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KWA-ZULU NATAL PROVINCIAL GUIDES ASSOCIATION

BATTLEFIELDS REGION

Ref KZN Battlefield Guides

 

CONSTITUTION

 

ARTICLE 1: NAME

 

  1. The name of the Association shall be the Kwa-Zulu Natal Tourist Guides Association (Battlefields Region) hereafter to as “The Association”. The letter KZNTGABR will be recognised as an abbreviation of the Association’s name.

 

ARTICLE 2: OBJECTIVES

 

2.1       To promote and maintain among members of the Association the highest standards of professional tour guiding. To this end the Association shall publish and promote a code of ethics for the conduct of members.

 

2.2       To organise or arrange educational courses, lectures, excursions and to distribute pertinent information to members.

 

2.3       To promote, support or oppose any legislative or other measure which affects it’s members.

 

2.4       To protect, promote and develop the interest of it’s members and to represent them in dealing with government Departments, Authorities, tour and travel related operators, agents and the general public.

 

2.5       To seek affiliation with the bodies of similar interests.

 

ARTICLE 3: MEMBERSHIP OF THE ASSOCIATION

 

Application for membership shall be in the manner and form as determined by the Committee.

 

Membership shall comprise Full members, Trainee members, Honorary members.

 

The qualifications for membership are as follows:

 

3.1.1    Any person registered as a Tourist Guide in terms of the Tourism Act No. 72 of 1993 and actively pursuing the function of a Tourist Guide in the Battlefield Region may apply for full Membership.

 

3.1.2    The Committee shall accept applications and decline or award Full Membership to Registered Tourist Guides

 

3.1.3    Every Registered Tourist Guide who is a fully paid up member of the Association shall have full voting rights.

 

3.2 TRAINEE MEMBERSHIP

 

3.2.1    Any person who is in the, process of training to be a Registered Tourist Guide and who subscribes to the objectives of the Association may be granted Trainee membership by the Committee of the Association.

 

3.3 HONORARY MEMBERSHIP

 

3.3.1    The Committee may grant Honorary membership to the persons who, in their opinion, have made an outstanding contribution to the Battlefield Region.

 

3.3.2.   Only Honorary Members who are registered Tourist Guides shall have full voting rights.

 

3.4 TERMINATION OF MEMBERSHIP

 

3.4.1    Membership shall be terminated if fees are outstanding for 12 months after the due date as stipulated in Article 5 of this Constitution. Membership may be reinstated on payment of all outstanding and current amounts due.

 

3.4.2    Membership shall be terminated in the events of misconduct by a member, as outlined in Article 9 of this Constitution.

 

ARTICLE 4: THE COMMITTEE

 

4.1       Primary functions of the Committee.

 

4.1.1    To perform an executive function.

 

4.1.2    To ensure that the objectives of the Association are fulfilled.

 

4.1.3    To make representatives and liase with Government and other bodies.

 

4.1.4    To interact with tour and travel-related operators and agents in order to promote tourism in our area.

 

4.1.5    To determine membership fees from time to time and notify members thereof and to collect fees due. Membership fees shall be due on the first day of July of each year.

 

4.1.6    To issue an official receipt to members in respect of membership fees which have been paid.

 

4.1.7    To organise or arrange regular educational courses, lectures and excursions appropriate to the needs of it’s members.

 

4.1.8    To produce a budget at the Annual General Meeting and to be accountable for funds administrated.

 

4.2 SPECIAL POWERS OF THE COMMITTEE

 

4.2.1    To invest and dispose of the funds and other assets of the Association and to open and operate the necessary banking accounts as is necessary.

 

4.2.2    To enter into and sign any contracts or documents in the name of the Association and to institute, conduct, defend, compound or abandon any legal proceedings by or against the Association.

 

4.2.3    To appoint such sub-committees as shall be necessary for the purpose of delegating special work, subject always to control by the Committee. Each sub-committee shall elect it’s own Chairperson.

 

4.2.4    To deal with all matters not specifically provided for in this Constitution is such manner as it may determine.

 

4.2.5        Only the Chairman or Vice Chairman may give statements on behalf of the Association to the media.

 

ARTICLE 5:

 

5.1       Composition, election and term of office

 

5.1.1    Members of a Committee shall retire each year but shall be eligible for re-election. The Chairperson shall be elected for 2 years.

 

5.1.2    The Chairman and 5 other committee members shall be elected at the Annual General Meeting by those members eligible to vote either in person or by proxy.

 

5.1.3    At the Annual General Meeting the members shall appoint amongst themselves a Treasurer/Secretary and any other necessary office bearers.

 

5.1.4    The Committee shall meet not less then every three months. A quorum shall consist of half of the elected members of the Committee.

 

5.1.5    In the event of vacancies occurring on the Committee the remaining members shall have the power to fill any such vacancies with a Full Member of the Association who may hold office until the next Annual General Meeting.

 

5.1.6    The committee shall be entitled to co-opt Full Members of the Association who may hold office until the next Annual General Meeting.

 

ARTICLE 6: MEETINGS

 

6.1       There shall be an Annual General Meeting of the Association which shall take place within 4 months after the close of the financial year. The financial year shall be from the first day of July to the last day of June of the following year.

 

6.2       The Committee may convene special and Extraordinary General Meetings by giving not less then thirty days notice of such a meeting.

 

6.3       The Committee and any sub-committees shall record minutes of their proceedings. Such minutes, when confirmed at the next meeting, shall be signed by the Chairperson of the meeting as evidence of their correctness.

 

6.4       Non-members of the Association may attend Annual General Meetings, but shall not have the right to speak or vote.

 

ARTICLE 7: QUORUM AND VOTING

 

7.1       Each member of the Association eligible to vote and who has paid all outstanding fees due shall be entitled to one vote at any meeting and voting shall be simple majority. The Chairperson shall have a casting vote in the event of a deadlock.

 

7.2       A quorum at an Annual, Special or Extraordinary General Meeting shall consist of one third of those members eligible to vote either in person or by proxy. If there is no quorum the meeting shall stand adjourned and be reconvened at a later date.

 

7.3       Elections of the office bearers and voting on other matters shall be either by secret ballot or by show of hands as determined by the meeting.

 

7.4       Members eligible to vote may do so by proxy. Such proxy shall be on an official form provided by the Association.

 

7.5       Annual, Special or Extraordinary General Meeting shall be chaired by the Chairman or, if not available by, the Vice-Chairman or if not available, the Chairperson shall elected by a simple majority of those members eligible to vote either in person or proxy.

 

ARTICLE 8: NOTICES

 

8.1       For the purpose of properly constituting an Annual, Special or Extraordinary General Meeting, not less than thirty days written notice calculated from the date of the mailing, shall be given to all members of the Association.

 

8.2       The notice convening an Annual, Special or Extraordinary General Meeting shall include an agenda of the matter for discussion as well as the necessary proxy forms and, where applicable, nomination forms, and the minutes of the previous Annual General meeting.

 

ARTICLE 9: DISIPLINARY HEARINGS

 

9.1.1        If a complaint is received about a member then the Committee may hold a hearing at which the member concerned shall be given the opportunity to state their case. The complaint may be dismissed, with or without caution.

 

9.1.2        However, if the Committee at such a hearing decides by simple majority that the member has behaved in a manner prejudicial to the objectives of the Association, whether by omission or commission, then such a member may either be given a warning of the possible termination of membership, or membership may be terminated. This shall be confirmed in writing to the member within thirty days. 

 

9.3       Moreover, if termination of the membership is decided, then this shall be ratified by two thirds majority of the Committee whose decision shall be final.

 

9.4.1        Appeals may be made within thirty days of such notice by the member concerned to the Committee whose decision, after discussion, shall be final.

 

9.5       Up to this stage all matters concerning such complaints shall be strictly confidential.

 

ARTICLE 10: AMENDMENT OF CONSTITUTION

 

10.1     A notice of motion for the amendment of this Constitution shall be supported in writing by no fewer the two thirds Full Members of the Association, and shall be received by the Secretary at least sixty days before the date at which such motion is to be considered by the membership.

 

10.2     The next text of any such motion which is to be tabled for the consideration by the membership at an Extraordinary General Meeting shall be included with the notice of such a meeting sent to members.

 

10.3     Amendments to this Constitution may only be adopted with the approval of no

fewer then two thirds of those members eligible to vote either in person or by proxy.

 

ARTICLE 11: LIMITED LIABILITY

 

11.1.1    The Association is not formed for any purpose of gain, and no member shall be liable for any debts or obligations of the Association, save only to the extent of any unpaid membership fees.

 

ARTICLE 12: WINDING UP AND DISCUSSION

 

12.1          If the continued existence of the Association is for any reason considered to be no longer justified, then a decision shall be taken at an Annual or Extraordinary General Meeting convened for that purpose.

 

12.2          For a decision of dissolution, the meeting shall require the approval of no fewer than three quarters of those members eligible to vote either in person or by proxy.

 

12.3          Upon a decision of dissolution, the meeting shall decide by simple majority vote as to the disposal of the assets of the Association.

 

 

 

 

HEREBY ACCEPTED ON DATE                              ………...…………………………

 

 

SIGNED BY THE CHAIRMAN                                 …………….………...……………..

 

 

SIGNED BY MEMBER OF THE COMMITTEE        …….……………………………….