PREAMBLE

This voluntary Association emerges from the need for a Regional accrediting body which will promote mediation and the ethical standards and integrity of practising mediators in KwaZulu Natal. The commencement of certain sections of the Children’s Act 38 of 2005 represents the immediate context for the formation of the Association and the primary focus of the Association is on family mediation and mediations in terms of the Children’s Act.
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​1. NAME AND LEGAL STATUS

1.1 The name of the Association shall be KAFAM.

1.2 The Association is and shall continue to be a distinct legal entity and body corporate separate from its members, having perpetual succession, with the power to acquire, to hold and to alienate property of every description whatsoever, and with the capacity to acquire rights and obligations.

1.3 The Association's income and property shall not be distributable to its members or office bearers, except as reasonable compensation for services rendered.

1.4 All actions or suits, proceedings at law or any arbitration shall be brought by or against the Association in the name of the Association and the Executive Committee may authorise any person or persons to act on behalf of the Association and to sign all such documents and to take all such steps as may be necessary in connection with any such proceedings.

2. OBJECTIVES AND POWERS

The objects of the Association shall be:

2.1 to promote the use of the process of mediation as a means of resolving disputes in a multidisciplinary framework,

2.2 to support and promote the common interests of mediators in KZN,
 
2.3 to promote ethical standards and integrity in the practice of mediation in KZN;

2.4 to determine standards of accreditation for mediators;

2.5 to provide a regional networking forum for the exchange of views and information on matters pertaining to mediation and related matters;

2.6 to liaise with and to present the collective views of its members to related bodies, public authorities and to other interested organizations and persons.

2.7 To maintain a regional register of mediators accredited by member organisations.

The Association is entitled in furthering its objects to –

2.8 initiate, conduct and support seminars and workshops aimed at improving understanding and awareness by its members, industry, commerce, legal practitioners, educational establishments and the public of the objectives of the Association;

 

2.9 co-operate with bodies whose purpose is consistent with the objects of the Association;

2.10 affiliate with and maintain relationships with regional and national bodies whose objects are consistent with those of the Association;

2.11 take any other action that may be necessary or expedient in support of its objects. The Association through the Committee shall have the following powers:

2.12 to pay, at its discretion, all costs and charges incidental to the promotion, formation and establishment of the Association, and to pay or refund all costs and expenditure incurred for the benefit of the Association prior to the coming into force of this constitution;

2.13 to carry out and further all or any of the objects of the Association as specified in this constitution;

2.14 to accept donations;

2.15 to organise meetings, lectures, seminars, workshops and allied undertakings;

2.16 to collect funds and raise revenues for the purposes of the Association through membership fees, donations, collections, grants and all other lawful means;

2.17 to receive, acquire and hold immovable or other property for the purposes of the Association and to sell, lease or otherwise dispose of or deal with any such property;

2.18 to open, maintain and operate accounts and to invest monies in securities or on fixed deposit in banks, building societies or other financial institutions or in any other such manner that may be determined;

2.19 to borrow and raise money, subject to the provisions of this constitution and to execute in the name of the Association any mortgage, deed of sale, lease and other contracts and also to make, draw, accept and endorse bills, notes and other instruments.

2.20 to acquire, purchase, lease or rent furniture, office fittings, office equipment, stationery and any other movable property, reasonably necessary for the furtherance of the Association’s objects, and to dispose of same by way of sale or otherwise.

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2.21 to admit any organisations to be members of the Association;

2.22 to make ethical rules.

2.23 to institute and also to defend action for the Association and to submit matters to arbitration and enter into any composition, and to delegate authority to represent the Association in such proceedings; and

2.24 to delegate to any sub-committee whether composed of members of the Committee or not, any of its powers and to invest them respectively with any other powers that are expedient for the due conduct, management and regulation of any of the business or affairs of the Association, and to remunerate them for special services rendered by them in such manner
as approved by the Committee.

2.25 to do all or any of the above things as principal, agents, contractors, trustees or otherwise, or by and through trustees, agents or otherwise and either alone or in conjunction with others;

3 MEMBERSHIP

3.1 Membership of the Association is open to all individuals engaged in the field of mediation or related fields and who subscribe to the Association’s objects.

3.2 Any individual that wishes to become a member of the Association may apply to the Secretary and, in the discretion of the Committee, be enrolled as a member.

3.3 Any individual making application for membership shall submit to the Committee a short form CV together with a motivation to become a member.

3.4 The Committee reserves the right to refuse an application by any individual and to set and amend minimum requirements for inclusion as a member.

3.5 Once enrolled, a member is bound by this constitution.

3.6 Every member must timeously pay all contributions, fees, levies or subscriptions for which the member may be liable in accordance with the constitution and any rules made in terms of this constitution. Enrolment fees and subscriptions shall be determined by the Annual General Meeting of members. The Committee shall recommend to the Annual General Meeting, the subscriptions that should be payable by all members. Immediately after the Annual General Meeting, the Secretary shall inform each member of the annual subscription and enrolment fees. The liability of each member shall be limited to the amount of any subscription or other debt owing by him to the Association.

3.7 Every member shall be entitled:

 

3.7.1 to be entered onto the database of members;

3.7.2 to receive all notices, circulars, balance sheets, agendas of general meetings and other documents issued to members;

3.7.3 to take part in any discussion on any matter at any general meeting of members;

3.7.4 to attend and participate in all conferences, lectures, workshops, symposia, courses or other activities organized or sponsored by the Association subject to such limitations and on such terms and on payment of such fees as the Committee shall determine;

3.7.5 to vote on any resolution at any general meeting of members and to vote for candidates for election to the Committee.

3.7.6 to nominate a representative/s to stand for election to the Committee or hold any office in the Association.

3.8 Any member shall be deemed to be a member as from the date of receipt of a letter from the Secretary accepting the application.

3.9 The membership of any member shall terminate if:

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3.9.1 the member submits a resignation in writing to the Secretary, and the resignation is accepted by the Committee;

3.9.2 the member fails to pay any annual subscription for which s/he may be liable within three (3), months of the date upon which such subscription becomes due, subject to the provision that the Committee may on good cause shown, permit it additional time in which to pay its subscription;

3.9.3 the Committee resolves that such membership be terminated.

3.10 No refund of any subscription or part thereof shall be made to an member ceasing to be a member and s/he shall in any event remain liable to the Association for any subscription or other debts or obligations due.

3.11 REGIONAL REGISTER OF MEDIATORS

3.11.1 In accordance with one of its primary objectives, the Association shall collate and at all times maintain and make available a regional register of mediators accredited by member organizations in accordance with criteria established by the Association and amended from time to time.

3.11.2 The register of mediators shall consist of a general register reflecting the name of the mediator, their areas of speciality, their place of practice, their professional background and the member organisation with which they are accredited.

3.12 CODE OF CONDUCT

3.12.1 All mediators registered with the Association shall be obliged to adhere to the Code of Conduct of the organization.

3.12.2 Any written allegations of improper conduct received by the Association shall be referred to the executive committee, which shall be obliged to deal with such allegation in accordance with its own Code of Conduct/Disciplinary Procedures.

4 GOVERNANCE AND STRUCTURES

OFFICE BEARERS

4.1 The KZN Chief Family Advocate of South Africa shall be entitled to appoint a representative who shall ex officio be an office bearer of the Association.

4.2 The Centre for Criminal Justice shall be entitled to appoint a representative who shall ex officio be an office bearer of the Association.

4.3 The FAMSA shall be entitled to appoint a representative who shall ex officio be an office bearer of the Association.

4.4 There shall be a Chairperson, a Vice Chairperson and an Administrator of the Association who shall be elected at an annual general meeting of the Association to serve for a period of one year;

4.5 The Chairperson shall not hold office as such for more than one term and shall be succeeded in the following term by the Vice Chairperson.

4.6 The Chairperson shall preside at all meetings of the Association and its executive committee.

4.7 The Chairperson and Vice Chairperson shall share the duties of the Secretary set out in this Constitution and/or delegate those functions to other committee members.

4.8 The Administrator shall keep a record of the proceedings of all meetings of the Association. He or she shall issue notices of all meetings. He or she shall keep a record of the members of the Association. He or she shall do and prepare such other matters as the Executive Committee may from time to time require.

4.9 The Administrator shall collate and maintain the register of mediators and liaise with the member organizations in regard to any matter relating thereto.

THE COMMITTEE

4.10 The management and control of the affairs of the Association vest in a Committee consisting of the Chairperson and Vice Chairperson of the Association, and the committee members nominated and elected at the Annual General Meeting.

4.11 Committee members hold office for a period of one year, from the date of their election or appointment, as the case may be, unless they resign or are removed from office before the expiry of that period.

4.12 A casual vacancy caused by an office bearer or elected member of the Committee ceasing to hold office for any reason may be filled by the Committee for the unexpired portion of the period of office of the office bearer or member concerned.

4.13 The Committee has the power and duty to execute and realise all the powers of the Association as set out in this constitution.

4.14 By a resolution passed by a majority of two thirds of their number present at a meeting called for that purpose, the Committee may remove any Committee member(s) from office on good cause shown.

4.15 Meetings can be conducted by email and telephonically, and three members of the committee shall constitute a quorum.
 
5. ANNUAL AND SPECIAL GENERAL MEETINGS

5.1 The Annual General Meeting of the Association shall be held within six months of the end of the Association's financial year.

5.2 The Secretary shall give at least fourteen days written notice to all members of the Association of the date and venue of the Annual General Meeting together with a detailed agenda of all business proposed to be transacted at such Meeting.

5.3 The business of the General Meeting of the Association includes –

5.3.1 receiving the annual report of the Association’s affairs and any financial records and accounts of the Association;

5.3.2 the election of an accounting officer as and when this may become necessary;
 
5.3.3 the election of a Chairperson of the Association;

5.3.4 the election of Committee members;

5.3.5 the determination of membership fees, if any; and

5.3.6 the transaction of any other matters which the Committee may deem expedient.
 
5.4 Eight individuals members of the Association shall constitute a quorum.

5.5 The Committee of the Association may convene a Special General Meeting of the Association.

5.6 The Administrator shall, if so requested by at least three member organizations in writing, convene a Special General Meeting of the Association within 14 days of receipt of such request. The request to the Administrator shall give full details of the business proposed to be discussed or transacted at such meeting.

5.7 The Administrator shall give at least fourteen days written notice to all members of the Association of the date and venue of the Special General Meeting together with a detailed agenda of all business proposed to be transacted at such Meeting.

5.8 If at any such Annual or Special General Meeting the Chairperson is not present within fifteen minutes after the time appointed for holding such Meeting, or if both the Vice Chairperson and the Administrator shall be unwilling to act as Chairperson, the members present shall choose some other member present to be the Chairperson of the meeting.

5.9 At any General Meeting of the Association each member shall have one vote which may be exercised in person or by written proxy delivered to the Administrator before the commencement of the meeting. With the exception of an amendment to this constitution, voting is by simple majority.

5.10 The chairperson of the meeting shall have the power to adjourn such meeting to such time and to be held at such place as he or she may decide.

6. DOMICILIUM

The offices of the Association will be located at a place determined by the Committee.

7. FINANCIAL

The financial year of the Association shall be from 1 January to 31 December each year.

8. DISSOLUTION

8.1 The Association may be wound up or liquidated by a resolution passed by not less than two thirds of the members of the Association present at a special meeting called for the purpose, by notice, specifying the resolution proposed to be taken at the meeting. In the event of the winding up of the Association the Committee shall act as liquidators.

8.2 After the payment of all debts and obligations of the Association, any surplus funds and assets of the Association shall be given or transferred to some other club, association or institution having objects similar to the main object of the Association, to be determined by the members of the Association at or before the time of its dissolution or, failing such determination, by a court of competent jurisdiction.

9. AMENDMENTS TO THE CONSTITUTION.

Any proposal to amend this constitution shall be submitted either to an annual general meeting of members or to a special meeting of members convened for this purpose. The quorum and period of notice of such special meeting shall be as hereinbefore laid down for an annual general meeting. No proposal to amend this constitution shall be put to any general meeting of members unless notice of the resolution has been set out in the notice convening
the meeting. No proposal to amend this constitution shall be effective unless it received the votes of two-thirds of the associates present and voting at such general meeting.