ASSOCIATION OF REGIONAL MAGISTRATES

OF SOUTHERN AFRICA (ARMSA)

 

CONSTITUTION

 

PDF VERSION

 

 

 

 

 

CLAUSE I: NAME

 

The name of the Association is "The Association of Regional Magistrates of Southern Africa" hereinafter, "the Association".

 

 

 

CLAUSE II: OBJECTIVES

 

The objectives of the Association are to:

 

1.       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.

 

2.       Extricate Regional Magistrates from all ties with the civil service to achieve independence in the true sense of the word.

 

3.       Investigate the feasibility of withdrawing from the State pension fund to invest with a private fund and, if feasible, to negotiate such withdrawal.

 

4.       Strive with the Government to alter the Court structure, reduce litigation costs and include a broader spectrum of the community in the judiciary.

 

5.       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.

 

6.       Promote judicial standards to their highest possible level and to create a human rights culture.

 

7.       Build an independent Regional Bench in a responsible fashion to accord with a true democracy.

 

8.       Promote the interest of its members including remuneration, service benefits, working conditions and promotions.

 

9.       Liaise and co-operate with any organisation or body which reconciles itself with these objectives.

 

10.     Issue publications should the Executive Committee so decide and to issue newsletters should the Executive Committee or a Regional Committee so decide.

 

11.     Hold conferences to discuss legal development and, generally, matters concerning the functioning of Regional Courts.

 

12.     Comment on proposed new legislation/existing legislation and/or to propose necessary amendments to existing legislation.

 

13.     Take all steps necessary and appropriate to promote the aforementioned objectives and which would benefit the Association and its members.

 

 

CLAUSE III: JURISTIC PERSONALITY

 

1.       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.

 

2.       All assets of the Association shall be held or registered in the name of the Association.

 

3.       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.

 

4.       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.

 

5.       The President or Secretary or a nominee is empowered to represent the Association in all judicial proceedings.

 

 

CLAUSE IV: MEMBERSHIP

 A.        Membership of the Association consists of the following three (3) categories:

 

1.       Full members.

2.       Honorary members.

3.       Affiliated members.

 

[1]     Full members:

 

(a)     Qualifications:

(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.

 

(b)     Privileges:

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.

 

[2]     Honorary Members:

 

(a)     Qualifications:

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.

 

(b)     Privileges:

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.

 

          [3]     Affiliated Members:

 

                   (a)     Qualifications:

Any judicial officer from any SADEC country who has equivalent jurisdiction to the Regional Courts may apply to affiliate as a member.

 

                   (b)     Privileges:

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.

 

B.       APPLICATION FOR MEMBERSHIP

 

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.

 

C.      TERMINATION OF MEMBERSHIP

 

Members shall notify the Executive Management Committee in writing of their resignation from the Association.

 

D.      FORFEITURE OF MEMBERSHIP

 

A member forfeits his/her membership:

 

1.       when the member no longer holds the office of Regional Magistrate; or

 

2.       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

 

3.       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.

 

E.       DISCIPLINARY MEASURES