PKPASA Constitution

Name

The organisation hereby constituted will be called the Professional Kinesiology Practitioner Association of South Africa and is a Non Profit Organisation.
Its shortened name will be PKPASA (hereinafter referred to as the organisation).
The organisation shall:
- Exist in its own right, separately from its members.
- Continue to exist even when its membership changes and there are different office bearers.
- Be able to own property and other possessions.
- Be able to sue and be sued in its own name.

Objectives

The organisation’s main objective is to provide an association to represent professional kinesiology practitioners ie. those who have completed the ICPKP certificate, diploma or advanced diploma programmes or part thereof. The organisation will also represent other Kinesiologists who have undertaken courses in Specialised Kinesiology.
The organisation’s secondary objectives may include : Fund raising to further the association’s objectives.

Communicate with its members and other like minded bodies.

Be registered / associated for Continued Professional Development accreditation (CPD points).

Income and Property

The organisation will keep a record of everything it owns.
The organisation may not give any of its money or property to its members or office bearers. The only time it can do this is when it pays for work that a member or office bearer has done for the organisation. The payment must be a reasonable amount for the work that has been done.
A member of the organisation can only get money back from the organisation for expenses that she or he has paid for or on behalf of the organisation. Receipts must be produced for this.
Members or office bearers of the organisation do not have rights over things that belong to the organisation.

Membership and General Meetings

Anyone who wishes to become a member of the organisation may apply to organisation’s management committee and/or its representatives. The management committee has the right to refuse membership.
Membership will be classified into 3 categories: Full Member, Student Member and Associate Member.
Any student or graduate of the ICPKP (Certificate, Diploma and/ or Advanced Diploma) will be eligible for Membership of the organisation.
Student membership will be open to students of the ICPKP, ie those who are studying or have studied with a registered ICPKP college.
Full membership can be applied for once the student has achieved/attained the ICPKP certificate of competency for 18 units of the ICPKP program.
The management committee will determine Associate Membership based on the knowledge, prior learning and experience of specialised kinesiology techniques. Affiliate membership can be converted into full membership of the organisation, based on the affiliate member meeting the minimum standards as set out by the PKPASA
Annual membership fees are payable to become a member of the organisation, and these will be determined at the inaugural meeting and reviewed at the AGM if necessary.
Office bearers will not be paid for their work done in their capacity as office bearers.
Any two Full Members of the Organisation, can request a special general meeting. They must notify the management committee of the intention and subject of the meeting. The management committee will notify all members of the date of the meeting with 14 days of the request. The notification of the meeting must be not less than 14 days before it is due to take place and not more than 40 days and must inform the members of the issue or issues to be discussed.

General Meetings

The AGM is open to all members.
Only Full Members are eligible to vote at the AGM and they must be paid up.

Management

A management committee will manage the organisation. The management committee will be made up of a minimum of 4 Full Members who will serve as the office bearers of the organisation. Student Members and Affiliate Members are not eligible to be part of the management committee; they will, however be able to serve on adhoc/sub committees.
Office bearers will serve for one year, but they can stand for re-election for another term in office after that. Depending on what kind of services they give to the organisation, they can stand for re-election into office again and again. This is so long as their services are needed and they are ready to give their services.
If a member of the management committee does not attend three management committee meetings in a row, without having applied for and obtaining leave of absence from the management committee, then the management committee will find a new member to take that person’s place. The management committee will make the decision on the proposed candidate.
The management committee will meet at least once per quarter (every 3 months. A minimum of 3 management committee members need to be at the meeting to make decisions that are allowed to be carried forward. This constitutes a quorum.
Minutes will be taken at every meeting to record the management committee’s decisions. The minutes of each meeting will be given to management committee members within one month of the meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the management committee, and shall thereafter be signed by the chairperson.
The organisation has the right to form sub-committees. The decisions that sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its next meeting. This meeting should take place soon after the sub-committee’s meeting. By agreeing to decisions the management committee ratifies them.
All members of the organisation have to abide by decisions that are taken by the management committee.

Powers of the Organisation

The management committee may take on the power and authority that it believes it needs to be able to achieve the objectives that are stated in point number 2 of this constitution. Its activities must abide by the law.

The management committee has the power and authority to raise funds or to invite and receive contributions.
The management committee has the power to buy, hire or exchange for any property that it needs to achieve its objectives.
The management committee has the right to make rules for proper management, including procedure for application, approval and termination of membership.
The Organisation will decide on the powers and functions of office bearers however at a minimum there will be a chairperson, a secretary, a treasurer and at least one other office bearer.
Members or office bearers do not become liable for any of the obligations and liabilities of the organisation solely by virtue of their status as members or office bearers of the organisation.
Office bearers are not personally liable for any loss suffered by any person as a result of an act or omission which occurs in good faith while the office bearer is performing functions for or on behalf of the organisation.
The function of the organisation is to fulfil the objectives set out in point 2 (Objectives).
Disciplinary issues – The organisation has the authority to regulate and discipline practitioners (see Schedule 5).

Meetings and Procedures of the Committee

The management committee must hold at least four ordinary meetings each year plus an AGM.
The chairperson, or two members of the committee, can call a special meeting if they want to. They must let the other management committee members know the date of the proposed meeting not less than 14 days before it is due to take place, and must inform them of the issue(s) to be discussed. If, however, one of the matters to be discussed is to appoint a new management committee member, then those calling the meeting must give the other committee members not less than 21 days notice.
The chairperson shall act as the chairperson of the management committee. If the chairperson does not attend a meeting, then members of the committee who are present choose which one of them will chair that meeting. This must be done before the meeting starts.
There shall be a quorum whenever such a meeting is held.
When necessary, the management committee will vote on issues. If the votes are equal on an issue, then the chairperson has either a second or a deciding vote.
Minutes of all meetings must be kept safely and always be on hand for members to consult.

Annual General Meetings

The annual general meeting must be held once every year, within 60 days of the Organisation’s financial year. Notice of the AGM must be distributed at least 21 days before the AGM and can be sent by email, or regular post.
The organisation should deal with the following business, amongst others, at its annual general meeting:
- Agree to the items to be discussed on the agenda.
- Take note of members attending and also apologies for non-attendance.
- Read and confirm the previous meeting’s minutes with matters arising.
- Chairperson’s (Annual) report.
- Treasurer’s (Financial) report.
- Any Changes to the constitution.
- Elect new office bearers.
- General.
- Close the meeting.
Every full member has one vote and in the case of equality of votes, the Chairperson shall have a casting vote in addition to his / her deliberate vote. Members unable to attend a meeting may register their votes by letter (proxy) to reach the Secretary at lease 24 (twenty-four) hours before the commencement of the meeting
Students and Associate Members are not entitled to vote.
Voting shall be by a show of hands unless otherwise agreed upon at the meeting.
All motions shall be considered binding upon all members once ratified by a majority vote.
Any alteration to the Constitution needs to be circulated to all members prior to the AGM and with the notice of the AGM.

Finance

The appointment of an accounting officer shall be ratified at the annual general meeting. His or her duty is to audit and check on the finances of the organisation.
The treasurer’s job is to control the day to day finances of the organisation. The treasurer shall arrange for all funds to be put into a bank account in the name of the organisation. The treasurer must also keep proper records of all the finances.
Whenever funds are taken out of the bank account, the chairperson and at least two other members of the organisation must be notified and agree in writing to the withdrawal. This may be done by email. The treasurer must keep a copy of this agreement to withdraw funds.
The financial year of the organisation ends on 30 April.
The organisation’s accounting records and reports must be ready and handed to the Director of Nonprofit Organisations within six months after the financial year end. This is the duty of the auditor.
If the organisation has funds that can be invested, the funds may only be invested with registered financial institutions. These institutions are listed in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984. Or the organisation can get securities that are listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985. The organisation can go to different banks to seek advice on the best way to look after its funds.
Funds may be used for materials, equipment, furniture, curtains, hire of materials and equipment, salaries for work done, sponsorship for individuals unable to pay for training, hire of venue for training.

Changes to the Constitution

The constitution can be changed by a resolution. The resolution has to be agreed upon and passed by not less than two thirds of the members who are at the annual general meeting or special general meeting. Members must vote at this meeting to change the constitution.
Two thirds of the members shall be present at a meeting (“the quorum”) before a decision to change the constitution is taken. Any annual general meeting may vote upon such a notion, if the details of the changes are set out in the notice referred to in 9.7.
A written notice must go out not less than 21 days before the meeting at which the changes to

the constitution are going to be proposed. The notice must indicate the proposed changes to the constitution that will be discussed at the meeting.
No amendments may be made which would have the effect of making the organisation cease to exist.

Dissolution/Winding-up

The organisation may close down if at least two-thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favour of closing down.
When the organisation closes down it has to pay off all its debts. After doing this, if there is property or money left over it should not be paid or given to members of the organisation. It should be given in some way to another nonprofit organisation that has similar objectives. The organisation’s general meeting can decide what organisation this should be.