THE CONSTITUTION AND RULES OF THE SOUTH AFRICAN ORTHOPAEDIC ASSOCIATION 2014
The Association is a Specialist Group within 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.
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.
- 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 specialty 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 qualifies 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
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
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
Candidates for Honorary membership, having been duly
proposed and seconded in writing by any two (2) members of the
Association, may be elected by a two-thirds majority of the Executive
Committee voting at a meeting of the Executive Committee, or a two
-thirds majority of those members voting at the Annual General
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.
Presidents of the Australian Orthopaedic Association, the British
Orthopaedic Association, the Canadian Orthopaedic Association, the New
Zealand Orthopaedic Association, and 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 organizations as may be proposed from time
- Life Membership
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
membership may be conferred on full and affiliate members who are
considered by the Executive Committee to have retired from active
practice or have attained the age of sixty-seven (67) whether or not
they continue to hold salaried posts or are engaged in private
practice. 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.
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
- Special membership
will be conferred on members serving as members of the Executive
Committee and the Congress Committee. Special members shall not
be liable for the payment of registration fees for the Annual
Congress. Special membership status will be terminated at the
completion of the member’s term of office.
4. 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
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.
5. TERMINATION OF MEMBERSHIP
Every member shall remain a member of the association until they
terminate their membership by either:
- His/her resignation in writing, addressed to the
- 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.
6. 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.
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. Interest can be charged to a maximum of 4% above prime
interest rate and may be levied on all payments received after 31st
March. A discount for early payment of subscriptions may be offerred at
the discretion of the executive committee.
The association may impose a special levy on its 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.
The Association shall be competent to engage in fundraising
- Authority in terms of the Fundraising Act, 1978, 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,
- 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 shall be immediately and properly
minuted in full detail;
- Dedicated books of account shall be maintained in accordance
with accepted accounting procedures;
- All books of account and annual financial statements shall be
inspected and certified by a chartered accountant annually;
- Clause 15 of the Constitution of the Association shall 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.
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
All property shall be registered in the
name of the South African Orthopaedic Association.
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.
and property of the Association shall be used for the promotion of the
objects of the Association. No portion thereof shall be paid or
transferred to past or present members of the Association, provided
that nothing shall prevent the payment 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
8. 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.
9. 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
- 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
- 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.
10. 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)
- The President shall hold office for one (1) year. Any
president elected from 2009, who serves a one year term as president,
may be re-elected for another one year term but no member may be
president for a term exceeding two years. Should the office of the
President fall vacant for any reason during his term of office 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
- 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 annual ballot.
Nominees for the office of President-Elect shall be drawn from members
who have served on the Executive Committee for at least two (2) years.
If no candidate fulfills this requirement then any other member may be
nominated. The President-Elect shall serve on the Executive Committee
for two (2) more years before assuming the office of President. The
President-Elect shall be known in the first of these two years as the
Second Vice-President and as the First Vice-President in the second
- 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
- 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 President of the SAOA or one of the Vice Presidents 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 six (6)
weeks before the next Meeting of the Executive Committee.
Thereafter the CEO of the association shall notify all members of the
already elected list and indicate the number of residual
vacancies. The CEO 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. Votes shall be called for four (4)
weeks before the meeting of the Executive Committee. All
voting at a national level shall be by electronic secret
- At its first meeting after election the Executive Committee
shall elect the President of the SAOA as the Chairman of the Executive
Committee. The President shall assign offices and duties within the
Executive Committee as he sees fit.
- The following are recognized Branches of the Association:
- Gauteng North & Limpopo
- Gauteng South & Mpumalanga
- Free State, North West & Northern Cape
- Kwa-Zulu 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
- Voting of elected members to the executive committee shall be
by secret ballot. The candidate with the most votes shall be the
winner. In case of a deadlock, the President will have the
11. ORGANISATION AND
A. National Control:
- The policy of the Association shall be determined by its
- 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
- In exercising control over the affairs of the
Association, the Executive Committee shall at all times abide by the
“Rules for Specialist Groups within the South African Medical
Association “as prescribed by the National Council of the
- 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 the 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
- 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
- A Special Interest Group may be authorized 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.
12. 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.
13. DUTIES OF THE TREASURER
The Honorary Treasurer shall receive all monies due to the
Association and shall make all disbursements authorized by the
Executive Committee. He shall also submit an Annual Financial
Statement of the Meeting of the Association.
14. 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 of the
15. 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 SAMA National Council;
- The Commissioner: SA Revenue Service;
- The Director: Fundraising; and
- The Companies Act
- Proposed changes to the Constitution shall be communicated to
the Members of the Association at least three weeks prior to the
Annual General Meeting.
Upon the winding-up, deregistration, dissolution, or liquidation
of the Association, if there remains, after settlement of its debts and
liabilities, any property whatsoever, such property shall not be paid
to or distributed among the members of the Association, but shall be
given or transferred to another institution or institutions having
objects similar to the objects of the Association and which shall
prohibit the distribution of its or their income and property among its
or their members. The members attending the final General Meeting of
the Association or the Executive Committee shall designate such
institution or institutions.
17. 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.
The updates were tabled and accepted at the Annual
General Meeting held on 3 September 2014 in Cape Town.
SIGNED AND APPROVED BY: Dr JN de Vos - SAOA
DATE: 16 September 2014