1. NAME AND OFFICE
a] The name of the Association shall be "The Officers' Association of
South Africa" [hereinafter referred to as "the Association"].
b] The office of the Association shall be located at the place or within the
province where the President of the Association is stationed unless the Executive Committee determines otherwise.
2. INTERPRETATION AND DEFINITIONS
a] This Constitution shall be interpreted and applied :-
i] in conformity with all law relevant to the interpretation of statutes in the
Republic of South Africa;
ii] unless the context otherwise indicates, in accordance with the meaning
ascribed to equivalent terminology used in any law pertaining to judicial officers.
b] In this Constitution, unless the context otherwise indicates -
i] "the Association" means the Judicial Officers' Association of South Africa, a
voluntary Association of Judicial Officers.
ii] "Judicial Officer" means any judicial officer appointed and holding office in
terms of any law in force in the Republic of South Africa, but excluding any
person occupying that office in an acting, assistant or temporary capacity.
iii] "member", unless the context otherwise indicates, includes a life member and
an honorary member; provided that only ordinary members shall have voting
iv] "remuneration" means salaries, wages, bonuses, allowances [including legal,
home owners' and motorcar financing allowance], payment for overtime,
including the determination of bases and rates thereof, paid or owing to judicial
officers in return for the execution of their assigned tasks.
v] "the Journal" means a publication of the Association.
3. LEGAL STATUS
a] The Association is and shall continue to be a legal entity that is distinct and
separate from its individual members and it shall have the power to acquire, to
hold and to alienate property of any description whatsoever. It shall have the
capacity to acquire rights and obligations and has perpetual succession.
b] All actions, suits or proceedings in law or any dispute, conciliation or arbitration
shall be brought by or against the Association in the name of the Association,
and the Executive Committee thereof may authorise any person or persons to act
on behalf of the Association and to sign all such documents and to take all such
steps as may be necessary to protect its interests in connection with any such
actions suits, proceedings, dispute, conciliation or arbitration.
c] The Association may institute any proceedings on behalf of any judicial officer
in respect of any work related matter.
4. POWERS AND OBJECTIVES
The powers and objectives of the Association shall be to :-
a] promote a human rights culture and apply and uphold the Bill of Rights, insofar
as its provisions apply, with regard to the appointment of office bearers and the
pursuit of any of the objectives of the Association.
b] promote reconciliation and unity amongst all judicial officers irrespective of
race, gender, sex, status, marital status, ethnic or social origin, colour, sexual
orientation, age, disability, religion, conscience, belief, culture, language and
c] redress past imbalances and to promote and facilitate the implementation of
affirmative action on merit:
d] study, discuss, promote, maintain and enhance any matter pertaining to the
administration of justice in general and in particular, the independence of the
judiciary and the administration of justice;
e] study, discuss and promote all matters pertaining to the duties and welfare of
judicial officers and recommend to and/or negotiate with the appropriate
authorities such action as may be considered necessary;
f] promote, without discrimination, favour or prejudice, any matter pertaining to
the rights, interests, appointment, promotion, transfer, discharge, retirement or
disciplinary steps against, or the welfare, working conditions and conditions of
service, including remuneration of judicial officers;
g] collect and publish information for the guidance of judicial officers and the
improvement of their skills, expertise and proficiency;
h] create and promote uniformity of practice amongst judicial officers;
i] consider the problems, complaints and suggestions of individual members and
to make representations and recommendations in this regard to any appropriate
authority or to any other legislative or executive organ of state at any level of
j] arrange conferences and meetings of members for the exchange of information
or views and discussion on all relevant matters affecting their rights, obligations
k] promote a wholesome, frank and amicable relationship between members
inter partes and with any appropriate authority or body;
l] comment on proposed legislation and to offer suggestions in regard to
desirable or necessary legislation and/or to proposed amendments to existing
m] establish and publish a Journal for the benefit of its members and/or
n] acquire, alienate, dispose of, maintain, improve or alter any movable or
immovable property of the Association;
o] borrow or raise money, and secure the payment thereof in such manner as the
Association deems fit;
p] invest any moneys or assets of the Association not immediately required for
any particular purpose in such manner and for such period as may be
determined from time to time;
q] open a banking account in the name of the Association and to draw, accept,
endorse, make and execute bills of exchange, promissory notes, cheques and
other negotiable instruments connected with the affairs of the Association;
r] institute, conduct, defend, compound, abandon or otherwise, any legal
proceedings by or against the Association or any judicial officer concerning the
affairs of the Association;
s] support and subscribe to any Institution, Society or Association whose aims or
functions may be for the benefit of the Association or its members whether past
or present, or allow affiliation of any body of persons representing a specific
interest group whose aim is to enhance the inter partes relationship referred to in
paragraph 4[k] above;
t] pay reasonable expenses in respect of or remuneration for services rendered
to it or on its behalf, whether by any member, or any other person, body or
institution whether rendered on a full-time, part-time, casual or other basis;
u] promote and maintain the dignity and status of the office of judicial officer;
v] undertake any act or measure that may be conducive to the attainment of the
objectives of the Association.
5. CLASSES OF MEMBERS AND QUALIFICATION FOR MEMBERSHIP
5.1 The Association shall have the following classes of members :-
a] Ordinary members;
b] Life members; and
c] Honorary members.
5.2 The persons eligible for the various classes of membership shall be as
a] all judicial officers may be admitted as ordinary members;
b] on the approval of a majority of the Provincial Committees, life membership
may be granted to any member of the Association who has retired as a judicial
officer, whether or not he/she is sitting on an ad hoc basis, or who is unable to
return to active duty because of disability, upon payment of a subscription to be
determined by the Executive Committee from time to time providing, however,
that such membership may be suspended or terminated by the Executive
Committee after consultation with the Provincial Committees;
c] any member of the Association who has retired as a judicial officer, whether or
not he/she is sitting on an ad hoc basis, or who is unable to return to active duty
because of disability shall be eligible for honorary membership, provided that all
Provincial Committees shall be informed of such application and the majority are
in favour of granting such membership and provided further, that such
membership may be suspended or terminated by the Executive Committee after
consultation with the Provincial Committees;
6. ADMISSION OF MEMBERS
a] Anyone who seeks admission as an ordinary member of the Association, shall
apply in writing in a form prescribed from time to time by the Executive
b] Ordinary membership shall be conferred upon any applicant on approval by
the relevant Provincial Committee; provided that in the event that an application
is rejected, such applicant may appeal to the Executive Committee.
c] Every application for membership of the Association shall be lodged with the
Secretary of the appropriate Provincial Committee, together with any subscription
which may be payable with the application.
a] No subscription shall be payable by an Honorary member;
b] The subscription for other members, and the terms of payment, shall be
determined from time to time by the Executive Committee.
8. CESSATION OF MEMBERSHIP
Any member shall cease to be a member of the Association if :-
i] his/her resignation is submitted in writing to the Secretary of the Association;
ii] his/her membership is terminated in terms of sub paragraph 9[c] below;
iii] his/her subscription is more than 3 months in arrear;
iv] he/she ceases to qualify in terms of paragraph 5.2[a] or [b] above.
9. DISCIPLINARY MEASURES
Upon proper enquiry the Executive Committee may :-
a] dismiss complaints against a member or members of the Association;
b] reprimand the member;
c] suspend or terminate membership of a member, provided that such action
shall be confirmed by a majority vote at the Annual General Conference.
10. OFFICE BEARERS
a] The office bearers of the Association shall be a President, a Vice-President, a
Secretary and a Treasurer. They shall be elected at each Annual General
Conference of the Association, and their terms of office shall take effect upon the
adjournment of such Annual General Conference and shall continue until the
election of their successors at the ensuing Annual General Conference.
b] i] The President shall preside at the Annual General Conference of the
Association and at all meetings of the Executive Committee. In the absence of
the President, the Vice-President shall do so. In the absence of both the
President and Vice-President, the members present at a properly constituted
Annual General Conference or the Executive Committee, as the case may be,
shall elect a temporary presiding officer who shall have all powers which the
President would have had, had the President been present and presiding. A
presidential report shall be presented at the Annual General Conference and
shall cover the activities of the Association during the President's tenure of office.
ii] The Secretary and the Treasurer shall also be the Secretary and Treasurer of
the Executive Committee.
c] The President shall not in the first instance cast his/her vote at the Annual
General Conference or at any meeting of the Executive Committee but, in the
event of an equality of votes, he/she shall be entitled but not obliged to exercise
a casting vote.
d] The President shall be an ex officio member of all Standing and Special
Committees, and as such, may vote at meetings of such Committees.
e] The Secretary and any persons appointed as Assistant Secretaries [neither of
whom shall necessarily be a member of the Association, or a full-time employee
of the Association] shall be the custodian of all records, archives and assets of
the Association, and shall preserve and keep record of all transactions. The
Secretary and/or the Assistant Secretary shall take minutes of meetings and
send copies thereof to the Provincial Secretaries if so instructed. Their duties
further comprise of all the secretarial duties pertaining to the Executive
Committee and any other Committees, and in particular include :-
i] the drafting and posting of all notices, correspondence and statements;
ii] the implementation of Committee orders and the presentation of all
correspondence and reports to the relevant Committee;
iii] arranging all conferences and meetings of members;
iv] drafting comments -
a] on proposed legislation;
b] on suggestions in regard to desirable or necessary legislation and amendment
to existing legislation;
v] acting as a link between the Executive Committee, any other Committees and
vi] promoting the aims and objectives of the Association.
f] The Treasurer shall collect subscriptions from the members of the Association
and shall be the custodian of the monies of the Association, none of which shall
be disbursed without the authority of the Annual General Conference or the
g] The Treasurer shall submit a financial report to the Annual General
Conference for adoption or rejection, as the case may be, by majority vote. In the
event of its adoption, everything done by the Treasurer during the Treasurer's
tenure of office since last elected shall be taken to have the full approval of the
Association. In the event of a rejection, the report shall be submitted to the
Executive Committee for such action as it may deem fit and proper.
h] The funds of the Association shall be kept by the Treasurer in a banking
institution. The choice of such banking institution or any branch shall be in the
discretion of the Executive Committee.
i] By a majority vote, a Secretary, Treasurer and any other person acting in an
honorary capacity, whose services to the Association are, in the opinion of the
Executive Committee, deserving of compensation, may be voted an honorarium
by that Committee.
j] The Secretary, Assistant Secretaries and Treasurer shall be stationed in the
Province where the office of the Association is situated.
k] In addition to the above office bearers, representatives of the Provinces
referred to in paragraph 11[b] shall be regarded as office bearers of the
11. PROVINCIAL COMMITTEES
a] A Provincial Committee shall be established for each of the following
i] EASTERN CAPE
ii] FREE STATE
vi] NORTHERN CAPE
viii] NORTH WEST
ix] WESTERN CAPE
b] Each Provincial Committee may nominate any member to represent members
in its Province on the Executive Committee, provided that:
i] each Provincial Committee may nominate not more than one such
representative in respect of every 150 members or part thereof, in its Province;
ii] such representative's term of office shall commence at the Annual General
Conference during any year in which such member is nominated and continues
until the next Annual General Conference following the date of nomination.
iii] if a vacancy occurs during the term of office of such a nominated member to
the Executive Committee the Provincial Committee shall have the power to coopt
any other member for the remaining period of office of such a member.
c] Every Provincial Committee shall consist of at least 5 [five] members who are
stationed in the Province concerned. Each Province shall elect a Chairperson,
Secretary and Treasurer at an Annual General Meeting of the members
concerned. Each Provincial Committee shall have powers to co-opt members as
in the case of the Executive Committee.
d] Every Provincial Committee shall call an Annual General Meeting before 30
June of each year and at such place as is decided upon by the Provincial
Committee. At such a meeting, the members of the Provincial Committee for the
following year shall be elected and the allocation of subscriptions to any Regional
Committee shall be determined, based proportionally, on the number of members
within the Region. The procedure for convening such meetings, the voting
procedure and election of a Chairperson shall, mutatis mutandis, be the same as
that applicable at an Annual General Conference of the Association. All
resolutions passed at an Annual General Meeting shall forthwith be submitted to
the Executive Committee for consideration.
e] When a vacancy on the Provincial Committee arises, such Committee shall
have the power to co-opt a member of the Association within that Province for
the unexpired period of such vacancy.
f] Provinces may be subdivided into Regions after approval thereof by the
Executive Committee. Recommendations for any sub-division shall be submitted
to the Executive Committee by the Provincial Committee concerned.
g] The Executive Committee, after consultation with the all the Provincial
Committees, determines the border of the respective Province and this can, if
deemed necessary, be amended in like manner.
h] Every Regional Committee shall consist of at least 2 [two] members, including
a Regional Chairperson and Secretary, who are stationed in the Region
concerned and have been elected at a meeting of the Regional Committee. The
Regional Committee shall have the power to co-opt members on the same basis
as in the case of the Provincial Committee.
i] The procedure to be followed by the Regional Committees for convening
meetings shall, mutatis mutandis, be the same procedure as that followed by a
Provincial Committee. All resolutions passed at a meeting of the Regional
Committee shall be submitted to the Provincial Committee concerned, in order
for the last-mentioned Committee to submit the resolution[s] to the Executive
Committee for consideration.
j] A Regional Committee is entitled to depute one member to attend the Annual
General Meeting of the Provincial Committee concerned. The costs for attending
such meeting by a member shall be borne by the Association.
k] Meetings by members in Regions and Provinces shall take place as often as is
determined by the Committees concerned, but not less than once per calender
l] Regional Committees may convene an Annual General Meeting at such time
and place as is decided upon by the Regional Committee, but not less than 30
days before the Annual General Meeting of the Province concerned.
m] By a majority vote, a Secretary, Treasurer and any other person acting in an
honorary capacity, whose services to the Association are, in the opinion of the
Provincial Committee, deserving of compensation, may be voted an honorarium
by that Committee.
12. THE EXECUTIVE COMMITTEE
a] The Executive Committee shall consist of the President, Vice President,
Secretary and Treasurer elected at the Annual General Conference as
contemplated in paragraph 16, together with the members nominated by the
Provincial Committees as provided for in paragraph 11[b].
b] A member shall not serve for more than two consecutive terms on the
Executive Committee in the capacity of President of the Association.
c] The management and control of the affairs of the Association shall vest in the
Executive Committee which shall have full power and authority to do any act,
matter or thing which could or might be done by the Association excepting such
matters as are specifically reserved to be dealt with at a Special General Meeting
or an Annual General Conference of the Association. In addition to the general
powers and authorities conferred upon the Executive Committee, and without in
any way limiting such powers and authorities, the Executive Committee shall
have the following additional special powers namely, to :
i] establish the Standing Committees of the Association, determine their duties
and delegate authority to them;
ii] organize the programme, agenda and entertainment for the Annual General
iii] determine whether or not a person is a member in good standing of the
iv] determine the subscriptions and any special assessment to be paid by
applicants for membership and by the members themselves;
v] use the subscriptions, assessments and any other funds of the Association,
including funds previously collected or designated for a special purpose, for any
of the needs, or for the purposes of, the Association;
vi] raise funds for the aims and purposes of the Association;
vii] grant scholarships, bursaries and loans to persons engaged in the
programme of legal training;
viii] take all steps necessary to protect and to promote the remuneration, benefits
and welfare of members;
ix] report to the members of the Association on the proceedings of the Executive
Meetings of the Association, in a manner to be determined by the Executive
x] discuss with and if deemed appropriate, to provide assistance, support and
legal representation, in the discretion of the Executive Committee, to those
members under complaint by the public or otherwise;
xi] acquire fixed property on behalf of the Association, and pass bonds over such
xii] take all such steps as may be necessary in the interests of the Association
and its members and to promote and attain the aims and objectives of the
xiii] fill vacancies on the Executive committee by the co-opting of a member for
the remaining period of such vacancy in the Executive Committee;
xiv] hold meetings of the Executive Committee at any time and place upon
written notice by the Secretary with seven clear days' notice, or by any 7 [seven]
members of the Executive Committee with fourteen clear days notice;
xv] co-opt any member of the Association, whether on an ad-hoc basis or
otherwise, where the Executive Committee deems it expedient for the attainment
of any of the objectives of the Association; provided that such member shall not
be an office-bearer of the Association and provided further that such member
shall not be entitled to any vote.
a] The financial year of the Association closes on the 31st of March each year.
b] The Executive Committee shall cause proper financial statements to be kept,
showing all the income and expenditure of the Association and all its assets and
c] The financial statements of the Association shall be audited by an accountant
who shall be appointed for that purpose by the Executive Committee.
d] Appropriate financial statements shall be prepared at the end of each financial
year of the Association.
e] Any member of the Association may obtain a copy of the financial statements
upon written request to the Secretary of the Executive Committee and upon
payment of such fee as the Executive Committee may determine from time to
f] The monthly subscription fees due by a member shall be determined by the
Executive Committee from time to time.
g] Subscriptions shall be allocated as follows :
i] Seventy per cent per month shall be paid into a fund known as the Executive
ii] Thirty per cent per month to the various Provincial Funds of each Provincial
Committee calculated proportionally, based on the number of members within the
h] The Executive Committee may, with the approval of the majority of the
members at the Annual General Conference of the Association, levy an
additional amount in respect of subscriptions or by way of special assessment on
i] The Executive Committee shall exercise full control over the Executive Fund
and the investments thereof. Funds may be utilised in respect of the affairs of the
Association only, save as provided for in sub-paragraph [j] hereunder. With the
approval of the Annual General Conference, funds may be used for any other
j] Each Provincial Committee shall exercise full control over its respective
Provincial Fund, subject to the condition that such fund shall be utilised in respect
of the affairs of the Association only : provided that, with the approval of the
Executive Committee, given after consultation with the other Provincial
Committees or pursuant to a decision of the Annual General Conference, funds
may be used for any other purpose.
k] Each Provincial Committee shall appoint a member to examine the books of
account at the end of each financial year and to furnish a report on the
l] The Executive Committee shall establish an Executive Reserve Fund in which
will be deposited for investment purposes at beneficial interest rates, such funds
as are in excess of the funds required for the Executive Fund and the Provincial
Funds. The Executive Committee and the Provincial Committees are required to
examine the funds under their control from time to time and to ensure that excess
funds are transferred to the Executive Reserve Fund.
m] The Executive Reserve Fund shall be held as an asset of the Association and
the capital thereof may be utilised only with the authority of the Annual General
Conference of the Association. In case of emergency, should this arise, such
funds may be utilised for a specific purpose with the approval of a two-third
majority of the Executive Committee. The interest on the Executive Reserve
Fund shall accrue to the Executive Fund.
n] Should a Provincial Fund require additional funds, the Provincial Committee
concerned may approach the Executive Committee for a subsidy. In such cases
the Executive Committee may, if the application is approved, subsidise the
applicant from the Executive Fund or it shall approach other Provincial
Committees with sufficient funds available, to render the assistance that is
o] Non-members of the Association who, with the authority of the Executive
Committee, subscribe to the Journal of the Association, shall pay such
subscription fees as are fixed from time to time by the Executive Committee.
p] All subsidies, donations and grants to the Association and all other moneys or
levies, shall accrue to the Executive Fund.
14. SIGNATURE ON DOCUMENTS
a] All cheques of the Association, shall be signed by any two of the Treasurer,
Secretary of the Association or any other Executive Committee member
appointed from time to time.
b] Any document to be signed on behalf of the Association, excluding ordinary
correspondence and cheques, in order to be valid, shall be signed by any two of
the President, the Vice-President, the Secretary or the Treasurer.
15. ELECTION OF OFFICE BEARERS OF THE ASSOCIATION
a] The President and Vice-President are elected on an annual basis in the
following manner :
i] At the Annual General Meeting of the Provinces which shall be held before the
Annual General Conference of the Association, one candidate shall be
nominated as President and one as Vice-President by a majority of votes.
ii] Such nominations as well as the number of votes obtained by each candidate
shall be lodged with the Secretary before the thirtieth calender day prior to the
Annual General Conference. The President and Vice-President shall be elected
by a majority of the votes that were cast at the Annual General Meeting of each
iii] After the election of the new President and Vice-President, the outgoing
President shall, at the Annual General Conference, call for nominations for
Secretary and Treasurer.
b] If there is more than one candidate for any office of the Association, a secret
ballot shall be cast by each member and the candidate receiving a majority of the
votes shall be elected. If, however, no candidate has a majority, the candidate
having the least votes, shall be eliminated from the balloting and voting shall
proceed in the same fashion until a candidate has a majority, such candidate
then being elected.
c] During nominations, a motion that nominations be closed for any office of the
Association shall be permissible.
d] In the event that voting for any office of the Association proceeds by ballot, as
provided for in this Constitution, three scrutineers shall be appointed by the
President, or by the Chairperson presiding, for the election of office bearers,
none of whom shall be a candidate for the office for which the balloting is called.
The scrutineers shall count and tabulate the ballots and certify their findings to
the President or the Chairperson under their respective signatures.
16. THE ANNUAL GENERAL CONFERENCE
a] The Annual General Conference of members of the Association shall be held
at a time and place to be determined by the Executive Committee. No more than
fifteen months shall elapse between Annual Conferences.
b] Notice of such Annual General Conference shall be given in writing.
c] Notice of the terms of any resolution to be proposed at an Annual General
Conference, other than concerning ordinary or general business, shall be lodged
with the Secretary at least 60 days before the date fixed for such meeting.
17. SPECIAL GENERAL MEETINGS
a] A Special General Meeting of the Association may be convened at the
discretion of the President at such time and at such place as may be specified by
him/her in a written notice of such meeting. The said notice shall be given to the
Chairperson of each Province and shall provide for the meeting to be held on a
date not earlier than the lapse of 30 [thirty] days calculated from the date of the
notice, but not later than 45 [forty five] days calculated from the date of the said
b] Upon written request lodged with the Secretary by at least 100 [one hundred]
of the members of the Association for the holding of a Special General Meeting,
the President shall, within 10 [ten] days of the receipt by the Secretary of the said
request, convene such a meeting at a place and upon a date specified by
him/her in the notice thereof. The Special General Meeting shall be held on a
date not earlier than the lapse of 30 [thirty] days calculated from the date of the
notice but not later than 45 [forty five] days from the said date.
c] At any Special General Meeting referred to in sub-paragraph [b] hereof, unless
the President in his/her discretion otherwise permits, the only business that shall
be discussed shall be that which has been specified in the written request lodged
by the members concerned.
d] The provisions of this paragraph shall, mutatis mutandis, apply to a Special
General Meeting that is called for in a Province, save that in the case of a written
request by members of the Province, it shall contain the signatures of at least
10% [ten per cent] of the members of that Province.
a] The Journal of the Association shall be issued at such intervals as determined
by the Executive Committee.
b] The Editor for the Journal shall be appointed by the Executive Committee of
the Association. The Editor need not be a member of the Association. Any
compensation paid or payable to the Editor of the Journal is to be decided by the
19.1 The Standing Committees of the Association shall be :
a] THE EDUCATION AND RESEARCH COMMITTEE
Its duties shall be inter alia :
i] to organise annual or semi-annual seminars for further education of judicial
ii] to organise any special seminars that may be required to deal with new
iii] to research and report to the Executive Committee and/or the members on
any legal or procedural matters that are referred to it by the Executive
iv] to consider any other matters that are ancillary or related to the above;
v] to make recommendations to the Executive Committee.
b] THE LABOUR RELATIONS COMMITTEE
Its duties shall be inter alia :
i] to negotiate or liaise, on behalf of the Association or any individual member,
with any person, association, body or institution, in connection with any matter
pertaining to the objectives of the Association;
ii] to research and prepare recommendations for the Executive Committee on
remuneration, pension and all other benefits;
iii] to consider matters related to judicial exchanges, rights, interests,
appointments, promotions, transfers, discharge, retirements, misconduct,
disciplinary steps, leave, sick leave, travel time, allowances, working conditions
or any other matter related thereto;
iv] to promote and facilitate employee participation in decision making in the
workplace and the effective resolution of disputes, primarily by way of
v] to facilitate orderly collective bargaining and in particular, the determination of
remuneration, terms and conditions of service, service benefits or any matter of
vi] to promote and facilitate freedom of association;
vii] to consider any other matters that are ancillary or related to the above.
viii] to make recommendations to the Executive Committee.
c] LEGAL MATTERS COMMITTEE
Its duties shall be inter alia:
i] to consider all matters relating to any court;
ii] to consider any other matters that are ancillary or related to the above;
iii] to make recommendations to the Executive Committee.
19.1.1 The President, acting on the advice of the Executive Committee may, as
soon as is convenient after taking office, appoint a Chairperson for each
Standing Committee. Each Chairperson shall appoint Committee members, the
number of which shall be left to his/her discretion. Such Chairperson shall inform
the President and the Secretary of the composition of the Committee within 30
[thirty] days of its appointment. The members of such a Standing Committee
need not be members of the Association and shall in such case not be entitled to
19.2 In addition to the Standing Committees, the President, acting on the advice
of the Executive Committee may appoint on the terms and conditions determined
by him/her, any member or private person as a member of any Special
Committee which in his/her opinion should be constituted for the purpose of
attaining any of the objectives of the Association. The President may designate
any such member as Chairperson.
19.3 A meeting of any Committee of the Association may be held at any time and
place on the written notice of its Chairperson with 7 [seven] clear days' notice,
but notice of any such meeting may be waived by any members of such
Committee before such meeting.
19.3.1 If the Chairperson of any such Committee is not present at any meeting of
any Committee, the members of the Committee shall elect a temporary
19.3.2 Members may nominate themselves as candidates for appointment to
Standing or Special Committees.
19.3.3 The Chairperson of each such Committee shall at the Annual General
Conference make a report on the activities of the Committee during the year in
question, provided that the President may nominate any member to present such
report on the relevant Chairperson's behalf at such Conference.
a] A quorum of the Association at the Annual General Conference shall be the
lesser of 100 or 10% of ordinary members.
b] A quorum of the Executive Committee shall be a majority of the members of
the Executive Committee.
c] A quorum of the Annual General Meeting of a Province whose provincial membership is above 60 shall be 20 members
from the Province.
d] A quorum of the Annual General Meeting of a Province whose provincial membership is below 60 shall be 10 members
from the Province.
e] A quorum of any other Committee shall be 2 members.
a] Any representative of a Province as contemplated in paragraph 11[b] hereof
shall be entitled to vote at any Annual General Conference or Special General
Meeting of the Association by way of proxy.
b] Such proxy shall be given by any member of a Province by instrument in
writing by which the representative of the Province contemplated in paragraph
21[a] hereof is appointed.
c] Any such member who has not revoked a proxy shall be precluded from voting
at the relevant meeting.
d] Whenever any such representative at any meeting as aforesaid indicates to
the Chairperson that he or she holds a proxy, it shall be deemed that a ballot has
22. VOTES OF NO CONFIDENCE
a] If the members at a duly convened and constituted Special General Meeting
pass a vote of no confidence in the Executive Committee, including the
President, the President shall resign and dissolve such Executive Committee and
forthwith call for nomination and election of office bearers of the Association at
b] If such members as aforesaid pass a vote of no confidence in the President,
but not in the other members of the Executive Committee, the President shall
c] If such members as aforesaid pass a vote of no confidence in the Executive
Committee, excluding the President, the President may -
i] resign; and
ii] shall in either case, dissolve such Executive Committee and forthwith call for
nomination and election of office bearers of the Association at such meeting.
d] Nominations shall take place in the manner provided, mutatis mutandis, in
paragraphs 11[b] and 15 hereof.
e] The President and Vice-President shall be elected by a majority of votes,
subject to the provisions of paragraphs 15[b], [c] and [d], 17[d] and 21; Provided
that the provisions of paragraphs 15[b], [c] and [d], 17[d]and 21 shall, mutatis
mutandis, also apply where a motion of no confidence is introduced in respect of
a Provincial Committee.
23. AGENDAS AND PROCEDURE
a] Any notice convening any meeting other than a Provincial Committee or a
Regional Committee meeting shall be accompanied by a copy of the agenda
defining the nature and order of proceedings.
b] No resolution shall be taken in respect of any subject or matter not appearing
on the agenda or which is not relevant thereto, unless all the members present at
the meeting aforesaid, agree to any such other proposed motion being put to the
c] All motions moved for adoption at the meetings aforesaid shall, prior to and for
purposes of acceptance and submission for discussion, be submitted in writing at
24. AMENDMENT OR REPEAL OF THE CONSTITUTION
This Constitution may only be amended or repealed if such amendment or repeal :
a]. Has been discussed and approved by the majority of those present at a general meeting of a province proposing such a constitutional amendment or repeal,
b]. The said province has through its secretary given at least 30 days’ notice, before its scheduled date of provincial meeting, to the other 8 provinces,
c]. The proposed amendment or repeal is adopted with a two-thirds majority at the subsequent Annual General Meeting
a] The Association may be dissolved if :
i] the dissolution is discussed at a General Meeting of all the Provinces;
ii] two-thirds of the members at each such Provincial General Meeting, approve
of the dissolution;
iii] not less than 90 [ninety] days' notice to all members, of a General Conference
convened by the Executive Committee for considering the dissolution of the
Association, is given;
iv] two-thirds of the representatives of the Provinces present at the General
Conference so convened by the Executive Committee, indicate that their
Provinces have approved of the dissolution at their General Meetings.
b] Members not present at the General Conference may vote by proxy or in the
manner decided upon by the Executive Committee and explained in the notice
convening the General Conference.
c] Representatives of the Provinces and the Executive Committee present at the
General Conference dissolving the Association shall decide by a simple majority
of votes how the assets of the Association shall be dealt with.
d] If for any other reason the Association is wound up, liquidated or in any other
manner dissolved and there remains after the satisfaction of its liabilities any
assets whatsoever, the same shall be transferred to such other society or
association with objects similar to those of the Association, as the members shall
in General Conference decide.
Unless otherwise determined by the Executive Committee or as provided
expressly or by necessary implication in this Constitution, the Executive
Committee shall be the only official mouthpiece of the Association on any matter
relating to policy.