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THE CONSTITUTION AND RULES
OF THE
SOUTH AFRICAN ORTHOPAEDIC ASSOCIATION
2007
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- NAME
The Association is an official subgroup of the South
African Medical Association (SAMA), an Association
incorporated under Section 21 of the Companies Act,
1973, Registration No. 05/00136/08, and its name shall
be the “SOUTH AFRICAN ORTHOPAEDIC ASSOCIATION.”
- The Association shall render its services and
collect contributions within the Republic of South
Africa.
- OBJECTS
The objects of the Association shall be:
- The advancement of the science and art of
Orthopaedic Surgery.
- The protection of the interests of its members.
- MEMBERSHIP
- Full Membership
Membership may be granted to any person who is a medical
practitioner, is registered within the Republic of South
Africa as a specialist in the field of orthopaedic
surgery, and who is a member of the South African
Medical Association provided that his/her professional
practice is confined to the practice of the speciality
of orthopaedic surgery. Membership is conferred by a two
thirds majority of the Executive Committee.
- Affiliate Membership
Affiliate membership may be granted to Medical
Practitioners resident outside the Republic of South
Africa who qualify for Affiliate Membership of the South
African Medical Association, provided that the nature of
their practice is such as to give them a special
interest in the subject of Orthopaedic surgery. The
method of election of Affiliate membership shall be the
same as that prescribed for granting full membership in
sub-section 3(a) above. An Affiliate member shall have
full rights of membership, but shall not be eligible to
vote at meetings of the Association.
- Associate Membership
Associate membership may be granted to medical
practitioners who are not orthopaedic surgeons, provided
they are members of the South African Medical
Association and provided the nature of their practice is
such as to give them a special interest in the subject
of orthopaedic surgery. The mode of election of
associate members shall be the same as that prescribed
for full members in sub-section 3(a). An Associate
member shall have full rights of membership but shall
not be eligible to vote at meetings of the association.
Associate members who qualify as orthopaedic surgeons
shall automatically become full members of the
association from the date of registration as a
specialist with the Health Professions Council of South
Africa. It is incumbent on associate members to inform
the secretary of the Association of their registration
as an orthopaedic surgeon in writing as soon as
possible.
- Honorary Membership
Honorary membership may be conferred on persons eminent
in Science of the Humanities, provided, in the opinion
of the Executive Committee, they have made valuable
contributions to the advancement of Medical Science.
Candidates for Honorary membership, having been duly
proposed and seconded in writing by any two (2) members
of the Association, may be elected by at least a
two-thirds majority of those members voting at a meeting
of the Association.
Honorary members shall have such privileges as may be
conferred on them by the Executive Committee, but shall
not be eligible to vote at meetings of the association.
The current Presidents of the Australian Orthopaedic
Association, the British Orthopaedic Association, the
Canadian Orthopaedic Association, the New Zealand
Orthopaedic Association, the American Orthopaedic
Association, the American Academy of Orthopaedic
Surgeons and the Association of Bone and Joint Surgeons
shall be regarded as being Honorary Members. The same
consideration may be given to the Presidents of such
similar organisations as may be proposed from time to
time.
- Life Membership
Life membership may be conferred on persons who have
rendered distinguished services to the Association, and
who are Members of the Association.
Candidates for Life Membership, having been proposed and
seconded in writing by at least two (2) members of the
Association, shall be elected by a two-thirds majority
of all members of the Executive Committee. Life members
shall retain all the rights and privileges of
membership, but shall not be liable for payment of any
subscriptions whatsoever.
- Emeritus Membership
Emeritus membership may be conferred on members who are
considered by the Executive Committee to have retired
from active practice or have attained the age of
sixty-five (65) whether of not they continue to hold
salaried posts or are engaged in private practice,
provided that they are resident within the Republic of
South Africa. Members from other categories of
membership may receive similar consideration at the
discretion of the Committee. Candidates for emeritus
membership shall be elected by at least a two-thirds
majority of the Executive Committee.
Emeritus Members shall retain all the rights and
privileges of membership, but shall not be liable for
payment of any subscriptions whatsoever.
- Extraordinary Membership
Extraordinary membership may be granted to scientists
whom are not medical practitioners provided their work
gives them a special interest in the subject of
orthopaedic surgery.
The mode of election of extraordinary members shall be
the same as that prescribed for ordinary members in
sub-section 3(a) above.
Candidates for extraordinary membership, having been
proposed and seconded in writing by at least two (2)
members of the association, shall be elected by at least
a two-thirds majority of the Executive Committee.
Extraordinary emeritus membership of the association may
be considered from time to time at the discretion of the
Executive Committee provided that this is decided by at
least a two third majority of those members voting at a
meeting of the Association.
Extraordinary members shall retain all the rights and
privileges of membership of the association but shall
not be eligible to vote at meetings.
Extraordinary members of the Association need not be
extraordinary members of the South African Medical
Association.
- GRANTS AND AWARDS
To qualify for a prize, award, fellowship or travel
grant from the South African Orthopaedic Association,
the applicant must have been a member of any category of
the South African Orthopaedic Association for at least
one calendar year, (three hundred and sixty five days)
directly preceding the application. If not the applicant
would not qualify.
An extraordinary grant may be given to an applicant, but
must be decided by the Executive Committee of the South
African Orthopaedic Association with a two-third
majority.
- TERMINATION OF MEMBERSHIP
Every member shall remain a member of the association
until either terminates his membership:
- His/her resignation in writing, addressed to the
Secretary;
- A majority decision of the Executive Committee,
provided that any member, whose resignation is requested
by the Executive Committee, shall have the right, after
making written application to the Secretary within
fourteen (14) days of receiving such request, to appeal
to the next meeting of the members of the Association.
- SUSPENSION OF MEMBERSHIP
Any member may have his membership suspended if his
subscription becomes six (6) months overdue, but may be
reinstated on payment of arrear subscriptions. Such
suspension and/or reinstatement shall be at the
discretion of the Committee. During the period of
suspension, however, the member shall lose all the
rights and privileges of membership of the Association.
- A. SUBSCRIPTIONS
The money value of the annual subscriptions shall be
proposed by the Honorary Treasurer at least four (4)
weeks prior to the AGM and put to the vote at the
Executive Committee. It shall also be acceptable for the
amount of such subscriptions to be changed by at least a
two-thirds majority vote at any meeting of the Executive
Committee.
The first subscription of a member shall be due on
election and subsequent subscriptions shall become due
on the 1st January of each year. Should, however, a
member be elected after the 30th June of any given year
his first subscription shall be one half of the annual
subscription for that year.
The association may impose a special levy on it’s
members to provide funds, the amount of which shall be
determined by at least a two-thirds majority vote taken
at a meeting of the Executive Committee.
7 B. FUNDRAISING
The Association shall be competent to engage in
fundraising provided that:
- Authority in terms of the Fundraising Act, 19789,
has been granted by the Director : Fundraising;
- Exemption from the payment of income tax has been
granted by the Commissioner : SA Revenue Service in
terms of the Income Tax Act, 1962;
- The following stipulations applicable to
tax-exempted bodies are strictly observed:
- No profits or gains shall be paid to any person;
- All funds shall be utilized exclusively for the
advancement of the aims and objectives for which the
Association was established, and for investment;
- The activities of the Association shall be
confined to the advancement of its aims and objectives;
- The Association shall not engage in any business
activities or any other activities directed at the
generation of profit, or participate in any business,
professional, or occupational activities conducted or
pursued by any of its members, or provide any of its
members with any financial assistance, premises,
continuing services of facilities required by such
member for the conduct or pursuance of his business,
profession, or occupation;
- Funds available for investment shall be invested
exclusively with registered financial institutions as
defined in Article 1 of the Financial Institutions
(Investment of Funds) Act, 1984, and in shares listed on
a licensed stock exchange as defined in the Stock
Exchange Control Act, 1985;
- The stipulations embodied in Clause 16 of the
Constitution of the Association shall be strictly
observed upon the dissolution of the Association.
- All decisions of the Executive Committee concerning
disbursements and investments be immediately and
properly minuted in full detail;
- Dedicated books of account be maintained in
accordance with accepted accounting procedures;
- All books of account and annual financial statements
be inspected and certified by a chartered accountant
annually;
- Clause 15 of the Constitution of the Association be
strictly observed: and
- No member of the Committee shall have a direct or
indirect interest in or benefit from any contracts,
which the Committee may conclude with any company.
Should the services of a fund-raiser be made use of for
the collection of contributions, the expenses
(remuneration and/or commission included) may not exceed
40% of the total turnover of the collection. Paid
officials of the Association may serve on a fundraising
committee in an advisory capacity but will have no
voting rights.
No competition, contest, game, scheme, arrangement or
system in connection with which any prize may be won,
shall be conducted or caused to be conducted by the
Association unless an authority in terms of any other
Act has been obtained beforehand.
All property shall be registered in the name of the
South African Orthopaedic Association.
The financial year of the Association will end on 31 May
of each year. (If this financial year schedule does not
suit the Association, a motivation to this effect must
be submitted).
At all meetings of the Executive Committee a quorum
shall consist of half of the members of the committee
plus one of the members.
- ANNUAL GENERAL MEETING
- The annual general meeting of the association shall
be held at such time (being not less than nine (9)
months and not more than fifteen (15) months, after the
holding of the preceding meeting) and place as may be
fixed by the Executive Committee.
- The President of the association shall preside as
chairman at the opening of every meeting of the
association. In the absence of the president, a chairman
shall be appointed by the members of the association
present at the meeting.
- No business shall be transacted at any meeting of
the association unless there be present a quorum of not
less than 10% of the voting members. If within one (1)
hour from the time appointed for the meeting, such
quorum be not present, the Meeting shall stand adjourned
to the following day at the same time and place, and if
at such adjourned meeting a quorum be not present, those
present shall be deemed to be a quorum.
- Voting at meetings shall follow the form prescribed
in the By-Laws of the South African Medical Association.
- SPECIAL GENERAL MEETINGS
- Meetings of the Association may be held from time to
time and shall be called by the Executive Committee
either on its own initiate or on the written request of
at least six (6) members of the Association.
- At least fourteen (14) days written notice of the
holding of a meeting shall be given to all members of
the Association and such notice shall specify the object
for which the Meeting is being called.
- No business shall be transacted at any Meeting
unless there be present a quorum of not less than twelve
(12) members. If, within one (1) hour from the time
appointed for the meeting, such quorum be not present
the meeting shall be dissolved.
- Voting at meetings shall follow the form prescribed
in the By-Laws of the South African Medical Association.
- COMPOSITION, METHOD OF ELECTION AND TERM OF OFFICE
OF THE EXECUTIVE COMMITTEE
- The committee shall consist of the President, the
immediate Past-President, the First and Second Vice
President and nine (9) elected members.
- The President shall hold office for one (1) year.
Should the office of the President fall vacant for any
reason during this period, it shall be filled in the
following manner:
- By the immediate Past-President if it occurs during
the first six months of office, until such time as a by
election can be conducted in such a manner as may be
directed by the Executive Committee.
- By the first Vice President if the vacancy occurs
during the second six months of office.
- The immediate Past-President shall serve on the
Committee for one (1) year after his term of office.
Should a vacancy arise in the office of the
Past-President a member elected by the Executive
Committee may fill this post.
- The President-Elect shall be elected by ballot and
serve on the Committee for two (2) years before assuming
the office of President. The president-elect will be
known in the first of these two years as the Second
Vice-President and as the First Vice-President in the
second year. The election shall take place annually.
Nominees for the office of President-Elect shall be
drawn from members who have served a period of at least
two (2) years on the Executive Committee. If no
candidate fulfills these requirements then any other
eligible member may be nominated for the office of the
President-Elect.
- Each of the six (6) Branches of the Association
shall be represented on the Executive Committee by one
(1) member. The remaining three (3) elected members
shall be elected by national ballot.
- Of the nine (9) elected members, three (3) shall
retire annually in rotation but shall be eligible for
re-election.
- A vacancy occurring among the nine elected members
by virtue of election to the office of president or
vice-president or for any other reason shall be filled:
- If it is in respect of a member representing a branch
by the branch nominating a successor;
- If it is in respect of a balloted member this post
will be filled by election of a successor by the
Executive Committee or by a special election conducted
amongst members of the Association in such a manner as
may be directed by the Executive Committee.
- The Secretary of the association shall be the
electoral officer and shall advise branches of vacancies
on the Executive Committee. The names of the
representatives elected by the branches are to be
presented to the Electoral Officer three (6) weeks
before the next Meeting of the Executive Committee.
Thereafter the Secretary of the association shall notify
all members of the already elected list and indicate the
number of residual vacancies. The secretary of the
association will call for nominations duly proposed,
seconded and accepted by candidates, and these are to be
presented to the Electoral Officer six (6) weeks before
the meeting of the Executive Committee. Postal votes
shall be called for four (4) weeks before the meeting of
the Executive Committee.
- At its first meeting after election, the Committee
shall elect from amongst its members a Chairman, a
Treasurer and a Membership Secretary.
- The following are recognized Branches of the
Association:
- Gauteng North & Limpopo
- Gauteng South & Mpumalanga
- Free State, North West & Northern Cape
- KwaZulu Natal
- Eastern Cape
- Western Cape
- As and when further Branches are authorized in terms
of Clause 10B (a) the Executive Committee, membership
shall be accordingly adjusted.
- ORGANISATION AND CONTROL
A. National Control:
- The policy of the Association shall be determined by
its members.
- Any amendment to the policy shall require a
two-thirds majority of those members voting at a meeting
of the Association.
- The general control of the affairs of the
Association (within the policy as determined by its
members) shall be vested in the Executive Committee.
- In exercising control over the affairs of the
Association, the Executive Committee shall at all times
abide by the “Rules for Special Groups within the South
African Medical Association” as prescribed by the
Federal Council of the Medical Association.
- Any member of the Executive Committee who, for good
reasons, finds himself unable to attend any meeting of
the Committee shall have the right to nominate an
alternate to represent him at such meeting.
- In addition to any powers specified elsewhere in the
Constitution, the Executive Committee shall also have
power –
- To co-opt additional members as required;
- To appoint and dissolve sub-committees as required.
B. Local Control
- It shall be competent for the Executive Committee to
authorize the formation of Branches of the Association.
- Each Branch shall have a minimum membership of
twenty (20).
- Each Branch may, at the discretion of the Committee,
be allowed powers of independent action in local matters
provided such action is not in conflict with and is
governed by the Rules of the Association.
- Each Branch shall submit a report on local action to
the Secretary of the Association at least four (4) weeks
before the Meeting of the South African Orthopaedic
Association.
- Each Branch shall be controlled by an Executive
Committee consisting of a Chairman, a
Secretary/Treasurer and other members elected by the
members of that Branch.
C. Special Interest Groups:
- It shall be competent for the Committee to authorize
the formation of Special Interest Groups within the
Association.
- Each Special Interest Group shall remain under the
auspices and within the jurisdiction of the Association.
- Each Special Interest Group may hold at least one
meeting per year at the time of the Annual Congress of
the Association. Additional meetings can be held
throughout the year but should not clash with other
meetings or courses organized by the Association.
- A Special Interest Group may be authorised by the
Committee only after the Committee has approved the
constitution.
- A Special Interest Group shall not be entitled to
individual representation on the Committee.
- Each Special Interest Group shall submit a financial
statement and a report of its activities to the
Secretary of the Association before the annual general
meeting of the Association.
- DUTIES OF THE SECRETARIAT
The Secretariat of the Association shall keep records of
all meetings of the Association and of its Committee and
shall conduct all correspondence in connection with the
affairs of the Association. He/she shall also submit an
Annual Report to the Meeting of the Association and
shall forward a copy of this report, a complete list of
all members of the Association and a copy of the Annual
Financial Statement, prepared by the Treasurer, to the
Secretary of the Medical Association not more than
thirty (30) days after each Meeting.
- . DUTIES OF THE TREASURER
The Honorary Treasurer shall receive all monies due to
the Association and shall make all disbursements
authorised by the Executive Committee. He shall also
submit an Annual Financial Statement of the Meeting of
the Association.
- DUTIES OF THE MEMBERSHIP SECRETARY
The Membership Secretary shall keep records of all
categories of membership of the Association. He/she
shall be responsible for compiling an annual list of
members and for keeping its information up to date. He
shall submit the list of members to the Meeting of the
Association. In all matters pertaining to membership, he
shall maintain close liaison with the Secretary and
Treasurer op the association.
- AMENDMENTS TO THE CONSTITUTION
Any proposed amendments to this Constitution shall –
- Be effected only if passed by two-thirds of those
voting at a General Meeting of the Association; and
- Comply with the rules and regulations:
- The Federal Council or the Board of Trustees of the
South African Medical Association;
- The Commissioner: SA Revenue Service; and
- The Director: Fundraising.
- DISSOLUTION
In the event of the dissolution of the Association, any
remaining assets of the Association, after all debts
have been settled and all obligations met, shall not be
paid or given to, or divided among the members of the
Association, but be given or transferred to another
Specialist or Special Interest Group of the South
African Medical Association engaged in activities
similar to those for which this Association was
established or, alternatively, such assets may be
transferred or given to the South African Medical
Association.
The members attending the final General Meeting of the
Association, or the Executive Committee of the
Association, will designate such Group, provided that a
Group so designated shall be a Group exempted in terms
of Section 34(2) (a) of Non-profit Organisations Act
from payment of income tax and which is registered in
terms of the Non-profit Organisations Act, 1997 (Act 71
of 1997).
- COPYRIGHT OF MATERIAL PRESENTED AT MEETINGS
Any written article, abstract or oral presentation,
submitted to the association for any purpose remains the
property of the association and may be distributed to
members of the association. The distribution of such
material shall not be done in any way that could be
construed as plagiarism or not acknowledge the original
author of the work.
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