1 - Name and Head Office
1.1. The name of the Association shall be the Association of Specialised Kinesiologists, South Africa (ASKSA).
1.2. The head office of the Association will be situated at the office of the National Secretary.
2 - Management and Administration of ASKSA
2.1. ASKSA is an Association not for Gain
2.2. The Association shall be controlled by the Regional Committees (RC) and be administered and managed together with the National Committee. (NC)
3 - Legal Status
3.1. The Association is, and shall be, a separate legal entity, with the capacity to acquire rights and obligations and having perpetual succession.
3.2. All proceedings at law shall be brought by, or against, the Association in the name of the Association. The NC may authorise any person to act on behalf of the Association and to sign all such documents and to take all such steps as may be necessary in connection with any such proceedings.
4 - An Association not for Gain
Notwithstanding anything to the contrary herein contained:
4.1. The Association is not formed and does not exist for the purpose of carrying on any business that has for its object the acquisition of financial gain by the Association or its individual members.
4.2. The income and assets of the Association shall be applied solely towards the promotion of the aims for which it is established.
5 - Purpose of ASKSA
As set out in the Constitution the NC shall provide a representative professional Association for Specialised Kinesiologists.
6 - Members
6.1. Members shall be classified into the following three categories: Members, Student members or Affiliate members.
6.2. Where the term ‘member’ is used in any ASKSA documents it will be inferred that it shall mean any kind of member unless specifically mentioned otherwise.
6.3. As set out in the Constitution the NC shall;
6.3.1. determine membership based on the knowledge, learning and experience of Specialised Kinesiology techniques (Training Procedures and Standards, Schedule 1.2 and Scope of Practice, Schedule 2).
6.3.2. set Training Procedures and Standards (Schedule 1.2) by which the NC and the RC may decide membership.
6.3.3. communicate all relevant ASKSA business fully and timeously to its members.
7 - Application for membership
7.1 – Members
7.1.1 The Membership Application Form prescribed by the NC from time to time shall be completed by the applicant and submitted to the region together with the prescribed registration fee and annual subscription.
7.1.2 The RC may seek further information with regard to the application from the applicant, or from any other person, and may interview the applicant.
7.1.3 The RC may consider such application and may grant or reject the application and then inform the applicant thereof. If the application is rejected, all monies paid by the applicant shall be refunded.
7.1.4 If the application is granted, the RC shall after receipt of such papers, the registration fee and the annual subscription, admit the applicant as a Member and issue a Certificate of Membership. The date of admission as a Member shall be the date of receipt by the RC of such papers and payments.
7.2 – Student Members
7.2.1 Student members shall be persons who are enrolled with an ASKSA Endorsed School or Instructor (Schedule 3) for the purpose of completing a prescribed course in Specialised Kinesiology or any other approved course as may be considered valid by the NC. Student Membership may be granted as set out in Training Procedures and Standards (Schedule 1.2).
7.2.2 The student is invited by the RC to become a member upon receipt of details from an ASKSA Endorsed School or Instructor (Schedule 3) or, certified copies of course attendance.
7.2.3 Where a student has attended a course with a non ASKSA registered instructor, certified copies of course attendance are required.
7.2.4 The RC shall be entitled at any time for any valid reason to deprive a Student Member of her/his status as such, and to remove their name from the Roll of Student Members.
7.2.5 Every Student Member shall pay to ASKSA such registration fee as shall be determined from time to time by the RC, which shall not in any circumstances be refunded or credited to the Student Member.
7.2.6 A Student Member shall be entitled to attend Meetings of the RC, but shall not be entitled to vote at any such meetings or to be elected to a RC
7.2.7 A Student Member who wishes to become a MEMBER shall re-apply in terms here-of.
7.3 – Affiliate Members
7.3.1 Persons or associations who, in the opinion of the NC or a RC, are interested or closely associated with the development of Specialised Kinesiology, may become affiliate members. Such persons or body should apply for such membership and will, for administrative and financial purposes, follow the same rules as student members.
8 - Voting rights
As set out in the Constitution the NC shall;
8.1 Protect the rights of members, who have the right to elect the National and Regional Committees in properly held elections.
8.2 Every fully paid up member, other than Student or Affiliate members, shall be entitled to vote at any meeting.
9 - Disciplinary Issues
As set out in the Constitution the NC shall:
9.1 Regulate standards of conduct as described in the Rules and Regulations and discipline practitioners as per the Member’s Code, (Schedule 4) and the Disciplinary Code (Schedule 5).
9.2 This procedure is set out in the Disciplinary Code (Schedule 5).
9.3 The NC or any RC may institute an inquiry into any complaint, charge or allegation of unreasonable, improper or disgraceful conduct against any member.
9.4 The NC or any RC may, on finding the member concerned guilty of such misconduct, impose any of the penalties referred to in the Disciplinary Code. (Schedule 5)
10 - Fees
10.1 Members’ fees constitute the funds of ASKSA. These fees will include: registration fees and annual subscription fees and any other fees that the National Committee, together with the Regions, may deem necessary.
10.2 Fees established by the Regional Committees may only be proposed and/or altered by a vote. Notice of such an alteration, must be sent to all members of the Association not less than one month before the date of the Annual General Meeting. Adoption of such change is subject to consensus of the quorum.
11 - Finance
11.1 All fees payable in terms of the Rules and Regulations shall be paid to the credit of ASKSA and shall constitute the funds of the Association.
11.2 A percentage of the annual fees collected will be given over to the NC from each RC.
11.3 The NC and RC shall utilize these funds for defraying expenses incurred in connection with the performance of its functions.
11.4 The NC and RC may invest any monies not required for immediate use, and may establish such reserve funds and deposit such amounts therein as necessary or expedient.
11.5 Contributions, donations and all other monies received may be banked, invested and used for the purpose of the Association as determined by the NC and RC.
11.6 – The Association is entitled:
11.6.1 To purchase, hire, or otherwise acquire any movable or immovable property, and to erect buildings thereon, and to sell, improve, lease or otherwise deal with all or any of the property or assets of the Association.
11.6.2 To maintain and furnish offices, lecture rooms and any other facilities for use by the Association.
11.6.3 To open banking accounts and operate thereon.
11.6.4 To invest in recognised banking institutions, building societies, government or municipal stocks, any monies of the Association not required for immediate use.
11.6.5 To make money available for fellowship, study grants, travel allowances or awards of a similar nature, to members of the Association or such persons as the Committee may decide.
11.6.6 No member of the Association will have the right to pledge the credit of the Association.
11.6.7 The Association may raise funds as deemed necessary from time to time.
12 - Annual General Meetings and other Special Meetings
12.1. The Annual General Meeting (AGM) of the NC and all RC’s will be held annually at a place decided upon at the preceding Annual General Meeting or, in the absence of such decision, as arranged by the NC and the RC.
12.2. The meeting referred to above will be called the Annual General Meeting and all other general meetings shall be called Special Meetings.
12.3. No business shall be conducted at any AGM unless 30% of members are present, excluding student and affiliate members.
12.4. No business shall be conducted at any Special Meeting unless 30% of members are present excluding student and affiliate members.
12.5. Notice of an Annual General Meeting or Special Meeting must be given not less than 30 (thirty) days in advance.
12.6. All notices of abovementioned meetings shall be in writing, including e-mail and/or postal.
12.7. No business shall be conducted at a National Executive AGM unless one (1) member from each Region is present.
13 - Procedure for Annual General Meetings
13.1. Voting Procedure
13.1.1. 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 least 24 (twenty-four) hours before the commencement of the meeting.
13.1.2. Students and affiliate members are not entitled to vote.
13.1.3. Voting shall be by a show of hands unless otherwise agreed upon at the meeting.
13.1.4. All motions shall be considered binding upon all members, once ratified by a majority vote, with the exception of any alteration to the Constitution as set out therein.
13.1.5. The Chairperson may give a casting vote in all cases of equality.
13.1.6. The decision of the committee shall be binding on all members.
13.2. A financial report, which may include a balance sheet, will be submitted to the Annual General Meeting for approval.
13.3. The Chairperson will prepare an annual report on the general state of affairs of the Association for presentation at the AGM and circulation to all members.
14 - Officers
14.1 – The National Committee (NC):
14.1.1. The NC will consist of the elected national representatives of each Region as well as other members, as the NC may determine from time to time.
14.1.2. Only fully paid up members are eligible for election as committee members.
14.1.3. No student or affiliate members may be elected onto the National Committee.
14.1.4. The NC will consist of at least 4 officers and shall include a Chairperson, Vice- Chairperson, Treasurer, Secretary and such other appointments as the committee may deem to be necessary e.g. Membership Secretary.
14.1.5. The NC will elect the annual Chairperson by majority vote at its AGM.
14.1.6. The term of any one office for all officers shall be up to a maximum of 3 (three) consecutive years.
14.1.7. If a vacancy occurs prematurely for any office, a new officer shall be elected by a majority vote of the remaining NC.
14.1.8. The Officers of the NC may not be officers of any Regions but may serve in other capacities on such committees.
14.2 – The Regional Committees (RC)
14.2.1. The RC will consist of elected fully paid up members of ASKSA.
14.2.2. The officers of a Region will consist of at least 4 fully paid up members, who will include a Chairperson, Vice-Chairperson, Secretary and Treasurer, and any other members as the Regional Committee may deem necessary.
14.2.3. The administration of the Region will be managed by the RC of that region.
14.2.4. The RC will follow the Rules and Regulations that apply to the NC.
14.3 – The Training Committee (Standards Generating Body- SGB)
14.3.1. The Training Committee (TC/SGB) shall be set up by the NC to oversee and regulate the administration of all training matters as set out in Training Procedures and Standards. (Schedule 1.2)
14.3.2. The TC/SGB shall consist of at least 2 members of each Region. These members will be elected by each RC, at least one of whom will be an Instructor from that region. The TC shall consist of at least one instructor from each of the different listed Kinesiology Introductory courses as described in Schedule 1.2.
15 - Functions of the Committees
15.1. As set out in the Constitution the NC :
15.1.1. shall administrate the affairs of the Association in accordance with the laws of SA.
15.1.2. shall have the authority to do anything that will enable the attainment of the purpose of ASKSA, subject to the Constitution and these Rules and Regulations.
15.1.3. shall promote the welfare of its members.
15.2. A Chairperson of any committee will preside at all meetings.
15.3. A Vice Chairperson will assist the Chairperson in the performance of her/his duties and may preside at meetings or undertake other duties in her / his absence. Similarly, any of the officers may stand in for one another.
15.4. A Secretary and a Treasurer will carry out duties delegated to them by the NC.
15.5. A full record (the Record Book) of all meetings and proceedings of all meetings will be kept.
16 - Regions and Regional Committees
16.1. The NC shall at its discretion divide the country into geographical areas to be termed “Regions”.
16.2. The NC may add additional Regions or amend the boundaries of existing Regions as and when necessary.
16.3 – Structure of the Regions:
16.3.1. All members of the Association, as well as student members and affiliate members, will belong to a Region.
16.3.2. All fully paid up members of a Region will vote for the Regional Committee members of that Region.
16.3.3. A member is not precluded from applying for membership of another Region.
16.3.4. The NC may nominate a member who is resident within a defined Region to convene the inaugural meeting of a new Region.
16.3.5. The RC will follow the Rules and Regulations that apply to the NC
16.4. Dissolution of a Region
16.4.1. Should a Region decide that they can no longer operate in terms of the Constitution, they may apply to the NC for dissolution. Upon dissolution of a Region any funds pertaining to that Region must be transferred to the National Association.
17 - Committees
17.1. The NC and RC’s may from time to time establish such ad hoc Committees as they deem advisable and may in the same manner define the authority and duties of such Committees.
17.2. Ad Hoc Committees will cease to exist when their tasks have been completed.
17.3. Any such Committee may also be abolished at any time by a resolution of the NC or RC.
18 - Procedure for Changing the Rules and Regulations
18.1. Each member of the Association will be notified of an impending amendment, alteration or addition to the existing Rules and Regulations not less than 30 (thirty) days before the Annual General Meeting or a Special Meeting.
18.2. Any such amendment, alteration or addition shall not be deemed to be passed unless approved by 2/3 (two thirds) of the members present together with postal/email votes.
19 - Interpretation
19.1. In case of doubt as to the interpretation of the Rules and Regulations, the NC shall be the final arbiter and its decision shall be binding upon its members.
20 - Dissolution of ASKSA
20.1. If at any time it is resolved that ASKSA should be wound up, then the NC shall deal with the assets as follows:
20.1.1. Creditors’ claims will first have to be liquidated.
20.1.2. The balance of assets, whether in monetary form or otherwise, shall then be donated to an association which, in the opinion of the NC and the RC’s, has similar objectives to that of the Association and which is authorised to accept contributions.