The name of the Association is “The Association of Regional Magistrates of Southern Africa” hereinafter, “the Association”.
The objectives of the Association are to:
- Position the Regional Court, as an autonomous Court having criminal and civil jurisdiction, with Regional Magistrates as an autonomous professional group between the Supreme Court and the Magistrate’s Court in the hierarchy of Courts.
- Extricate Regional Magistrates from all ties with the civil service to achieve independence in the true sense of the word.
- Investigate the feasibility of withdrawing from the State pension fund to invest with a private fund and, if feasible, to negotiate such withdrawal.
- Strive with the Government to alter the Court structure, reduce litigation costs and include a broader spectrum of the community in the judiciary.
- Serve as liaison between Regional Magistrates on the one hand and the Government and/or persons or organisations appointed by the Government or acting on instruction or on behalf of the Government, on the other hand, with regard to any communications or negotiations concerning the objectives of the Association.
- Promote judicial standards to their highest possible level and to create a human rights culture.
- Build an independent Regional Bench in a responsible fashion to accord with a true democracy.
- Promote the interest of its members including remuneration, service benefits, working conditions and promotions.
- Liaise and co-operate with any organisation or body which reconciles itself with these objectives.
- Issue publications should the Executive Committee so decide and to issue newsletters should the Executive Committee or a Regional Committee so decide.
- Hold conferences to discuss legal development and, generally, matters concerning the functioning of Regional Courts.
- Comment on proposed new legislation/existing legislation and/or to propose necessary amendments to existing legislation.
- Participate and to promote without prejudice the participation of its members in social upliftment projects under its project portfolio to the benefit of deserving beneficiaries.
- Take all steps necessary and appropriate to promote the aforementioned objectives and which would benefit the Association and its members.
- The Association is a juristic person not established for gain and its income and property, from whatever source obtained, shall be applied to promote the objectives set out in the Constitution of the Association.
- All assets of the Association shall be held or registered in the name of the Association.
- The income and assets of the Association shall be applied solely in the promotion of its objectives and no portion of the income may be transferred, directly or indirectly, to any member or members, provided that nothing herein contained shall prevent the payment of any bona fide compensation to any member of the Association for service which he/she has rendered to the Association.
- The Association has the authority to sue or to be sued in its own name. The power of attorney to institute or defend legal proceedings shall be granted by the Executive Committee and be signed by the Secretary.
4A. The Association shall not pay to any employee, office bearer, member or other person any remuneration, as defined in the Fourth Schedule to the Income Tax Act, 1962 (Act 58 of 1962) (hereinafter “the ITA”), which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered.
- The President or Secretary or a nominee is empowered to represent the Association in all judicial proceedings.
- The Association may not have any share or other interest in any business, profession or occupation which is carried on by any of its members.
Membership of the Association consists of the following three (3) categories:
- Full members.
- Honorary members.
- Affiliated members.
 Full members:
(1) A person permanently appointed as a Regional Magistrate of a Regional Division in the Republic of South Africa and who serves in a post of Regional Magistrate or Regional President,
(2) Or any person on probation in the Regional Court prior to being permanently appointed as a Regional Magistrate qualifies to become a member,
(3) Any Regional Magistrate who has retired or resigned and who has made a significant contribution to the Regional Court or who have had a post or existing close relationship with the Regional Court may apply for membership to the Executive Committee.
The Executive Management Committee of the Association may, however, authorise a person, who is permanently appointed as a Regional Magistrate, but temporarily serves in another post, to remain a member of the Association.
Full members of the Association are entitled to attend meetings of the Association, to participate in discussions and ballots, and to be co-opted to occupy posts.
 Honorary Members:
Any person who has made a significant contribution to the Regional Court or who has had a past or existing close relationship with the Regional Court, may, on recommendation of the Executive Committee and following approval at the general meeting, be invited to become an honorary member of the Association or be bestowed with honorary membership posthumously.
Honorary members of the Association are entitled to attend meetings of the Association, to participate in discussions and to be co-opted, but may not vote or be elected to office.
 Affiliated Members:
Any judicial officer from any SADEC country who has equivalent jurisdiction to the Regional Courts may apply to affiliate as a member.
Affiliated members of the Association are entitled to attend meetings of the Association at own expense, participate in the discussions and to be co-opted but may not vote or be elected to office. They are also entitled to receive the monthly newsletter and all other information sent to full members.
(c) Affiliated members shall at all times pay half of the membership fee paid by full members.
Any ARMSA member who has made a significant contribution to the benefit of ARMSA or its members for a prolonged period of time, may on recommendation of the Executive Committee and following approval at the general meeting, be awarded honorary colours of the Association.
Any ARMSA member upon whom honorary colours have been bestowed will be entitled to adorn the honorary coat of arms of the Association.
The Name of the recipient, and reason for the honorary citation, will also be recorded on the ARMSA Honorary Roll.
All applications for membership of the Association shall be made on the official application form of the Association. Membership of the Association is dependent on the approval of the Executive Management Committee.
Members shall notify the Executive Management Committee in writing of their resignation from the Association.
A member forfeits his/her membership:
- when the member no longer holds the office of Regional Magistrate; or
- when membership fees are outstanding for more than 3 months and the member fails to pay or make suitable arrangements for payment within thirty (30) days of a written request; or
- when a member revokes his/her stop order and neglects to make alternative arrangements for payment of membership fees.
4. When he/she is not permanently appointed as a Regional Magistrate after his/her probation period(s) his/her membership will automatically fall away.
- Every member is subject to being discipline by the Association.
- Any member who, by his/her conduct brings into disrepute the good name of the Association may be subjected to disciplinary measures as provided for in the Constitution.
- Before any disciplinary action can be taken, a formal written complaint must be forwarded to the Secretary of the Association outlining the allegations against the specific member. The member must immediately be informed of the complaint.
- The Secretary of the Association must then refer the complaint to an ARMSA Disciplinary Committee for investigation.
- If the complaint involved a member of the National Executive Management Committee the matter shall also be forwarded to the Disciplinary Committee.
- The ARMSA Disciplinary Committee shall consist of three regional chairpersons who shall be appointed by the President. One of the three regional chairpersons shall be the regional chairperson of the region from which the alleged offending member originates and he/she shall ex-officio preside as chairperson of the committee.
- The members of the Executive Management Committee and the National Executive Committee shall also be investigated by a Disciplinary Committee as envisaged in paragraph 5. If a regional chairperson is the subject of investigation or is the complainant, three (3) other regional chairpersons shall be appointed to the committee.
- If a member of the National Executive Management Committee is the subject of investigation or is the complainant, one of the other two members must appoint the three regional chairpersons to serve on the committee, one of them from the region the member originates from.
- Upon appointment of the Disciplinary Committee the chairperson shall within three working days inform the member of the allegations made against him/her and afford the member the opportunity of replying to the allegations in writing.
- The member must indicate within five (5) working days whether he/she wants to respond to the allegations or not. If he/she does want to respond, this must be done within ten (10) working days of his/her indication to do so. The reply must be forwarded to the Chairperson of the Disciplinary Committee.
- When the Chairperson of the Committee receives the reply from the member or when a member elects not to reply to the allegations levelled against him/her, the chairperson shall furnish all the members of the Disciplinary Committee with copies of both the complaint and the reply thereto within 5 working days of receiving the reply.
- After perusing the documents the committee must:
- Request, if applicable, either the complainant or the member for further information on issues that are unclear; or
- Discuss the matter in order to advise the National Executive Management Committee as to their finding in the matter.
- Recommend (by means of a majority vote) to the Executive Management Committee that the complaint be dismissed or that specific disciplinary measures are to be taken.
- Inform the complainant and the member of their recommendations within five (5) working days of the finalization of their recommendations.
- After receiving the recommendations from the Disciplinary Committee the National Executive Management Committee may by means of a majority vote:
- Dismiss the complaint and inform the member and the complainant accordingly in writing.
- Decide to take disciplinary action against the member and inform him/her that they are considering taking disciplinary steps as envisaged in the Constitution.
Provided that if the member under investigation is serving on the National Executive Management Committee, that a regional chairperson other than the three who sat on the Disciplinary Committee shall serve in his or her place on the National Executive Committee, for the purpose of considering the possible disciplinary action.
- The member must then be afforded the opportunity to make oral or written representations on appropriate disciplinary action in the matter.
This must be done within ten (10) working days of receiving the notice from the National Executive Committee that they are going to institute disciplinary measures.
- After studying the recommendation of the Disciplinary Committee regarding appropriate disciplinary measures and the representations received from the member, if any, the National Executive Management Committee shall then decide on appropriate disciplinary measures (by majority vote) and inform the member and the complainant accordingly, in writing.
- Disciplinary action against any member may include the following:
- A written reprimand.
- Suspension of a member’s membership and privileges for a maximum period of six (6) months, without the suspension of membership fees during the period of suspension.
- Removal from any post the member may have been elected to or was co-opted to.
- Revocation of the membership of ARMSA.
- On receipt of the written notice by the National Executive Management Committee, the member may:
- Accept the decision and discipline action decided upon by the National Executive Management Committee.
- Appeal against the finding and/or the specific disciplinary actions decided upon. The appeal must be lodged with the Secretary in writing with reasons within ten (10) working days of receiving the written notice.
All disciplinary action shall be suspended pending the outcome of the appeal.
- The appeal shall be considered by five (5) members of the National Executive Committee, excluding the three (3) regional chairpersons who were members of the Disciplinary Committee and also excluding the members of the National Executive Management Committee.
They shall be appointed by a Regional Chairperson who did not form part of the Disciplinary Committee. This committee must be formed within ten (10) working days of the lodging of the appeal. They must meet to consider the appeal and appoint a chairperson from their ranks.
- All five members must be present and after deliberating on the appeal, they must by means of a closed ballot vote to uphold, after or set aside the decision to institute disciplinary action and or the specific disciplinary measures. A simple majority vote will be sufficient.
20. The decision of the Appeal Committee is final. The member and the complainant shall be informed in writing of the decision of the Appeal Committee.
- A person who resigned from the Association may apply for re-instatement. The same procedure as for prospective new members is followed.
- A person who has been suspended may, after a lapse of a period of at least three (3) months, apply for re-instatement. Such a person shall comply with all the requirements for prospective members and the same procedure as for admission shall be followed.
- Re-instatement is subject to approval by the Executive Management Committee on recommendation by the region where the member is stationed.
A member whose membership is terminated or who is suspended has a right to appeal to the General Congress.
No member (whether full, honorary or affiliated) may directly or indirectly have any personal or private interest in the Association.
- Members eligible to vote:
All full members of the Association whose membership fees are paid up upon the date of the meeting, are entitled to vote.
In the event of a deadlock the President/Chairperson shall have a casting vote.
A proxy to vote on behalf of an eligible member shall be given in writing by such member to the mandatory. A proxy shall be handed to the Chairperson before the commencement of a meeting.
The official address of the Association shall be where the Secretary is based.
- The Association shall consist of members who are represented by an Executive Committee.
- The Annual General Congress is the supreme authority of the Association. The Association is controlled by the Congress and shall be managed at national level by an Executive Committee.
- The day-to-day management of the Association’s affairs shall be in the hands of an Executive Management Committee.
- The Executive Management Committee consists of the President, Secretary, Treasurer and or two elected members of the region where the President, Secretary and Treasurer are based.
- Office Bearers:
The executive Committee shall comprise of the following office bearers:
One member nominated by each region,
National Chairperson Projects,
Chairpersons of the various standing Committees.
Member representing ARMSA on the Magistrates Commission.
The procedure for election of the Executive Committee shall be as follows:-
- a) A President, Secretary and Treasurer are elected by a majority vote of members present at a General Congress or who vote by proxy.
- b) The Executive Committee may co-opt any member of the Association or any competent person to assist it with the execution of specified duties.
- Term of Office:
- a) The term of office of members of the Executive Committee shall be one (1) year.
- b) Members may be re-elected.
- c) The Executive Committee takes office upon conclusion of the Annual General Congress.
- a) Where the President is unable to attend a meeting or to perform any function, the members of the Executive Committee shall appoint a Chairperson by majority vote.
- Each regional division in the Republic of South Africa shall elect a Regional Committee.
- “Region” means each Regional Division in the Republic of South Africa. It includes those regional divisions which existed prior to unification of the independent states. In the case of the Gauteng Province there shall be two sub regions known as the North Gauteng Region and the South Gauteng Region respectively
- Regions are subject to the provisions of the Association, but are entitled to formulate domestic rules if such rules are not in conflict with the Constitution of the Association. Domestic rules of regions and amendments thereof shall be submitted to the Executive Committee for noting.
- Office Bearers:
Regional Committees consist of the following office bearers:
Regional Chairperson Projects
- a) The election of Regional Committees shall take place at an annual general meeting of the region by means of a majority vote.
- b) The election shall be held at least fourteen (14) days before the Annual General Congress of the Association.
- c) At the annual general meeting of the Region, the Regional Committee shall appoint one of the office bearers to serve on the Executive Committee of the Association.
- d) The Regional Committee shall inform the Executive Committee of the name of the appointed member at least ten (10) days before the Annual Congress.
- Term of Office:
- a) The term of office of a Regional Committee shall be one (1) year.
- b) Members may be re-elected.
- c) A new Regional Committee shall take office upon conclusion of the general meeting of the region.
- a) If vacancies arise in the Regional Committee it shall co-opt a maximum of two (2) office bearers on an ad hoc basis as is deemed fit.
- b) When a member nominated for service on the Executive Committee is not available to attend a meeting of the Executive Committee, or is unable to perform a function of the Association, the Regional Committee concerned shall appoint a substitute.
The Annual General Congress will elect by means of a majority vote the Chairperson of the various standing Committees which will serve on the Executive Committee.
2) Each region will have the right to nominate one member, to serve on the various standing Committees.
3) The Annual General Congress will decide by a majority vote which standing Committees will operate in the following year and which Committees must be dissolved.
4) The Committees will have the right to co-opt members as they deem fit.
- MANAGEMENT MEETINGS
- Executive Committee meetings:
- a) The Executive Committee shall meet as frequently as the President deems necessary, or upon request of four (4) or more Committee members.
- b) Meetings may be held at any region of the Association.
- c) The date and place of the meeting shall be determined by the President and the Secretary shall notify the members of the Executive Committee thereof.
- d) A quorum shall consist of the President and three (3) other members of the Executive Committee.
- e) The Secretary and Treasurer or authorised substitute(s) shall attend all meetings of the Executive Committee.
- f) Subject to this Constitution the executive committee shall, whenever it becomes necessary, decide any matter or adopt any resolution (either in whole or in part and with or without amendments) by a majority vote.
- g) In the event of a deadlock the President shall have a casting vote.
- Executive Management Committee Meetings:
- a) Executive Management Committee meetings shall be held whenever necessary. The President shall determine the time and place of the meeting.
- b) A quorum shall consist of three (3) members.
- c) The provisions of paragraph 1(f) and (g) above shall, with the necessary changes, apply to Executive management Committee meetings.
- Regional Committee Meetings:
- a) Meetings of Regional Management Committee shall be held in accordance with the Constitution of the Association and the domestic rules of the region. Regional management meetings shall be held whenever necessary. The Chairperson shall determine the time and place of the meeting. The members shall be notified thereof by the Secretary.
- b) A quorum shall consist of the Chairperson and two (2) Committee members.
- c) The provisions of paragraphs 1(f) and (g) above shall, with the necessary changes, apply to Regional Committee meetings.
REGIONAL GENERAL MEETINGS:
1) Regional general meetings shall be held in accordance with the Constitution and the domestic rules of the region.
2) Regional general meetings may be held whenever necessary, but at least once every year.
3) A quorum shall be one-third of the members of a region.
4) A member represented by proxy shall be deemed to be present.
5) The Chairman shall determine the time and place of the meeting and the Secretary shall inform the members timeously of the same.
6) Subject to this Constitution the meeting will, whenever it becomes necessary, decide any matter or adopt any resolution (either in whole or in part and with or without amendments) by a majority vote.
7) In the event of a deadlock the Chairperson shall have a casting vote.
CONGRESS OF THE ASSOCIATION:
1) The Association shall hold one annual general meeting at a time and place to be determined by the President in consultation with members of the Executive Committee [hereafter referred to as the Congress].
2) The Congress shall be held before 30 November of the year following the year in which the previous congress was held, unless the Executive Committee for good reason otherwise decides.
3) All matters approved at a Congress shall be binding on the Executive Committee and Regional Committees.
4) The quorum of a Congress shall be at least one-third of the members of the Association.
5) A member represented by proxy shall be deemed to be present.
5A) The provisions of sub-clause B. (6) and (7) above shall, with the necessary changes, apply to the annual general meeting (Congress) of the Association.
6) Any member may attend the Congress. Any other person may attend the same by invitation only or with the consent of the Executive Committee.
7) The Secretary shall give at least two (2) months’ written notice to all regions of the date and place of the Congress.
8) At least one (1) month before the Congress the Secretary shall be informed of a proposal or point of discussion which a member may wish to place on the agenda. The President may, however, table a proposal which does not comply with this requirement if he is of the opinion that it is not in conflict with the aims of the Association and will not impede open discussion.
9) The Secretary shall provide an agenda to each region at least two weeks before the Congress.
1) A special Congress shall be called by the President of the Association provided at least 50 members so request in writing.
2) All provisions applicable to a Congress shall mutatis mutandis apply to a special Congress.
Notwithstanding the powers and obligations allocated specifically to the Executive Committee elsewhere in the Constitution, the Executive Committee shall in addition have such powers as are necessary to achieve the aims of the Association on national and international level and to appoint a person to assist or to represent it in any transactions or discussions undertaken by the Association.
- Every member who-
- is elected to any office in the Association;
- is co-opted onto any committee of the Association including any committee that may from time to time be established for a specific purpose;
- (not being the holder of any office in the Association) is mandated by the Executive Committee, the Executive Management Committee, any Regional or Standing Committee or any ad hoc committee to perform a specific function or carry out a specific duty (hereinafter referred to as the ‘mandated member’),
shall for so long as he or she holds that office, is a member of the committee concerned or is so mandated, stand in a fiduciary relationship to the Association.
- Every office bearer or mandated member shall upon assuming office or accepting the mandate, exercise the powers and carry out powers of his or her office or carry out the mandate conferred upon him or her, as the case may be, in such a way that the Association is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, any impermissible tax avoidance arrangement contemplated in Part IIA of Chapter III (ss. 80A to 80L), or any transaction, operation or scheme for purposes of avoiding or postponing liability for or reducing amounts of taxes on income as contemplated in section 103 (5) of the ITA;
- For the purposes of section 30B(2)(b)(i) of the ITA and the members for the time being holding the office of President, Secretary and Treasurer shall accept fiduciary responsibility for the Association (hereinafter referred to as the ‘fiduciary’):
Provided that where any of the above office bearers are connected persons within the meaning assigned to that term in section 1 of the ITA the Congress shall appoint any other member of the Executive Committee to accept fiduciary responsibility for the Association.
- Whenever any fiduciary –
- ceases to hold office;
- ceases to be a member of ARMSA; or,
- is for any other reason unable to continue as fiduciary of the Association,
the Executive Management Committee shall appoint a replacement for that fiduciary from amongst its members for the period remaining until the next Annual Congress takes place.
- For the purposes of this Constitution –
‘connected person’ in relation to a natural person means any relative; and
‘relative’ in relation to any person, means the spouse of such person or anybody related to him or his spouse within the third degree of consanguinity, or any spouse of anybody so related.
The Association shall publish whatever publications the Congress may decide upon.
The official year of the Association shall be from 1 October to 30 September.
Minutes shall be kept of all meetings.
- Minutes of Executive Committee meetings shall be supplied to Regional Committees within four (4) weeks.
- Minutes of any Congress of the Association shall be supplied to each Regional Committee within four (4) weeks.
- Minutes of the regional meetings shall be supplied to the Executive Committee for its information within four (4) weeks. The Secretary shall distribute these minutes to all regions.
- Minutes of a regional meeting shall be provided to all members of that region.
- A proposed amendment of the Constitution of the Association shall be introduced by means of a written proposal accompanied by relevant motivation (s). Such proposal by any region shall reach the Secretary of the Executive Committee at least forty (40) days before the date of the next Congress. Proposed amendments shall be supplied to all regions of the Association at least twenty-five (25) days before the Congress.
- The Constitution of the Association may be amended during a Congress by a two-thirds majority of the members present and those who vote by proxy.
- FINANCIAL ADMINISTRATION
The Executive Management Committee shall be responsible for the orderly and effective administration of the finances of the Association. Regions shall operate independently of each other but according to financial regulations as set out below and as augmented by decisions of the Executive Committee and Regional Management Committees.
- Financial Year:
The financial year of the Association shall be from 1 October to 30 September.
The Executive Management Committee shall be responsible for the administration of membership and introductory fees. Membership and introductory fees are payable directly to the Executive Management Committee.
- a) The Treasurer of the Executive Committee shall open a current banking account nominated by the Executive Committee into which all income shall be deposited (the Central Fund).
- b) The Treasurer of each region shall open a current account at the same financial institution at which funds of the Central Fund are deposited in order to facilitate the free transfer of funds. Should the financial institution require a deposit in order to open the account, such funds will be provided from the Central Fund. The funds of the regions (hereinafter the regional funds) shall be managed by the various Regional Committees.
- c) All withdrawal documents are to be signed by the any two (2) of the following three (3) office bearers, namely President / Secretary / Treasurer.
- Current expenditure:
- a) The Treasurers of the Executive Committee and Regional Committees are responsible for the proper accounting of all funds received and expended by the Executive Committee and Regional Committees respectively.
- b) Each Regional Committee must no later than thirty (30) days before the end of the financial year, submit a provisional budget to the Executive Management Committee setting out the income and expenditure for the forthcoming book year.
- c) The Executive Management Committee shall allocate funds annually to each region based proportionately on the number of members per region whose membership fees have been paid in full
- d) Regions are encouraged to supplement their funds and are entitled to collect money for specific programmes with the approval of the Executive Management Committee. Funds collected by the regions for such specific programmes are to be administered according to local rules applicable in the region(s) concerned.
- e) The Executive Management Committee and Regional Management Committee are empowered, within their financial resources, to expend any fees for the proper management of the affairs of the Association.
- The books and the balance sheet of the Executive Management Committee must be examined each year by a chartered accountant. The balance sheet must be submitted to the Annual Congress of the Association.
- The books and balance sheets of regional management committees must be examined each year by a person nominated by the Regional Committees and the balance sheets are to be submitted to the Executive Management Committee and also to the annual meeting of each region. The balance sheet must be compiled, and submitted within thirty (30) days before the annual meeting of each particular region.
- Donations to the Association must be handed over to the Executive Management Committee which body shall administer such donations.
2. Donations made to a region or to a member of the Association for a specific purpose, shall be administered by the Region concerned unless, in the case of a donation to an individual, the specific purpose relates to a matter of national importance.
The Secretary shall:
- be responsible for the writing up of minutes of all management meetings and Congresses;
- keep a proper register of members and a list of persons in attendance at meetings;
- keep a proper register of all honorary members and recipients of honorary colours
- compile agendas in consultation with the President;
- distribute notices and agendas of all meetings in the prescribed manner;
- handle all correspondence of the Association upon instruction of the President and/or Executive Management Committee and shall keep all relevant and necessary documentation on file; and
- in consultation with the President shall be responsible for compiling the annual business report of the Association to be tabled at the Congress.
- whenever, for whatever reason –
- the name of the Association;
- the address of the Association;
- the details of any of the office bearers of the Association change, including regional officer bearers and the chairpersons and members of standing committees;
- the details of any of the office bearers or members accepting fiduciary responsibility for the Association in terms 30B(2)(b) of the ITA;
- the details of the office bearer, member or other person responsible for the completion and filing of the annual income tax return of the Association,
changes, notify the Tax Exempt Unit of the SARS of such change within twenty one (21) days thereof.
- whenever an amendment of the constitution of the Association is approved by Congress, submit a signed copy of the amended Constitution to the Tax Exempt Unit of SARS within thirty (30) days of its amendment.
- The Treasurer shall perform all relevant duties relating to the finances of the Association and, in particular, he shall be responsible for the upkeep of the complete bookkeeping system.
- The Treasurer shall:
- receive all moneys and issue receipts in respect thereof;
- regularly deposit all moneys received;
- pay all accounts of the Association after approval by the Executive Management Committee;
- keep a complete bookkeeping system of all income and expenditure;
- give a specified report of income and expenditure at every Executive Management Committee meeting or otherwise, at any time, upon a request by the Executive Management Committee of the Association;
- annually, after the close of the financial year, compile a statement of income and expenditure and submit it to an auditor together with the books of account; and
- table the audited balance sheet for approval at the Congress.
- The Treasurer shall be responsible, together wither the other office bearers who have accepted the fiduciary responsibility for the tax affairs of the Association to:
- a) Ensure that all income received by the Association is received in compliance of section 30B(2)(b) (Income Tax) or Part V of Chapter III of the ITA (Donations Tax), as the case may be;
- b) Ensure that all payments made on behalf of the Association are made in compliance with the provisions of section 30B(2)(b) or with Part V of Chapter II (ss. 54 to 64) (Donations Tax) of the ITA, as the case may be;
- c) Generally manage the financial affairs of the Association in such a way that the Association is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, any impermissible tax avoidance arrangement contemplated in Part IIA of Chapter III (ss. 80A to 80L), or any transaction, operation or scheme for purposes of avoiding or postponing liability for or reducing amounts of taxes on income as contemplated in section 103 (5) of the ITA;
- d) File the annual tax return of the Association, together with an application for continued tax exempt status (where required), with the Tax Exempt Unit of the South African Revenue Services (SARS) by the date determined by the Commissioner of SARS;
- e) Ensure that the Association complies with such reporting requirements as may be determined by the Commissioner from time to time, including
- that all books of account, records or other documents, including financial statements, of the Association are retained and preserved for a period of at least four years after the last date of an entry in any book or, if kept in electronic or any other form, for a period of four years after completion of the transaction, act or operation to which they relate; and
- that all documents that may be required to substantiate any aspect of the income tax return for a particular tax year, including any statement of comprehensive income, any balance sheet and any other documents necessary to support the information contained in the income tax return, are retained and preserved for at least four years from the date of the filing of the income tax return.
- Whenever the member holding the office of treasurer changes the outgoing treasurer must ensure that all the records mentioned in paragraph 1 above are handed over to the incoming treasurer as soon as practicable for further retention and preservation.
- The fiduciary responsibility of the outgoing treasurer shall cease once he or she has handed over all the necessary records to the new treasurer: provided that the outgoing treasurer shall retain his or her responsibility to:
- a) meet with any representative of the Commissioner when requested to do so; and
- b) answer any questions put by any representative of the Commissioner, relating to the period when he or she held office as treasurer or relating to any income tax return that he or she was responsible for filing.
Where a previous treasurer is required by the Commissioner to produce any documents relating to the period when he or she was treasurer to any representative of the Commissioner the incumbent treasurer must facilitate the production of any documents that may be in his or her possession.
- Substantially the whole of the funding of the Association shall be derived from –
- a) the members of the Association; or
- b) from an appropriation by the government of the Republic in the national, provincial or local sphere.
- A member of the Association shall automatically become a member of the region in which he/she is stationed. A member who is transferred automatically becomes a member of the region to which he/she is transferred.
- Full members are liable to pay membership subscription fees.
- Honorary members are exempt from paying membership fees.
- Membership subscription fees shall be determined at each annual Congress.
- A percentage of each member’s fees, decided upon by the Executive Management Committee of the Association, shall be paid out to the regions based proportionately on the membership strength(s) of the regions.
- Membership fees may be paid yearly in advance or monthly by means of a stop order.
- Members shall be required to pay an entrance fee determined by Congress which fee must accompany his/her application for membership and thereafter the membership fees shall be determined by the annual Congress.
- All donations are to be acknowledged in writing and must be mentioned in the annual report by the Chairperson.
- Donations shall be administered in accordance with the provisions of the Constitution of the Association.
- In order for the Association not to be levied with Donations Tax as contemplated in section 54 of the ITA, the Association may only receive any donation from or make any donation to, the following entities:
- The National, Provincial or Local Government;
- Any statutory institution, board or body as defined in section 10(1)(cA) of the ITA, and which meets the requirements stipulated in that section;
- A registered political party as contemplated in section 10(1)(cE) of the ITA;
- Any public benefit organisation as defined in section 10(1)(cN) of the ITA, and which has been approved as such by the Commissioner of SARS in terms of section 30 of the ITA;
- Any recreational club as defined in section 10(1)(cO) of the ITA, and which has been approved as such by the Commissioner of SARS in terms of section 30A of the ITA;
- Any entity contemplated in section 10(1)(d) of the ITA, including any company, society or other association of persons established to promote the common interests of persons (being members of such company, society or association of persons) carrying on any particular kind of business, profession or occupation, and which has been approved as such by the Commissioner of SARS in terms of section 30B of the ITA;
- Any small business funding entity as defined in section 10(1)(cQ) of the ITA and which has been approved as such by the Commissioner of SARS in terms of section 30C of the ITA; and
- Any body corporate, share block company or any other association of persons formed solely for purposes of managing the collective interests common to all its members as contemplated in section 10(1)(d) of the ITA and which meets the requirements stipulated in that section.
- For the purposes of this Constitution the terms ‘donation’, ‘donee’ and ‘property’ bear the meaning assigned to them in section 55 of the ITA.
- The report of the President of the Association in respect of the Association’s business during the preceding year must be tabled at the Congress of the Association.
2. The report of the Chairperson of a Region, in respect of the region’s business during the preceding year, must be tabled at the annual general meeting of the region concerned.
- Notices by the management of the Association may be sent by hand, or by post, or by facsimile, unless otherwise determined by the President.
- Notices must be sent to the secretaries of the regions who must distribute the same in their respective regions.
- The Executive Management Committee shall be the official voice of the Association in respect of matters of national importance. All submissions, complaints and statements must be referred to the Executive Management Committee for attention and reply.
- Only the President, or his nominee, may make press releases.
- The provisions of this Constitution shall be binding on all members.
- The Association may be dissolved should a two-thirds majority of members vote in favour thereof at a Congress.
- The regions are to be notified in writing thirty (30) days before a Congress of a possible dissolution of the Association.
- Should the Executive Committee be of the opinion that it is unnecessary to refer such a matter to the Congress, the Executive Committee may direct that members vote by post or by means of a written proxy given to a member of the Executive Committee of his region.
- (a) In the event of the Association being dissolved as a result of a decision by a Congress, the majority at the meeting shall decide how the remaining assets are to be disposed of after the payment of the debts of the Association: Provided that the remaining assets may only be transferred to:
- i) another entity approved by the Commissioner of the South African Revenue Services in terms of section 30B of the ITA;
- ii) A public benefit organisation approved by the Commissioner of SARS in terms of section 30 of the ITA ;
iii) an institution, board or body which is exempt from tax under section 10(1)(cA)(i) of the ITA; or
- iv) the government of the Republic in the national, provincial or local sphere;
(b) Subject to the proviso in paragraph (a) above should the association dissolve in any other manner, such a decision must be taken by the Executive Management Committee.
- In the event of a region dissolving, all nett monetary assets of that region are to be handed to the Treasurer who will deposit such moneys into the Central Fund, or dispose thereof as decided by the Executive Management Committee.
- For the purposes of this clause:
“Commissioner” means the Commissioner of the South African Revenue Services or his duly authorised representative.
DATED at BENONI on this 16th day of MAY 2015