a record of all income received and expenditure

incurred by the trust;

16.8.2 Issuing receipts for money received by the trust;

16.8.3 Ensuring that the Trust’s funds are utilized in accordance with
the trust budget;

16.8.4 Submitting financial reports to the Management Committee and

the general membership as needed, but at least once per year;

16.8.5 Ensuring that no funds are made available to members as

personal loans;

16.8.6 Preparation of the annual budget of the trust; and

16.8.7 Presentation of an annual financial report and a budget for the

following year at the AGM.

16.9 Any and all other responsibilities of the Management Committee may
be delegated by the Committee to any Management Committee
member or Trustee.

16.10 Members of the Management Committee may receive remuneration for

their service as Management Committee members.

16.11 The Trustees shall have the power to review any decision that the
Management Committee has made.

17. DISCIPLINARY PROCEDURES

17.1 In the event that any staff member of the trust or the Management
Committee be accused of committing any dishonesty, fraud and/or any
other unethical or irregular conduct in contravention of the spirit and
purpose of the trust, a disciplinary board will be convened as soon as
possible by the Chairperson and/or the Deputy Chairperson of the

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Board of Trustees who will designate a chairperson to convene a

disciplinary hearing. The procedure of the disciplinary hearing will take
place in accordance with the direction of the chairperson of the
disciplinary board.

17.2 In the event that the Chairperson, Secretary or Treasurer of the

Management Committee of the trust be accused of committing any
dishonesty, fraud and/or any other unethical or irregular conduct in
contravention of the spirit and purpose of the trust, a disciplinary board
will be convened as soon possible by the Chairperson of the Board of
Trustees and a chairperson of the disciplinary board will be designated.
The procedure of the disciplinary hearing will be in accordance with the
direction of the chairperson of the disciplinary board.

17.3 The accused party will have the right to present his/her defence by
either giving evidence himself/herself or calling witnesses in his/her
favour to support his/her evidence. The accused person will also have
the right to question any person who has given evidence against
him/her.

17.4 The accused person will have the right to appeal to any decision of the
Chairperson of the Disciplinary Board, so convened.

17.5 The appeal shall be directed to the Chairperson of the Board of

Trustees, and two or more staff members as directed by the
Chairperson of the board of trustees, and the decision of such Appeal
Board shall be final.

18. SIGNATURE OF DOCUMENTS

18.1 All contracts, deeds and other documents which require to be signed
on behalf of the Trust shall be signed in such a manner as the Trustees
shall from time to time determine.

19. DURATION OF THE TRUST

19.1 The Trust shall endure for an indeterminate period, and shall be
terminated upon a unanimous decision of all of the Trustees in which
event the assets shall be disposed of upon the discretion of the Board
of Trustees.

20. TRUST BANK ACCOUNT

20.1 A trust banking account shall be opened to be held in the name of the
Trust at BANK WINDHOEK at its branch in Windhoek, Namibia.
However, notwithstanding the above, the trustees, on a majority vote,
and acting in the best interest of the trust may change the banking

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facility provided that notification of such change of banking particulars

is given to the Master of the High Court.

21. TRUST CAPITAL

21.1 The Founder hereby donates irrevocably to the Trust the sum of one
hundred Namibian Dollars (N$100-00) which sum (hereinafter
referred to as "the Capital") shall comprise the trust fund together with
any additions and accretions thereto from other sources. The trust fund
shall be held in trust and utilised in furtherance of the objects, subject
further to the conditions hereinafter set forth.

22. DISSOLUTION OF THE TRUST

22.1 The Trust may be dissolved by a unanimous decision of all of the

Trustees present at a meeting convened for this purpose, provided that
notice of this meeting has been directed to all Trustees at their last-
known telephone number, email address or postal address at least two
weeks prior to the date of the meeting.

21.1 In the event of dissolution of the Trust, the entire Trust funds shall be
realized and first be used for payment of liabilities of the Trust. The
assets left if any, shall be disbursed upon a unanimous decision of all
of the Trustees present at the meeting, to a similar trust or organization
with the same aims and objectives as the trust established by this
deed.

23. AMENDMENTS OF THE TRUST DEED

23.1 The Trust Deed may be amended only by a two-thirds majority of those
present at a meeting open to all Trustees, or by agreement of two-
thirds of all those Trustees who respond after circulation of written
notice of proposed amendments to each Trustee’s last known email or
postal address.

24. NATIONAL WELFARE ACT 79 of 1965 (as amended):

24.1 It is the intention of the Founding Trustee to register the trust as a

welfare organisation as defined in terms of the above legislation and as
required in terms of Section 16 on the basis that the trust shall pursue
its objectives by:

24.1.1 carrying on of social work by individual treatment, group work or

community organization;

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24.1.2 the provision of food to vulnerable, orphaned and less-fortunate

children in the form of one balanced meal once a day;

24.1.3 the carrying on of charitable activities in relation to children who

are in need and require assistance, due to a lack of food;

24.1.4 the prevention of social distress amongst children;

24.1.5 the collection of funds for any of the objects specified in the
preceding paragraphs,

AND the said Trustees acknowledge having accepted the foregoing donation for
the purpose of the formation of the above Trust, subject to the conditions herein
recorded.

SIGNED at ................................ on this …….. day of ...................... 2015 in the

presence of the undersigned witnesses:

Witnesses:

1)....................................

...........................................................
2).................................... BERNADINE MYNHARDT

Witnesses:

1)....................................

……………..........................................
2).................................... JURGEN VENINSIO JANSEN

Witnesses:

1)....................................

...........................................................
2).................................... MILLICENT VALLERY MAASDORP

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