Control Financiero

3.1 The Secretariat will be located as the council may from time to time determine. A change in the location is to be duly notified as soon as possible to all subscribed members.

4 MEMBERSHIP

4.1 Membership is open to persons who have served as court experts, and/or those persons in possession of specialist qualifications in any field of study and who have been practising in any particular area of activity for a number of years as the council may determine.

4.2 Members shall be such persons who have earned a recognised qualification in the speciality they practise and/or years of experience in the respective field of practice as the council may determine.

4.3 Every member shall pay a membership fee as determined by council and approved at a General Meeting. Fees shall be due initially at the first General Meeting and as approved at the same meeting. Fees should later fall due on the first day of January every year.

4.4 Applications for membership shall be addressed to the Secretary, and are to indicate the personal data together with the qualifications acquired in the field of professional practice and years of experience in the area of practice.

4.5 All applications received shall be produced by the Secretary for approval at the earliest Council Meeting.

4.6 When any application for membership is rejected by the Council the applicant may appeal to the general meeting. The appeal will then be taken up at the first scheduled or Extraordinary General Meeting.

4.7 Members shall not be responsible for liabilities incurred by the Association. 4.8 All members shall have vested voting rights.

5 GOVERNING BODY

5.1 The affairs of the Association shall be managed by the Council. The Council may exercise such powers as the Association so empowers it by statute and which by law or by statutes are not entrusted to it except through a General Meeting.

5.2 All due records of all financial transactions shall be kept and endorse as Council may from time to time determine.

5.3 Any member of Council may have access to the financial records at any time and register with Council any observations or certification within a reasonable time.

5.4 Every fully subscribed member shall be duly provided with a copy of this statute, and every member is obliged to ensure its possession. No

member shall be absolved from not observing the provisions of this statute or of any of the alterations that may from time to time be made. 5.5 Any member whose membership is to be terminated shall be entitled to

the reason for the termination. Such member shall have the right to defend his/her case at a pre-determined sitting of Council called for the purpose. Such member shall have the right to be assisted in the defence and produce witnesses as necessary.

5.6 If Council is unanimously satisfied that no further hearings are deemed necessary, Council may decide the issue by a majority of votes of its members present.

5.7 Any member whose membership is terminated on a decision of the Council may appeal against the decision to the General Meeting. Such an appeal shall be deliberated at the first scheduled or Extraordinary General Meeting.

6 COUNCIL OF THE ASSOCIATION

6.1 Council shall consist of seven (7) members.

6.2 The Officers of the Council shall be a President/Chairperson, Vice president, a Secretary and a Treasurer.

6.3 Officers and members of the Council shall hold office in an honorary capacity and shall not be personally responsible for any liability of the Association. 6.4 The above mentioned officers and the other members of Council shall in the first

instance be elected at the first General Meeting called for the purpose, and subsequently by postal ballot from among fully subscribed members.

6.5 All the members of Council shall hold office for two years. The President can only hold office for two consecutive terms. Any of the out-going members of Council may seek re-election.

6.6 The President may only be removed from office by majority vote taken at an ‘ad hoc’ General Meeting.

7.0 ELECTION OF COUNCIL

7.1 All members are eligible for election to the Council both as officers or as members.

7.2 The President shall be elected by a direct vote cast by the members, after a due proposal, and secondment, and on registration of acceptance of the proposed member.

7.3 The remaining officers and members of the Council shall be elected by a direct vote, and must be duly proposed and seconded, and their acceptance of nomination must be registered.

7.4 The Office of Vice-President, Secretary and Treasurer shall be assigned at the first Council Meeting following election.

7.5 The Secretary shall not less than thirty days prior to the holding of each Biennial General Meeting inform members that nominations for vacant positions of Council will be received.

7.6 Nominations of candidates for elections shall in the first instance be received in writing. The Council shall appoint an Electoral Commission appointed by Council from amongst members not being members of Council, and who are not standing for election.

7.7 Nominations of candidates for elections to fill the six vacancies on council shall be in writing and shall be received by the Electoral Commission,

formed of three members appointed by the Biennial General Meeting, within two weeks of the date of call for nominations by the Secretary.

7.8 Nomination forms shall be sent to the Electoral Commission by post addressed as indicated on the nomination forms. The forms shall be signed by two fully subscribed members. The nominated member shall sign a declaration of the willingness to stand for election and give a brief account of his activities related to the Association.

7.9 Nominations for Council officers and members other than the President shall be received concurrently.

7.10 Elections shall be held within two weeks from the closing date for nominations.

7.11 Every fully subscribed member is entitled to receive and to cast a non- transferable vote against each and every candidate standing for election. 7.12 Every ballot paper shall carry the signature of at least two of the electoral 7.13 The Electoral Commission shall give due notice to all members of the date, time and place determined by them for the sorting and counting of votes at which all members are entitled to attend.

7.14 Voting papers shall be in such form as the Council may determine but must at all times show the number of vacancies and positions to be filled. The names of the candidates and those of the members nominating them must also be indicated. Voting instructions should also be shown as may be necessary.

7.15 All voting papers must be received by the Electoral Commission not less than fourteen day before the Biennial General Meeting, in default of which they shall be treated as invalid.

7.16 Candidates who receive the highest number of votes shall be elected. The result of the ballot shall be circulated to members before the Biennial General Meeting, by the Electoral Commission.

7.17 In the event of an equality of votes for the position of President or member on Council, one or more secret ballots at which only such candidates shall compete, shall be taken at the General Meeting. Only fully subscribed members attending the meeting shall be entitle to vote.

7.18 The newly elected Council shall assume office following the official declaration of the results by the Electoral Commission, and shall hold its first meeting not later than 10 day after being elected.

7.19 The position of any member of Council shall be declared vacant if: a) the member submits a formal letter of resignation;

b) a member is absent from the meetings of the Council for six months Without due justification acceptable to Council;

c) a member ceases as member of the Association;

d) a member is removed in terms of the provisions of this Statute.

7.20 Association may remove from office any member of the Council before the expiration of his period of office only if a formal motion is presented and notified to members. Removal from office shall only be effected if the motion is carried by a two thirds majority of members voting at a General Meeting. 7.21 When a vacancy on Council occurs is between elections, the candidates

who obtained the highest number of votes among the non-elected candidates in the previous ballot shall be declared elected to the Council.

7.22 If a vacancy from amongst the officers of the Council occurs, the Council may elect one of its own members to fill the vacancy, and the provisions of the above section (7.20) shall also apply.

7.23 If the vacancy cannot be filled in accordance with the above provisions (7.20 and 7.21) a fresh ballot shall be called provided that the Biennial

General Meeting does not fall due within three months from the date of the occurrence of the vacancy.

7.24 Any member of Council elected in terms of the above provisions (7.20, 7.21 and 7.22) shall hold office until the election of the next council.

8.0 PROCEEDINGS OF THE COUNCIL

8.1 The President of the Council shall convene the Council within two weeks of his election and shall direct the Secretary to call the meeting with a proposed agenda.

8.2 The meeting shall meet at least quarterly, and at any time as it deems fit. Two or more members of Council may request the President to call an unscheduled meeting provided they submit in writing to the Secretary the reason for their request. The President shall call the requested meeting within two weeks from the receipt of the request.

8.3 All decisions taken by Council shall be carried by a majority of votes of all the members present. In the event of an equality of votes, the person chairing the meeting shall have a second or casting vote.

8.4 The quorum for the transaction of business of the Council shall be not less than four officers and members of Council.

8.5 The President or in his absence the Vice President shall preside over all meetings of Council. If at any time either of these officers are absent, the other members of Council may choose one of themselves to chair that meeting.

8.6 Any resolution or decision taken by Council shall in all instance be valid provided Council has been convened in terms of this statute.

8.7 The Council shall keep accurate and proper minutes of every meeting to be drawn by the Secretary, be duly approved by Council, and signed by the Chairperson and Secretary at the time they are approved.

8.8 The Council may delegate any of its own members or any member/s of the Association to conduct on its behalf its business so delegated.

8.9 Any member or members so delegated shall in the exercise of their duties regarding their assignment conform to any directives approved by Council for the purpose. Whenever such members are so entrusted they shall have the same voting rights as if they were officers or members of Council, but solely regarding their specified assignment.

8.10 No resolution or decision taken by any group within the Association shall become valid unless it is ratified by Council.

8.11 Council may as it deems fit nominate members to specialist committees and a member of Council to chair and liaise with such committee.

8.12 The Council shall be empowered to appoint and person/s as co-opted member/s of Council for any purpose and duration as deemed necessary. Co- opted member/s shall be required to attend Council meetings and shall have full voting rights solely in relation to matters relating to the matter requiring their co-option.