TOBACCO RISK FUND

DEED OF TRUST

All Rights Reserved

This DEED OF DECLARATION OF TRUST executed in Johannesburg

on this 27th day of June 2017 by the Board of Directors of Tobacco Companies.

hereinafter called as AUTHORS OF THE TRUST which expression shall wherever the
context so permits mean and include its successors in-office of the ONE PART and;

WHEREAS the AUTHORS OF THE TRUST decided to create and establish a

Tobacco Risk Fund (hereinafter referred to as the Fund) that would help the sufferers of
tobacco with payment of medical expenses.

WHEREAS the said objects in view, the AUTHORS OF TRUST have decided
that in each and every tobacco sold the aforesaid Fund shall acquire R1 for the aforesaid
medical expenses of the Fund on behalf of sufferers of tobacco.

WHEREAS it is necessary and desirable to declare and constitute the said Trust and
to record the objects and constitution of the said Trust.

NOW THIS DEED OF DECLARATION OF TRUST WITNESSED AS FOLLOWS;

1. TRUSTEES mean and include the Board of Trustees as described in these presents, and
these Trustees, as appointed, nominated or selected by the remaining members of the Board
of Trust whenever any vacancy arises.
2. CREATION OF THE TRUST:

In pursuance of the intention, the AUTHORS OF TRUST have decided to cash into the
Trust Fund by payment of the aforesaid R1 tobacco into the Fund on the 20th of each and
every month.

3. REGISTERED OFFICE OF THE TRUST:

The registered office of the Trust is situated at present at corner _______________________

4. TRUSTEES:

The AUTHORS OF THE TRUST have as appointed the following persons to hold the
office of the Trust as Trustees:

4.1
4.2
4.3
4.4
4.5

5.1. MOTTO OF THE TRUST:

The Motto of the Trust is We care for you.

5.2. OBJECTS OF THE TRUST:

The objects of the Trust are.

5.2.1 Payment of medical expenses for tobacco patients in order to ensure longevity and
good health for tobacco addicts.

5.3. BENEFIT OF THE TRUST:

The Benefits of the Trust are open to all the people who are ill due to tobacco smoking.
6. THE PROPERTIES OF THE TRUST

The properties of the Trust shall be.-

(a) the aforesaid tobacco levy funds paid by the Tobacco Companies to the Fund;

(b) any properties movable or immovable, that may be acquired by the Fund either by
purchase or otherwise;

(c) all additions and acceptations to the Trust Fund;

(d) all voluntary donations both towards corpus or otherwise gifts, legacies or grants in cash
or in kind accepted by the trustees;

(e) all grants and contributions made to the Trust form any source of funding; and

(f) all sums and assets which by and means become the property of the Trust.

7. QUALIFICATION OF THE TRUSTEES:

 The qualification for the trustees shall be:

a. There shall be a need for qualifications for the trustees in diverse fields like law,
accounting, actuary, medicine, insurance, business, auditing etc.

8. CESSATION OF TRUSTEESHIP:

A Trustee mentioned below shall cease to be the trustee of the Trust if:-

(a) he resigns;

(b) He is removed by the majority of the members of the Board of Trustees in

consultation with the Board of Directors of the Tobacco Company.

9. APPOINTMENT OF TRUSTEES:

Any vacancy in the Board of Trustees shall be filled up by the remaining members of the
Board of Trustees selecting a suitable person in consultation with the Board of Directors of
the Tobacco Company.

10. ADMINISTRATION OF THE TRUST;

 The administration of the TRUST shall vest in the personnel appointed by the Board of
Trustees.

11. POWER OF THE TRUSTEES;

The Board of Trustees shall have the control and management of the Trust and exercise
the following powers:

a. To determine from time to time to commence and to take up the object and purposes
for which the funds of the trust shall be used and allot and allocate to each of the
objects such portion of the funds as they deem fit;
b. To purchase and acquire any immovable property of any kind for this object of the
Trust or as a source of income for the Trust;
c. To sell, mortgage, or dispose of any immovable property/properties belonging to the
Trust;
d. To incur all expenditure necessary as in their own opinion useful for carrying out the
objects and administration of the trust;
e. To sell, lease, mortgage or dispose of any property, immovable property/properties
belonging to the Trust
f. To open one or more bank accounts of the trust with any bank or banks as the
Trustees may deem fit and deposit monies of the Trust in the Bank accounts.
g. To borrow for and on behalf of the Trust with or without security from banks;
h. To employ staff of all kinds necessary and useful for carrying out the objects of the
trust.
i. To incur such other items of expenditure as is necessary and incidental for
carrying out the objects of the Trust;
j. To institute, conduct, defend, compound, withdraw, compromise, adjust, refer to
arbitration or to do such things as are incidental and necessary, concerning the affairs
of the Trust and to sign and verify vakalats, pleadings, affidavits and other powers,
k. To delegate all or any of the powers vested in the Trustees to anybody to frame rules,
bylaws and other codes for the conduct of the affairs of the Trust and its transactions
and establishing any Committee;
l. To accept contributions in cash or in kind either by way of addition to the trust funds
generally or for any one or more of the specified objects of the Trust.
m. To establish as many ad hoc committees for any purpose.
12. Meetings of the Trustees:

a. The Managing Trustee shall preside over all the meetings of the trustees and in his
absence the Joint Managing Trustee shall preside such meeting and in the absence of
both, the trustees attended such meeting may elect any one of them to preside over
the meeting;
b. The meetings of the Trustees may be convened by the Managing Trustee or under his
direction by any other Trustees
c. The quorum of the meeting of the Trustees shall be four personally present.
d. In the event of equality of votes, the person presiding such meeting shall exercise
casting vote (additional vote).

13. RESOLUTIONS:

a. The Trustees may exercise all the powers vested in them in clause 9 under these
presents by resolution passed at a simple majority of the trustees attended such
meetings of the Board of Trustees.
b. Any resolution in writing signed by all Trustees holding office for the time being shall
be valid and binding.

14. SUITS:

The Managing Trustee of the Trust is authorized to sue or to be sued on behalf of the Trust.

15. Execution of Documents:

All Deeds, Documents etc. shall be executed by the Managing Trustee, Joint Managing
Trustee and Deputy Managing Trustee jointly representing the Trust.

16. ACCOUNTS AND AUDIT:

a. The Trustees shall maintain true and correct accounts of all Trust monies and of all
the income and investments and all the outgoing expenses.
 b. The year of account shall be the financial year commencing from 1st April and ending
31st March.
c. The Trustees shall each year issue a report setting out the accounts showing the
income and expenditure of the Trust for the preceding year not later than six months
from the end of the preceding year of accounts.
d. The accounts of the Trust shall be audited every year by a Chartered Accountant who
may be appointed for the purpose by the Board of Trustees and the audited statement
of accounts together with Auditors report shall be laid before the Board of Trustees
for approval.

17. BANK ACCOUNT:

The Managing Trustee along with the Deputy Managing Trustee as well as any
available trustee shall operate bank account(s) jointly.

18. POWER TO ALTER RULES AND REGULATIONS:

The Board of Trustees shall have full power and authority to make, alter and rescind
rules and regulations for the management and administration of the Trust. Any
amendment to the Trust Deed will be carried out only with the approval of any
regulatory body in line with legislation.

19. APPLICATION OF INCOME AND TRUST FUND:

The Board of Trustees shall be empowered to invest the funds of the Trust in movable
or immovable properties, in such manner as they deem fit for the purpose of the objects
of the trust provided that such investments shall be in accordance with the applicable
legislation.

20. REMUNERTION TO THE TRUSTEES:

 The salary of the Trustees and personnel shall be determined by the Board of Directors of
the Tobacco Company in line with market related considerations.

21. INDEMNITY:

Every Trustee and personnel shall be indemnified out of the fund in respect of any loss
arising from or contingent upon any investment made out of the monies of the Trust unless
such loss shall have been occasioned by own negligence and also every Trustee and
personnel shall be indemnified out of the Trust against all proceedings, suits, claims, costs,
damages and expenses occasioned by any claim in connection with the matters or affairs
relating to the Trust created by these presents or in the exercise of powers or discretion vested
in them by virtue of these presents.

22. IRREVOCABILITY:

The Trust is irrevocable.

23. ACTIVITIES OF THE TRUST:

The activities of the Trust shall not be limited to the Republic of South Africa only.

24. DISSOLUTION:

On dissolution of the Trust, the net assets of the Trust shall be realised and transferred
to hospitals to treat the sufferers of the tobacco until the funds are exhausted.

25. PROCEEDING OF THE TRUST:

 Any defect in the constitution of the Trust shall not invalidate its proceedings.

26. RESIDUARY:

For matters not provided for in these presents, the provisions of all applicable South
African legislation and rules made there under will apply accordingly.

27. LICENCE FEES:

The Fund shall pay 20% of gross proceeds to Mr. Zenani France Sibanyoni on or
before the 25th of each and every month. He (Mr. Zenani France Sibanyoni) is the
owner of all the global rights associated with the Tobacco Risk Fund. Mr. Sibanyoni
shall also embark upon his own community upliftment projects.

28. NAME OF THE TRUST:

The name of the Trust shall be the Tobacco Risk Fund.

IN WITNESS WHEREOF THE AUTHOIR OF THE TRUST HAS SET HIS HAND
AND SIGNATURE ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN IN
THE PRESENCE OF

WITNESSES: - AUTHOR OF THE TRUST

___________________________ __________________________
 GIST OF THE PROPOSED TOBACCO RISK FUND

It is paramount and vital that all Tobacco companies in all the countries in the World to introduce
this piece of corporate intervention in order to save lives and limbs of the general populace.

In accordance with research there are shocking statistics about illnesses and deaths caused by
tobacco-related usages.

It would be ideal if the corporate citizens all over the World embrace this corporate modality in
order to avoid compulsory legislation from government.

SMOKING

Smoking and Respiratory Disease. Smoking can cause lung disease by damaging your airways and
the small air sacs (alveoli) found in your lungs. Lung diseases caused by smoking include COPD,
which includes emphysema and chronic bronchitis. Cigarette smoking causes most cases of lung
cancer.

Cigarette smoking harms nearly every organ of the body, causes many diseases, and reduces
the health of smokers in general.1,2

Quitting smoking lowers your risk for smoking-related diseases and can add years to your
life.1,2

Smoking and Death

Cigarette smoking is the leading preventable cause of death in the United States.1

Cigarette smoking causes more than 480,000 deaths each year in the United States.
This is nearly one in five deaths.1,2,3
Smoking causes more deaths each year than the following causes combined:4
o Human immunodeficiency virus (HIV)
o Illegal drug use
o Alcohol use
o Motor vehicle injuries
o Firearm-related incidents

More than 10 times as many U.S. citizens have died prematurely from cigarette
smoking than have died in all the wars fought by the United States.1
Smoking causes about 90% (or 9 out of 10) of all lung cancer deaths.1,2 More women
die from lung cancer each year than from breast cancer.5
Smoking causes about 80% (or 8 out of 10) of all deaths from chronic obstructive
pulmonary disease (COPD).1
Cigarette smoking increases risk for death from all causes in men and women.1
 The risk of dying from cigarette smoking has increased over the last 50 years in the
U.S.

Smoking and Increased Health Risks

Smokers are more likely than non-smokers to develop heart disease, stroke, and lung cancer.1

Estimates show smoking increases the risk:

1,6
o For coronary heart disease by 2 to 4 times
1
o For stroke by 2 to 4 times
1
o Of men developing lung cancer by 25 times
1
o Of women developing lung cancer by 25.7 times
Smoking causes diminished overall health, increased absenteeism from work, and
increased health care utilization and cost.1

Smoking and Cardiovascular Disease

Smokers are at greater risk for diseases that affect the heart and blood vessels (cardiovascular
disease).1,2

Smoking causes stroke and coronary heart disease, which are among the leading
causes of death in the United States.1,3
Even people who smoke fewer than five cigarettes a day can have early signs of
cardiovascular disease.1
Smoking damages blood vessels and can make them thicken and grow narrower. This
makes your heart beat faster and your blood pressure go up. Clots can also form.1,2
A stroke occurs when:
o A clot blocks the blood flow to part of your brain;
1,2
o A blood vessel in or around your brain bursts.
Blockages caused by smoking can also reduce blood flow to your legs and skin.1,2

Smoking and Respiratory Disease

Smoking can cause lung disease by damaging your airways and the small air sacs (alveoli)
found in your lungs.1,2

Lung diseases caused by smoking include COPD, which includes emphysema and
chronic bronchitis.1,2
Cigarette smoking causes most cases of lung cancer.1,2
If you have asthma, tobacco smoke can trigger an attack or make an attack worse.1,2
Smokers are 12 to 13 times more likely to die from COPD than nonsmokers.1
Risks From Smoking
Smoking Can Damage Every Part of the Body
Larger infographic

Smoking and Cancer

Smoking can cause cancer almost anywhere in your body:1,2 (See figure above)

Bladder
Blood (acute myeloid leukemia)
Cervix
Colon and rectum (colorectal)
Esophagus
Kidney and ureter
Larynx
Liver
Oropharynx (includes parts of the throat, tongue, soft palate, and the tonsils)
 Pancreas
Stomach
Trachea, bronchus, and lung

Smoking also increases the risk of dying from cancer and other diseases in cancer patients
and survivors.1

If nobody smoked, one of every three cancer deaths in the United States would not happen.1,2

Smoking and Other Health Risks

Smoking harms nearly every organ of the body and affects a persons overall health.1,2

Smoking can make it harder for a woman to become pregnant. It can also affect her
babys health before and after birth. Smoking increases risks for:1,2,5
o Preterm (early) delivery
o Stillbirth (death of the baby before birth)
o Low birth weight
o Sudden infant death syndrome (known as SIDS or crib death)
o Ectopic pregnancy
o Orofacial clefts in infants

Smoking can also affect mens sperm, which can reduce fertility and also increase
risks for birth defects and miscarriage.2
Smoking can affect bone health.1,5
o Women past childbearing years who smoke have weaker bones than women
who never smoked. They are also at greater risk for broken bones.
Smoking affects the health of your teeth and gums and can cause tooth loss.1
Smoking can increase your risk for cataracts (clouding of the eyes lens that makes it
hard for you to see). It can also cause age-related macular degeneration (AMD). AMD
is damage to a small spot near the center of the retina, the part of the eye needed for
central vision.1
Smoking is a cause of type 2 diabetes mellitus and can make it harder to control. The
risk of developing diabetes is 3040% higher for active smokers than nonsmokers.1,2
Smoking causes general adverse effects on the body, including inflammation and
decreased immune function.1
Smoking is a cause of rheumatoid arthritis.1

Quitting and Reduced Risks

Quitting smoking cuts cardiovascular risks. Just 1 year after quitting smoking, your
risk for a heart attack drops sharply.2
Within 2 to 5 years after quitting smoking, your risk for stroke may reduce to about
that of a nonsmokers.2
If you quit smoking, your risks for cancers of the mouth, throat, esophagus, and
bladder drop by half within 5 years.2
Ten years after you quit smoking, your risk for lung cancer drops by half.
 TARGETTED CLIENTS

All Tobacco Companies all over the World.

PROPOSED TARIFF

R1 per tobacco product purchased.

AUTHORS PRICING

20% of gross proceeds of tobacco tariff or levy.

AUTHORS CONTEMPLATED CORPORATE SOCIAL RESPONSIBILITY

Contribute 20% proceeds of the author through this commercial

venture to feed children who starve due to tobacco abuse by parents.

AUTHORS CONTACTS

Mr Zenani France Sibanyoni

E mail: zenanisibanyoni@gmail.com

Mobile +27 79 913 6245

All the tobacco companies that are keen and eager to help tobacco
patients who die annually are welcome to contact the author to
formalize commercial relations through licensing agreements.

"All Rights Reserved"