Prepared by me

_____________________
BRIAN DUBE
Notary Public

Protocol No….... / 20

GWERU RESIDENTS AND RATE-PAYERS ASSOCIATION

NOTARIAL DEED OF TRUST
KNOW ALL MEN TO WHOM IT MAY CONCERN

THAT on this ……day of ………………….. in the year of our Lord Two

Thousand and Twenty (2020), before me BRIAN DUBE a Legal Practitioner
and Notary Public by lawful authority duly sworn and admitted, residing
and practicing in Harare, Zimbabwe and in the presence of the undersigned
witnesses, personally came and appeared:
CORNILIA SELIPIWE
(Born on 17 March 1976)
(Identification Number 29-178289 -F-77)
(OF HOUSE NUMBER 4016-1 MKOB 10, GWERU)
(Hereinafter referred to as the Founder/Chairperson/Trustee)

/And the………

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 AND THE SAID APPEARERS DECLARED THAT WHEREAS:
A. The Founder and the Trustees are desirous of creating a Trust for
the sole purpose of benefiting the nominated Beneficiaries;

B. The Founder hereby declared to appoint the following as Trustees

for the purpose of administration of the said Trust;

LUCKSON SHERENI MUGARA

(Born on 18 June 1948)
(Identification Number 29-043647 –F-38)
(OF HOUSE NUMBER 146 MKOBA 3, GWERU)

And

ALBERT CHADOKA
(Born on 06 December 1977)
(Identification Number 29-190882 -T-18)
(OF HOUSE NUMBER 4088 MKOBA 10, GWERU

And
FLORENCE MUDZURANDENDE
(Born on 27 October 1983)
(Identification Number 56-2001306-E-25)
(Of STAND NUMBER 2 COLENBRANDER AVENUE, LUNDI PARK, GWERU)

And

ARTHUR FIDELIS CHIKEREMA

(Born on 26 February 1981)
(Identification Number 18-080315 –Q-18)
(OF GWERU GENRAL HOSPITAL, SHURUGWI ROAD, GWERU)

And

CATHERINE MPANDAGUTA
(Born ………………………..)
(Identification Number 29-147321-V-58)
(OF HOUSE NUMBER 4 BERWICK, SOUTHDOWNS, GWERU)
(Hereinafter referred to as “the Trustees”)

/and the …………

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AND THE SAID APPEARER DECLARED THAT:

WHEREAS;
A- The Founder being a resident of Gweru and being a rate-payer and
recipient of services from the City of Gweru do hereby form and found
the Gweru Residents and Rate-payers Association for the purposes of
assisting/representing all Gweru Residents and rate-payers in
accessing efficient and effective service delivery from Gweru City
Council. The furtherance of the objectives of the Trust are hereinafter
set out.
B- The Trustees at the request of the Founder have agreed to serve as
Trustees of the Trust.

NOW THEREFORE THESE PRESENTS WITNESSETH THAT:

1. FORMATION OF TRUST

A trust with the purposes and objectives hereinafter set out is hereby
founded and established by CORNILIA SELIPIWE who has donated
the sum of US$5 000.00 for the establishment of the trust.
2. NAME OF TRUST

A trust named “GWERU RESIDENTS AND RATE-PAYERS

ASSOCIATION” is hereby founded and established, abbreviated as
GRRA (hereinafter referred to as “the Trust”).
3. INTERPRETATION

That in this Trust Deed the following expressions shall have the following
meanings namely;

(a) “Beneficiaries” – shall mean all permanent/ temporary Gweru

Residents and Rates- Payers, both natural and juristic persons and
any other persons to be specifically nominated by the Trustees.

(b) “Trust” - shall mean GWERU RESIDENTS AND RATE-PAYERS

ASSOCIATION herein created.
(c) GRRA - Shall mean GWERU RESIDENTS AND RATE-PAYERS
ASSOCIATION
(d) “Trustees” shall mean Trustees (including the Founder/
chairperson/Trustee) for the time being of the Trust and/or any
successors duly appointed to that office of this Trust Deed and the
word “Trustee” shall have a corresponding singular meaning;

/Trust Fund………..

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 (e) “Trust Fund” shall mean and include: -;
i) The assets, money, securities or investments donated,
bequeathed to or settled on the Trust and other assets including
moveable and immoveable and any other kind acquired by way of
gifts or donations, acquisitions, allotments, grant exchange or
otherwise.
ii) All income accruing from time to time and at any time to the
Trust;
iii) The investments and property at any time representing the
assets of the Trust.

4. GUIDING PRINCIPLES

(a) Inclusivity
(b) Transparency
(c) Non Partisan
(d) Accountability
(e) Constitunalism

5. VISION

To monitor, evaluate and advocate for efficient and effective service

delivery to all residents residing in Gweru in respect of water supply,
power supply, refuse collection, road construction and maintenance or
any other related issues hereto.

6. OBJECTIVES

The Trust is hereby created to carry out the following objectives;

i) To be an effective watch dog and a vehicle for effective social

transformation and good Governance in Gweru.
ii) To demand for the provision of quality and timeous municipal
services viz including but not limited to the following:
(a) Timeous bin and refuse collection.
(b) Reasonable availability of water in both residential and
business areas.
(c) Immediate repairing of roads (e.g. filling of potholes) in the
Streets, Central Business Centre and any other roads in
Gweru.
(d) Immediate and effective repairing of water pipes and sewer
pipes when they burst.

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 /clearing of ………
(e) Clearing of bushes along all roads and Streets
(f) Reasonable availability of electricity in both residential and
business areas.
(g) Immediate repairing of robots (e.g. installation of solar
backed robots or robots backed by other different power
systems) in the Gweru Central business Centre and other
delicate places in Gweru.
iii) To provide for civil education on policy formulation and any
other monitoring mechanisms for the benefit of Gweru
Residents and Rate-payers.
iv) To lobby and advocate for democratic engagements between
Gweru residents, rate-payers and Gweru City Council to enable
that the waters bills, Rates bills and any other bills being
charged by Council are reasonable, justified and proportional
to the services being rendered.
v) To promote sustainable urban environment management.
vi) To encourage ethical, economic, modern and efficient methods
of service delivery by Gweru City Council.
vii) To promote the betterment of Gweru residents and rate-payers
in the attainment of their economic and social goals through
efficient service delivery by Gweru City Council.
viii) To mobilize resources to help further the objectives of the Trust
through partnerships with other Associations with similar
vision.
ix) To source funding for less privileged beneficiaries.
x) Promote economic and social growth as well as prosperity in the
City of Gweru at large.

7. APPOINTMENT OF TRUSTEES

(i) There shall be a minimum of 3 (three) and not more than

7(seven) Trustees at any given time provided a lower
number may act only for the purposes of procuring the
appointment of additional members of TRUSTEES.

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 /the founding ……..
(ii) The Founding Trustee by this Deed appoints himself as
the Trustee for the purpose of holding and administering
the funds, investments and assets of the Trust under and
in accordance with the terms of this Deed together with
any further funds, investments or assets which the
Founding Trustee or any other person may after the date
of this Deed allot, transfer, deliver or bequeath to the
Trust and/or the Trustees.

(iii) The Founding Trustee afore-named in this Deed shall

be the first Trustee of this Trust and he may not be
removed from office in his lifetime save for his own
choice. The other subsequent appointed Trustees may
be removed from office in terms of this Deed.

(iv) The Board of Trustees shall always be composed of

individuals appointed at the commencement of the Trust
or to be appointed by the Trustees, in criteria which shall
include but may not be limited to possession of skills,
qualifications, responsibility, status, and or proven
interest in Trust work or knowledge deemed by the
Trustees to be necessary for the Trust.

(v) Trustees by this Deed accept appointment as Trustees.

(vi) The following persons shall be disqualified from

serving or being appointed as Trustees:

(a) Any person who is disqualified in terms of the

company laws for the time being of the Republic of
Zimbabwe from occupying office as a director of a
company;
(b) Any person whose estate has been sequestrated
(provisionally or finally) and has not been
rehabilitated;
(c) Any person who has been found, by a competent
authority, to be of unsound mind or a lunatic or
declared incapable of managing his or her own
affairs.

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 /a trustee…………
(vii) A Trustee shall cease to hold office if:

(a) He or she is disqualified from holding office as such

in terms of aforementioned clauses.
(b) He or she resigns his office as Trustee by notice in
writing to the Trustees;
(c) He or she becomes disqualified in law to hold the
office of Trustee;
(d) He or she is dismissed or replaced as Trustee in
accordance with the provisions of this Trust Deed;
(e) He or she has been grossly negligent or dishonest in
running the Trust affairs and the majority of the
Trustees resolve that he should be removed from
office.
(viii) The Trust Fund shall not form part of the personal estates
of the Trustees, and all Trust property shall be registered
in the name of the Trust.
(ix) The Trustees and/or office bearers appointed by the
Trustees shall have no rights to the property of the Trust
or any Trust assets solely by virtue of their being Trustees
or office bearers of the Trust.
(x) In the event that the Trust is left with less than 3(three)
Trustees for whatever reason, the remaining Trustees
shall have the power to appoint subsequent Trustees.
(xi) Upon the death of the Founding Trustees, a Trustee shall
only be allowed to be Trustee for a period of not more
than five years, from the death of the Founding Trustees.

8. THE STRUCTURE

The Trust shall operate as a single entity. The structure shall consist of
the Chairperson, Secretary, Treasurer and 2(two) Committee Members.
The Executive Director shall be responsible for the day to day operation
of the Trust and reporting to the Board of Trustees.

9. POWERS OF TRUSTEES

9.1.1. That the Trustees shall have powers as may be necessary to enable
them to administer the Trust in such manner as their opinions may
be most advantageous for the Trust and the attainment of its objects
and without prejudice to the generality hereof, they shall especially
have the following powers:

/to open……..

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9.1.2. To open and operate bank accounts, savings and building society
accounts with any registered institution or accept deposits in the
name of the Trust, to draw, make and accept, endorse and discount
cheques, promissory notes, bills of exchange and other negotiable
instruments.
9.1.3. To hold and administer the Trust Fund upon trust from time to time
and at any time to apply and utilize the whole or part of the capital
and income thereof in the fulfilment of the objects of the Trust as set
out in Clause 4 of this Trust Deed in particular the Trustees shall
have the specific authority to make advances both in money and in
kind from the Trust.
9.1.4. The Trustees shall keep or cause to be kept a proper set of accounts
in respect of their transaction which accounts may be at the
unfettered discretion of the Trustees be audited annually by an
Auditor to be appointed by Trustees. Any bookkeepers, secretaries or
in terms hereof may, in the sole discretion of the Trustees, be varied
from time to time and shall at all times have access to all figures and
records and to the property. An annual balance sheet and statement
of revenue and expenditure shall be prepared, certified as correct by
the Trustees and the Auditors, if one is appointed.
9.1.5. To act in any manner and exercise all such rights and powers as if
they were the beneficial owners of the monies, funds and other assets
of any nature whatsoever of the Trust.
9.1.6. To purchase, sell or acquire in any manner whatsoever immovable,
movable and any other property.
9.1.7. To sell, transfer, alienate dispose of in any manner whatsoever and
from to time to time release the assets of the Trust and convert them
into money, to invest the proceeds thereof and other funds of the trust
derived from such investments not required for the immediate usage
of the Trust.
9.1.8. To invest any monies which are part of the Trust Fund and any
securities which are part of the Trust Fund and to realize such funds
and securities from time to time for the purpose of producing income
for the Trust Fund in such a manner as the Trustees may in their
absolute discretion think fit and generally to invest any all of the
funds in their sole unfettered discretion.
9.1.9. To expend the funds of the Trust in any manner which they consider
beneficial for the maintenance, improvement or alteration of the
assets or any of the funds of the Trust or in any manner which they
consider to be in the pursuance of the objects of the Trust.

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 /without ………

9.1.10. Without prejudice to the generality hereof it is recorded that the

Trustees may expend the funds to the Trust to make awards by way of
grants, loans or payments of any nature whatsoever to any beneficiary
by way of an advance against any interim of final distribution or any
other manner whatsoever or to any person or institution whatsoever
in any form whatsoever at the sole unfettered discretion of the
Trustees.
9.1.11. To lend money on the security of mortgage bonds, pledges of
leasehold property or otherwise or without any security whatsoever if
that is considered to be in the interests of the Trust in their sole
unfettered discretion.
9.1.12. To borrow money and if necessary, mortgage any immovable
property owned by the Trust or to be acquired by the Trust or pledge
as security therefore in their sole unfettered discretion.
9.1.13. To let and hire property and allow any person to occupy any
building belonging to the Trust free of charge or on such terms and
conditions as the Trustees may in their sole unfettered discretion see
fit.
9.1.14. To pay all rates and taxes and any other expenses of any nature
whatsoever incurred in respect of the administration of the Trust in
their sole unfettered discretion.
9.1.15. To employ on full time or part time basis, persons to carry out
the objects of the Trust, to manage its affairs, care for and maintain
the trust’s facilities. Generally, to serve the interests of the association
and pay them of Trust Funds in their sole unfettered discretion.
9.1.16. To take action in Court of Law for the recovery of any monies
due to the Trust or compel the fulfilment of obligations in favour of the
Trust and likewise to institute and defend any proceedings which may
be instituted against the Trust in their sole unfettered discretion.
9.1.17. To allow time for payment of debts due to Trust and
compromise claims by the Trust.
9.1.18. To carry on business in terms of any partnership entered into
from the funds or with assets of the trust and exercise all such powers
as may be necessary to carry on such business in their sole unfettered
discretion.
9.1.19. To guarantee or indemnify the payment of monies or debts by
any person, firm or company and guarantee, indemnify or become
surety either jointly or singly for the due performance of any contract,
agreement, covenant or obligation for and on behalf of any person,
firm or company and for those purposes to enter into such Acts and
Deeds of suretyship and guarantees as may be necessary to enable
the Trust be a surety and co-principal debtor and guarantor for any
obligation whatsoever for any such person or company.

9|Page
 /to appoint ………..
9.1.20. To appoint additional Trustees either to replace vacancies
caused by death or resignation of any of them or purely to add to their
number. In the event of all Trustees passing away at the same time, it
is recorded that their executors shall be interim Trustees who shall
administer the Trust for the period up to the appointment of
substantive Trustees by the beneficiaries whereupon they shall cease
to be Trustees.
9.1.21. To alter or change the name of the Trust at any time, with the
general consent of all the trustees.
9.1.22. To institute and defend proceedings at law and to proceed to the
final end and determine thereof and to enter into any compromise and
to submit any matter, thing, claim or demand to arbitration.
9.1.23. To generally have power to do all things which, and to execute
all such deeds, documents, instruments, and other writings as, the
Trustees shall consider necessary or desirable for the purpose of
carrying out the Trust, including the power to wind up the Trust.
9.1.24. To distribute the net income derived from the Trust Fund after
payment of the costs of administration of the Trust in their sole
absolute unfettered discretion.
9.1.25. The Trustees shall have the power to withdraw any benefit from
any beneficiary and the decision to withdraw the assistance or benefit
to any Beneficiary shall be made via a resolution through a majority
vote.
9.1.26. The Trustees shall have the power to remove any Trustee from
office who intentionally or negligently conducted himself/herself in a
manner detrimental to the objectives of the Trust and the decision to
remove the Trustee shall be by a majority vote at a special meeting
with a quorum of not less than (5) Trustees.

10. PROCEEDINGS OF THE TRUSTEES

10.1.1. The Trustees shall, as they may determine from time to time,
meet to consider and administer the affairs of the Trust, but may
appoint one or more of them to administer the day to day affairs of the
Trust, including the manner in which the funds of the Trust should be
applied in furtherance of its objects and the amounts to be expended
by the Trust from time to time;
10.1.2. The Trustees shall be entitled to nominate one or more of them, or
delegate their authority to any person or persons selected by them, for
the purpose of management of the Trust and execution of all
documents of any nature relating to the carrying out of the purposes
of the Trust including documents in connection with the investment

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 and realisation of the Trust, which realisation shall be in whatever
manner they may think fit;

/should……..
10.1.3. Should any difference arise among the Trustees in regard to the
affairs of the Trust, the same shall be determined by a majority vote of
the Trustees taken at a meeting of the Trustees convened on not less
than forty-eight (48) hours’ notice and in the event of the Trustees
being equally divided after a vote, the founders who are not Trustees
shall have a casting vote. The quorum for such a meeting shall be five
(5)
10.1.4. Every Trustee shall be bound to disclose his or her interest
whether direct or indirect in any manner or contact before the
Trustees or involving the Trust and shall be bound to excuse
himself/herself from proceedings and not take part in the discussions
or decision of the matter may not use his/her proxy. Breach of this
provision shall lead to automatic disqualification of the concerned
Trustee.
10.1.5. With the approval of the remaining Trustees, any Trustees may
appoint an alternate to represent him or her during a period of
temporary absence from Zimbabwe;
10.1.6. The Trustees shall keep or cause to be kept a proper set of
minutes of all meetings;
10.1.7. A resolution in writing, signed by all the Trustees, shall be valid
and effectual as if it had been passed at a meeting of Trustees duly
convened and held.

11. MEMBERSHIP

Membership categories may be created by the Board of Trustees which

at its discretion shall determine the terms, obligations and privileges of
such membership. Such members shall have no voting rights in the
affairs of the Trust.
12. LEGAL STATUS

a) The structure of the Trust shall constitute of Board of Trustees.

b) The Trust shall be a body corporate and shall be capable of suing and
being sued in its corporate name.
c) The Trust shall have perpetual succession and shall continue as an
entity notwithstanding any changes in the membership of the Trust
and shall hold property distinct from its Members.
d) No Member of the Trust shall have any rights in or to the Trust
property by reason of his membership.

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 /the trustee………
e) The Trustee may cease to be a member if: he/she is convicted
anywhere of theft, fraud, forgery and uttering a forged document, or
perjury, and is sentenced therefore to imprisonment without the
option of a fine or a fine of any amount; he/she is certified insane,
he/she resigns by notice in writing to the other Trustees; he/she is
removed by any competent court for misconduct from any office or
trust, an order is made under any Act disqualifying him/her from
acting as a Trustee.
f) The Trustees shall call an Annual General Meeting of the Members of
the Trust once in every year, and shall have the right to call an
extraordinary General Meeting of Members at any time in their
discretion.
g) The Annual General Meeting shall be called on Twenty one (21) days’
Notice in writing at least, and a General Meeting other than an Annual
General Meeting shall be called by fourteen (14) days’ notice at the
least.
h) The business to be transacted at any General meeting of Members
shall be the business specified in the notice calling the meeting.
i) The quorum of the Annual General Meeting shall be two thirds of all
the paid up membership present.
j) If within half an hour from time appointed for the holding of any
meeting a quorum is no present, the Board shall at once give notice of
the fact that a quorum was no present to all Trustees and Members as
the case may be and shall at the same time summon a meeting for the
earliest convenient date. Thereafter the Trustees and Members
attending such meeting shall form a quorum irrespective of their
number.
k) The Chairperson at any such meeting shall be the Chairperson for the
time being of the Board of Trustees, or in his absence the Secretary or
if both are not present within Fifteen (15) minutes after the time
appointed for the holding of the meeting the Trustees present shall
elect one of their member to be the Chairperson of the meeting.

13. DECISIONS OF TRUSTEES

THAT no decision of the Trustees shall be attached or questioned

in a Court of Law Arbitration, nor shall the Trustees be liable for
any loss or depreciation which may be sustained by the Trust
unless the Trustees have acted mala fide or where such loss or
depreciation has arisen as a result of dishonesty on the part of the
Trustees.

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14. TERM OF OFFICE
The first board of Trustees shall hold office for a period of five (5)
years. Thereafter the term of office of the Trustees shall be three (3)
years. Outgoing Trustees of the Board of Trustees in good standing
shall be eligible for re-election.
/administration ……..

15. ADMINISTRATION OF TRUST

That the Trustees shall keep or cause to be kept a proper set of

accounts in respect of their transaction which accounts may be at
the unfettered discretion of the Trustees be audited annually by an
Auditor to be appointed by Trustees. Any bookkeepers, secretaries
or in terms hereof may, in the sole discretion of the Trustees, be
varied from time to time and shall at all times have access to all
figures and records and to the property. An annual balance sheet
and statement of revenue and expenditure shall be prepared,
certified as correct by the Trustees and the Auditors, if one is
appointed.

15.1.1. Any monies of the Trust Fund not otherwise invested shall be
deposited by the Trustees in such accounts as they may deem fit and
it is specifically recorded that such funds may be placed with bodies
which are not Registered Commercial Bank or Building Societies. The
Trustees shall be at liberty to deposit such funds in such place of
places and such entities as they deem fit their entire and unfettered
discretion.

15.1.2. The trustees shall meet with frequency, as they shall decide in
their sole absolute unfettered discretion.

15.1.3. The quorum at a meeting of Trustees shall be three (3) unless

there are more than (3) three Trustees in which event the quorum
shall be a majority of the Trustees in office at the date of any
particular meeting.

16. TAXES
16.1. The purpose and objects of the Trust shall not be for
commercial gain or for the making of profit, but for
general, economic and social development purposes and,
as such the Trust fund shall not normally be liable for
income tax and other similar imports and duties.

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 16.2 If however, despite the foregoing, any taxes or other levies
shall be raised on the income of the Trust fund or on the
disposition of the assets of the Trust fund, or for any
other reason whatsoever, such taxes or other levies shall
be paid out of the Trust fund.

/casus …………

17. CASUS OMISSUS

That in the event of any casus omissus in this Deed, or in the event
of any doubt arising as to the interpretation of its terms, the
Trustees are authorized to decide or act as they think proper

18. AMENDMENT OF TRUST DEED

The Founders shall have no power to revoke or amend any of the

provisions of this Deed of Trust, but any of the provisions of the
Deed may be revoked or amended, and any new provisions may be
introduced, by a Resolution of the Trustees supported by a
majority of the Trustees then in office, if such Trustees are of the
opinion that such revocation, amendment or addition will benefit
the Trust, or is necessary to enable them to achieve any object
consistent with the purposes of the Trust as set out above.

19. DISPUTE RESOLUTION MECHANISM

All disputes arising between the Trust and any beneficiary shall
be resolved in the High Court of Zimbabwe.

20. TERMINATION OF TRUST

THAT the Trust shall continue to exist on an indefinite basis and it

shall only be terminated by a unanimous decision of the Trustees.
In the event that the Trust is terminated by the Trustees at any
time then the capital together with all accrued income standing to
the credit side of the Trust Fund at the date of such determination
shall be distributed by the Trustees to the beneficiaries in such a
manner as the Trustees in their entire and absolute discretion
shall deem appropriate. Upon such termination of the Trust for any

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 reason whatsoever, the Trustees shall notify all the Beneficiaries
and any interested parties including the donors if any.

THUS, DONE and EXECUTED by the said FOUNDERS AND TRUSTEES at

GWERU on the day, month and year first aforewritten in the presence of the
subscribing witnesses and of me, the said Notary Public. AND THE SAID
TRUSTEES, CORNILIA SELIPWE, LUCKSON SHERENI MUGARA,

/albert ……….

ALBERT CHADOKA, FLORENCE MUDZURANDENDE, ARTHUR FIDELIS

CHIKEREMA DECLARE AND CATHERINE MPANDAGUTA that they do
hereby accept their appointments as Trustees in the premises with all the
relevant rights, duties and obligations conferred upon them in terms hereof,
hereby, moreover, so far as might be relevant, necessary or desirable,
expressly accepting the several benefits conferred upon them by the
Founder as Trustees upon the terms and conditions set out in this Deed.

As Witnesses

1………………………

2……………………... _________________________
CORNILIA SELIPWE
(Founder/Chairperson/Trustee)
As Witnesses

1………………………

2……………………... ____________________________
LUCKSON SHERENI MUGARA
(Trustee)
As Witnesses

1………………………

2……………………... ____________________________
ALBERT CHADOKA
(Trustee)
As Witnesses:

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 1……………………..

2……………………. _____________________________
FLORENCE MUDZURANDENDE
(Trustee)

/Arthur ………

As Witnesses:

1………………………

2……………………… ______________________________
ARTHUR FIDELIS CHIKEREMA

(Trustee)
As Witnesses

1…………………………

2………………………… ________________________________
LUCKSON SHERENI MUGARA
(Trustee)

As Witnesses

1…………………………

2………………………… ________________________________
CATHERINE MPANDAGUTA
(Trustee)

BEFORE ME: -

_____________________________
NOTARY PUBLIC

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