1.1 The name of the Association is the Family Mediators’ Association of the Cape (hereinafter referred to as “the Association”).
1.2 The abbreviated name of the Association is FAMAC.
The objectives of the Association are:
2.1 To promote constructive resolution of family disputes through mediation, facilitation and/or parenting coordination;
2.2 To develop and maintain standards of training and practice and in this regard, without derogating from the generality of the foregoing, to develop and offer training and accreditation to persons who are in the sole discretion of the Association suitably and adequately qualified to participate in and benefit from such training and to become so accredited;
2.3 To establish and foster working relationships with other organizations involved in family dispute resolution; and
2.4 To encourage and promote research and publications in the field of family dispute resolution.
The members of the Association are:
3.1 Mediating members who have complied with the criteria determined by the Association from time to time and who pay the annual subscriptions;
3.2 Associate members who are not active mediators, but who wish to be kept informed of the Association’s activities and who pay the annual subscriptions;
3.3.Specially accredited mediators whose mediations are limited to those in terms of the Children’s Act, Act 38 of 2005 (hereinafter “the Children’s Act”), as amended.
3.4 All members of the Association shall be required to abide by the Code of Practice and Conduct of the Association.
3.5 The right to vote at Annual General or Special Meetings shall be held only by those who are members as defined in 3.1.1 above.
3.6 Organizations with legal standing and who are involved in family dispute resolution, may apply for Associate membership.
4. EXECUTIVE COMMITTEE
4.1 The Association shall have an Executive Committee elected by way of a simple majority at the Annual General Meeting of the Association. The Executive Committee shall consist of no less than four persons who are not connected to and who are unrelated to each other and who are willing to accept the fiduciary responsibility for the Association. No single person may directly or indirectly control the decision-making powers relating to the Association.
4.2 The Executive Committee shall comprise of the following:
4.2.1 Office bearers:
126.96.36.199.Two Co-Chairpersons. Each Co-Chairperson shall be from a different professional background, one being a mental health professional and one being a legal practitioner unless circumstances otherwise dictate;
188.8.131.52 A Treasurer;
184.108.40.206 A Secretary; and
4.2.2 A minimum of four and a maximum of eight additional members.
4.3 Nominations for election to each position shall be in writing, signed by the nominee, the nominator and a seconder, all of whom must be accredited members in good standing. Nominations shall be submitted to the Secretary before the Annual or Special General Meeting.
4.4.Members of the Executive Committee shall be elected to serve for a 24-month term.
4.5 At least one Co-Chairperson, one other office bearer and half of the Executive Committee, if possible, shall be elected at every Annual General Meeting, with the effect that, as far as possible, a Co-Chairperson and one other office bearer and half of the Executive Committee, elected at an Annual General Meeting shall serve the first twelve months of their twenty four-month term with a Co-Chairperson and office bearer and half of the Executive Committee elected the previous year and who would have already served at least twelve months of their twenty four-month term.
4.6 members of the Executive Committee shall be eligible for re-election, but subject to the aforesaid principle of rotation.
4.7 If a Co-Chairperson or other office bearer resigns from his/her position during the first eighteen months of his/her elected term, a replacement will be elected either at an Annual or Special General Meeting. If a Co-Chairperson or other office bearer resigns from his/her position during the last six months of his/her elected term, the remaining members of the Executive Committee may appoint an acting Co-Chairperson or such other office bearer to serve until the next Annual General Meeting.
4.8 The Executive Committee shall have the power to co-opt additional members to serve on the Executive Committee until the next Annual General Meeting.
4.9 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.
4.10 Four members of the Executive Committee shall constitute a quorum for any meeting of the Executive Committee.
4.11 The Executive Committee shall submit a written report of all its activities for the past twelve months at the Annual General Meeting, including a statutory financial report. The approved report and statements are to be sent to the SARS Tax Exemption Unit within 30 days of such an Annual General Meeting.
4.12 The Executive Committee shall accept fiduciary responsibility for the Association.
4.13 The Executive Committee will ensure that no activity of the Association will directly or indirectly promote the economic self-interest of any member or employee of the organization other than by way of reasonable remuneration.
5.1 There shall be an Accreditation Committee responsible for considering and approving applications for mediation and facilitation/parenting coordination accreditation in accordance with the accreditation criteria determined by the Annual General Meeting.
5.2 The Accreditation Committee shall consist of a minimum of 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 five years of’ facilitation/parenting coordination experience. Save where it is impracticable to do so, half of the members of the Accreditation Committee shall be legal practitioners and a half shall be mental health professionals.
6. ETHICS & COMPLIANCE COMMITTEE
6.1 There shall be an Ethics & Compliance Committee responsible for considering complaints submitted to the Association and dealing with it in a manner that will advance the objectives of the Association and the interest of the public.
6.2 The Ethics & Compliance Committee shall consist of a minimum of four members appointed by the Executive Committee, at least one of whom must be a member of the Executive Committee. The members of the Ethics & Compliance Committee must have at least five years’ facilitation/parenting coordination experience.
6.3 The Ethics & Compliance Committee shall have all powers necessary to investigate and deal with complaints.
7.1 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, if possible, the agenda, the Executive Committee’s report and the treasurer’s report, together with the proposed budget, resolutions, as well as proposed amendments to the Constitution and/or proposed amendments to the rules for accreditation as mediators, facilitators/parenting coordinators.
7.2 Should circumstances require a Special General Meeting, fourteen days written notice shall be given to members of such Special General Meeting, together with any proposed resolutions.
7.3 Twenty per cent (20%) of the paid-up members shall constitute a quorum at any Annual, Special or General Meeting of the Association.
7.4 Should there not be a quorum present at the appointed time of the meeting, the meeting shall stand down for 20 minutes. If a quorum is still not present after 20 minutes, the meeting shall adjourn for a week. During such week, the Executive Committee shall endeavour to contact all members to inform them of the adjournment. Should there still not be a quorum present at such adjourned meeting, the adjourned meeting not have a quorum, the members present shall automatically constitute a quorum.
7.5 Minutes shall be kept of all meetings.
7.6 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.
8.1 The financial year of the Association shall be from 1 March in a year to 28 February the next year.
8.2 The Association may not directly or indirectly distribute any of its funds or assets to any person other than for the purpose of furthering the objectives of the Association, unless expressly otherwise provided from time to time. The Association’s funds and assets shall thus not be distributed to its members or office bearers, except as reasonable compensation for services rendered.
8.3 The Association shall utilize substantially the whole of its funding for the objectives for which it has been established.
8.4 Substantially the whole of the activities of the Association shall be directed at the furtherance of the Association’s objectives and not for the exclusive benefit of an individual member or minority group.
8.5 The Association shall not have a share or other interest in any business, profession or occupation which is carried on by its members.
8.6 No activity of the Association shall directly or indirectly promote the economic self-interest of any fiduciary or employee of the Association otherwise than by way of reasonable remuneration for services rendered.
8.7 No remuneration, as defined in the Fourth Schedule to the Income Tax Act, Act 58 of 1962 (“hereinafter the Income Tax Act”) will be paid to any employee or office bearer, member or another person which is excessive, having regard to what is generally considered reasonable within the sector and in relation to the services rendered and has not and will not benefit any person in a manner which is not consistent with the Association’s objectives.
8.8 Substantially the whole of the Association’s funding must be from its annual or other long-term members or from an appropriation by government, a provincial administration or a municipality.
8.9 Members or office bearers have no rights to the property or other assets of the Association solely as a result of them being members or office bearers, or at all, or any personal or private interest in the Association as such.
8.10 The Association’s financial transactions are to be conducted by means of a bank account held at a commercial bank in South Africa.
8.11 The Association may invest, use its funds, acquire and control assets for any purpose in the furtherance of the objectives of the Association. Such acquisition of interest, assets or shares excludes businesses or professions carried on by any of its members.
8.12 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
9.1 Any amendments to this Constitution shall be by simple majority vote at an Annual or Special General Meeting after due notice has been given by means of the agenda distributed to all members at least fourteen days before the Annual or Special General Meeting. The agenda will include the proposed amendments.
9.2 The Executive Committee will submit an amendment to the Constitution to the Commissioner of Inland Revenue (hereinafter “the Commissioner”) within 30 days of its amendment.
10 PERPETUAL SUCCESSION AND LIABILITY
10.1 The Association shall be a legal person having an identity and existence distinct from its members and/or office bearers.
10.2 As provided for hereinabove, the Association shall have perpetual succession and shall be entitled to sue and be sued in its own name.
10.3 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.
10.4 Members and/or office bearers shall not be liable for the obligations and liabilities of the Association solely by their status as members and/or office bearers of the Association.
10.5 The entity 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, an impermissible avoidance arrangement contemplated in Part IIA of Chapter III, or a transaction, operation or scheme, contemplated in Section 103(5) of the Income Tax Act.
10.6 The Association will comply with such reporting requirements as may be determined by the Commissioner of Inland Revenue from time to time.
11. DISSOLUTION/WINDING UP
11.1 The Association may be dissolved by a simple majority vote of paid-up members.
11.2 Upon the dissolution, winding up, liquidation or within six months from the withdrawal of the exemption to pay tax (or such longer period as the Commissioner may allow), transfer its assets remaining after the satisfaction of its liabilities to: -
11.2.1 another entity with similar objectives and which is approved in terms of Section 10(1)(d)(iii) or (iv) of the Income Tax Act; or
11.2.2 a public benefit organization approved in terms of Section 30 of the Income Tax Act; or
11.2.3 any institution or body approved in terms of Section 10(1)(c)(i) of the Income Tax Act; or
11.2.4 any department of state or administration in the national or provincial or local sphere of government of the Republic of South Africa, contemplated in Section 10(1)(a) or (b) of the Income Tax Act, which is required to use those assets solely for the purposes of carrying on one or more public benefit activities.
Adopted 19 March 2014, amended 29 March 2017, further amended on 24 October 2019.