1. Name:

 

  1.      The name of the Association is the Family Mediators’ Association of the Cape. 

 

  1.      The abbreviated name of the Association is FAMAC.

  1.      Objectives:

 

     The objectives of the Association are:

 

2.1       To promote constructive resolution of family disputes through mediation and facilitation;

2.2       To develop and maintain standards of training and practice; and in this regard and without derogating from

            the generality of the aforegoing, to develop and offer training and accreditation to members of the public and

            in due course of the Association who are in the sole discretion of the Association suitably and sufficiently

            qualified to participate in and benefit from such training and to become so accredited;

2.3       To foster working relationships with other organizations involved in family

             dispute resolution; and

 

2.4       To encourage research and publications in this field.

 

  1.      Membership:

    

3.1       The members of the Association are:

 

3.1.1    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.

 

3.1.2    Associate members who are not active mediators but who wish to be  

            kept informed of the Association’s activities;

 

3.1.3    Specially Accredited Mediators whose mediations are limited to

             those in terms of the Children’s Act 38 of 2005.

 

3.2       All mediating members of the Association shall be required to abide

             by the Code of Practice of the Association;

 

3.3       Voting right at general meetings shall be held only by those who are

             members in terms of paragraph 3.1.1 of this Constitution;

 

3.4       Organizations with legal personality may apply for Associate

             membership.

 

 

  1.      Executive Committee:

 

4.1       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 three but generally four persons

            unconnected and unrelated to each other to accept the fiduciary responsibility for the Association.  

            No single person may directly or indirectly control the decision-making powers relating to the entity. 

            The Executive Committee shall have the following portfolios:

  • Chairperson

  • Co-Chairperson

  • Treasurer

  • Secretary and

  • Additional members, if required

 

4.2       Nomination and election of members to these positions shall be by simple

            majority vote at the Annual General Meeting.

 

4.3       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.

 

4.4       Three members shall constitute a quorum for any meeting of the

            Executive.

 

4.5       The Executive Committee shall submit a written report of all its activities

           for the past twelve months at the Annual General Meeting, including

           statutory financial reports. The approved report and statement is to be sent to  

           SARS Tax Exemption Unit for placement on record within 30 days thereof.

 

 

4.6       The Executive Committee shall accept fiduciary responsibility for the

             Association.

 

4.7       The Executive Committee will ensure that no activity will directly or indirectly  promote the economic

            self-interest of any fiduciary or employee of the organization otherwise than by way of reasonable

            remuneration.

 

 

 

  1. Accreditation Committee:

 

5.1       There shall be an Accreditation Committee responsible for considering

            and approving applications for mediation membership per the

            accreditation criteria determined by the Annual General Meeting.

 

5.2       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.

 

 

  1. Ethics & Compliance Committee:

 

6.1       There shall be an Ethics & Compliance Committee responsible for considering

            complaints submitted to the Association and dealing with them in a manner

             that will advance the objectives of the Association.

 

6.2       The Ethics & Compliance 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 t               the Ethics & Compliance Committee must have at least two years’ mediation experience.

 

6.3       The Ethics & Compliance Committee shall have all powers necessary to maintain

             and further the objectives of the Association.

  1. Meetings:

 

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 t              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.

 

7.2       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.

 

7.3       Twenty percent (20%) of the paid-up members shall constitute a quorum  

            at any General Meeting of the Association.

 

7.4       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 endeavor 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.

 

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.

 

 

  1. Finances:

 

8.1       The financial year of the Association shall run from 1 March to 28

            February of each year.

8.2       The Association may not directly or indirectly distribute any of its funds or assets  to any person other than                    while furthering its objectives, unless           expressly otherwise provided for in the relevant regulations from                   time to time. Thus, the Association’s income and property shall not be distributed to its members or office                     bearers except as reasonable remuneration for services rendered

8.3       Furthermore the Association shall utilize substantially the whole of its funding for the sole or principal object for              which it has been established.

 

8.4       Substantially the whole of the activities shall be directed to the furtherance of  the Association’s sole and                      principal object and not for the specific 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, 1962 (“the Act”) will be paid to any              employee or office-bearer, member or other person which is excessive, having regard to what is generally                    considered reasonable in 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 its objects;

 

8.8       Substantially the whole of its funding must be from its annual or other long-term members or from an                              appropriation by the government, a provincial administration or a municipality.

 

8.9       Members or office bearers have no rights in the property or other assets of the   organization solely by their                  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  banking account.

 

8.11     The Association may invest, use its funds, acquire and control assets for

            any purpose in furtherance of the objects of the Association. This 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.

 

 

  1.      Amendments to this Constitution:

 

9.1      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.

 

9.2       Persons accepting fiduciary responsibility will submit any amendment of the Constitution to the Commissioner              within 30 days of its amendment.

 

 

 

  1.      Perpetual Succession and Liability:

 

 10.1    The organization shall be a body corporate having an identity and existence distinct from its members or                       office-bearers.

 

 

10.2     As provided herein above, 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);

 

  1. The entity will comply with such reporting requirements as may be determined by the Commissioner from time to time.

 

 

  1.      Dissolution/Winding up:

11.1     The Association may be dissolved by a simple majority vote of paid - up members.

11.2     Upon the winding up or liquidation or within six months from the withdrawal of   the exemption (or such longer               period as the Commissioner may allow), transfer its assets remaining after the satisfaction of its liabilities to: -

             (aa) another entity with similar objects and which is approved in terms of section 10 (1)(d)(iii) or (iv) of the Act;

     (bb) a public benefit organization approved in terms of section 30 of the Act; or

     (cc) any institution or body approved in terms of section 10 (1)(c)(i) of the Act;  or

     (dd) any department of state or administration in the national or provincial or local sphere of government of the              Republic, contemplated in section 10 (1)(a) or (b) of the 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

Constitution

© 2016 by FAMAC. Proudly designed by Timeless Talks

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