| 1. The Association |
| 1.1 |
The name of the association is the Africa Association of Quantity Surveyors |
| 2. Definitions and Interpretations |
| 2.1 |
Where words and phrases are bold in the text of this constitution they shall bear the meaning assigned to them in this clause and where such words or phrases are not bold they shall bear the meaning consistent with the context |
| 2.2 |
“Association” means the Africa Association of Quantity Surveyors, an association of institution members, associate members, honorary members and practice members engaged in quantity surveying or subscribing to the objectives and functions of the association |
| 2.3 |
“Associate member” or “associate membership” means such category of member or membership of the association established in terms of this constitution |
| 2.4 |
“Board” means a board established in terms of this constitution |
| 2.5 |
“By-laws” means the by-laws of the association with such amendments, modifications, alterations and additions thereto as may be made by the council or the general assembly from time to time |
| 2.6 |
“Code of conduct” means the code of conduct of the association with such amendments, modifications, alterations and additions thereto as may be made by the council or the general assembly from time to time |
| 2.7 |
“Committee” means a committee established in terms of this constitution |
| 2.8 |
“Constitution” means this constitution of the association with such amendments, modifications, alterations and additions thereto as may be made by the general assembly from time to time |
| 2.9 |
“Council” means the council of the association from time to time established in terms of this constitution |
| 2.10 |
“Executive committee” means the executive committee of the association from time to time established in terms of this constitution |
| 2.11 |
“General assembly” means the triennial general assembly of delegates representing the membership established in terms of this constitution. The general assembly is the supreme governing body of the association |
| 2.12 |
“Honorary member” or “honorary membership” means such category of member or membership established in terms of this constitution |
| 2.13 |
“Institution member” or “institution membership” means such category of member or membership established in terms of this constitution |
| 2.14 |
“Member” or “membership” means an institution member or institution membership, an associate member or associate membership, an honorary member or honorary membership and practice member or practice membership of the association as the case may be |
| 2.15 |
“Practice member” or “practice membership” means such category or member or membership established in terms of this constitution |
| 2.16 |
“Region” means a geographical region in Africa demarcated in terms of this constitution or any other region in Africa demarcated by the general assembly from time to time |
| 2.17 |
“Quantity surveyor” means a person duly academically and professionally qualified as a quantity surveyor and who is accepted as a quantity surveyor by an institution member in the relevant country and shall exclude student or candidate quantity surveyors |
| 2.18 |
“Quantity surveying” means the professional services provided by quantity surveyors in the relevant country |
| 2.19 |
In this constitution, unless it appears to the contrary, the singular shall include the plural and vice versa. Any reference to any gender shall also include other genders and any reference to a natural person shall include a juristic person |
| 2.20 |
The headings of clauses are for reference purposes only and shall not be used in the interpretation thereof |
| 2.21 |
The definitions shall be considered to be substantive provisions of this constitution |
| 2.22 |
Notice given in terms of this constitution shall be addressed to the current address as provided by the member and shall be deemed to be received by the member when : |
|
2.22.1 |
delivered by hand – on the day of delivery or |
|
2.22.2 |
sent by electronic mail – 3 (three) days after transmission |
|
2.22.3 |
sent by registered post or by courier – 14 (fourteen) days after postage |
| 2.23 |
Where there is a requirement in this constitution, the by-laws or the code of conduct that documents are to be circulated or sent to members such documents may be circulated or sent to members by posting on the official website of the association with a notice by electronic mail to the relevant member, at his current address as provided by the member, that such documents are available on the website for downloading |
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3. Nature of the Association
|
| 3.1 |
The association is a voluntary association constituted and governed in accordance with the provisions of this constitution |
| 3.2 |
The association has all the legal powers and capacities of an individual, except to the extent that an individual person is incapable of exercising any such powers or this constitution provides otherwise |
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4. Objectives
|
| 4.1 |
The objectives of the association are : |
|
4.1.1 |
to unite on a democratic basis and to foster co-operative, intellectual, cultural, educational and scientific ties among national bodies of quantity surveyors on the African continent, |
|
4.1.2 |
to foster and maintain professional contacts, mutual support and assistance amongst members and to maintain contact with other international associations with similar objectives and functions, |
|
4.1.3 |
to promote the recognition of the quantity surveyor’s role in society and to maintain public confidence in the integrity and the competence of quantity surveyors by encouraging members to maintain the highest professional standards and ethics, |
|
4.1.4 |
to promote and encourage development and education in quantity surveying, |
|
4.1.5 |
to promote research and technical advancement in the built environment, |
|
4.1.6 |
to promote and facilitate free movement of quantity surveyors amongst institute member countries and |
|
4.1.7 |
to provide all possible support to the creation of bodies of quantity surveyors throughout the African continent |
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5. Functions
|
| 5.1. |
The functions of the association are : |
|
5.1.1 |
to initiate, define and assist in the implementation of joint programmes and co-operation in quantity surveying education, practice, research and development throughout Africa, |
|
5.1.2 |
to collect and disseminate information on a regional and world-wide basis relevant to the activities of the association, |
|
5.1.3 |
to prepare and publish periodically updated directories of members and various aspects of quantity surveying research and development, journals, newsletters and magazines of the association, |
|
5.1.4 |
to identify the needs of Africa which might be met by the quantity surveying profession, |
|
5.1.5 |
to assist in generating training opportunities for quantity surveyors and students in quantity surveying and organising staff and student exchanges amongst members, |
|
5.1.6 |
to organise study tours, seminars, workshops and other meetings on general and selected aspects of quantity surveying, education, research and development in Africa and |
|
5.1.7 |
to carry out any other activities as the association considers conducive to the attainment of its objectives |
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6. Membership
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| 6.1 |
There shall be four classes of membership namely, institution membership, associate membership, honorary membership and practice membership |
| 6.2 |
Institution Membership |
|
6.2.1 |
Institution membership shall be open to any national institute, institution, association or society which in the opinion of the council represents a body of quantity surveyors in sovereign countries of Africa, provided that the constitution, objectives and functions of such institute, institution, association or society are consistent with those of the association |
|
6.2.2 |
The council may allow institution membership of the association to an institute created specifically to represent a single quantity surveying practice where in the opinion of the council there is no readily available alternative to representing quantity surveyors in a specific country |
| 6.3 |
Associate Membership |
|
6.3.1 |
Associate membership may be granted at the discretion of council to any group or organisation within any African country or internationally, provided that such group or organisation of non-quantity surveyors subscribes to the objectives and functions of the association |
|
6.3.2 |
Associate members shall have all the rights of full membership, except that they shall not be represented by a delegate at a general assembly and shall not have the right to vote at its meetings |
| 6.4 |
Honorary Membership |
|
6.4.1 |
The council may from time to time recommend to the general assembly the granting of honorary membership to individuals or non-member organisations which, in the opinion of the council, have made an outstanding contribution towards the furtherance of the objectives of the association |
|
6.4.2 |
Such honorary members may participate in the activities of the association but shall not be represented by a delegate at a general assembly and shall not have the right to vote at its meetings |
| 6.5 |
Practice Membership |
|
6.5.1 |
Practice membership may be granted to quantity surveying practices that subscribe to the objectives and functions of the association |
|
6.5.2 |
Approval of practice membership will be subject to compliance with the following criteria : |
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|
6.5.2.1 |
practice membership shall not be allowed unless the applicant practice is a registered member of, or is endorsed by, an institution member in the applicable country and |
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|
6.5.2.2 |
Practice membership shall not have any voting rights but such practices may through one representative attend council and general assembly meetings as observers and participate fully in all discussions |
| 6.6 |
General Membership Criteria |
|
6.6.1 |
Institution membership, associate membership and honorary membership are open only to institutions, societies, associations, groups and organisations of quantity surveyors or non-quantity surveyors, who do not discriminate against their own members or potential members or colleagues on the basis of race, gender, religion, origin or political persuasion |
|
6.6.2 |
Practice membership is open only to quantity surveying practices that have at least one principal of the practice as a registered member of an institution member |
|
6.6.3 |
Application for membership shall be made to the Secretary General and admission to membership shall be as prescribed in the by-laws |
|
6.6.4 |
All quantity surveyors represented by institution membership or practice membership are entitled individually to the services of the association and are encouraged to participate in any of the organised activities of the association |
|
6.6.5 |
Only quantity surveyors who hold citizenship of institution member countries shall represent institution members at any meeting of the association or hold office in the association |
|
6.6.6 |
The council of the association reserves the right to cancel the membership of any institution member, associate member or practice member. No reason may be provided and no appeals process will be allowed |
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7. Finance
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| 7.1 |
The funds of the association shall be derived from registration fees and subscriptions payable by institution members, associate members and practice members, grants and pledges, donations, contributions, advertising on the web site, bequests, legacies and subsidies accepted by the council, and any other revenue derived from its activities
Such funds shall be applied exclusively for the purposes of the association as directed by the council |
| 7.2 |
Annual subscriptions payable by each institution member, associate member and practice member shall be assessed, the basis having been reviewed and adjusted by the executive committee and ratified by the council and/or general assembly as the case may be, to provide the necessary funding for approved programmes |
| 7.3 |
Annual subscriptions shall be payable within 60 (sixty) days from receipt of invoice or by 30 September of each year, whichever is the later. In exceptional circumstances, council may grant special dispensation to allow subscriptions to be paid at a later stage or by instalments |
| 7.4 |
The powers of the association is limited as follows : |
|
7.4.1 |
the association may not directly or indirectly distribute any of its funds or assets to any person other than in the course of furthering the association’s objectives |
|
7.4.2 |
the association shall utilise substantially the whole of its funds for furthering the objectives of the association as directed by the council, |
|
7.4.3 |
no member may directly or indirectly have any personal or private interest in the association, |
|
7.4.4 |
substantially the whole of the activities of the association shall be directed to the furtherance of the objectives of the association and not for the specific benefit of a member or minority group, |
|
7.4.5 |
the association may not have a share or other interest in any business, profession or occupation which is carried on by the members individually or collectively and |
|
7.4.6 |
the association shall not pay to any employee, office bearer, member or other person any remuneration which is excessive, having regard to what is generally considered reasonable in the quantity surveying profession and in relation to the service rendered |
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8. Management of Funds
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| 8.1 |
Bank Accounts |
|
8.1.1 |
The funds of the association shall be kept in the association‘s accounts in banks approved by the council. All monies belonging to the association shall be deposited with such banks as the council shall direct |
|
8.1.2 |
Cheques drawn or electronic withdrawals on the association‘s bank accounts shall be signed or authorised as the case may be by a person or persons authorised by the council and any one of the following office bearers : |
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|
8.1.2.1 |
President, or in the absence of the President, one of the Vice Presidents, |
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|
8.1.2.2 |
Secretary General and |
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|
8.1.2.3 |
Honorary Treasurer |
|
8.1.3 |
The council may authorise the operation of separate, special bank accounts in an institution member country where there is restriction in foreign exchange, into which all monies belonging to the association in that country shall be deposited |
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The council may authorise cheques or electronic withdrawals of such accounts to be signed or authorised as the case may be by a person authorised by the council and any one of the office bearers as prescribed above or by any other persons authorised by the council |
| 8.2 |
Accounts |
|
8.2.1 |
The council shall cause proper and sufficient accounts to be kept of the sums of money received and expended by the association and the matters in respect of which such receipts and expenditure take place, and of the property, credits and liabilities of the association, and, subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations then in force, the books of account of the association shall be open to the inspection of all members |
|
8.2.2 |
The accounts of the association shall be examined and the correctness of the balance sheet ascertained by one or more qualified auditors who shall be appointed by the council annually |
|
8.2.3 |
The financial year of the association is from 1 July to 30 June of the following year |
| 8.3 |
Annual Report |
|
8.3.1 |
The council shall present a report on the association to the general assembly for approval, which report shall give an abstract of the proceedings during the preceding years and a summary of the audited accounts of the funds for the preceding years |
|
8.3.2 |
A copy of the report shall be issued to every institution member, associate member and practice member at least 30 (thirty) days before the general assembly |
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9. Directing Bodies
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| 9.1 |
The directing bodies of the association in order of precedence are : |
|
9.1.1 |
the general assembly, |
|
9.1.2 |
the council and |
|
9.1.3 |
the executive committee |
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10. Triennial General Assembly
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| 10.1 |
The supreme body of the association is a general assembly of delegates referred to as the general assembly, representing the membership together with members of the council |
| 10.2 |
The general assembly shall be held at least once every three years in a member country provided that such general assembly shall be held no later than 39 (thirty nine) months after the preceding general assembly |
| 10.3 |
The date and venue of the general assembly shall be determined by the council |
| 10.4 |
Each institution member is represented by from one to five delegates and one to three observers in accordance with the table below, depending on the number of quantity surveyors which the institution member represents, while associate, honorary and practice members shall enjoy observer status only. The numbers of delegates and observers are calculated as follows : |
|
|
Quantity surveying membership of relevant institution member |
Delegates representing institution member |
Observers representing institution member or associate member |
|
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Less than 50 |
1
|
1
|
|
between 50 and 99 |
2
|
1
|
|
between 100 and 499 |
3
|
2
|
|
between 500 and 999 |
4
|
2
|
|
1,000 and more |
5
|
3
|
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If an increase or decrease in the number of quantity surveyors represented by an institution member justifies a revision of its representative-status at the general assembly, the institution member concerned shall, at least 2 (two) months before the general assembly is convened, inform the Secretary General that a status-revision is required and provide proof of the increase or decrease in the number of quantity surveyors represented |
| 10.5 |
Associate members may attend the general assembly as observers and may at the discretion of the President, participate in meetings of the general assembly |
| 10.6 |
Each associate member, each honorary member and each practice member may send one representative to the general assembly and participate in meetings as an observer |
| 10.7 |
The council may grant ad hoc observer status to other bodies or individuals for all or part of a general assembly |
| 10.8 |
No observer shall have the right to vote |
| 10.9 |
Only delegates and members of the council shall have the right to vote. Each delegate shall have one vote and only accredited delegates and members of the council that are present during voting processes shall have a right to vote |
| 10.10 |
The chairman of the meeting shall not participate in any voting processes but in the event of an equal number of votes being cast, the chairman of the meeting shall have the casting vote |
| 10.11 |
Notice of a general assembly meeting shall be given at least 2 (two) months before the appointed date |
| 10.12 |
An inadvertent omission to give formal notice of a meeting or the non-receipt of such notice by any institution members, associate members or practice members shall not invalidate any resolution passed or proceeding held by the general assembly |
| 10.13 |
The Secretary General shall circulate the agenda and, as far as possible, the principal documents to all institution members, associate members and practice members at least 2 (two) months before the appointed date of a general assembly |
| 10.14 |
Extraordinary sessions of the general assembly shall be convened by the President through the Secretary General at the request of the majority of the council or at least 1/3 (one third) of the institution members. Notice of such sessions shall be given by e-mail at least 2 (two) months before the appointed date. The notice shall indicate the agenda and, if possible, the principal documents shall be enclosed |
| 10.15 |
The President assisted by the Vice Presidents shall preside at a general assembly. If at any general assembly meeting the President or Vice Presidents are not present within 30 (thirty) minutes after the time appointed for commencement of the general assembly meeting, the council members and delegates present shall choose one of their number to chair the meeting who, during the course of that meeting shall have the powers of the President for the conduct of the meeting but shall relinquish such powers on arrival of the President or any Vice President |
| 10.16 |
Questions arising at any general assembly meeting shall be decided by a majority of votes. In the case of any equality of votes, the chairman of the meeting shall have the casting vote |
| 10.17 |
15 (fifteen) members of the council and/or delegates eligible to attend a general assembly shall constitute a quorum. No business shall be transacted at any general assembly unless a quorum is present |
| 10.18 |
Unless the general assembly shall, by a simple majority of those eligible to vote, admit the introduction of matters not appearing on the agenda, no discussion shall take place and no decision shall be made on such matters |
| 10.19 |
Business at the general assembly |
|
10.19.1 |
The ordinary business of the general assembly shall be to : |
|
|
10..19.1.1 |
confirm minutes of the preceding general assembly and to consider matters arising therefrom, |
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|
10.19.1.2 |
receive, debate and, if satisfied , approve the triennial report of the council which shall include the audited annual financial statements for the preceding period/s, |
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|
10.20.1.3 |
determine the general policy of the association for the following 3 (three) years, |
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|
10.19.1.4 |
elect officers of the association and |
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|
10.19.1.5 |
transact any other business properly placed before the general assembly and for which notice shall have been given to the Secretary General at least 2 (two) months before the date set for the general assembly |
| 10.20 |
If for any unforeseen reason the general assembly cannot meet at the place and/or on the date as notified, then it shall meet at such place and on such date thereafter as the council may decide, provided that priority be given to the institution member or the region which had the right to host the aborted meeting |
| 10.21 |
If the general assembly is postponed for any unforeseen reason, the council most recently elected shall remain in office until the general assembly next meets and the postponement of the general assembly shall not invalidate any decisions or actions taken by the council in accordance with this constitution and the by-laws |
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11. Council
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| 11.1 |
Management of the affairs of the association shall be vested in the council consisting of the : |
|
11.1.1 |
President elected by the general assembly, |
|
11.1.2 |
Vice Presidents from each region elected at the general assembly by council members from the relevant region and delegates with voting powers and written authority to represent institution members from the region |
|
11.1.3 |
Secretary General elected by the general assembly, |
|
11.1.4 |
Honorary Treasurer elected by the general assembly, |
|
11.1.5 |
Chairmen of the boards appointed by the executive committee at a meeting to be held immediately after the general assembly meeting, |
|
11.1.6 |
Two representatives from each region elected by institution members in the relevant region within 2 (two) months after the general assembly; provided that should the institution members in a region agree on the aforementioned two representatives for the relevant region no election shall be required, |
|
11.1.7
11.1.8 |
Immediate Past President (ex-officio),
Outgoing Immediate Past President (ex officio) and |
|
11.1.9 |
One representative nominated by each institution member |
|
11.1.10 |
Persons co-opted in terms of 11.20.5 |
| 11.2 |
No country may be represented on council by more than three members including the Vice President from that region. For the purposes of this clause, the President, the Secretary General, the Honorary Treasurer, the Immediate Past President and the Outgoing Immediate Past President shall be deemed to represent the association as a whole and not any country or regional institution member |
| 11.3 |
Between meetings of the general assembly, the council shall be responsible for the arrangement and direction of the affairs of the association and shall exercise all powers of the association which are not required by this constitution and the by-laws to be specifically exercised by the general assembly |
| 11.4 |
The council may regulate its own proceedings by standing orders or otherwise as it may deem fit. Any act or proceeding of the council shall not be invalidated by any vacancy in the council provided always that the number of members of council is not reduced below one half of the full number |
| 11.5 |
The council shall be responsible for the preparations for the general assembly and shall in due time : |
|
11.5.1 |
invite nominations for the positions due for renewal (refer to 11.24), |
|
11.5.2 |
submit nominations for the office bearers due for election (refer to 11.24), |
|
11.5.3 |
make every effort to ensure conditions for an effective election of the council which will facilitate fair rotation of representation on the council to avoid the possibility or perception that membership of the council may be entrenched and |
|
11.5.4 |
ensure the maintenance of just and balanced representation of quantity surveyors from across the African continent in a spirit which recognises regional merit |
| 11.6 |
Only representatives of institution members who are in good financial standing with the association may be nominated or be considered for nomination as members of the council |
| 11.7 |
Each member of the council, except the President, Vice Presidents, Secretary General and Honorary Treasurer, may appoint in writing an alternate to act in his stead |
| 11.8 |
Any member of council, who has not attended or who has not been represented by his alternate at 2 (two) consecutive meetings of the council without having submitted apologies shall be considered as having resigned and that member’s seat shall be declared vacant |
| 11.9 |
The council shall determine the date and venue of its meetings |
| 11.10 |
Notice of meetings shall be given at least 2 (two) months before the appointed date for a council meeting |
| 11.11 |
The agenda and, as far as possible the principal documents, shall be sent to all members of the council at least 2 (two) months before the appointed date of a meeting |
| 11.12 |
In exceptional circumstances extraordinary meetings of the council may be convened by the President and shall be convened at the request of at least half of the members of the council |
| 11.13 |
Notice of extraordinary meetings shall be given at least 2 (two) months before the appointed date and shall include the agenda and, as far as possible, the principal documents |
| 11.14 |
All extraordinary meetings of the council shall be held at the offices of the Secretariat, except under unforeseen circumstances |
| 11.15 |
In an emergency, all questions within the competence of the council may, at the request of the President or on the initiative of the Secretary General, be submitted to members of the council by e-mail. following which voting procedures shall commence within 1 (one) month of the information being received by the council members or under exceptional circumstances, within 14 (fourteen) days, on condition that the information is transmitted by e-mail to facilitate responses being received by the Secretary General within the stipulated 14 (fourteen) days |
| 11.16 |
The regulations concerning notice of meetings and consultation by correspondence are applicable to meetings and consultations by the council only |
| 11.17 |
All council members have the right to vote. In the event of an equal number of votes being cast, the chairman shall have a casting vote |
| 11.18 |
7 (seven) members of the council shall constitute a quorum |
| 11.19 |
Unless the council shall, by a simple majority of those eligible to vote, admit the introduction of matters not appearing on the agenda, no discussion shall take place and no decision shall be made on such matters |
| 11.20 |
Executive Committee |
|
11.20.1 |
The officers of the association are the : |
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|
11.20.1.1 |
President, |
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|
11.20.1.2 |
Vice Presidents, |
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11.20.1.3 |
Secretary General, |
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|
11.20.1.4 |
Honorary Treasurer, |
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|
11.20.1.5 |
Chairmen of the boards, |
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11.20.1.6 |
Immediate Past President |
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11.20.1.7 |
Outgoing Immediate Past President |
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11.20.1.8 |
Persons co-opted by the executive committee in terms of 11.20.5 |
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11.20.2 |
The officers shall retire when the President’s term of office terminates but shall be eligible for re-election. Notwithstanding this proviso the term of office of the President shall be limited to one term only as described in 11.21.1.2 and the term of office of each of the Vice Presidents shall be limited to 2 (two) of the terms described in 11.21.2.2 |
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11.20.3 |
In carrying out their duties, the President, Secretary General, Honorary Treasurer and chairmen of the boards may not receive instructions from any region, institution member, practice member or from any authority outside the association |
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11.20.4 |
Should any officers of the association resign or become incapable of performing their duties, then such officers shall be replaced at the succeeding council meeting. The term of office of such officers shall end at the appointed date of the succeeding general assembly |
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11.20.5 |
The executive committee shall have the power to co-opt for the executive committee a maximum of 2 (two) additional members from amongst the members of the various institution members and/or representatives of practice members |
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11.20.6 |
Between meetings of the council the executive committee shall be responsible for the arrangement and direction of the affairs of the association and shall exercise all the powers of the council |
| 11.21 |
Duties of Officers |
|
11.21.1 |
President |
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|
11.21.1.1 |
The president shall : |
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preside at all meetings of the general assembly, the council and the executive committee, |
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be responsible for the proper conduct of such meetings, |
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represent the association in his official capacity as directed by the council from time to time, |
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serve as an ex-officio member of all organisations and sub-committees of the association and |
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conduct the voting process for the election of the office bearers in terms of the by-laws |
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11.21.1.2 |
The President’s term of office shall encompass at least 2 (two) ordinary meetings of the council and 1 (one) general assembly meeting and the period between such meetings, regardless of the dates of such meetings |
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11.21.2 |
Vice Presidents |
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11.21.2.1 |
The Vice Presidents shall deputise for the President in their respective regions and their qualifications for election shall be similar to those for the office of President. The President and Vice Presidents shall not be representatives of the same institution member |
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Each Vice President shall : |
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represent the region for which he is elected and |
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initiate and co-ordinate activities within the region for which he is elected |
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11.21.2.2 |
The Vice President’s term of office shall encompass at least 2 (two) ordinary meetings of the council and 1 (one) general assembly meeting and the period between such meetings, regardless of the dates of such meetings |
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11.21.3 |
Secretary General |
|
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The Secretary General shall administer the affairs of the association under the general direction of the council and shall be responsible for the safe custody of all the association‘s records |
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11.21.3.1 |
On behalf of the association, the Secretary General shall : |
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organise the Secretariat, |
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direct its activities, |
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within the limits of the approved budget, engage the necessary staff, |
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manage the expenses incurred in the running of the Secretariat, |
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draw up and publish the calendar of the association’s functions, events and meetings approved by the council, |
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oversee the arrangements for the abovementioned events, |
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be responsible for the arrangements of and procedures during meetings of the general assembly and the council, |
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record the minutes of meetings, |
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circulate all minutes and other relevant documents and |
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report to the council and to the general assembly on the activities of the Secretariat |
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11.21.3.2 |
The Secretary General’s term of office shall encompass at least 2 (two) ordinary meetings of the council and 1 (one) general assembly meeting and the period between such meetings, regardless of the dates of such meetings |
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11.21.4 |
Honorary Treasurer |
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11.21.4.1 |
The Honorary Treasurer shall administer the finances of the association under the general direction of the council and shall report thereon at each council meeting or more frequently if requested to do so by the council |
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11.21.4.2 |
On behalf of the association, the Honorary Treasurer shall : |
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prepare and present the annual budget, |
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oversee the satisfactory management of the funds of the association in accordance with the budget approved by the council and/or the general assembly as the case may be, |
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propose the nomination of the auditor, |
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propose to the council the appointment, if required, of one or more assistants to be responsible for certain specific functions and |
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chair or be an ex-officio member of any commissions or groups set up to study the financial affairs of the association |
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11.21.4.3 |
The Honorary Treasurer’s term of office shall encompass at least 2 (two) ordinary meetings of the council and 1 (one) general assembly meeting and the period between such meetings, regardless of the dates of such meetings |
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11.21.5 |
The Boards and Standing or Ad hoc Committees |
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11.21.5.1 |
The chairmen of the boards and of standing or ad hoc committees shall be responsible for initiating and executing the policies of the association under the general direction of the council |
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11.21.5.2 |
The chairmen of the boards and standing and ad hoc committees shall be appointed by the executive committee at a meeting immediately following the general assembly meeting. The executive committee may also review and/or replace the members of any boards and any standing or ad hoc committees. The executive committee has the right to replace the chairman and any members of a board or a committee from time to time as it may deem fit, to be ratified at the succeeding council meeting |
| 11.22 |
Meetings of Council and Quorum |
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11.22.1 |
The council shall meet at least once a year but in exceptional circumstances it shall have in its power to vary the frequency of meetings. The general assembly shall in the year of the general assembly replace the council meeting in that year |
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11.22.2 |
Council meetings shall be called by the Secretary General at the direction of the President or at the request of more than half the members of the council |
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11.22.3 |
No business shall be transacted at any council meeting unless a quorum is present |
| 11.23 |
Meetings of the Executive Committee and Quorum |
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11.23.1 |
The executive committee shall meet for an ordinary meeting at least once a year giving the members of the executive committee 30 (thirty) days notice of such meeting. The agenda for such meeting shall simultaneously with the notice be made available to the members of the executive committee. The same procedure shall apply for special meetings of the executive committee |
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11.23.2 |
Executive committee meetings shall be called by the Secretary General at the direction of the President |
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11.23.3 |
No business shall be transacted at any executive committee meeting unless a quorum of 4 (four) executive committee members are present |
| 11.24 |
Nominations |
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11.24.1 |
4 (four) months before the date of the general assembly meeting the Secretary General shall submit to the institution members nominations by the council or the executive committee for the positions of all the office bearers of the association and shall invite institution members to submit further nominations for such positions which must reach the Secretary General at least 2 (two) months before the date of the general assembly meeting |
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11.24.2 |
The nominations for the post of President shall be from among the members of the outgoing executive committee. If no member of the outgoing executive committee is willing to be nominated to assume the office of President then the nominations for the post of President shall be from among the ranks of the outgoing council |
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11.24.3 |
The Secretary General shall enclose the list of all nominations received, including those which may be proposed by the executive committee or the council, with the agenda of the general assembly. No other nominations shall be considered by the general assembly unless a vacancy occurs due to the non-availability of any person nominated for a position or for any other reason which the President may consider to be valid |
| 11.25 |
Votes |
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11.25.1 |
Questions arising at any meeting of the council or the executive committee shall be decided by a majority of votes. In case of an equality of votes, the chairman of the meeting shall have the casting vote |
| 11.26 |
Chairmen of Meetings of the Council and the Executive Committee |
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11.26.1 |
The President or, in the absence of the President, one of the Vice Presidents shall preside at all meetings of the council and the executive committee. If at any meeting the President or Vice Presidents are not present within 30 (thirty) minutes after the time appointed for commencement of the meeting, the council members present shall choose one of their number to chair the meeting who, during the course of that meeting, shall have the powers of the President for the conduct of the meeting but shall relinquish such powers on arrival of the President or any Vice President |
| 11.27 |
Powers of Council |
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11.27.1 |
The council shall have the power to : |
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11.27.1.1 |
co-opt to the council a maximum of 2 (two) additional voting members from amongst members of the various institution members and/or practice members and |
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11.27.1.2 |
appoint employees to administer the affairs of the association |
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11.27.2 |
A member of the council representing a region and who is unable to attend a council meeting shall nominate an alternate from the institution member body to attend such meeting |
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11.27.3 |
A meeting of the council at which a quorum is present shall be competent to exercise all authority under the constitution |
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11.27.4 |
All expenses incurred by office bearers or council members require authorisation by the council |
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12. Secretariat
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| 12.1 |
A secretariat shall be established and maintained in one of the institution member countries decided upon by the council. The secretariat shall comprise the administrative headquarters of the association and a depository for its records and shall be under the control of the Secretary General |
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13. Regions
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13.1.1 |
Northern Region |
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13.1.2 |
Western Region |
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13.1.3 |
Eastern Region |
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13.1.4 |
Southern Region |
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and any additional regions as may be established by the general assembly |
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14. Boards and Committees
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| 14.1 |
The general assembly shall have the power to appoint and disband boards as it may consider necessary under such terms of reference as the council may decide from time to time for the purpose of dealing with the specific subjects connected with the objectives and functions of the association |
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14.2 |
The duration and terms of reference of each board shall be determined by the general assembly. Any board shall comprise of at least 3 (three) members, including the chairman of the committee |
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14.3 |
Reports and minutes of meetings of such boards shall be submitted to the council and executive committee for ratification at intervals determined by the council |
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14.4 |
The executive committee shall have the power to appoint and disband committees as it may consider necessary under such terms of reference as the executive committee may decide from time to time for the purpose of dealing with the specific activities of the council and the executive committee |
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14.5 |
The chairman, duration and terms of reference of each committee shall be determined by the council. Any committee shall comprise of at least 3 (three) members, including the chairman of the committee |
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14.6 |
Reports and minutes of the meetings of such committees shall be submitted to the council and the executive committee for ratification at intervals determined by the executive committee |
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14.7 |
Boards or committees may co-opt any person to serve on those respective boards or committees |
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14.8 |
Boards or committees shall have no right to incur any expenses on behalf of the association without prior authorisation of the executive committee or the council |
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14.9 |
Boards or committees may conduct their own correspondence and business but they shall not undertake any public action or any financial responsibility without prior authorisation of the executive committee or the council. In case of emergency, they may take such public action as shall have been sanctioned by the President or by any of the Vice Presidents acting on the President’s behalf |
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15. Publications
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| 15.1 |
If it so decides, the council may arrange for the publication of any matter, statistics, papers, documents as may be considered by the council as promoting knowledge of work, theory or law and practice relating to quantity surveying and to the built environment |
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16. Indemnity
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| 16.1 |
The association indemnifies any institution member, associate member, practice member, council member, officers, board members, committee members and employees of the association in respect of any action taken or any liability incurred by such institution member, associate member, practice member, council member, officers or employees in all matters for which they have expressed or implied authority to act on behalf of the association, unless the same shall happen through their own negligence, default or wilful act |
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17. Suspension and Termination of Membership
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| 17.1 |
An institution member, associate member or practice member : |
| 17.1.1 |
which in the opinion of the council : |
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17.1.1.1 |
ceases to represent the body or group of quantity surveyors in a respective country, |
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17.1.1.2 |
fails to uphold the objectives of the association, |
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17.1.1.3 |
amends its constitution in a manner inconsistent with the objectives of the association or |
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17.1.1.4 |
fails to pay its subscription within 60 (sixty) days from receipt of invoice or by 30 September of each year |
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shall be suspended from membership. Such suspension shall come into effect 3 (three) months after notice has been given to the institution member, associate member or practice member specifying the default, provided always that if such institution member, associate member or practice member shall rectify the default to the satisfaction of the council, the notice shall be withdrawn or the suspension revoked as the case may be |
| 17.2 |
An institution member, associate member or practice member suspended by the council may be expelled by a resolution of the general assembly, provided that such resolution is carried by a 2/3 (two thirds) majority of the votes cast. An institution member, associate member or practice member so expelled may apply for re-admission upon rectifying the default or defaults which were the cause of the original suspension |
| 17.3 |
Membership of an institution member, associate member or practice member shall terminate 3 (three) months from the date that such institution member, associate member or practice member gives written notice of intention to withdraw from the association |
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18. Official Languages
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| 18.1 |
The official working languages of the association shall be English, French and Arabic. However, English only may be employed until there is a practical need to use French and/or Arabic |
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19. Amendment of the Constitution
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| 19.1 |
The constitution of the association may be amended by way of omission or addition at a general assembly provided that notice of motion shall have been given to the Secretary General not less than 2 (two) months prior to the date of the general assembly and the resolution to amend shall have been carried by a majority of not less than 2/3 (two-thirds) of the votes cast and provided that 2/3 (two thirds) of the votes cast by representatives from at least 2 (two) countries from separate regions shall have voted for the motion to amend |
| 19.2 |
Upon receiving a notice of motion from an institution member, associate member or practice member to amend the constitution the Secretary General shall forthwith notify all institution members, associate members or practice members and members of the council. The executive committee shall prepare a report of such proposed amendments for presentation to and adoption by the general assembly |
| 19.3 |
Any amendments to the constitution shall take effect immediately following the meeting at which such amendment is adopted |
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20. Amendment of the By-Laws or Code of Conduct
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| 20.1 |
The by-laws and code conduct may be amended by way of omission or addition at a council meeting or at the general assembly provided that notice of a motion shall have been given to the Secretary General not less than 1 (one) month prior to the date of the council or general assembly meeting as the case may be and the resolution to amend shall have been carried by a majority of not less than 2/3 (two-thirds) of the votes cast |
| 21. Honorary Awards |
| 21.1 |
The council may from time to time recommend to the general assembly honorary awards to individuals or institutions who in their opinion have made an outstanding contribution or who have given outstanding support and encouragement in furthering the activities of the association in all its ramifications, and in particular to the development of quantity surveying |
| 22. Winding Up |
| 22.1 |
The association may be wound up or amalgamated with any similar association by a resolution of the general assembly of a decision to that effect is made by 75 % (seventy five per cent) of the institution members |
| 22.2 |
The terms of any such resolution shall provide for the manner in which any surplus assets of the association after satisfaction of the debts of the association shall be applied; provided that no such remaining assets shall be transferred to any member but to another non-profit organisation with similar objectives to the association to be determined by the general assembly at or before the time of dissolution, or failing such termination by a court of law in the country in which the secretariat is established |
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23. Tax Exempt Status
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| 23.1 |
In order to achieve and hold tax exempt status for the association the provisions of the addendum to this constitution shall apply |
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24. Effective Date
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| 24.1 |
The effective date of this constitution is 21 September 2014 |
