CONSTITUTION

1 NAME

1.1 The name of the Society shall be the “SOUTH AFRICAN SOCIETY OF HOME INSPECTORS” (SASHI).

1.2 The Society shall be a Society not for gain. It shall have perpetual succession and be capable of suing and being sued in its own name in respect of any contract entered into by the Society and/or any matter arising out of the exercise of any of its powers or the performance or non-performance of any of its duties in terms of this Constitution.

2 DEFINITIONS

Any expression used in this Constitution which is defined in the Labour Relations Act, 1995, shall, unless the contrary intention appears, have the same meaning as in that Act. In the interpretation of this Constitution, unless inconsistent with the context, the singular shall include the plural, and vice versa, and the following words and expressions shall have the following meaning:

2.1 “The Act”, unless otherwise specified, means the Labour Relations Act (Act 66 of 1995), as amended;

2.2 “The Society” means the South African Society of Home Inspectors, as constituted by this Constitution read with section 4 of the Act;

3 OBJECTS

The objects of the Society are:

3.1 to generally watch over, promote and protect the interests of members;

3.2 to promote excellence in work, just and honourable practice in the conduct of business, and to eradicate malpractices;

3.3 To plan, develop, and oversee professional opportunities for the members and others to achieve pre-eminence in the home inspection profession; establish, promote and maintain professional standards and qualifications; develop, review and publish technical and educational materials;

3.4 To develop, maintain and enhance membership growth and retention programs;

3.5 To develop and maintain the financial and human resources necessary to accomplish the purposes and goals of the Society;

3.6 To communicate the ethics, standards, purposes, goals and accomplishments of the Society to its membership, government, private sectors and the general public;

3.7 To promote and enhance relationships with various individuals and bodies, including the Society membership, other associations, governmental agencies, standards organizations, and the general public.

3.8 To advise members on matters affecting the relationship between themselves and their employees or trade unions;

3.9 to co-operate with any other organisations which may be established to deal with matters which affect members;

3.10 to acquire either by purchase, lease or otherwise any movable or immovable property, or also to sell, let, mortgage or otherwise deal with and dispose of movable or immovable property or other assets belonging to the Society or use such property for such other purpose as the members may approve;

3.11 to borrow, invest, lend, subscribe or donate money for the furtherance of the objects of the Society;

3.12 to use every legitimate means to encourage all persons who are eligible for membership to become members;

3.13 to affiliate with or join any federation, or to otherwise co-operate with any similar society;

3.14 to promote and uphold the status of home inspectors in general;

3.15 to do such other lawful things as may appear to be in the interests of the Society or its members and which are not inconsistent with the objects or any matter specifically provided for in the Constitution;

3.16 to foster and encourage the training of its members and the general educational advancement of persons engaged in the Industry.

4 MEMBERSHIP

4.1 Members

Members of the Society are those individuals who themselves perform inspections of residential properties and who meet the requirements for membership as determined by the Board. Members conforming with the above are members in good standing and shall be entitled to all rights and privileges of Membership in the Society.

4.2 Retired Members

Retired Members of the society are individuals who have been SASHI Members in good standing for a minimum of 3 (three) full years and who are no longer actively engaged in the home inspection profession including performing inspections or supervision of inspectors. Retired members may vote and hold office, provided they are not actively engaged in business as a broker or salesperson in the sale, purchase or listing of real estate.

4.3 Non-Voting Memberships

The following membership classes do not have a vote and are not eligible to serve as Directors or hold office in the Society, including the chair of committees and task forces.

4.3.1 Affiliates

Affiliates of the Society are individuals or companies providing products and/or services to home inspectors and the inspection profession. Affiliates shall meet the requirements and shall be entitled to such rights and privileges as may be specified by the Board. Affiliates shall designate a specific individual to be the representative to the Society.

4.3.2 Candidates

Candidates of the society are individuals who meet the requirements determined by the board and who may be eligible to become a member of the Society upon satisfaction of all membership requirements. Candidates do not vote in Society matters and shall not be members of the Council of Representatives. Candidates may vote on chapter or regional matters and may hold chapter or regional posts including the chair of committees and task forces at the discretion of the chapter.

4.3.3 Friends

Friends of the Society are individuals who are not eligible to be Members, Candidates or affiliates and who shall have performed distinguished service to the inspection profession and who are nominated by the Board. Friends shall pay no dues.

4.4 Applications for membership :

4.4.1 Applicants for the Society shall apply in writing on such form and shall furnish such particulars as may be prescribed by the Board from time to time.

4.4.2 Minimum Period of Candidacy

The Candidate waiting period to become a Member is 30 days.

4.4.3 Deemed Status

Any individual who is currently a SASHI Member, regardless of when they became a Member, is considered to have met all the necessary SASHI examination requirements.

4.4.4 Compliance with Standards and Ethics

Compliance with the SASHI Standards of Practice and Code of Ethics is mandatory for all membership. A signed statement on the initial application and on each year’s dues statement shall attest to agreement with this policy.

4.4.5 Requirements for member Status

Following acceptance as a Candidate, the inspector must complete the following steps to become a Member of SASHI:

a Complete 30 days as a SASHI Candidate.

b Perform a minimum of 10 fee paid inspections (whether separately or as part of a property valuation instruction) and provide proof attesting to their performance. SASHI reserves the right to request physical evidence of the 10 inspections.

c Successfully complete the SASHI Home Inspector Examination.

d Complete membership application, including a copy of the Candidate’s valid driver’s license or identification book.

e The Membership Committee will review the candidate’s file and approve the application.

f The candidate must be in good standing with SASHI and have no complaints filed against him/her.

4.4.6 Definition of Administrative Suspension

a Any individual placed on Administrative Suspension will lose all membership benefits provided by SASHI National, excluding the right to vote (if applicable).

b An individual may remain in Administrative Suspension only until the end of his/her current membership year. If administrative suspension cannot be removed for the individual at that time, his SASHI membership will not be renewed.

c The Membership Committee, Complaints Committee or SASHI staff will administer administrative Suspension upon the approval of the SASHI Board of Directors.

4.4.7 Verification

a All Candidates are required to perform inspections and produce reports in substantial conformity with the SASHI Standards and perform inspections and produce reports in substantial conformity with the SASHI Standards and to provide proof that a minimum of 10 inspections have been performed.

b A Candidate must complete a minimum of 10 inspection reports in order to meet the requirements for verification review.

c A “pre-verification” program offering a courtesy inspection report review is provided to Candidates on a voluntary basis. However, “pre-verification” does not meet the requirement of Candidate report verification.

d A survey of verifier performance is to be routinely completed by Candidates after their verification, as a way to monitor verifier performance.

4.4.8 Use of the phrase: “Certified Member”

SASHI Members are allowed to use the words “Certified Member” or not to use the words “Certified Member” as they individually choose.

4.4.9 Dues for Candidate Members/Members

The annual fee for Candidate Members/Members is set at R500. A once-off administrative fee may also become payable by a Candidate Member/Member should it prove practically necessary. Candidate Members/Members are entitled to receive a SASHI newsletter, special rates for SASHI publications, seminars and conferences, special advertising rates and special exhibitor rates (if applicable) and a listing in the membership directory. Candidate Members/Members are permitted to use the SASHI logo and may identify themselves as Candidate Members/Members of SASHI.

4.4.10 Dues for Affiliate members

The annual fee for Affiliate Members is set at R400 and Affiliate Members are entitled to receive a SASHI newsletter, Candidate Member rates for SASHI publications, seminars and conferences, special advertising rates and special exhibitor rates (if applicable) and a listing in the membership directory. A once-off administrative fee may also be payable by an Affiliated Member should it prove necessary. Affiliates are not permitted to use the SASHI logo, but may identify themselves as Affiliate Members of SASHI.

4.4.11 Dues for Past Presidents

Membership dues for Past Presidents and Vice-Presidents of SASHI are waived for life

4.4.12 Fiscal Year and Fees

The fiscal year-end is February 28. Collection of dues coincides with the fiscal year.

All new candidates pay current dues and fees, regardless of what month they join, and their renewal reflects a credit for the unused portion of their dues or fees for the past year.

A late fee will be imposed on renewing membership after a designated date.

4.4.13 Waiving of Membership Requirements

The Membership Committee has the authority to waive dues requirements for one year, in the case of medical hardships or other special instances. All cases are re-evaluated on an annual basis to determine if the waiver is still necessary.

4.4.14 Membership Reinstatement

a Any individual whose membership has lapsed for up to two years for reasons other than SASHI discipline may reinstate his membership provided that:

· All back and current dues and fees are paid;

· There have been no SASHI disciplinary actions or complaints about them during their absence.

b Those whose membership has lapsed for more than two years must re-apply for membership under the existing application process except that any waiting period will be waived.

4.4.15 Advisory Council

The Advisory Council exists in order to address franchises and multi-inspector bodies. The council consists of 1 Representative from those franchise and multi-inspector (more than 10) firms that choose to participate. Membership Committee members, Chapter Relations Committee members, SASHI Officers, and staff may also attend meetings of the Advisory Council.

4.4.16 Confidential reports

The Executive Committee may, as a matter of procedure, require that confidential reports be obtained on Applicants for its guidance.

4.5 Resignations from membership :

4.5.1 Any Member of the Society desirous of resigning shall advise the relevant Director thereof in writing. Until the resignation of a Member is accepted by the Executive Committee, who shall decide thereon within three (3) months, such Member shall remain bound by the conditions attached to membership

4.5.2 No resignation shall take effect until all monies due to the Society by the Member concerned have been paid. Unless notice of resignation is given before 28 February in any particular year, such Member shall be liable for the ensuing year’s subscription.

4.5.3 No Member may resign during any strike or lockout or other industrial action, but shall continue to be a Member during any such strike or lockout or other industrial action, and conform to and observe all the conditions and resolutions of the Society.

4.6 Insolvency / Assignment:

4.6.1 A Member shall ipso facto cease to be a Member if he/she:

4.6.1.1 is sequestrated or liquidated, whether provisionally or finally, by an Order of Court;

4.6.1.2 makes or agrees to make any assignment for the benefit of its creditors or enter into any trust or other deed or agreement for an arrangement with his/her creditors; or

4.6.1.3 takes the benefit of any statutory provisions for a compromise or arrangement with his/her creditors, or a winding-up or judicial management whether provisional or final as contemplated in the Companies Act (Act No. 61 of 1973) as amended from time to time.

4.6.2 Notwithstanding the provisions of sub-clause 4.6.1, a Member who ceases to be a Member in the circumstances detailed under sub-clause 4.6.1.2 or 4.6.1.3 may, on application, be re-admitted to membership by resolution of the majority present at a meeting of the Executive Committee on such terms and conditions as the Executive Committee may determine.

5 BOARD OF DIRECTORS

5.1 Purpose

There shall be a Board, which shall be the governing body of the Society.

5.2 Duties

The Board shall:

5.2.1 Have authority for and be responsible for the supervision, control and direction of the Society;

5.2.2 Establish administrative and fiscal policies governing the Society, including discharge of fiscal obligations and the designation of independent certified public accountants to audit all books of accounts for the current fiscal year;

5.2.3 Establish the requirements, rights and privileges and restrictions applicable to each class of membership, including use of SASHI’s name, acronym and logo, except as established by any Bylaws or Regulations;

5.2.4 With regard to chapters and regions, assume the responsibilities specified in any relevant additional Bylaws/Regulations;

5.2.5 Schedule the Annual Meeting;

5.2.6 Act on the President’s or the Vice President’s appointments to committee chairs;

5.2.7 Respond to recommendations of the Council;

5.2.8 Plan for and devise measures for the Society’s development;

5.2.9 Perform such other duties as are specified in SASHI’s additional Bylaws and/or Regulations.

5.3 Executive Director

The Board shall, on behalf of the Society, retain an Executive Director, who for the first three year term shall be the founder of the Society, GMR Lourens. The Executive Director shall be an ex-officio member of the Board in the capacity of Vice-President and of the Council in the capacity of Alternate Speaker for the duration of his employment.

5.3.1 The Executive Director shall be employed for a minimum 3 year term and shall be empowered in all respects to carry out the day to day running of the Society and perform such duties as may be specified in any additional Bylaws and/or Regulations or as may be assigned by the Board, including fiscal management and adherence to the approved budget, appointments and dismissals, operations, administration, marketing, and suchlike.

5.3.2 The Executive Director shall be empowered to set up and maintain the Head Office of the Society as he deems fit with the necessary personnel and office organisation, as well as any further regional offices that he may deem necessary in the effective running of the Society’s activities.

5.4 Composition of the Board

The Board shall consist of 8 voting members: 5 directors and 3 officers.

5.4.1 Past presidents, other than the immediate past president, are lifetime ex-officio members of the Board.

5.4.2 Past presidents shall not be ex-officio members of the Board while serving as a Council Representative, National Officer or Director.

5.4.3 The Executive Director shall be an ex-officio member of the Board in the capacity of Vice-President.

5.5 Vacancies

If a vacancy other than the officers shall occur, the position shall be filled by the Council for the un-expired portion of the term. Vacancies occurring among the officers shall be filled as provided for by the Board or in any further Bylaws or Regulations.

5.6 Meetings

The Board shall meet together at whatever times and places as may be specified by the Executive Director, but at least once annually. Such regular meetings shall be called by the Executive Director with notice.

5.6.1 Special Board meetings in addition may, with reasonable notice, be called by the Executive Director pursuant to and within 7 days of the Executive Director’s receiving such written request from not less than 75 percent of the Board.

5.6.2 Special Board meetings in addition shall, with reasonable notice, be called by the Executive Director within 7 days and to occur within 60 days of the Executive Director’s receiving a valid petition pursuant to Section 6.8.

5.6.3 The Board may in addition meet via telephone conference call.

5.6.4 Provided a quorum of the members is present or participating, a majority of the Board is necessary to make a decision except where some other number is required by law or by the Bylaws or Regulations.

5.6.5 Absentia voting and result determination shall be conducted in accordance with company laws of South Africa.

5.6.6 Proxy voting is not permitted at Board meetings.

5.7 Quorum

A majority of members of the Board, including the presence of the President, President- Elect or Vice President / Executive Director, shall constitute a quorum.

5.8 Removal of a Director.

A director may be removed from office for good cause by a majority vote of the Council. A directorship so vacated shall be immediately filled by the Council alternate who shall serve the remaining term of the removed director.

5.9 Meeting Attendance

Officers or Directors who fail to attend three of any five consecutive meetings may be suspended by a two-thirds vote of the Board of Directors.

5.10 Meeting Notice

a Adequate notice for each Member meeting shall be 45 days.

b When possible, the Board of Directors meetings shall be scheduled for a Saturday or Sunday.

c The Board books shall be distributed to the Board, Ex-Officio Members of the Board, Speaker of the Council and Legal Counsel only.

5.11 Participation in Discussions

a The Speaker of the Council of Representatives and the Board Alternate will be allowed to participate in Board discussions by invitation of the Executive Director.

b The Board or Director Alternate will attend each Board meeting as an invited guest.

5.12 Minutes of Board Meetings

a Draft minutes of all Board meetings shall be distributed to Board members within two weeks of each meeting. Board members will be reminded that these draft minutes are not for distribution.

b Final minutes of all Board meeting shall be distributed by staff to the board, the Council of Representatives, Past Presidents and committee chairs, in the Board agenda book prior to the following meeting.

5.13 Meetings

The South African Flag is to be present in the Board meeting room properly displayed and posted.

6 COUNCIL OF REPRESENTATIVES

6.1 Purpose.

The Society shall have a Council of Representatives (the Council) to provide Members with a representative vehicle to participate in the governance of the Society and to communicate with its leadership.

6.2 Duties.

6.2.1 The Council shall elect the non-officer members of the Board.

6.2.2 The Council may make presentations or proposals to the Board to convey its particular concerns or to request certain action.

6.2.3 The Council shall perform any other duties specified by any Bylaws or Regulations of the Society.

6.3 Composition

The Council shall be composed of Members designated for minimum terms of two years by recognized chapters eligible for representation and approved non-affiliated groups.

6.3.1 Recognized chapters are those approved by the Board.

6.3.2 Council representation may be established by groups of voting Members of the Society who are not affiliated with a chapter eligible for representation. A minimum of 10 such Members in good standing shall sign and submit to SASHI an approved petition form by a date specified by the Board for consideration and action by the Board.

6.3.3 The number of Council representatives shall be determined according to the number of Members of the chapter or non-affiliated group, as follows: 10–35 voting Members, one representative; 36-70 voting Members, two representatives, for each additional 35 voting Members beyond 71, one representative, with a cap of five representatives.

6.3.4 The chapter and groups (if any) shall notify SASHI of the names of representatives and optional alternates for each representative in a manner and at a time designated by the Board.

6.4 Organization

The Council shall organize itself to carry out its duties and to exercise its designated powers. Representatives shall elect by plurality vote from among themselves a Speaker and an Alternate Speaker. The Speaker shall preside over all Council meetings. In the Speaker’s absence, the Alternate Speaker shall preside.

6.5 Election of Directors to the Board

The Council shall elect 5 members from among themselves to the Board. Two directors will be elected annually by plurality vote for three-year terms. One alternate will also be elected annually for a one year term. Terms of office shall coincide with those of the officer-members of the Board.

6.5.1 Nominees shall be Members in good standing who have served a minimum of one year on the Council.

6.5.2 Council members so elected shall not continue to serve on the Council during their term as director. The affected Chapters and non-affiliated groups may fill the vacancies this creates.

6.5.3 When an alternate serves on the Board for a period of less than two years, he shall remain eligible for nomination by the Council to the Board for the succeeding term.

7.9 Society Property

a The Secretary shall deliver to his/her successor within one month after the Annual Meeting all Society property in his/her possession.

b All officers except the Secretary and Treasurer shall, on expiration of their terms, surrender all property in their possession belonging to their respective offices to the newly elected President.

7.10 Spokesperson Training

SASHI funds may be used to prepare the SASHI President and/or Executive Director to become proper public speakers and spokespeople for the Society.

8 OFFICER NOMINATION AND ELECTIONS

8.1 Nominating Committee Purpose

The objective of the Nominating Committee (Committee) is to identify and name candidates who meet SASHI’s leadership requirements for the offices of Vice President, Secretary and Treasurer.

8.2 Nominating Committee Composition

a The chair is a past officer, appointed by the Executive Director and approved by the Board.

b The remainder of the Committee Members are selected by the Council of Representatives from among themselves by election, by October 30^th.

c An alternate shall be appointed by the Speaker to serve if another Member is unavailable.

8.3 Nominating Committee Meetings

All meetings of the Committee shall be attended by and advised by the Executive Director or another staff member that he/she may appoint.

8.4 Confidentiality of Meetings

All contents, discussions, and documents of the meetings and their results are strictly confidential.

8.5 Nominating Committee Operations

a The Committee may interview candidates at its discretion.

b The Chairman votes only to break a tie.

8.6 Nominating Process

8.6.1 Nominees

a Any Member may nominate another Member or him/herself.

b All candidates for nomination must agree to serve and provide all relevant.

c All Petition Candidates are to complete and submit a Nomination Form prior to the official election.

d All Nominees are to acknowledge and sign that they understand and agree to perform the duties required if they are elected.

e Any candidate for Officer position must disclose whether or not he/she has been admonished by the Board of Directors or found guilty of a SASHI complaint violation.

f A Member may not hold more than one office (except as noted in exceptional circumstances by the President and/or the Executive Director).

g Members of the Nominating Committee who are proposed as nominees and accept shall resign from the Committee immediately.

h The Committee may contact individuals to inquire about their interest in serving.

i Staff will verify that all prospective nominees:

· Have agreed to serve, in writing, and

· Are Members in good standing of SASHI.

j The proposals shall be forwarded to all nominees and Candidates for office, with a letter thanking them for their willingness to serve within 5 business days following establishment of the final list of nominees. Staff will provide each Candidate for office with a copy of the any relevant policies and procedures concerning campaigning and elections.

8.6.2 Petitions

a A valid petition containing the names of a minimum of 10 % of the then in good standing SASHI Members submitted to SASHI head office shall cause the name of the qualified Member to be added to the ballot as a Candidate for a specified (named) office.

b Petitions must be presented in writing and requires the name (printed) and the signature of each petitioner, as well as the office in which the petitioner would serve, if elected.

c The form must be received by mail of fax at head office at least 10 days prior to the distribution of the ballots.

d Staff will verify the validity of the petition prior to placing the name of a Candidate for office on the ballot.

8.7 Election Process

a The terms “ballot” “ballots” or “balloting” refer to both paper and electronic means.

b The deadline for ballot return shall be 35 days after mailing unless otherwise specified by the Board of Directors. Ballots must be received where designated by the defined deadline. Postmark dates will not be considered.

c Balloting shall be conducted in such a manner as to maintain the confidentiality of the ballots.

8.8 Balloting

a Ballots shall be prepared by staff and approved by the Secretary.

b Ballots are made available to all voting Members in good standing as of the date the election begins.

c Members shall be provided the option to return their vote either electronically or by mail, when the electronic option is available.

d Only one method of voting can be used by the Member. In cases of a double vote, only the ballot submitted by mail will be counted.

e Mailed ballots shall include an addressed return envelope to be signed by the Member with space for the Member’s name and membership number to be clearly written. Instructions for completion should be included.

f Online ballots shall be provided in such a manner to allow only the eligible voting Member secure and confidential access.

g Determination shall be made that the number of ballots should meet a 30 % minimum response requirement.

h Ballots shall be tabulated under the direction of the Executive Director and/or the Secretary. In cases where the ballots are received and tabulated at Head Office, any member may unofficially observe.

i The Executive Director has the authority to hire an outside vendor with the Secretary overseeing all balloting to send, receive, calculate and tabulate the results of the electronic/paper ballots if the vote is conducted by an outside vendor.

j Prior to opening mailed ballots, the Member’s name as presented on the outside of the envelope shall be marked off on a printed list of Members.

k Ballots submitted electronically must be checked to verify the eligibility of the voter.

l Upon conclusion of the voting deadline, a final check will be made between the lists of Members voting electronically and those voting by mail for multiple votes or other discrepancies.

m Ballots returned by mail shall be separated by vote into groups of 20 and counted a minimum of two times.

n A final tabulation report of both electronic and mailed ballots must be provided to the Executive Director by the designated vendor or staff no later than 24-48 hours after the published close of the voting period.

o Envelopes, ballots, electronic ballot tabulation and the list of Members shall be retained in heard office for 90 days after the deadline for return, and then destroyed. In the event of a challenge, materials shall be retained until the Board directs their disposal.

p In the event of minor technical flaws on a ballot, the Members right to vote shall be given the benefit of the doubt. For example, a ballot envelope with no name or signature on the outside should be accepted if the Member’s name and signature are written on the ballot itself. Ballots without member numbers should be accepted.

q Envelopes with no name shall be opened to determine if the ballot can be determined to be valid or if the envelope contains material unrelated to the election.

r Ballots without names or signatures shall be marked as invalid and retained with envelopes. They shall be destroyed along with the other material listed in o. above.

s Faxed ballots shall be accepted.

t Ballots delivered by the designated date (in the supplied envelope) by other means such as by hand or courier of other delivery service shall be accepted.

u The Secretary may personally verify the count of the mailed ballots, or may choose to accept the written report of the Executive Director as verification.

8.9 Announcement of Results

a Results of any ballot voting shall be kept confidential by staff and others until declared official by the Secretary who shall notify the Executive Director and the President. The President or Executive Director shall notify all Candidates of the results.

b In the event of questionable or uncertain circumstances surrounding the election, balloting, or counting of ballots, the results shall be kept unofficial and confidential. The Secretary shall consult SASHI’s legal counsel for guidance and, as appropriate, seek direction from the Election Committee.

c Balloting results shall be published in the SASHI newsletter and may be announced by any other means such as letter, membership newsletter or electronic media by the Executive Director.

d Election candidates shall not be notified of the count, unless a formal challenge is submitted and the Board of Directors approves the count to be released.

8.10 Campaigning

a Campaigning positively by or about any candidate is permissible, as long as no SASHI assets are used.

b Staff Nominating committee and Election Committee Members shall not participate in campaigning.

c Candidates may purchase mailing labels or lists from Head Office.

d Negative campaigning (against candidates or nominees) is not permitted. The Election Committee should preview campaign statements or materials in advance if there is any uncertainty about the appropriateness of their contents.

e Any relevant Election and Campaign policies shall be published in a newsletter prior to the formation of a final list of candidates for an election.

8.11 Election Committee

a The Election Committee (Committee) consists of the Executive Director, Secretary and Treasurer. The Committee will serve until dissolved by the Board.

b The Committee shall oversee and supervise elections and campaigns and take appropriate action to insure that they are run in a fair and impartial manner.

c The Committee will immediately notify a candidate about a complaint lodged against him. Candidates will be allowed sufficient opportunity to present their positions and any other materials to the committee on any controversy before a decision is made, if feasible.

d The Committee shall investigate complaints from candidates in an election regarding campaign practices.

e The Committee may report its findings and recommendations to the Complaints Committee, if appropriate.

f Any candidate or campaigner shall provide to the Committee, upon request and within 24 hours, supporting documentation of campaign statements.

g The Committee shall investigate challenges to the outcome of an election and report its findings to the Board of Directors.

9 COMMITTEES

9.1 Standing Committees

All standing committees shall have a minimum of three members, including a chairperson appointed by the Executive Director, unless otherwise noted herein. The Executive Director may terminate membership on any standing committee except the Nominating Committee. Each standing committee shall perform the duties ascribed to it or further set out in any relevant Bylaws or Regulations and such other duties as may be directed by the Board. The standing committees shall be appointed at or immediately after each Annual Meeting to serve until the next Annual meeting or until their respective successors are appointed. The standing committees are:

9.1.1 The Nominating Committee shall select annually, for election by the voting Members of the Society, one or more nominees for each of the following offices: President-Elect, Vice President, Secretary, and Treasurer, in accordance with procedures established by the Board.

a The Nominating Committee shall consist of a chair, who shall be a past officer appointed by the Executive Director to the Board, and 4 additional members selected by the Council from among themselves. The chair shall vote only to break a tie.

b An alternate member of the Nominating Committee shall be appointed by the Speaker of the Council and shall serve in the event of unavailability of any member.

9.1.2 The Membership Committee shall establish qualifications for all classifications of membership, subject to the approval of the Board and to conformance with the Bylaws. The committee shall evaluate all applications for membership and all Candidates for satisfaction of these qualifications.

9.1.3 The Complaints Committee shall review any complaints received against Members, Affiliates and Friends, regarding alleged violations of the Code of Ethics, the Bylaws, Policies, the Standards of Practice, and other rules, as applicable.

9.1.4 The Bylaws Committee shall, when advisable, prepare proposed Bylaws of the Society and/or amendments thereto. It shall also counsel on interpretations of the Bylaws and on policy conflicts with the Bylaws.

9.1.5 The Finance Committee shall be responsible for the financial planning and policies of the Society, including the annual budget. The Treasurer shall serve as chairperson.

9.1.6 The Standards Committee shall develop and maintain recommended inspection standards in accordance with procedures adopted by the Board.

9.2 Other Standing Committees

The Board may establish other standing committees with defined purpose. Such committees shall be subject to all the same conditions common to standing committees.

9.3 Special Committees

The President or Executive Director from time to time may establish such special committees as it deems necessary. The composition and charge of special committees, including the appointment and service of their members shall be determined by the Board. The tenure of such committees shall be through completion of their charge or as otherwise specified by the President or Executive Director.

9.4 Closing Complaints

Where a complaint is disposed of, the complainant and the accused will be so notified in writing by the Director of Compliance. The matter will then be marked “closed.”

9.5 Ethics Committee

The SASHI Code of Ethics Committee handles all of the matters associated with the Code of Ethics other than complaints, which are the jurisdiction of other committees. It consists of the President, Executive Director, Secretary and Treasurer.

10 FINANCE

10.1 SASHI National Dues

a Dues and other administrative fees are payable in full in advance on the first day of SASHI’s fiscal year or such other date as the Board may designate. Dues and other administrative fees for new Members, Affiliates and Candidates which are for a portion of the year, shall be payable in full in advance according to a schedule approved by the Board.

b The pro-rated dues policy for new Candidates shall also be payable according to a schedule approved by the Board.

c Membership dues for all Past Presidents are waived for life.

10.2 Affiliate Member Dues

Affiliate membership, booth space, sponsorships, and/or advertising at any SASHI event or in any SASHI publication is limited to those persons or organizations that are not membership organizations or associations for home inspectors. Deviation from this policy may occur only upon approval by the Executive Director after submission of a written request.

10.3 Fiscal Year

The SASHI fiscal year-end is February 28. The dues collection date coincides with the fiscal year end.

10.4 Disbursement of Funds by Executive Director

Checks for approved disbursement of funds may be signed by the Executive Director if for an amount less than R50 000 and/or determined from time to time by the Board of Directors. Otherwise, two signatures will be required on the check, one of which must be that of the President and the other the Executive Director.

10.5 Selection of Banking Institutions

The President and/or the Executive Director have authority to approve new banking institutions for the Society’s checking, savings, investments, loans and other financial accounts, and all routine banking motions and resolutions required by these institutions are considered approved.

10.6 Investment of Reserves

a The financial reserves of SASHI shall be invested at the direction of the Treasurer and the Finance Committee.

b No withdrawal of SASHI reserve funds is allowed from any financial institution holding SASHI deposits without the express written approval of either the Executive Director or the President and the acknowledgement thereof by the Treasurer.

10.7 Payoff of Mortgage

Should membership dues so allow, the expenditure is approved of an amount required each year over the next twenty years toward a mortgage on the Head Office property (yet to be finalised in terms of purchase price and location).

10.8 Distribution of Banking Financial Statements

Monthly financial statements will be distributed to the Treasurer, and quarterly reports to the Board of Directors and Council of Representatives.

10.9 Renewal of Contracts

All renewal contract proposals must include and explanation of all changes made in the proposed contract from the current, approved contract.

10.10 Annual Audit

At the end of each fiscal year, the Treasurer shall recommend a certified public accountant who shall audit the books of the Society and who shall oversee the filing of the annual tax returns.

10.11 Contract Negotiation

The Finance Committee has the authority to negotiate and implement contracts and royalty fees regarding the re-sale of SASHI’s Intellectual Property.

10.11.1 The maximum annual subscription payable by Members shall be
R500.00 (FIVE HUNDRED RAND) excluding VAT if applicable, subject to increase upon recommendation if determined necessary by the Executive Director in the light of current financial circumstances.

10.11.2 The Executive Committee, upon direction from the Executive Director, shall from time to time determine the annual subscription payable by different classes of membership. In determining the amounts payable the Executive Committee shall be entitled to differentiate between different classes of members and members for whom limited services are provided

10.11.3 Annual subscriptions shall be payable in advance on or before 1 January in each year.

10.11.4 Any party admitted to membership of the Society shall, on admission, in addition to any enrolment fee which may be payable, be liable for payment of one-twelfth (1/12) of the annual subscription in respect of each complete calendar month of membership which it will enjoy during the remainder of the Financial Year ending on the last day of February.

10.11.5 A Member, whose subscription is in arrear in any year, shall be suspended from any rights of membership, unless the Executive Committee decides otherwise.

10.11.6 Should any Member’s subscription be in arrears in any year, such Member, without prejudice to the Society’s right to recover arrear subscriptions, shall ipso facto cease to be a Member, unless the Executive Committee determines otherwise.

11 ANNUAL GENERAL MEETING

11.1 Annual Meetings

The Annual General Meeting of the Society shall be held each year within three (3) months of the end of the Financial Year. The place, date and hour of the Annual Meeting shall be designated by the Executive Director.

11.2 Special Meetings

Special General Meetings shall be held, as and when considered necessary by a majority of the Executive Committee present, or at the request in writing of not less than five (5) Members of the Society in good standing. The place, date, and hour of any Special Meeting shall be determined by the Executive Director.

11.3 Notice

Not less than fourteen (14) days written notice of an Annual General Meeting, and not less than seven (7) days written notice of a General or Special Meeting, shall be given to all members by the Director stating the subject to be discussed. The notice must include a description of the business to be discussed.

11.4 Quorum

The quorum for any General Meeting shall be ten percent (10%) of the total membership in good standing. If after thirty (30) minutes of the time fixed for the meeting a quorum is not present, such meeting shall stand adjourned to the same day in the week following (and if that day is a public holiday then to the next succeeding working day) at the same time and place or to such other date and on such notice as the Executive Director may determine. At such adjourned meeting, of which written notice shall be given, the Members present shall form a quorum.

12.5 Requirements for Chapter Formation

The primary requirement for chapter formation is that there be at least three SASHI Members petitioning for chapter formation, with the expectation that the chapter will gain at least ten Members within two years of chapter formation. The three initial Members must represent three separate inspection businesses.

12.6 Chapter Formation

a Groups of Members wishing to become chapters shall notify SASHI National and specifically the President and Executive Director and shall maintain contact as needed for advice and information. Any application for chapter formation shall include a list of the Members and Candidates, along with the geographical area the chapter intends to serve.

b The Executive Director will review the request to determine if granting chapter status is in the best interest of the South African Society of Home Inspectors. Upon completion of the review, the Executive Director shall make one of the following recommendations to the Board of Directors:

1 For its official acceptance and recognition

2 For its rejection of recognition

3 For conditional acceptance and recognition

c If the Board of Directors accepts recommendation for conditional acceptance and recognition, the Executive Director shall maintain jurisdiction over the chapter application.

12.7 Special Interest Groups

a Participants of any such groups formed by an SASHI Chapter, under its auspices, or claiming a relationship with an official SASHI Chapter, must be Candidates or Members of SASHI, in compliance with any relevant SASHI Bylaws.

b Such special interest groups must identify themselves as a subset of the related official SASHI Chapter; e.g. “Hotel Inspections SIG of the Western Cape Chapter of SASHI.”

c Individuals who are not SASHI members and who are participating in such special interest groups are granted a six-month grace period in which to join SASHI. Should individuals decline to become SASHI members during this time, the related chapter must disband the special interest group.

12.8 Chapter Incorporation

All SASHI chapters must be incorporated to reduce potential liability which may be incurred by the chapter officers or others acting on behalf of the chapter.

12.9 Chapter Bylaws and Rules (Chapter Operations)

a All chapters, new and existing, shall adopt chapter bylaws and/or maintain a chapter policy manual listing operating rules and procedures.

b Chapter business meetings shall be governed according to South African company law.

c No chapter bylaw, rule, or procedure shall be in actual or implied conflict with SASHI constitution, Bylaws or policies.

d All requirements contained in SASHI’s Constitution, Bylaws or Board directives pertaining to chapters shall be included in the chapter’s bylaws, rules or procedures.

12.10 Chapter Finances

a Each chapter may levy dues to its Members, and may charge an administrative fee to Candidates who choose to associate with the chapter.

b Each chapter is solely responsible for meeting its own tax obligations.

c Chapters shall establish and maintain accurate accounting records according to generally accepted accounting procedures (GAAP).

12.11 Chapter Handling of Complaints

Chapters shall not implement separate disciplinary procedures, as this is the exclusive jurisdiction of SASHI. All complaints about violations of the SASHI Code of Ethics must be submitted to SASHI (for attention “The Executive Director”).

12.12 Chapter Viability

a The Executive Director shall review the viability and compliance of any chapter. In cases where chapter membership falls below five Members and which also fails to significantly increase membership for a period of two years, the Executive Director shall make a recommendation as to the future status of the chapter to the SASHI Board of Directors. The Executive Director shall apply a minimum set of criteria to measure SASHI Chapter viability on an annual basis.

b The Executive Director will review all complaints against SASHI chapters and will provide recommendations to the SASHI Board of Directors for appropriate action.

12.13 Use of the SASHI Name and Logo

a SASHI policy allows SASHI chapters to use the SASHI name and logo in their published materials, but SASHI retains the right to regulate all such uses.

b All official publications of SASHI chapters carrying the SASHI name or logo shall be subject to review by SASHI National for conformance with SASHI’s Bylaws, policies, and official positions as warranted.

c A preliminary draft of any and all promotional materials produced or disseminated by a chapter or chapter subgroup that include 1) membership lists and 2) the SASHI name or logo shall be submitted to SASHI for review prior to publication (for attention “The Executive Director”).

d The SASHI logo shall not be altered in any manner when used in any chapter promotional materials.

e All Published lists of Members or Candidates must include the following statement: “All SASHI Members or others permitted to use the SASHI logo may not be listed in this document.”

f When providing information about inspections, the Standards of Practice, the Code of Ethics, etc., SASHI Chapters should, as feasible, use the regularly updated official statements representing SASHI’s position as provided by the President and or Executive Director, and otherwise conform to SASHI’s policies and official positions.

g Any information beyond official SASHI statements as provided must be general in nature and avoid making any performance statements that go beyond those mandated by the Standards of Practice and Code of Ethics. Individual SASHI Members and Candidates use significantly differing procedures. This diversity needs to be accommodated in any SASHI Chapter promotional material.

h Any lists of chapter Members or Candidates utilizing the SASHI name or logo may not include any other individuals that are not qualified as SASHI Members or Candidates. Each listed individual ‘s status in SASHI should be indicated.

i Individuals have the right to be excluded from any promotional list, if desired by the individual.

j Any SASHI chapter subgroup must have its publications reviewed by the chapter as a preliminary check for conformance with SASHI policy.

k All SAHI membership in the geographical area targeted by promotional publications should be afforded the opportunity to participate in the publication.

l Any charges to participants in promotional publications must be structured to prevent any appearance of being exclusionary.

12.14 Chapter PI Insurance

a SASHI will arrange for, at each Chapter’s own expense, PI insurance to all recognized Chapters and their directors.

b Coverage will be included under the limits maintained by SASHI, as approved by the Board of Directors.

c Coverage will be subject to underwriting criteria established by SASHI’s authorized underwriter.

d Coverage may not differ among Chapters.

12.15 Chapter use of SASHI Display Material

SASHI chapters in good standing may rent SASHI display (“expo”) material at cost of transport with a R1500 damage deposit and transport insurance.

13 USE OF THE LOGO AND NAME OF THE SOUTH AFRICAN SOCIETY OF HOME INSPECTORS (SASHI)

13.1 The logo and name of the South African Society of Home Inspectors are the assets of the South African Society of Home Inspectors.

13.2 The use of the logo and name is regulated solely by the stated Policies of the President and/or Executive Director as approved by the Board of Directors.

13.3 No Member, Candidate, other individual or group has any right to the use of the SASHI logo or name except as stated in this Policy from time to time.

13.4 Compliance with this policy is mandatory for any individual who accepts the privilege of using the SASHI logo or name.

13.5 SASHI’s policy shall govern the use of the SASHI logo and name by SASHI Members and Candidates.

13.6 The restrictions in this policy do not apply to use by the staff of the South African Society of Home Inspectors, or official use by the South African Society of Home Inspectors, or the appropriate use by its approved Chapters.

14 HARASSMENT POLICIES

14.1 Membership against Staff

SASHI prohibits harassment between its membership and staff on the basis of sex, race, colour, national origin, religion, marital status, citizenship, disability, sexual orientation and other personal characteristics. Harassment includes making derogatory remarks about such characteristics, making “jokes” about ethnic or other groups, and other verbal, physical and visual behaviour. It is SASHI’s policy to comply with all applicable law on this subject.

Sexual harassment is also prohibited. Propositions, repeated requests for dates, dirty jokes, sexually provocative pictures, inappropriate emails and other verbal, physical and visual harassment are prohibited. No one in membership shall threaten or insinuate, either expressly or implicitly, that a staff member’s refusal to submit to sexual advances will adversely affect that person’s employment, work status, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development. Similarly, no staff member shall promise, imply, or grant any preferential treatment in connection with a member/volunteer engaging in sexual conduct. No member or candidate shall undertake conduct of a sexual nature that unreasonably interferes with a staff member’s work performance or creates an intimidating, hostile or offensive working environment.

Any staff member (the “Complainant”) who believes he or she is a victim of sexual or other harassment by the membership shall file a complaint to the Executive Director. A written complaint is preferred although a verbal complaint is acceptable.

Any staff person who makes a complaint of harassment or provides information related to such complaints will be protected against retaliation.

A complaint shall be investigated by the Executive Director. The investigation shall be handled promptly, thoroughly and impartially. The Executive Director will undertake immediate measures before completing the investigation and thereafter to insure that other harassment does not occur. The Executive Director has 1 of 3 options:

1 Find the complaint is of not merit and so inform the complainant, or

2 Find the complaint is relatively minor and informally remedy the situation but only if with the consent of the complainant, or

3 Contact the President for the appointment of three (3) SASHI members who will serve as a Special Harassment Panel (SHP). The SHP shall hold a hearing in person or by telephone. The accused shall be given written charges and notice of the hearing of at least 15 days in advance of the hearing. Both the complainant and the accused shall have the opportunity to present any testimony or information they wish to the SHP. The Executive Director may also offer his findings as a result of his investigation. Within ten (10) days after the hearing, the SHP shall render a written decision (more than 10 days if there are extenuating circumstances). The SHP decision may include a finding of no harassment; written, private censure; suspension of from 10 days to 18 months from membership; or expulsion from membership. The decision of the SHP can be appealed to the Board of Directors. During the time of pending appeal, the decision of the SHP remains in effect. A Board decision for discipline requires a 2/3rds vote of those present at a Board meeting.

SASHI shall take immediate and appropriate corrective action when it determines that harassment has occurred.

All complaints, investigations, and resulting discipline (if any) shall be and remain confidential to the extent feasible.

If the Executive Director claims harassment of himself by a member or Candidate, his/her complaint shall go directly to the President as set forth above.

14.2 Staff against Membership

SASHI prohibits harassment from its staff directed to anyone in the membership on the basis of sex, age, race, colour, national origin, religion, marital status, citizenship, disability, sexual orientation and other personal characteristics. Harassment includes making derogatory remarks about such characteristics, making “jokes” about ethnic or other groups, and other verbal, physical and visual behaviour. It is SASHI’s policy to comply with all applicable law on this subject.

Sexual harassment is also prohibited. Propositions, repeated requests for dates, dirty jokes, sexually provocative pictures, inappropriate emails and other verbal, physical and visual harassment are prohibited. No SASHI staff person shall threaten or insinuate, either expressly or implicitly, that a person in membership’s refusal to submit to sexual advances will adversely affect that person’s status or position in or with SASHI. Similarly, no person on SASHI’s staff shall promise, imply, or grant any preferential treatment in connection with a person in membership engaging in sexual conduct. No staff person shall undertake conduct of a sexual nature that unreasonably interferes with a relationship, status or position of a person in SASHI membership or creates in intimidating, hostile or offensive working environment.

Any person in membership (the “Complainant”) who believes he or she is a victim of sexual or other harassment by an SASHI staff person shall file a complaint to the Executive Director. A written complaint is preferred although a verbal complaint is acceptable.

Any person in membership who make a complaint of harassment or provides information related to such complaints will be protected against retaliation.

The Executive Director has 1 of 3 options:

1 Find the complaint is of no merit and so inform the complainant, or

2 Find the complaint is relatively minor and informally remedy the situation, or

3 Undertake disciplinary action against the employee consistent with the requirements of the employer/employee relationship, after the Executive Director’s consultation with the President.

SASHI shall take immediate and appropriate corrective action when it determines that harassment has occurred.

All complaints, investigations, and resulting discipline (if any) shall be and remain confidential to the extent feasible. Any complainant who is unsatisfied with the handling of the complaint by the Executive Director may contact the President. Any complaint regarding the above about the conduct of the Executive Director should be reported to the President for appropriate investigation.

15 BYLAWS, RULES AND DIRECTIVES

15.1 The Society may, for the purpose of regulating its affairs, frame Bylaws relating to procedural, administrative or disciplinary matters provided that such Bylaws shall not be inconsistent with the provisions of this Constitution or contrary to the Act, or any other South African law.

15.2 Unless otherwise provided, no Bylaw of the Society shall be framed, amended or rescinded except by a majority of not less than two-thirds (2/3) of those present at a General Meeting of the Society, and after fourteen (14) days notice by circular shall have been given of the intended change, such alteration to be specified in the notice convening the meeting.

15.3 The Board may also make rules and/or issue directives relating to tendering, contractual, procedural, administrative or disciplinary matters.

15.4 All Members shall make themselves conversant with, and shall ipso facto be bound by, the Bylaws and Policies and Procedures of the Society, whether the same may or may not have been signed by them.

16 CHANGE OF ADDRESS

Every Member shall notify the Director in writing of its postal address, and/or any other changes, within fourteen (14) days of the date on which the change took place.

17 ANNUAL CONFERENCE

17.1 Registration

a All Past Presidents and Executive Directors shall be allowed to attend the SASHI Annual Conference at no registration fee.

b Exhibitors are not allowed to attend conference sessions under the exhibitor fee.

c There shall be no complimentary conference registrations for SASHI membership who serve as presenters, speakers, moderators, roundtable leaders or conference committee Members.

d Conference badges shall be distinctly different from conference to conference.

e Affiliate membership of the Society shall be charged the discounted rate established by the conference chairman.

17.2 Speakers and programs

a All presenters, speakers and round table leaders shall be contracted.

b As much as is practical, all conference presenters and speakers shall be previewed by a Member of the conference committee.

17.3 Exhibitor qualification

Affiliate membership, booth space, sponsorships, and/or advertisement at any SASHI event or in any SASHI publication is limited to those persons or organizations that are not Member organizations or societies for home inspectors. Deviation form this policy may occur only upon approval by the President upon submission of a written request.

18 AWARDS

18.1 “SASHI” Award

a The “SASHI” Award recognizes an individual who has made exceptional and innovative contributions to the SASHI Membership.

b The recipient must be a SASHI Member who is dedicated to the goals and ideals of SASHI as stated in SASHI’s Code of Ethics and who has, as a Member, rendered outstanding contributions to SASHI for a minimum of one (1) year. Contributions consist of time, talent, or expertise that has been beneficial to the Society, its membership, and the general public, which SASHI ultimately serves.

c Nomination and notification of the “SASHI” Award will be published in the SASHI newsletter prior to the Annual Conference. All Members are encouraged to submit nominations for the “SASHI” Award. The nomination should include how the individual has contributed to SASHI, as well as other vital information as to why the individual should be considered for the award.

d Submissions received after established deadlines will not be accepted.

e The “SASHI” Award Committee, composed of the Executive Director and two Directors evaluates nominees. The two Directors on the committee are chosen by the SASHI President, with the President acting as chairman.

The recipient of the “SASHI” Award will be announced at the Annual Conference.

19 WEB SITE ADMINISTRATION

Web site content shall be chosen to provide support and services to SASHI Members, to attract potential Members, and to develop and support public awareness of SASHI in a manner consistent with SASHI’s mission. The general operation and relevant information shall be set out in the form of Procedures and Policies.

20 EXAMS

20.1 Use of Home Inspector Examination

Government and municipal regulatory agencies are permitted to use the National Home Inspector Examination (NHIE), managed by SASHI, as a qualification test for the purpose of meeting government or municipal regulatory requirements, provided the NHIE is administered by SASHI or its agent and the individual body agrees to accept SASHI’s pass/fail grading cut-off. SASHI as authorized license user of the NHIE retains all copy & design rights thereof on behalf of the author(s).

20.2 Administration and Maintenance of Required Examinations

a The SASHI Standards and Ethics Examination is maintained and administered by SASHI’s Education Committee which is chaired by the Executive Director.

b The National Home Inspector Examination is also maintained and administered by SASHI’s Education Committee.

20.3 Waiting Period

The waiting period between retakes of the SASHI Standards and Ethics Examination (if applicable) or the National Home Inspector Examination is 30 days.

20.4 Alternative Testing Method

The Membership Committee may provide an alternative testing method for those individuals with special testing needs (disability, foreign language or illness) as it deems appropriate.

20.5 Examination Requirements Met

Any individual who is currently a SASHI Member, regardless of when they became a Member, is considered to have met all the necessary SASHI examination requirements.

20.6 Discrimination

Neither the SASHI Standards and Ethics Examination (if applicable) nor the procedures by which it is administered shall discriminate against any person on basis of age, sex, race, color, creed, or geographic area or origin or employment. The focus of the examination must be strictly on evaluating knowledge and understanding of the Standards of Practice and Code of Ethics of examiners against a model of the qualifications of those who are already Members of the Society.

20.7 SASHI Home Inspector Training Curriculum

The SASHI endorsed Home Inspector Training Curriculum is available through SASHI only.

21 PUBLIC RELATIONS

21.1 Public Relations Materials

a The Executive Director or his/her designated PR Consultant will draft all press releases.

b Press releases will be reviewed and approved by the Executive Director prior to their release.

c The SASHI representative quoted in press releases will be either the current President or Executive Director.

d The PR Consultant will also write brochures and other promotional literature with review and approval procedures as above. Their graphic design and production will be coordinated with the Executive Director.

21.2 Distribution of PR Materials

SASHI approves the use of these materials as follows:

a Members may:

· Obtain press kits from Head Office (provided by the PR Office) and distribute them locally.

· Obtain SASHI press releases on computer diskettes from Head Office and customize them for local use.

· Purchase and distribute SASHI’s “marketing” brochures and “consumer information” pamphlets.

· Use the SASHI logo as approved by SASHI.

b Candidates may:

· Obtain and distribute SASHI’s “consumer information” pamphlets.

· Use the SASHI logo in a manner consistent with the SASHI Logo Use Policy

· NOT obtain or distribute SASHI’s “marketing” brochures”.

· NOT obtain SASHI’s press kit or press releases on diskette, but MAY request that SASHI press materials be sent to specific local media by the President or his/her PR.

21.3 Position Statements

a The President and the Executive Director will be responsible for developing and regularly updating a series of official statements representing SASHI’s position on a number of issues.

b These statements will be for use by those individuals authorized to speak to the media on SASHI’s behalf, namely the designated SASHI spokesperson, President, Executive Director, and PR consultant.

c These statements may also be distributed to SASHI Members upon request to assist them in handling their own media interviews. They will be cautioned, however, that they are not authorized to speak for SASHI.

21.4 Media Communications

a All inquiries from the media (reporters, producers, writers, researchers, etc.) should be forwarded directly to the Executive Director, whose job it is to provide all necessary information and to act as spokesperson as needed.

b When questions of a technical nature arise, callers may be referred by the Executive Director or his/her PR Consultant to SASHI’s official Spokesperson, depending upon availability and appropriateness at the time.

c Other SASHI Members may be selected by the Executive Director or his/her PR Consultant to serve as regional spokespersons.

d Comments on official SASHI policy not covered by the Position Statements will be restricted to the President and Executive Director, who will continue to serve as the primary national spokespersons.

e Calls will be screened by the Executive Director’s PR Consultant and directed to the Society President, Executive Director or regional spokesperson as appropriate.

22 REIMBURSEMENT

Volunteer Expenses

a SASHI shall reimburse reasonable and necessary transportation, lodging and meals up to R5000 and all other reasonable and necessary expenses for:

· Officers while on Society business.

· Directors and Council Speaker or Alternate while attending Board meetings.

· Committee Members attending their authorized committee meetings.

· In addition, phone and postage expenses only will be reimbursed for all of the above when incurred while conducting official SASHI business.

b The expenses of the Members of the Council of Representatives are the responsibility of Chapters and affiliated groups.

c All expenses incurred by Members of the Board of Directors or any other individuals must be submitted no later than 90 days from the date they are incurred or they will not be paid.

23 INDEMNIFICATION

23.1 No Member shall have any claim of whatsoever nature and howsoever arising against any officer, committee member or employee of the Society unless such claim arises from dishonesty, fraud, breach of trust, willful default or willful breach of duty.

23.2 The President, President-elect, the Vice-President, the Treasurer, the Executive Director, any Committee Member or other officer or employee of the Society shall be indemnified and held harmless by the Society against all costs, losses and expenses they may incur as a result of their carrying out the instructions of the Society, and it shall be the duty of the Executive Committee to pay out of the funds of the Society, all costs, losses and expenses which any such officer, Committee Member or employee may incur or become liable to pay by reason of any contract entered into, any act or omission done or omitted to be done in the discharge of their duties or in their capacity as such officer or employee, provided that the indemnity provided herein shall not apply to any costs, losses or expenses attributable to the dishonesty, fraud, breach of trust, willful default or willful breach of duty of any such officer, Committee Member or employee.

23.3 The President, President-elect, the Vice-President, the Treasurer, the Executive Director, any Committee Member or other officer or employee of the Society shall not be liable to any act or omission of any other officer, Committee Member or employee of the Society; or for any loss of expense suffered by the Society in consequence of any absence of, or any defect in, any title to any property acquired by order of the Executive Committee for or on behalf of the Society, or for any absence of, or defect in, any security upon which any of the monies of the Society shall be invested; or for any loss or damage arising from the insolvency or delictual act of any person with whom monies, securities or assets shall be deposited; or for any loss or damage occasioned by an error of judgement or oversight on the part of such officer, Committee Member or employee; or for any loss or damage occasioned by any advice given or recommendation made by such officer, Committee Member or employee; or for any such loss, damage or misfortune of whatsoever nature which shall happen in or in relation to the execution of his office or employment unless the same be attributable to their own dishonesty, fraud, breach of trust, wilful default or wilful breach of duty.

24 REPRESENTATION ON A BARGAINING COUNCIL

24.1 The Executive Committee may, after consultation with the Members of the Society, decide that the Society shall become a party to a Bargaining Council established in terms of the Act.

24.2 The Society’s representatives on any such Council shall be nominated by the Board of Directors and shall be elected each year by the Board of Directors.

24.3 Representatives on a Bargaining Council may be removed by the Board of Directors, and may resign giving one (1) month’s notice to the Board of Directors or such notice as may be prescribed in the Constitution of the Bargaining Council.

24.4 All vacancies caused by any reason whatsoever shall be filled by the Board of Directors.

24.5 Representatives shall have full power to enter into agreements on behalf of the Society and such agreements shall not be subject to ratification by the Board of Directors or a General Meeting.

25 WINDING UP

25.1 The Society shall be wound up if at a ballot conducted in the manner prescribed in the Constitution, not less than three-fourths (3/4) of the number of members in good standing present at a General Meeting, vote in favour of a resolution that the Society be wound up or if for any reason the Society is unable to continue to function.

25.2 If a resolution for the winding up of the Society has been passed as provided in sub-clause 25.1., or if for any reason the Society is unable to continue to function and which cannot be remedied in terms of the Act, the following provisions shall apply :

25.2.1 The last appointed President of the Society, or if he is not available, the available Members of the last appointed Board of Directors of the Society, shall forthwith transmit to the Registrar of Labour Relations appointed in terms of the Act, a statement signed by him or them setting forth the resolution adopted or the reasons for the Society’s inability to continue to function, as the case may be, and the available members of the Society’s last appointed Board of Directors shall appoint a Liquidator to carry out the winding up. The Liquidator shall not be a member of the Society and shall be paid such fees as may be agreed upon between him and the said members of the Society’s last appointed Board of Directors, who were in good standing as at the date of dissolution. Should the parties fail to agree upon the fees to be paid, the said Registrar shall fix the basis on which the Liquidator shall be paid.

25.2.2 The Liquidator so appointed shall call upon the last appointed Office Bearers of the Society to deliver to him the Society’s books of accounts showing the Society’s assets and liabilities together with the Register of members showing for the twelve (12) months prior to the date on which the Resolution for winding up was passed or to the date as from which the Society was unable to continue to function, as the case may be, hereinafter referred to as the date of dissolution, the subscriptions paid by each member and his address as at the said date.

The Liquidator shall also call upon the said Office Bearers to hand over to him all unexpended funds of the Society and to deliver to him the Society’s assets and the documents necessary in order to liquidate the assets.

25.2.3 The Liquidator shall take the necessary steps to liquidate the debts of the Society from its unexpended funds and any other monies realised from any assets of the Society and if the said funds and monies are insufficient to pay all creditors after the Liquidator’s fees and the expenses of winding up have been met, the order in which creditors shall be paid shall, subject to the provisions of sub-clause 25.2.5., be the same as that prescribed in any law for the time being in force relating to the distribution of the assets of an insolvent estate, and the Liquidator’s fees and the expenses of winding up shall rank in order or preference as though he were a liquidator of an insolvent estate and as though the expenses were the costs of sequestration of an insolvent estate.

25.2.4 After payment of all debts in accordance with sub-clause 25.2.3, the remaining funds, if any, shall be distributed by the liquidator amongst the members, or in accordance with the wishes of the members, of the Society in good standing at the date of dissolution, in accordance with a formula as agreed upon by the members present at a General Meeting called in terms of sub-clause 25.1.

25.2.5 The liability of members shall for the purpose of this Clause be limited to the amount of subscriptions due by them to the Society in terms of this Constitution as at the date of dissolution.

25.2.6 After the payment of all the liabilities and assets that cannot be disposed of in accordance with the provisions of this clause shall be realised by the liquidator and the proceeds paid to the Commission For Conciliation Mediation And Arbitration in accordance with section 103 (5) of the Act.

26 AMENDMENTS

26.1 No provision of this Constitution shall be altered, added to or amended, nor any new provision adopted, except by the votes of three-fourths (3/4) of the Members present at a General Meeting of the Society and after seven (7) days notice shall have been given by circular of the proposed change and specified in the notice convening the meeting.

26.2 No amendments or additions shall have any force or effect until certified and registered in terms of Section 101(3) of the Act.