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Acceptance of the Constitution is a prerequisite for SAAM membership.
- THE ASSOCIATION
The name of the Association shall be The South African Association of Mediators (in Divorce and Other Family Matters) (hereinafter called “The Association”)
- LEGAL STATUS
The Association shall be a body corporate with perpetual succession and limited liability and shall be capable in law of suing and of being sued in its own name, of acquiring, holding and alienating movable and immovable property, and of performing all such acts as are necessary or incidental to the carrying out of its objectives and the performance of its functions and duties in terms of its Constitution.
- DEFINITIONS
In this Constitution the following words and expressions shall have the following meanings, namely:
- “Association” shall mean the Association of Mediators in South Africa (in Divorce and Other Family Matters) as herein constituted.
- “Executive Committee” shall mean the Executive Committee elected in terms of Clause 8.2 hereof.
- “Members” shall, where no specific category of member is mentioned, mean all the members of the Association and shall include Ordinary, Practitioner, Honorary, Affiliate, student and sponsor members.
- “Secretary”: shall mean any person elected or appointed to perform the duties of Secretary.
- OBJECTIVES AND POWERS
4.1 The objects of the Association shall be:
4.1.1 To promote and facilitate the adoption and use of the procedure of mediation as a means of resolving disputes and to refer persons or families to mediation if required.
4.1.2 To provide education and training for those practicing or wishing to practice as mediators and promote the study and practice relating to mediation.
4.1.3 To determine standards of admission to the various classes of membership of the Association and to provide means for evaluating the qualification of candidates for admission to the appropriate classes of membership.
4.1.4 To promote and facilitate the use of family mediation services where required.
4.1.5 To provide a forum for the exchange of views and information on matters pertaining to mediation and related matters.
4.1.6 To print, publish and circulate among members of the Association and other interested persons, papers, books, periodicals, circulars and other literature dealing with mediation and related matters where requested to do so.
4.1.7 To refer or nominate persons as mediators for the settlement of disputes.
4.1.8 To ensure high standards of professional competence and conduct on the part of its members.
4.1.9 To liaise and present the collective views of its members to related bodies, public authorities and to other interested organizations and persons.
4.1.10 To consider, originate, support and procure improvements in the law relating to families, divorce and mediation and in the general practice of mediation.
4.1.11 To watch over, promote and protect the interests of its members.
4.1.12 To keep, supervise and implement a Register of members who the Association approves of, to practice as mediators.
4.1. 13 To promote the professional status of mediators to do all such things as are necessary to achieve that end.
4.2 The powers of the Association shall be, provided that all the powers set out in 4.2. exercised by the Committee, save and except that the powers set out in 4.2.9 and 4.2.10 shall be exercised by the members in a general meeting.
4.2.1 Generally to take such action as may be required for the achievement of its objects as laid down in the constitution, notwithstanding the specific powers stated in sub-clauses 4.2.2 to 4.2.13 hereunder.
4.2.2 To appoint and dismiss a Secretary and such other employees as it may deem fit, and on such terms as it may from time to time consider expedient.
4.2. 3 (removed)
4.2.4 To receive enrolment fees, annual subscriptions and all other revenues of the Association, to open and operate an account or accounts with any registered financial institution and to draw, accept and endorse bills, cheques, promissory notes and other negotiable instruments; and to invest any moneys of the Association not immediately required for any of its objects on commitments in such manner as may from time to time be determined, provided that the income or profits from any investment or any other source shall be applied to the furtherance of the objects of the Association and not to the payment of any dividend to its members.
4.2.5 To borrow, lend or raise money with or without security, and to secure such loans by any means, including mortgage of the Association’s property or by overdraft from its bankers.
4.2.6 To acquire, purchase, lease or rent furniture, office fittings, office equipment, stationery and any other movable property, reasonably necessary for the furtherance of the Association’s objects, and to dispose of same by way of sale or otherwise.
4.2.7 To determine, where not otherwise provided for in this Constitution, the requirements in respect of educational standards and practical experience for the admission of applicants to the various classes of membership, to receive, consider and decide upon such applications for membership, and to devise appropriate means of assessing the competence of such applicants.
4.2.8 To maintain a register of membership, and to design, print and issue such certificates of membership as may from time to time be prescribed.
4.2.9 To cause to be elected an Executive Committee, President, Chairperson, Vice-Chairperson, Treasurer and such other office bearers as may from time to time be decided.
4.2.10 To establish such sub-committees and regional committees as may be required or desired and to prescribe for the control, management, administration and regulation of such sub-committees and regional committees and their affairs insofar as these are not regulated for herein, and to delegate to them such powers as may be deemed necessary.
4.2.11 To make, and from time to time alter, amend or rescind rules and/or by- laws for the carrying out of the business of the Association and to provide for all other matters which in terms of this Constitution may be prescribed.
4.2.12 To take any steps with regard to the publication, distribution and disposal of journals, calendars, year books and other forms of printed matter as it may deem necessary and to establish and maintain specialist libraries.
4.2.13 To recommend conditions of appointment and fees to be paid to its members for their services as mediators.
4.3 The income and profit of the Association from whatever source derived, shall be applied solely towards the promotion of the objectives of the Association as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise, or by way of profit of the persons who at any time may be or have been members of the Association, or to any person claiming through any of them, provided that nothing herein shall prevent the payment in good faith of remuneration to any officers or servants of the Association or to any member of the Association or other person in return for any services actually rendered to the Association.
- MEMBERSHIP
5.1 There shall be the following categories of members of the Association:
5.1.1 Associate members, being members who have paid their membership fees and are not qualified or do not wish to be mediators.
5.1.2 Practitioner members, who shall have passed such qualifying examination or who have attained such general educational standards as may from time to time be prescribed by this Association and which entitles them to practice as mediators.
5.1.3 Honorary members, who shall be members who have been elected honorary members by the Executive Committee on account of particular expertise, experience or contribution in the field of mediation.
5.1.4 Affiliate members who shall be Associations of Mediators to whom affiliate membership has been granted by the Executive Committee and;
5.1.4.1 who are in the discretion of the Executive Committee, sufficiently geographically distant from Johannesburg
5.1.4.2 whose members that practice as Mediators shall apply for accreditation from the SAAM Committee, on payment of such fees as may be determined by the Executive Committee
5.1.4.3 whose training courses for training of Practicing mediators offered under the auspices of the affiliate members shall be approved by the Executive Committee of SAAM
5.1.4.4 whose members may, should they so desire, apply for membership of SAAM in their own right
5.1.5 Student Members, being members who are bona fide registered students at a University, recognized by the Executive Committee and who are enrolled for a degree in the fields of law and/or mental health or such other degree as may be recognized by the Executive Committee.
5.2 Application for membership shall be made to the Executive Committee and applicants shall furnish such information as may be required by the Executive Committee, which shall have the right to require applicants to confirm by affidavit any information submitted in support of an application for membership.
5.3 The name and address of every member shall be entered in a roll to be called the “Roll of Members” in which the various categories of members shall be listed separately.
5.4 Every member shall be entitled:
5.4.1 To receive all notices, circulars, balance sheets, agendas of general
meetings and other documents issued to members.
5.4.2 To take part in any discussion on any matter at any general meeting of members.
5.4.3 To attend and participate in all conferences, lectures, workshops, symposia, courses or other activities organized or sponsored by the Association subject to such limitations and on such terms and on payment of such fees as the Executive Committee shall determine.
5.5 Only practitioner members shall be entitled to vote on any resolution at any general meeting of members and to vote for candidates for election to the Executive Committee.
5.6 Only practitioner members shall be eligible for election to the Executive Committee or hold any office in the Association.
5.7 The liability of each member shall be limited to the amount of any subscription or other debt owing by him to the Association.
- ENROLMENT FEES AND SUBSCRIPTIONS
6.1 Every application for membership shall be accompanied by the prescribed application fee, provided that where any application for membership is rejected, the application fee shall be refunded to the applicant.
6.2 Enrolment fees and subscriptions shall be determined by the Annual General Meeting of members. The Executive Committee shall recommend to the Committee who, in turn, shall recommend to the Annual General Meeting, the subscriptions that should be payable by all members. Immediately after the Annual General Meeting, the Secretary shall inform each member of the annual subscription and enrolment fees.
- DURATION AND TERMINATION OF MEMBERSHIP
7.1 Any practitioner or honorary shall be deemed to be a practitioner or honorary as the case may be, as from the date of receipt by him of a letter from the Secretary advising him of the acceptance of his application as practitioner, or of his election as honorary, and on such date he shall become liable for payment of the annual subscription, provided that if such date is after 30 June, he shall be liable for half of the annual subscription for that year.
7.2 The membership of any member shall terminate if:
7.2.1 He submits his resignation in writing to the Secretary, and his resignation is accepted by the Executive Committee
7.2.2 He fails to pay any annual subscription for which he may be liable within three (3), months of the date upon which such subscription becomes due, subject to the provision that the Executive Committee may on good cause shown, permit him additional time in which to pay his subscription.
7.3 No refund of any subscription or part thereof shall be made to a person ceasing to be a member and he shall in any event remain liable to the Association for any subscription or other debts or obligations due by him.
- EXECUTIVE COMMITTEE
8.1 The Affairs of the Association shall be managed and controlled by an Executive Committee which is hereby established.
8.2 The Executive Committee shall consist of at least 7 members provided that the majority shall be practitioner members.
8.3 The period of office of members of the Executive Committee shall be one year. All members retiring from the Executive Committee shall be eligible for re-election.
8.4 A member of the Executive Committee shall cease to be a member if:
8.4.1 He tenders his resignation in writing;
8.4.2 He fails to attend three consecutive meetings of the Executive Committee without its consent;
8.4.3 He ceases to be a member of the Association.
8.5 The Executive Committee shall co-opt a Practitioner or Honorary member to fill any vacancy that may occur on the Executive Committee between one annual general meeting and the next term of office of such co-opted member shall equal the unexpired term of office of the member whose vacated seat he/she is co-opted to fill.
The Executive Committee shall furthermore be empowered to co-opt not more than three Practitioner or Honorary members of the Association as members of the Executive Committee and such members shall have all the rights and powers of members of the Executive Committee as herein provided, and their term of office shall expire on the date of the next annual general meeting.
8.6 The Executive Committee shall, at its first meeting after the annual general meeting, elect from among its members a Chairperson, Vice-Chairperson, a Treasurer and any other office bearers deemed necessary, all of whom shall hold office until the successors are appointed at the first meeting of the Executive Committee after the annual general meeting in the next succeeding year.
8.7 The Executive Committee shall meet at least once in every two months at such place and at such time as it may from time to time determine and not less than fourteen days written notice shall be given to members of the Executive Committee of such meetings.
8.8 The quorum at meetings of the Executive Committee shall be not fewer than one half of the number of its members, In the event that a quorum of members is not personally present when any meeting of the Executive Committee is due to commence and for thirty minutes thereafter, the meeting shall be adjourned for seven days and the members present at such adjourned meeting shall constitute a quorum provided always that these resolutions shall not take effect until a subsequent quorate meeting of the Committee has adopted such resolution.
- GENERAL MEETINGS
9.1 The executive Committee shall convene an annual general meeting of members not later than the last day of November in each year at such place as it may from time to time determine, and shall give all members at least twenty-one days written notice of such meeting.
9.2 Within fourteen days of receipt of a written petition for the holding of a special meeting signed by not less than ten members stating the purpose of such meeting, the Executive Committee shall convene such meeting and shall give all members not less than fourteen days written notice of such meeting.
The quorum at any general meeting shall be twelve members. In the event that a quorum of members is not personally present when any general meeting is due to commence and for thirty minutes thereafter, the meeting shall be adjourned for seven days and the members present at such adjourned meeting shall constitute a quorum.
9.3 The ordinary business of any general meeting shall include the following:
9.3.1 To receive and consider the report of the Executive Committee;
9.3.2 To receive and consider the financial accounts of the Association;
9.3.3 To elect members to the Executive Committee to fill any vacancies which may exist;
9.3.4 To consider any matter, proposal or resolution raised or proposed by any member, provided that at least two weeks written notice to the Executive Committee shall be given by the member concerned requesting that such matter, proposal or resolution be included on the agenda of such meeting.
- FINANCE
10.1 All the funds, assets and properties of the Association, moveable or immovable, shall be administered by the Executive Committee on behalf of the Association.
10.2 Unless otherwise determined by the Executive Committee all cheques drawn on behalf of the Association shall be signed by any two of the following:
10.2.1 The Chairperson
10.2.2 The vice-Chairperson
10.2.3 The Treasurer
10.3 The Executive Committee shall keep proper account of all money received and expended and of all assets and liabilities of the Association and a statement of such accounts, drawn up to the last day of the month of June, shall be submitted to members at the next ensuing annual general meeting.
10.4 The Annual General Meeting shall elect an auditor who shall audit the annual accounts of the Association.
- CODE OF CONDUCT
11.1 Every member of the Association shall uphold the highest standards of integrity and shall conduct himself in accordance with the code of conduct which shall be passed by a special resolution of the general meeting and shall be binding on each and every member of the Association.
11.2 Improper conduct on the part of a member shall consist of any act of commission or omission, either in respect of his activities as a mediator or of any business or undertaking of whatever nature in which he may be engaged, which in the opinion of the Executive Committee, is inconsistent with the standards of behaviour which are to be expected of a member of the Association or of a mediator in the execution of his duties.
11.3 The Executive Committee shall refer all written complaints of improper conduct on the part of any member to a designated Complaints Officer, appointed by the Executive committee who shall investigate such complaint.
11.4 If the Complaints Officer finds that the member is guilty of improper conduct, he/she is empowered in his/her own discretion to make a suitable recommendation.
11.5 The Executive Committee may then act on the recommendation, alternatively, may impose its own sanction. Any decision by the Executive Committee shall be final and binding and not subject to appeal.
- NOMINATION OF MEDIATORS
12.1 When the Association, or any office-bearer or servant of the Association in his capacity as such, is requested to nominate one or more mediators to resolve a dispute, or to nominate several persons from whom one or other of the parties to a dispute shall elect one or more to be the mediator or mediators to resolve the dispute, such nomination shall be made by the Chairperson who may consult such advisory committee as may be appointed by the Executive Committee to advise him.
- DISSOLUTION
13.1 The Association may be dissolved by a resolution of the Executive Committee submitted to the members of the Association at a general or special general meeting for the decision by vote, provided that the Association may not be dissolved unless two-thirds of the members were in favour of dissolution.
13.2 The terms of any such resolution shall provide for the manner in which any surplus assets of the Association after satisfaction of the debts of the Association shall be applied.
- AMENDMENTS TO THE CONSTITUTION
14.1 Any proposal to amend this constitution shall be submitted either to an annual general meeting of members or to a special meeting of members convened for this purpose. The quorum and period of notice of such special meeting shall be as hereinbefore laid down for an annual general meeting.
14.2 No proposal to amend this constitution shall be put to any general meeting of members unless notice of the resolution has been set out in the notice convening the meeting.
14.3 No proposal to amend this constitution shall be effective unless it received the votes of two-thirds of the associates present and voting at such general meeting.
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