Thari ya Baruti Terms & Conditions

14 1.43 “Thari ya Baruti Pukwana ya Kganya Contract(s)” means the Thari ya Baruti Pukwana ya Kganya Contract made available to a Church Official as a Member pursuant to Membership to the Trust. The Thari ya Baruti Pukwana ya Kganya Contract is an insurance contract between the Church Official as Member (in his capacity as policyholder) and the Insurer, procured by the Trust for a Church Official as Member in terms of the Trust Deed, read with the Enhanced Benefits Regulations; 1.44 “Trust” means the trustees for the time being of the Kganya Benefits Fund Trust (master’s reference number IT 6797/00), a trust registered as such in terms of the Trust Property Control Act, 57 of 1988, with its main place of business at 328 Rivonia Boulevard, Ground Floor - South Wing, Rivonia, 2128 or such other address as may be determined by the trustees from time to time. The Trust is represented by Joseph Mashila Mosotho in his capacity as managing trustee of the Trust, duly authorised thereto; 1.45 “Trust Deed” means the trust deed of the Trust, as amended and restated from time to time; 1.46 “Youth Committee Member(s)” means a Member who has officially been appointed by the ZCC head office at Moria as a youth committee member or youth committee shadow member of a committee delegated by the ZCC, to perform agreed functions relating to a specific Church Branch; and 1.47 “ZCC” means the Zion Christian Church, with its main place of business situated at Zion City, Boyne, Limpopo Province. 2. Introduction 2.1 The Trust is a permanent Trust established for the purpose of procuring and/or providing the Benefits for the Members who – 2.1.1 have paid their Membership Contributions; and 2.1.2 qualify for the Benefits in terms of the Regulations. 2.2 In addition to its objective of procuring and/or providing the Benefits for the Members as set out in regulation 2.1 above, the Trust may in its sole discretion, as provided for in the Trust Deed - 2.2.1 procure and/or provide other benefits for the Members; and 2.2.2 facilitate, develop, uplift, assist and participate in other projects for the benefit of Members, the ZCC, communities and other third parties who qualify as trust beneficiaries, in accordance with the provisions of the Trust Deed. 2.3 In accordance with the Trust Deed, the Trust is required to issue - 2.3.1 the Master Regulations setting out, amongst others, the requirements for Membership to the Trust, and to deal with related matters such as the Membership rights and payment of Membership Contributions; 2.3.2 the Basic Benefits Regulations dealing with the Basic Benefits available to Members (other than Church Officials who are Members); and 2.3.3 the Enhanced Benefits Regulations dealing with the Enhanced Benefits available to Church Officials who are Members. 2.4 In order to qualify for Membership to the Trust, and thereby the Benefits, a Member must satisfy the qualifying requirements set out in these Master Regulations, as well as the specific requirements set out in the Basic Benefits Regulations and/or the Enhanced Benefits Regulations, as applicable. 3. Amendment and replacement of the Master Regulations and all other Regulations 3.1 The Trust was established during 2000 by the ZCC as donor for the purpose of, amongst others, providing and/or procuring benefits for the Members as vested beneficiaries of the Trust. 3.2 Due to a change in the applicable insurance laws, certain amendments had to be made to the Trust as set out in the Trust Deed. 3.3 The amendments to the Trust Deed have been confirmed by an order of the High Court under case number 62972/2021, as contemplated in section 13 of the Trust Property Control Act, 57 of 1988. 3.4 The changes to the Trust and the Trust Deed have resulted in changes to the rights of the Members, which changes take effect from the Effective Date. 3.5 As such, the Trust issues these amended Master Regulations and the Regulations, which replace in totality all previous Master Regulations and all regulations previously issued by the Trust with effect from the Commencement Date. 4. Important Provisions 4.1 To the extent that the Consumer Protection Act applies to these Master Regulations, the Trust has a duty to point out certain important provisions in these Master Regulations. The clauses which contain these important provisions and reasons why they are important are set out below. 4.1.1 Limitation of risk, legal responsibilities and liability 4.1.1.1 Regulation 7.4.9 and regulation 18.6 of these Master Regulations and clauses 23.6 and 23.7 of the Trust Deed are important because they limit and exclude obligations, liabilities and legal responsibilities that the Trust and other persons or entities may otherwise have to a Member. 4.1.1.2 As a result of these clauses, a Member’s rights and/or remedies against the Trust and these other persons and entities are limited and excluded. These clauses also limit and exclude a Member’s right to recover or make claims for losses, damages, liability or harm a Member or others may suffer. 4.1.2 Assumptions of risks, legal responsibilities and liabilities of and by a Member 4.1.2.1 Regulation 7.4.6, regulation 7.4.7, regulation 7.4.8, regulation 7.5.4 and regulation 13.2 are important because a Member takes on risk, legal responsibilities and liability. 4.1.2.2 As a result of these clauses, a Member may also be responsible for claims and other amounts. 4.1.2.3 A Member will also be responsible for, and accepts, various risks, damages, harm, and injury which may be suffered by a Member and others for what is stated in these clauses. 4.1.3 Indemnities by a Member 4.1.3.1 Clause 23.8 of the Trust Deed requires a Member to indemnify (hold harmless) the Trust against claims, loss, damages, and harm that may be suffered by the Trust and other persons or entities as a result of the events set out in clause 23.8 of the Trust Deed. 5. Commencement 5.1 These Master Regulations commence with effect from the Commencement Date and shall endure until terminated by the Trust in accordance with regulation 15.3.1. 5.2 As recorded in regulation 3.5, these Master Regulations replace all Master Regulations previously issued by the Trust.