Family Mediators' Association of the Cape

1. Name:
   
   1. The name of the Association is the Family Mediator’s Association of the Cape.
   2. The abbreviated name of the Association is FAMAC.



2. Objectives:
   The objectives of the Association are: The objectives of the Association are:
   1. To promote constructive resolution of family disputes through mediation;
   2. To develop and maintain standards of training and practice;
   3. To foster working relationships with other organizations involved in family dispute resolution; and
   4. To encourage research and publications in this field.



3. Membership:
   1. The members of the Association are:
      1. Mediating members who have fulfilled the criteria laid down by the Annual General Meeting from time to time and who have paid the annual subscriptions.
      2. Associate members who are not active mediators but who wish to be kept informed of the Association’s activities;
      3. Specially Accredited Mediators whose mediations are limited to those in terms of the Children’s Act 38 of 2005.
   2. All mediating members of the Association shall be required to abide by the Code of Practice of the Association;
   3. Voting right at general meetings shall be held only by those who are members in terms of paragraph 3.1 of this Constitution;
   4. Organizations with legal personality may apply for Associate membership.



4. Executive Committee:
   1. The Association shall have an Executive Committee elected by simple majority at the Annual General Meeting of the Association. The Executive Committee shall consist of no less than four members. The Executive Committee shall have the following portfolios:
      • Chairperson
      • Co-Chairperson
      • Treasurer
      • Secretary and
      • Additional members, if required
   2. Nomination and election of members to these positions shall be by simple majority vote at the Annual General Meeting.
   3. The Executive Committee shall have the power and duty to take all steps reasonably necessary for the furtherance of the objectives of the Association and to deal with the day-to-day management of the Association.
   4. Three members shall constitute a quorum for any meeting of the Association.
   5. The Executive Committee shall submit a written report of all its activities for the past twelve months at the Annual General Meeting, including a financial report.



5. Accreditation Committee:
   1. There shall be an Accreditation Committee responsible for considering and approving applications for mediation membership according to the accreditation criteria determined by the Annual General Meeting.
   2. The Accreditation Committee shall consist of not fewer than four members appointed by the Executive Committee, at least one of whom must be a member of the Executive Committee. The members of the Accreditation Committee must have at least two years’ mediation experience. Save where it is impracticable to do so, half of the members of the Accreditation Committee shall be lawyers and half shall be mental health practitioners.



6. Disciplinary Committee:
   1. There shall be a Disciplinary Committee responsible for considering complaints submitted to the Association and dealing with them in a manner that will advance the objectives of the Association.
   2. The Disciplinary Committee shall consist of not fewer than three members appointed by the Executive Committee, at least one of whom must be a member of the Executive Committee. The members of the Disciplinary Committee must have at least two years’ mediation experience.
   3. The Disciplinary Committee shall have all powers necessary to maintain and further the objectives of the Association.



7. Meetings:
   1. The Annual General Meeting of the Association shall be held no later than the end of May in each year. Members shall be given fourteen days’ written notice of the Annual General Meeting. The notice shall include the agenda, the Executive Committee’s report, the treasurer’s report, the proposed: budget, resolutions, amendments to this Constitution and/or amendments to the rules for accreditation as mediator members.
   2. Should circumstances require a Special General Meeting, fourteen days’ written notice shall be given to members of the Special General Meeting together with any proposed resolutions.
   3. Twenty percent (20%) of the paid up members shall constitute a quorum at any General Meeting of the Association.
   4. Should there not be a quorum at the appointed time for the meeting, then the meeting shall stand down for 20 minutes. If the quorum is still not present, then the meeting shall adjourn for a week. During that week the Executive Committee shall endeavour to contact all members to inform them of the adjournment. Should the adjourned meeting not have a quorum, then the members present shall automatically constitute a quorum.
   5. Minutes shall be kept of all meetings.
   6. The Executive Committee shall determine the date of ordinary general meetings, of which there shall be at least six per year, in addition to the Annual General Meeting.



8. Finances:
   1. The financial year of the Association shall run from 1 March to 28 February of each year.
   2. The Association’s income and property are not distributed to its members or office bearers except as reasonable compensation for services rendered.
   3. Members or office bearers have no rights in the property or other assets of the organization solely by virtue of their being members or office bearers.
   4. The Association’s financial transactions are to be conducted by means of a banking account.
   5. The Association may invest, use its funds, acquire and control assets for any purpose in furtherance of the objects of the Association.
   6. An annual subscription fee in respect of Mediating members and Associate members shall be payable in amounts to be determined from time to time by the Executive Committee. No subscription fee shall be payable by Specially Accredited Mediators.



9. Amendments to this Constitution:
   Any amendments to this Constitution shall be by simple majority vote at a General Meeting after due notice has been given by means of the agenda distributed to all members at least fourteen days before the Meeting. The agenda will include the proposed amendments.



10. Perpetual Succession and Liability:
    1. The Association shall continue to exist notwithstanding changes in the composition of its membership or office bearers.
    2. As provided herein above, the Association shall have perpetual succession and shall be entitled to sue and be sued in its own name.
    3. Office bearers shall not be liable for any loss suffered by any person as a result of acts or omissions which occur in good faith while the office bearer is performing functions for or on behalf of the Association.
    4. Members and / or office bearers shall not be liable for the obligations and liabilities of the Association solely by virtue of their status as members and / or office bearers of the Association.



11. Dissolution:
    1. The Association may be dissolved by a simple majority vote of paid - up members.
    2. In the event of the dissolution of the Association, the Executive Committee shall dispose of the surplus assets of the Association remaining after all the debts and obligations of the Association have been met, to another non-profit organization having similar objectives to the Association.

Adopted 19 November 2011