|
Constitution of
SAPSAC
Article
1: Definitions
In this constitution the following words shall have the following
meanings except where the context otherwise requires:
CARSA - means the publication Child Abuse Research in South-Africa,
to be issued by the Society as referred to in articles 2.3 (g) and
6.2
Child abuse/abused children - means children abused and neglected
and includes their families, adults abused as children and offending
individuals.
Conference - the annual conference of the Society, referred
to in article 5
Field of child abuse - means the professional field of involvement
and includes the prevention, identification, intervention, treatment
and research of the problem of child abuse
Interim National Council - means the Committee formed to draft
the constitution and to prepare for the first conference and general
meeting
Member - means an individual or an honorary member of the Society
National Council - means the National Council of the Society
referred to in article 6.
Article 2: Name and Objects
2.1 The name of the Society shall be The South African Professional
Society on the Abuse of Children and shall be referred to also as
SAPSAC.
2.2 The Society is a non-political, non-discriminatory, non-profit
and non-government organisation.
2.3 The objects of the Society are:
- to promote high standards and principles to be applied by the
professionals working in the field of child abuse;
- to promote accurate, effective and appropriate identification,
intervention, and treatment of abused children;
- to promote research, an examination of comparative literature
and the exchange of information among professionals involved in
the field of child abuse;
- to encourage and promote multi disciplinary professional education
on topics of relevance in the field of child abuse;
- to promote co-operation and co-ordination among the different
professions involved in the field of child abuse and with relevant
organisations both nationally and internationally, in furtherance
of the foregoing objectives;
- to serve as a representational forum within which the needs
and concerns of professionals of the various disciplines addressing
the problem of child abuse can be articulated at a national level;
- to issue the publication CARSA in furtherance of the foregoing
objectives;
- to promote effectiveness and well being of professionals working
with abused children.
Article 3: Membership
3.1 Any person who is or has been involved in the field of child abuse
may apply for membership.
3.2 Membership is limited to persons licensed, certified, registered
or holding a graduate or other qualification in a professional discipline
and who are by virtue of their profession involved in or interested
in advancing the services rendered in the field of child abuse.
3.3 Membership may be granted by the National Council upon application
and payment of the prescribed fees.
3.4 Membership shall terminate upon a determination of the National
Council made not less than five (5) days prior to the effective date
of determination following a hearing before the National Council,
notice of which shall be given by registered mail to the member at
the last address shown for such member on the Society's books, together
with a statement of the reasons for the proposed termination not less
than fifteen (15) days prior to the date of the said hearing, that
such member's activities do not conform to the standards of conduct
appropriate for Society members, including, but not limited to, the
professional and ethical standards of, and all laws and regulations
relating to, such member's respective profession or field.
3.5 A written statement may be submitted by or on behalf of a member
to be considered at the hearing referred to in article 3.4 supra,
in lieu of oral testimony.
3.6 Membership shall be suspended where a member is more than three
months in arrears in the payment of dues and may be reinstated on
payment of the arrears.
3.7 Honorary Membership may be granted in deserving cases to an individual
member or to any deserving individual, upon nomination by the National
Council, to be confirmed by the General Meeting.
Article 4: Fees and Dues
The membership fee, dues and frequency shall be determined by the
National Council, subject to confirmation by the General Meeting.
Article 5: Meetings and Conference
5.1 A conference shall be held annually at such time and place as
shall be determined by the National Council, to discuss topics within
the objects of the Society.
5.2 Every member shall have the right to attend a Conference. The
National Council may also invite experts or representatives of relevant
organisations to attend and speak as observers at a conference.
5.3 There shall be an annual General Meeting of the Society, to be
held at the same time as the Conference at a time selected by the
National Council.
5.4 The General Meeting shall generally control the Society and shall
in accordance with this constitution, elect, appoint or dismiss the
members of the National Council and honorary members, receive the
financial statements adopted by the National Council, confirm or determine
annual membership dues, confirm or amend this constitution and take
its decisions by majority vote, each member having one vote.
5.5 Notices of meetings of members shall be delivered or mailed not
less than twenty (20) or more than ninety (90) days before the date
of the meeting. The notice shall specify the place, date and time
and those matters that the National Council intends to present for
action by the members. The notice of any meeting of which the members
of the National Council are to be elected shall include the names
of all those who have been nominated at the time the notice is given.
5.6 The Secretary shall keep appropriate minutes of such meetings
Article 6: National Council
6.1 The Society shall have a National Council which will meet at least
twice per annum, which will act as the executive body of SAPSAC and
in which all the power shall be seated concerning decision making,
future planning and direction of SAPSAC, in order to achieve the objectives
of the Society. It will, in particular, have the power and authority
to raise funds, to invite and receive contributions, to buy, hire
or exchange any property and to make investments.
6.2 The National Council shall be composed of the President, the Vice
President, the Secretary General who may act both as the Secretary
and the Treasurer, the Editor in chief of CARSA and seven (7) members,
each representing a specific profession. The professions represented
by the seven (7) members will be law, medicine, psychology, social
work, education, criminology and police.
6.3 The members of the National Council shall be appointed by the
General Meeting on the nomination of the National Council, shall serve
for three years and shall be eligible for re-appointment. Nominations
may also be made by at least 100 members and submitted to the Secretary
at least three months prior to the General Meeting, failing which
the nomination by the National Council shall be final.
6.4 At least two thirds of the members of the National Council shall
always continue to act as such and the election of new members to
the National Council will therefore only be in substitution of one
third of the members and for the first two years after expiration
of the three year term of office these will be decided on by lot,
taken at a meeting of the National Council.
6.5 Special meetings of the National Council for any purpose or purposes
may be called at any time by petition of a majority of the National
Council.
6.6 Written or verbal notice of the time and place of meetings of
the National Council shall be given to each member at least forty
eight (48) hours prior to any meeting. The transactions of the National
Council, however called and noticed, or wherever held, shall be as
valid as though at a meeting duly held after regular call and notice,
if either before or after this meeting all of the members of the National
Council sign consent to holding such meeting or an approval of the
minutes thereof. All such consents or approvals shall be filed with
the Society records or made a part of the minutes of the meeting.
6.7 A simple majority of the members of the National Council shall
be necessary to constitute a quorum for the transaction of business.
Every act or decision done or made by a majority of the total members
of the National Council at a meeting duly held at which a quorum is
present shall be regarded as the act of the National Council.
6.8 The Secretary shall keep appropriate minutes of such meetings.
6.9 Members of the National Council may participate in duly noticed
meetings through the use of conference telephone or similar communication
equipment, so long as all members participating in such meeting can
hear one another. Any action required or permitted to be taken by
the Council may be taken without meeting if all the members of the
Council individually and collectively consent in writing to such action.
Such written consents shall be filed with the minutes of the National
Council.
6.10 Any action taken or function performed prior to the first General
Meeting by the Interim National Council shall be deemed to have been
taken by the National Council and confirmed by the General Meeting.
6.11 In the absence, disability or refusal to act of any member of
the National Council, or upon the resignation of any such member,
or upon a vacancy occurring in the membership of the National Council
for whatsoever reason, an appropriate professional member of the Society
may be co-opted by the National Council for such period as may be
determined by the National Council.
Article 7: Officers
7.1 The officers of the society shall be a President, a Vice President,
and a Secretary General who may act as both Treasurer and Secretary.
They constitute the Management Committee of the Society and may take
on the power and authority that it believes it needs to achieve the
objectives of the organisation.
7.2 The President shall be the chief executive officer of the Society
and shall have supervision, direction and control of the business
and fees of the Society. The President shall preside at all meetings
of the National Council. The President shall have the general powers
and duties and of management usually vested in the office of the president
of a corporation.
7.3 In the absence or disability or refusal to act of the President,
the Vice President shall perform all the duties of the President,
and when so acting he/she shall have all the powers of and be subject
to all the restrictions upon the President. The Vice President shall
have such duties as the President shall from time to time designate
and shall be responsible for membership development, program development,
monitoring the committees of the National Council and chairing the
conference committee.
7.4 The Treasurer shall keep and maintain or cause to be kept and
maintained adequate and correct accounts of the properties and business
transactions of the Society, including accounts of all assets, liabilities,
receipts, disbursements, gains and losses. The books of account shall
at all time be open to inspection by any member of the National Council.
The Treasurer shall ensure that membership fees and other financial
contributions are paid into the SAPSAC bank account shall disburse
the funds of the society as ordered by the National Council and shall
render to the President upon request, an account of all transactions
as Treasurer and of the financial condition of the Society. The Treasurer
shall perform such other and further duties as may be required by
law or as may be prescribed or required from time to time by the National
Council.
7.5 The Secretary shall keep or cause to be kept at the principal
office of the society, or such other place as the National Council
may order, a book of minutes of all meetings of the National Council
and members. The Secretary shall also keep or cause to be kept the
Society membership records containing the names and addresses of each
member. The Secretary shall give any required notices of meetings
of the National Council and notice of the annual meeting of the members
as provided in this constitution. Upon receipt of a petition, the
Secretary shall give notice of any special meeting of the members
as provided. The secretary shall perform such other and further duties
as may be required by law or as may be prescribed or required from
time to time by the National Council.
7.6 Officers may be removed with or without cause at any meeting of
the National Council by the affirmative vote of a majority of all
the members.
7.7 The Society's financial transactions shall be conducted by means
of a banking account. Except as otherwise provided by the National
Council, no funds shall be disbursed by the Society unless the cheque,
draft or other evidence of such disbursement shall be executed on
behalf of the Society by either the President or Vice President and
the person holding the position of Treasurer or Secretary.
Article 8: General
8.1. The Society exists separate from its members and irrespective
of changes in membership or office bearers and is able to own property
and other possessions. As a body corporate it is able to sue and be
sued in its own right.
8.2 Except as provided otherwise in this constitution the National
Council may authorise any officer(s) or agent(s) to enter into any
contract or execute any instrument in the name of, or on behalf of
the Society, and such authority may be general or confined to specific
instances. Unless so authorised by the National Council no member,
officer, agent or employee shall have the power to bind the Society
to any contract or engagement or to pledge its credit or to render
it liable for any purpose or to any amount and no member or office
bearer shall be liable for any act done in good faith or for any liability
of the Society solely by virtue of such status.
8.3 The National Council may appoint an appropriate professional member
or members of the Society in any region, city of town to assist with
the establishment of a multi disciplinary committee as envisaged in
article 9.1. On each of these forums, law, police, social work, psychology,
education, criminology and medicine will be represented. Their prime
aim will be to involve all professionals working in the area of child
maltreatment in this specific region, city or town.
8.4 Members or office bearers have no rights to the property or other
assets of the association, and income and property are not distributable
to members or office bearers except as reasonable compensation for
services rendered.
8.5 Assets acquired should be directly related to attaining the objectives
of the Association and should be controlled according to accepted
administrative and financial procedures.
8.6 The Society may be closed down by special resolution of two-thirds
of its members present at a meeting convened for this purpose. At
the dissolution of the Society, all assets of the Society, if any,
will be donated to an organisation or body that serves to promote
any of the objectives of the Society, to be decided upon by the National
Council
Article 9: Committees
9.1 In furtherance of the objects of SAPSAC and subject to the prior
approval of the National Council, members of SAPSAC may form multi
disciplinary committees, representative of the seven (7) professions
referred to in article 6.2, at provincial, regional and district level
in order to promote co-operation and co-ordination among the different
professions involved in the field of child abuse, and to perform such
acts as may be directed from time to time by the National Council.
Each committee shall elect at least a chairperson, a secretary and
a convenor as officers of such committee and copies of the minutes
of meetings held by such committee shall be forwarded to the Secretary
of SAPSAC within two weeks after each such meeting.
9.2 A conference committee shall be appointed annually by the National
Council to prepare for the annual conference and to do all things
necessary in connection therewith, subject to the approval of the
National Council and under the chairmanship of the Vice President.
9.3 There shall be an interim national council to draft this constitution
and to prepare for the first conference and general meeting and to
perform all functions necessary for the creation of the Society.
Article 10: Amendment of Constitution
The power to adopt, amend, revise or otherwise change the constitution
is vested in the National Council of the Society at a duly noticed
meeting of the members of the National Council to be confirmed by
two thirds of the votes at the General Meeting.
Article 11: Fiscal year
The fiscal year shall be from 1 March to the end of February following
year.
Constitution 2003 fin
|
|
