SOUTH AFRICAN NATIONAL ASSOCIATION OF PROGRESSIVE SHERIFFS (SANAPS) CONSTITUTION
1. NAME
1.1 The name of the Association shall be the South African National Association for Progressive Sheriffs (herein referred to as the National Association).
1.2 The short name or acronym of the South African National Association of Progressive Sheriffs shall be SANAPS.
2. STATUS
2.1 The National Association shall be a distinct and separate legal entity and body corporate, with the power to acquire, to hold and to alienate property of every description and to acquire rights and obligation. The National Association shall have perpetual succession, subject to clause 26 hereof.
2.2 All legal actions and all proceedings of any nature shall be instituted by or against the National Association in its own name and executive committee shall authorise any person to act on its behalf in such proceedings.
3. NON-PROFIT ASSOCIATION
3.1 The National Association is not formed and shall not exist for the purpose of carrying on any business for any financial benefit of its individual members.
3.2 The income and assets of the National Association shall be applied solely for the promotion of its objectives.
3.3 No part of the income or assets of the National Association shall be paid to any person for that person’s personal gain, save and except upon the decision of the executive committee strictly for the benefit of the National Association.
3.4 The National Association shall not provide any financial assistance to any of its members, directly or indirectly.
4. RIGHTS OF MEMBERS
4.1 Membership of the National Association shall not entitle any member to any assets of the National Association, but only those benefits and privileges as contained in the Constitution.
4.2 All members shall be bound by the Constitution, of the National Association, whether or not such member received a copy thereof.
4.3 Any Sheriff, Deputy Sheriffs, and/or administrative staff wishing to apply for membership to the National Association must first formerly apply to his/her Provincial Association for membership.
5. LIABILITY OF MEMBERS
5.1 The liability of each member is limited to the amount of unpaid subscription or other amounts owing by such members to the Provincial Association.
5.2 The liability of any Provincial membership is limited to the amount of unpaid subscription or other amounts owing by the Provincial Association to the National Association.
6. NO DISCRIMINATION
6.1 No discrimination shall be allowed by the in the as National Association and Provincial Associations against any person based on such person’s race, gender, creed, language, sexual preference, religion or beliefs.
6.2 The National Association’s and Provincial Associations affairs (including meetings) shall be conducted in such a manner that the religion, political alliance, culture and beliefs of all members are treated with respect and dignity.
7. POWERS OF THE ASSOCIATION
7.1 Subject to clause 3 above, the National Association shall have all such powers as are necessary for the proper attainment of its objectives.
8. OBJECTIVES
The objects of the National
Association shall be:-
8.1 To promote the interest of the Sheriffs nationally, and Internationally.
8.2 To improve the quality of the service of the profession at national level.
8.3 To represent its members in all matters of the common interest in negotiations with the South African Board for Sheriff’s, Government, The Department of Justice and Constitutional Development, The Rules Board of South Africa, NGO’s and all Courts, and other professional association/s societies, and any other body or institution where its member’s interests may be relevant.
8.4 To research any matter that may be of interest to members and provide members with the result of such research.
8.5 To provide training to members and their staff, subject to the availability of finance.
8.6 To promote the professional efficiency and effectiveness of the profession by tuition, guidance, mentoring and research.
8.7 To promote equality amongst its members in every facet of the National Association.
8.8 To align the National Association with Government policies, particularly with regard to empowerment of the previously disadvantaged individuals, in order to enable them to enter the profession.
8.9 To strive to adhere to the transformation imperatives as a required by the Constitution of the Republic of South Africa.
8.10 To participate in the promotion of a just society for all and to promote an effective legal system.
8.11 To source and solicit funding for the training purposes.
8.12 To maintain and enhance the prestige, status and dignity of the profession.
8.13 To promote uniform practice and discipline among practitioners.
8.14 To initiate and promote reforms and improvements in any branch of the law, the administration of justice, the practice of the law and in draft legislation.
8.15 To ensure all members at all times abide by the Code of Conduct as enshrined in the Sheriff’s Act 90 of 1986.
8.16 To negotiate benefits for its members for example, Short-term insurance, Medical Aid, Pension or Provident Fund, Group Insurance etc.
8.17 To appoint persons to represent its members at the Department of Justice and all other stakeholders to be the mouthpiece of all members nationally at conference, meetings, advisory councils and similar bodies.
8.18 To promote the professional efficiency and effectiveness of the profession by tuition guidance mentoring and research.
9. MEMBERSHIP
The National Association shall have the following classes of membership.
9.1 Membership will be given to all Sheriffs, Deputy Sheriffs and Administrative Staff who acknowledges and respect the Constitution and the Code of Conduct of the Association and whose application has been approved by their respective Provincial Association.
9.2 No Sheriffs, Deputy Sheriff and administrative staff will be permitted to apply for membership directly to the national body without first becoming members of their respective Provincial Associations.
9.3 The Provincial Association will then register a bulk membership with the National Association clearly stating the number of the Ordinary Members and Associated Members (as defied in clause 10 and 11 hereunder) it has officially accepted.
9.4 If there is no Provincial Association established in a Province then only can an individual Sheriff, Acting Sheriff or Administrative Staff be allowed to become a member directly with the National Association.
10. ORDINARY MEMBERS
10.1 Any persons who holds an appointment as Sheriff or Acting Sheriff in his/her respective province, shall be eligible as an ordinary member.
11. ASSOCIATE MEMBERS
11.1 Any person who has been appointed as a Deputy Sheriff or Administrative Staff of a Sheriff or Acting Sheriff within their respective province, shall be eligible as an Associated Member.
11.2 In the event of a person that is not eligible be inadvertently admitted as a member or should a person be accepted due to misrepresentation or mistake, the National Executive Committee shall have the power to cancel such acceptance.
11.3 The secretary must keep a register of all ordinary and associate members and at all times.
11.4 Membership is vested in the national body and its members may use the words-
Member of
SANAPS on their letterheads and visitor’s cards.
11.5 The Association shall under no circumstances be used as a forum that will deal with issues related to the LABOUR RELATIONS ACT any other Act or provision dealing with similar matters.
12. HONORARY MEMBERS
12.1 ??Management may at annual general meeting or at a special meeting award honorary to a person, subject to 50% quorum.
12.2 Honorary Members will have the right to take part in discussions, but will have no voting power.
12.3 Honorary Members are not compelled to pay membership fees and retains such honorary membership for life as long as it pleases the organisation, subject to him/her abiding to the code of conduct as enshrined in the Constitution.
13. RESIGNATION/TERMINATION OF MEMBERSHIP
13.1 A member may resign his/her membership of the National Association upon written notice to the secretary of his/her respective provincial association, provided that such notice shall be given at least 30 days before his next subscription shall become due.
13.2 The Executive Committee of the Provincial Association shall vote in favour of terminating the membership of the member of suspend his/her membership for a certain period because of:
13.3.1 The member neglected to pay the fixed provincial membership fee after having been reminded by registered post to bring his/her membership fee up to date.
13.3.2 He/she, in the opinion of the management, made himself guilty of conduct which is not appropriate to the ethics professional standards required by the organization of its members, particularly with regard to the way in which the member conducted his trust account, provided a member will always have the opportunity to defend him/herself by way of a sworn affidavit within 21 days of being informed of such charges.
14. DISCIPLINARY ACTION PROCESS AND PROCEDURE
14.1 Any member found violating any of the clause in the Constitution will be issued with a written warning notice.
14.2 If the member refuses and/or neglects to adhere to the warning letter served upon him/her then the member will be summoned to appear before the executive committee of his/her province wherein an enquiry will be held.
14.3 One member from the Executive Committee of the National Association will be appointed to sit at this hearing.
14.4 The member will be allowed to explain him/herself and if the committee find the member’s action was not in accordance with the Code of Conduct and the Constitution, he/she would be served with a final warning notice and given seven (7) days to refrain from his/her action.
14.5 Failing to adhere to the final notice will result in the member being fined or suspended from the National Association.
14.6 A member may defend himself/herself by a sworn affidavit within the prescribed period (as per clause 14.4) and further has the right to appeal his suspension at a Special General Meeting with the executive of the Provincial Association under the chairmanship of the National Association.
14.7 Any member being stripped of his/her membership as a result of unprofessional or unethical conduct may be reported by the management of the National Association to the South African Board for Sheriffs.
15. MEMBERSHIP FEES
15.1 The National Association may determine subscription fees for the various classes of members which shall be payable by the Provincial Association within 30 days of acceptance.
16. SUBSCRIPTION
16.1 The National Association shall at the Annual General Meeting every year determine the subscription payable by each province for the next year, which subscription shall then be payable within 30 days of such annual general meeting.
16.2 Any member whose subscription has been unpaid as provided for in clause 15.1 shall not be allowed to continue as member, after written notice to the member to settle within seven days.
17. PROVINCIAL MANAGEMENT
17.1 The Provincial Executive Management will consist of a minimum of 5 members elected at its annual provincial or sector meeting and shall abide by the Constitution.
17.2 A member of the Provincial Executive Management shall remain in office until such time a new member substituting him/her has been inaugurated provided that a member ceases to be a member of the management immediately, if his membership was terminated in terms of clause 14.
17.3 Five members of the Provincial Management present at the management meeting Forms a quorum the meeting will be reconvened in terms of paragraph on short notice.
17.4 The Chairperson shall in case of an equal vote, have the casting/deliberate vote.
17.5 A honorarium may be paid annually to the secretary of the Executive Committee and/or management and/or officials of the organisation, as decided by the Annual General Meeting of Members.
17.6 The management shall consist of at least 51% appointed Sheriffs.
17.7 Associate members may not hold the position of Chairperson, Deputy Chairperson and Treasurer.
17.8 The Provincial or sector management committee may determine membership fees at its annual general meeting in order to sufficiently manage its affairs and account to the national association for its membership subscription.
17.9 The Provincial/Sector management shall account to the National Executive annually on its finances.
17.10 The Chairperson of Provincial/Sector Executive Committee may hold office for a maximum of two consecutive years.
17.11 The Chairperson and/or Deputy Chairperson shall be allowed to attend any national management meeting and/or committee meeting and consists incidental thereto shall be paid by the provincial association.
17.12 There has to be a quorum of not less than 50% members present at annual general meeting and/or special general meeting.
17.13 All Provincial Associations shall have a properly drafted constitution that all members abide by and subject to approval by the National management.
17.14 All Provincial Associations shall retain their trading names provided that their name include the name of the National Association (e.g UNITED SHERIFFS ASSOCIATION KZN (SANAPS).
18. BRANCHES OR SECTOR
18.1 Branches or circles may be formed with the consent of the Provincial management with the approval of the National management.
18.2 No member is compelled to join any branch or circle or join any specific branch or circle
18.3 Branches and Circle will draw up domestic rules after the inaugural meeting and will submit it to the provincial management for approval.
18.4 Branches and Circles and their management shall submit a report annually before the end of March each year to the provincial management with regard to its activities the previous year as well as a full report regarding its finances.
18.5 Branches and Circles and their management fall under the discipline and authority if the Provincial Management which have the power to dissolve any branch or circle under guidance from the National Management.
18.6 A Branch or Circle may only raise voluntary contributions from its own members for the promotion of some or other event or occasion.
19. THE EXECUTIVE COMMITTEE
19.1 The National executive committee will consist of:-
19.1.1 The national chairperson
19.1.2 The national deputy chairperson
19.1.3 The national secretary
19.1.4 The national assistant secretary
19.1.5 The national Treasurer
19.1.6 Nine (9) additional members representing each province in the country, (this representative will be nominated by the provincial body and in most cases will be provincial chairperson).
19.1.7 Two (2) associate members representing deputy sheriffs and administrative staff:-
19.1.8 The executive chairperson may hold office for a maximum of two consecutive years.
20. ANNUAL GENERAL MEETING/SPECIAL AND EXECUTIVE MEETINGS.
20.1 The annual general meeting of the national association will be held in the month of
June each year or a time and date to be determined by the executive committee in which time the current executive committee steps down and new executive committee is appointed.
20.2 The annual general meeting will always be chaired by the current chairperson.
20.3 The current secretary and/or deputy secretary will always minutes the meeting and thereafter forward copies of the minutes to all paying members.
20.4 The Chairperson will be allowed to sit as national chairperson for a maximum of two consecutive years.
20.5 Notice of the annual general meeting must be forwarded to all members at least 21 days prior to the date of the meeting clearly stating the date, time and venue for such meeting.
20.6 Confirmation of attendance to the meeting must be forwarded directly to the national secretary at least 5 days prior to the date of the annual general meeting.
20.7 The management shall be at the annual general meeting present to all members income and expenditure statement for the past year and further an estimate of income and expenditure statement for the ensuring year as well propose the membership fee for approval by all present at the annual general meeting.
20.8 The national chairperson must at the annual general meeting render an annual report to all members which will then be seconded and adopted.
20.9 In order to hold a successful annual general meeting with the purpose of appointing a new executive committee there has to be a quorum of not less that 50% of members present.
20.10 Should the requirement of clause 20.9 not be met then the executive committee has the right to take into account the number of proxy nomination/votes received and should the figure then reach a 50% only then a new executive committee can be elected.
20.11 The notice to the annual general meeting must be accompanied by a copy of agenda.
20.12 Any member who has a pecuniary interest in any item on the agenda or a proposal or a particulars party, shall disclose his/her pecuniary interest and shall withdraw from the meeting during the discussion of that item and he/she shall have no opportunity to address the meeting or to vote on the matter.
20.13 Executive and Special meetings are held at the request of management. Notice of the special and/or Excutivel meeting must be given at least 15 days prior to the date of the meeting.
20.14 The annual general meeting shall be rotated between all 9 provinces, each province having a chance to host the annual general meeting.
20.15 Special Meetings may be called by the Chairperson of the national executive body upon special request of at least 15 members. Such meeting will be arranged in terms of the requirements of Par 20.13.
21. QUORUM
21.1 In order to hold a successful general meeting there has to be not less than 45% of members present. (Both ordinary and associate members included).
21.2 In so far as special general meetings are concerned, it is also agreed that a vote of no decision will be taken if there is less than 45% of the management committee present.
21.3 If a meeting is cancelled due to lack of quorum, then the meeting will be rescheduled a further date to be determined by the executive committee.
22. VOTING
22.1 Voting shall be by show of hands and/or secret ballot, without any person/s being obligated to vote under duress.
22.2 No person shall be voted into office without a written acceptance from the potential candidate, should the candidate be absent at the time of voting.
22.3 The voting procedure shall be by nomination and seconding process, wherein a person is nominated into a certain position and the nominee is seconded by one other member and acceptance by the nominee shall be official.
22.4 Should there be more than one persons nominated for the same position, voting shall be by secret ballot, wherein the person with the highest number of votes will be the successful candidate for the position. The chairperson shall have a deciding vote in this instance.
22.5 Each ordinary member has one vote and the chairperson has the casting vote.
22.6 Associate member is allowed a maximum of 10 votes at the annual general meeting.
22.7 At the request of any member the voting on any particular matter shall be by close ballot.
22.8 At the discretion of the chairperson and upon request by the ordinary members the associate members may be requested not to vote on issues that concerns ordinary members only.
22.9 Proxy votes, as determined by Clause 22.10 shall be counted as votes.
22.10 PROXY VOTES
22.10.1 Members shall also be allowed to submit a written proxy vote to be delivered to the secretary before the start of the meeting.
22.10.2 Members may be allowed to forward proxy votes to the provincial chairperson to submit to the national secretary prior to the start of the annual general meeting.
22.10.3 All proxy votes shall be completed strictly on the form provided by the management if the national association, same of which must be forwarded to all members with the invitations to the meeting.
23 DUTIES AND POWERS OF MANAGEMENT
23.1 National Executive management meets as and when required provided that they have at least one (1) meeting in a period of two months, which shall hereinafter be referred to as the management meeting.
23.2 Any member of the association may attend any Management meeting. Such a member is not allowed at such meeting to address the meeting without prior approval from the chairperson. Once approved he/she will be given a maximum period of 5 minutes to address the meeting.
23.3 The chairperson may request and add to the agenda from all provinces matters of interest and/or matters of importance to be addressed at a general meeting and/or special meeting.
23.4 The management administration of the organisation rest in the hands of the Executive management and such executive management is authorised to appoint officers, acquire officers and equipment and to do whatever they deem necessary in the interest of the members, subject to the scrutiny of such decisions at the AGM.
23.5 The national management shall open and maintain banking account with a reputable financial institution
23.6 The banking account must have two signatories, duly appointed by the members present at the AGM and such account may not be removed to another banking institution without the consent of the Executive management duly decided upon at a meeting with a quorum as required in Par 20 – provided that the signatories may be changed by the National Executive as and when so required but subject to a unanimous decision taken at such meeting of such National Executive meeting.
23.7 The National management shall have its financials certified by an independent person at least once annually and the certified statement shall be presented at the AGM for approval.
23.8 Executive Management may also at any time appoint Task committees which may be necessary for the completion of any specific task and may co-opt members that is knowledgeable and will assist in achieving the aims and objectives set out for the specific task. The executive management may dissolve the committee once the task has been completed.
23.9 The Executive national management may at any time inspect the financial records of any Provincial Association should the need arises and/or upon a written complaint by any member.
23.10 All ordinary members of the Executive national management committee must attend at least (3) meeting per year and must contribute by sitting in at least one special task committee in the year.
23.11 The national executive committee shall at the special general meeting and subject to clause 21 request the removal of any ordinary member of the national management committee due to his/her failure to attend meetings as per clause 23.10 and/or failure to carry out designated tasks allocated to him/her by the national management.
24 RIGHTS AND OBLIGATIONS OF MEMBERS
24.1 All members will be free to express their views, ideas and suggestions at meetings.
24.2 All ordinary members will be afforded with the equal opportunity to hold any position in the executive committee.
24.3 All members will promptly be updated with information obtained by the Association from any/all bodies concerned.
24.4 Members will be timeously informed of meeting so that they be given the opportunity to attend.
24.5 All paid up members will be given full access to the information that the Association receives.
24.6 Any decision taken and adopted at a meeting is final, no decision will be allowed to take place outside the meeting.
24.7 All associate members will have to leave the room, should an issue that concerns Sheriffs and Acting Sheriffs be discussed.
24.8 No associate members will be permitted to hold office of the National Chairperson, Deputy National Chairperson and Treasurer at any given time.
24.9 A maximum of two (2) associate members will be allowed to hold office on the national executive committee as additional members.
24.10 Associate members must attend at least one meeting in year by the national committee.
25 AMENDMENT OF THE CONSTITUTION
25.1 No amendment or addition to the constitution shall be made except at the Annual General Meeting or at a Special general Meeting subject to clause 21.2 and no amendments or additions shall be approved unless notice has been given to all members for consideration at least 21 days prior to such meetings.
26. DISSOLUTION AND CLOSURE OF THE NATIONAL ASSOCIATION
26.1 If the association reaches a stage where all members resign or calls for the closure, then only by a majority decision the executive members will terminate the existence of the national body. There has to be a quorum for such a decision to take place.
26.2 All provincial associations has the right to remain in existence and join another body/association that shares the same interest and objectives. Such a decision must be taken at a special general meeting held at provincial level subject to clause 17.2.
26.3 All monies held to the credit of the national association and any other assets belonging to the association at the time of closure shall be handed to a association which represents sheriff’s either nationally or provincially provided that the association shares the same interest as the National Association.
END
PROXY VOTE FORM
NAME: ____________________________________________
SURNAME:__________________________________________
AREA/JURISDICTION:__________________________________
PROVINCE:__________________________________________
NOMINATED PERSON:_________________________________
This proxy is to be used for the meeting to be held on this the ____________ day of ______________ 20______ at ____________________________________.
I understand that by giving my proxy, I will be bound to any decision resulting thereof.
Thus done and signed at _____________ on this the _____ day of _____ 20___
_____________________________
SIGNATURE