Earlier this week, BizNews published an editorial by FMF member Mike Hull in which he claimed the Free Market Foundation (FMF) is at a “destructive, doubtlessly deadly, philosophical and administration crossroad”. Hull’s article build forth that the FMF is facing a disaster, which has change into the topic of a Excessive Court project “against the legitimacy of rival claimants to the board”. In accordance with Hull’s article, BizNews received this response from Gail Day, the chairman of the FMF’s Executive Committee. – Nadya Swart
By Gail Day*
A failed strive used to be made on the 2020 AGM to hijack the Free Market Foundation (FMF). Mike Hull, as a single member, has brought a court docket utility against the FMF claiming its board is illegitimate. The central basis of Hull’s argument is that the chairman of the AGM used to be changed by a third occasion when the election of board contributors took station. This in accordance with him nullified the election results. His allegations safe no merit and are factually depraved. By strategy of the FMF structure the FMF’s deputy chairman presided over the vote casting which resulted within the election of the present board.
Hull lodged his case 13 months after the 2020 AGM. If genuinely enthusiastic, with the give a enhance to of handiest 9 a great deal of contributors, he could well even safe requisitioned a Particular Customary Meeting. He didn’t. Here is a particular indication that it is no longer the AGM or its result that has motivated the court docket action, but some trigger, as but undisclosed by him.
It seems within the gentle of the failure of his argument on the court docket papers, Hull wishes now to litigate in public. Here is extremely irregular. In his commentary (The coronary heart and soul of the FMF is beneath threat, 26 October 2021), Hull raises new points no longer lined in his court docket utility.
Hull says “invitations to seek the advice of … safe long past unanswered”. This unsuitable. A new supreme rule requires that after issuing summons, the occasion issuing the summons ought to provide mediation. This used to be no longer carried out by Hull. When Hull’s attorney talked about mediation to the FMF’s attorney, we requested for a written proposal. Hull’s attorney acknowledged he would ought to seek the advice of alongside with his client. We now safe but to ranking a response. Mediation used to be no longer proposed by Hull in a letter threatening to interdict the FMF’s August Particular Customary Meeting at which contributors voted overwhelmingly in give a enhance to of proposed amendments to the FMF’s structure introduced to forestall additional makes an attempt at hijacking of AGMs.
There is rarely this form of thing as a “petite coalition calling itself a “Camp””.
The FMF had no different but to oppose the utility as agreed by a majority of the board at a particular board meeting convened to resolve the matter. Obviously responding to the summons has used money and scarce workers sources; it is the inevitable final consequence of Hull’s issuing a summons against the FMF.
Hull says “the illegitimate board is pushing ahead with an AGM whereas the matter is earlier than the excessive court docket”. The AGM date used to be discipline a lot of months earlier than the Hull utility. Not handiest does the FMF’s Constitution require the AGM to be held but so does the legislation that governs Non-Profit Organisations (NPOs). Hull says that “many contributors will doubtless be ineligible to vote”. Here is merely spurious. Each FMF member in supreme standing is entitled to lend a hand the AGM and to vote.
Hull additionally argues that FMF has change into a “closed, elitist, illiberal and politicised club”. Of us who read what we write know that we proceed to honour our classical liberal values and free market principles. Of us who know about our Khaya Lam (My Dwelling) Land Reform Mission and our crimson tape low cost project, as an illustration, know the term “elitist” to be patent nonsense. As judicious one of many most main classical liberal organisations no longer handiest in South Africa, but on this planet, the FMF is this day extra committed than ever to non-racialism, to particular person liberty and to economic freedom.
Hull purports to be a buddy of the FMF, but is doing us incalculable bother. We hope that contributors and funders will proceed to take note who we’re, what we stand for, and how we safe consistently performed ourselves.
- Gail Day, Chairman: Executive Committee, Free Market Foundation
Learn Also:
- MAILBOX: The coronary heart and soul of the FMF is beneath threat
- MAILBOX: Disband the NCCC – NEASA supports the IRR’s name
- MAILBOX: GroundUp and vaccine immunosuppression – PANDA
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