Islamic Medical Association of South Africa – Constitution

ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA

CONSTITUTION

PREAMBLE

WHEREAS WE BELIEVE

“He sent down (stage by stage) in the Qur’an that which is a healing and a mercy to those who believe: To the unjust it causes nothing but loss after loss.” (Qur’an XVII:82)

WHEREAS WE BELIEVE

that the Sovereignty over the entire universe belongs to Allah Subhanahu Wata’

we, who have been entrusted with the health care of His creation, humbly seek His guidance and inspiration in whatever we do.

āla and that He is the Source of all Knowledge and Truth, WHEREAS WE BELIEVE

that He has handed down to mankind through His Prophet (SAW) an ethical and moral code

, we regard it our duty to become familiar with and practice upon this code.

WHEREAS WE BELIEVE

that Islam is a Universal religion, a Blessing to Mankind and a complete Way of Life with its own God-ordained Laws, Code of Life and Value System.

NOW THEREFORE,

in dedication to such beliefs we hereby form this Association.

1

1. NAME

The name of the Association shall be ”

The Islamic Medical Association of South Africa (IMA)”: (hereafter referred to as “The Association”). 2. LIMITATIONS

Within the principal objectives of promoting the common interests of members of the Medical and other Health Sciences, the Association shall not:

a)

 

carry on any trading or other profit making activities; b)

 

participate in any business, profession or occupation carried on by any of its members; c)

 

provide financial assistance to any of its members; d)

provide to any of its members premises, continuous services or facilities required by them for the purpose of carrying on any business, profession or occupation. 3. AIMS AND OBJECTIVES

To promote a better understanding and appreciation of Islam and of health care within the framework of Islam. 2.

To constantly remind health care professionals of, and educate them on, Islamic Values, Ideas, Thoughts, Habits and Ethics and to apply these in the Health Care Sector. 3.

 

To promote professional contact and non-professional contact at all levels through activities such as meetings, seminars, lectures, conventions and other gatherings. 4.

To seek affiliation with other Medical Associations and Institutions through professional co-operation. 2

5.

 

To co-operate with other organisations on matters of mutual interest. 6.

 

To introduce Islamic values into health care education specifically in terms of patient care. 7.

 

To promote research and publications in the field of Islamic Medical History, Prophetic Medicine, Islamic Medical Ethics and Medicine in general from the Islamic perspective. 8.

 

To be a “Mercy unto Mankind” in the true example of our Prophet (SAW) by providing assistance in the form of clinics, relief work and rehabilitation whenever and wherever needed. 9.

 

To co-ordinate relevant group and individual activities of Muslim health care professionals. 10.

 

To maintain a central information bureau on employment opportunities, exchange programmes, scholarships, graduate and undergraduate training opportunities as a service to members. 11.

 

To establish libraries for use by members and others. 12.

To create a fund to render medical services to the needy. The rest of this sentence has been deleted. 13.

Generally to do all such acts as may be necessary or expedient in furthering the interests of the Association and the objectives for which it has been formed. 4. MEMBERSHIP

ORDINARY: Any Muslim health care professional or any graduate of the health sciences who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association, shall be eligible for membership. ii)

STUDENT: Any Muslim undergraduate student in the medical or health sciences who subscribes to the spirit of the preamble 3

and abides by the aims and

 

objectives of the Association shall be eligible for student membership. iii)

 

ASSOCIATE: Any other Muslim person approved of by the Council who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association shall be eligible for associate membership. iv)

 

HONORARY: Honorary membership may be bestowed by Council on recommendation of the Executive. v)

 

OVERSEAS: Any Muslim health care professional or any graduate of the medical or health sciences residing outside the borders of South Africa and who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association shall be eligible for overseas membership. vi)

SPOUSE: The spouse (who would otherwise qualify for ordinary membership) of any Muslim health care professional, who is a fully paid up ordinary member and who subscribes to the spirit of the preamble and abides by the aims and objectives of the Association, shall be eligible for membership in this category. b) VOTING RIGHTS

The right to vote under this Constitution shall be limited to ordinary, overseas and spouse members who have paid their subscription in full.

Associate, honorary and student members, while entitled to participate at meetings of the association, shall not have voting rights. c) SUBSCRIPTION FEES

The annual subscription

fee, as determined by Council from time to time, shall fall due on the 1st of January each year. Council shall at its sole discretion, decide on appropriate action against members in default of fee payment. The Council shall be empowered at its sole discretion to allocate to a particular branch any amount not exceeding one quarter of the total subscriptions contributed by that branch. In making such allocations, the relevant branch shall be obliged to submit an income and expenditure account acceptable to Council. 4

d) MEMBERS’ ROLL

There shall be

recorded on a Roll of Members of the Association the full name and address of each member and any subsequent resignation, suspension or death. e) SUSPENSION OF MEMBERS

The Executive shall have the power

to recommend to Council the termination or suspension of membership of any member at any time on the grounds of unsuitability or for any other valid reason without being obliged to give reasons therefore. Any recommendation of the Executive in this regard shall be reviewed by the Council who shall offer the member so affected an opportunity to make representations before it. The Council may accept or waive the recommendation made by the Executive. f)

OFFICE BEARERS All officers of the Association including members of the Executive and Council shall be ordinary

or spouse members with full voting rights provided that Council may in special circumstances make an exception, but subject to the terms of this Constitution. g)

APPLICATION FOR MEMBERSHIP All membership applications are subject to ratification by the Executive prior to acceptance.

5. COMPOSITION OF COMMITTEES

The Executive of the Association shall comprise of six members, namely:

President

Vice President

5

 

Secretary

Assistant Secretary

Treasurer

Immediate Past President

2. COUNCIL

Shall consist of:

a)

All members of the Executive b)

One member from each branch that has a membership in excess of five. Where branch membership exceeds twelve, representation will increase by one for every additional twelve members. c)

Chairpersons of each Sub-Committee. d)

 

Three members elected at the AGM. 3. BRANCH

Minimum number for any branch will be five Ordinary members. All branch members must be members of the Parent Association. All branches are bound by the Constitution of the Association.

4. SUB-COMMITTEES

OF COUNCIL Chairpersons

of Sub-Committees shall be appointed by the Council. 5. ADVISORY BOARD

Shall consist of

a)

Members – All past Presidents of the Association. b)

Chairperson – Immediate past President. c)

Powers – Purely advisory 6. ELECTION OF OFFICE BEARERS

6

The Executive of each branch shall be elected annually.

2. EXECUTIVE AND COUNCIL MEMBERS

To be elected annually at the AGM. Members absent at the AGM may be nominated provided their nomination is submitted in writing to the secretary and signed by the Proposer, Seconder and the Nominee.

3. ELECTION

Will be by show of hands unless otherwise decided by the Council.

Office bearers to be elected individually and not en bloc. 4. TERM OF OFFICE

The term of office of all elected members of the Association will run from one AGM to the next. All office bearers shall be eligible for re-election.

7.

DUTIES

Shall be

responsible for the implementation of all the mandates of the Association and for the general administration of the affairs of the Association. a)

 

President – Chief Executive Officer of the Association, who shall call and preside over all meetings and will co-ordinate the activities of all branches and Sub-Committees. b)

Vice President – shall assist the President and assume the duties of President in his/her absence. The Vice President will also be responsible for liaising and establishing contacts with other national and international organisations. 7

c)

 

Secretary shall conduct the correspondence of the Association. Discharges all duties which pertain to the office of Secretary. d)

 

Assistant Secretary shall keep minutes of the Executive Committee and Council Meetings. Responsible for notifying members of meetings and conventions. e)

Treasurer – i)

The treasurer shall keep proper accounts of: 1.

The assets and liabilities of the Association. 2.

All transactions of the Association and information related to such transactions. 3.

Point 3 has been deleted ii)

 

The keeping of the books of accounts shall be the responsibility of the treasurer or any other person authorised by the Council and, with the prior approval of the Council be open to inspection by members of the Association. iii)

The treasurer shall present an income and expenditure account and an audited balance sheet for the previous financial year at the Annual General Meeting of the Association. iv)

 

The funds of the Association shall be deposited timeously into its banking account. The account shall be operated by the treasurer and any one of the following: 1.

President 2.

Secretary 2. COUNCIL

All affairs of the Association shall be managed and controlled by the Council, which shall have full power to carry out the objectives of the Association and generally exercise all the powers of the Association as defined by this Constitution. 8

b)

 

The Council shall have custody and control of the assets of the Association and all immovable property and other assets of the Association shall be registered or held in the name of the Association. c)

 

Without in anyway limiting the powers of Council in the use of the property, or application of the Association’s objectives in this regard, the Council, through its Executive, shall administer the assets of the Association. d)

 

Banking accounts in the name of the Association shall be operated by Council at its discretion. e)

 

The Council will meet at least twice a year to conduct its business, to review and preview the work of the Association, to receive the Executive’s and Sub-Committee reports and to approve the Annual Audited Financial Statements. f)

 

Appoint chairpersons of Sub-Committees. g)

Issues requiring a vote at the meeting of the Council will be decided by majority vote of those present and eligible to vote with the chairperson having both a deliberative and casting vote. 3. SUB-COMMITTEES

As per mandate from the Council.

8. MEETINGS

1. EXECUTIVE :

At least four times a year and from time to time as necessary.

2. COUNCIL :

At least twice a year and whenever a special meeting of the Council is

required. 3. BRANCH :

Regular meetings

as decided upon by the branch members. 4. SUB-COMMITTEES :

9

At least twice a year

and when necessary or at the request of the Council or Executive. 5. ADVISORY BOARD :

As and when necessary at the request of the Council or Executive.

6. ANNUAL GENERAL MEETING :

The Annual General Meeting shall be held at least once in a calendar year together with the Annual Convention of the Association.

7. SPECIAL GENERAL MEETING :

A Special General Meeting of the Association may be convened at any time by a

requisition signed by fifty paid up ordinary members of the Association. The requisition shall be addressed to the Executive and at least twenty-one days notice of intention to hold that meeting shall be given. The requisition shall further state precisely the purpose for which the meeting is being convened. The quorum for such a Special General Meeting shall be one hundred ordinary paid up members and a minimum of thirty paid up ordinary members who so requested such a meeting. The Council shall be entitled to convene a Special General Meeting of the Association by way of a requisition addressed to the Executive which requisition shall be signed by at least twelve members of Council. At least fourteen days notice of intention to hold that meeting shall be given in such a requisition. A minimum of two-thirds of the members of Council who so requisition such a meeting shall be present at that Special General Meeting. 8. SPECIAL COUNCIL MEETING :

May be called for by at least twelve Council members, provided that not less than 50 ordinary paid up members shall be given notice not less than fourteen (14) days

prior to the stipulated date of the meeting. 9. FINANCIAL YEAR

The financial year of the Association shall be from 1 January to 31 December of each year.

10

10. AUDITOR

An Auditor shall be appointed by Council. Remuneration for services rendered during the past year shall be fixed by the Council. ii.

 

The Auditor shall at all times have access to the books and accounts of the Association and the Officers of the Association shall be bound to give him/her such information as he/she may require for the purpose of discharging his/her duties. iii.

The Auditor shall examine financial statements prior to their presentation at a general meeting and will provide a written report therewith. 11. ANNUAL CONVENTION

Venue and date shall be decided by Council.

12. GENERAL

Contracts between the Association and any person or body shall be negotiated by the Council. The Association may be contractually bound in respect of any contract upon the joint signatures of the President and the Treasurer, provided that in the case of each contract, such joint signatures are preceded by a duly minuted resolution of the Council recording its decision that the Association should conclude the same and such a resolution shall be annexed thereto. Notwithstanding any of the foregoing, any contract, under which the Association does not incur an obligation to make payments in excess of that amount determined by Council from time to time, shall be binding on the Association if jointly signed by the President and Treasurer. Nothing in this rule contained shall be a subtraction or derogation of the Association rules with regard to the signing of cheques. 2.

The income and property of the Association whenever derived shall be applied solely to the promotion of its objectives as set forth herein and no portion thereof shall be paid or transferred directly or 11

indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Association; provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officer or servant of the Association or to any member thereof in return for any services actually rendered to the Association.

Points 3, and 4 have been deleted as they are covered under Section 16

Point 5 is covered under Section 13

13. LEGAL POSITION

The Association may sue or be sued in its own name in any court of law and shall be represented in such litigation by its President and Secretary. 2.

Neither the Council nor the Executive Committee nor any member/s thereof shall be required to file any security with the Master of the Supreme Court or any other person for the administration as may be required by any law now or hereafter in force. 14. INDEMNITY

Every member of the Council and Executive Committee and other officer or servant of the Association shall be and is hereby indemnified against losses, expenses or damages incurred in the discharge of or arising out of

his/her duties. No member of the Council or any other officer of the Association shall be liable for the acts, receipts, neglects or defaults of any other member or officer or for the joining in any receipt of other acts for conformity or for any loss or expense happening to the Association through the insufficiency of the title to any property acquired by the Council for or on behalf of the Association or for the insufficiency of deficiency for any security in or upon which the moneys of the Association shall be invested for any loss or damage arising from the insolvency, tortuous act of any person with whom any moneys, securities of effects shall be deposited or for any loss or damage or misfortune whatever which shall happen in the execution of the duties of his/her office or in relation thereto unless the same happens through his/her own dishonesty in which case he/she shall be liable. 12

15. ALTERATION OF CONSTITUTION

This constitution shall not be altered or added to except by a Resolution passed by a seventy percent majority of a quorum of members present and voting at any General Body Meeting, of which at least twenty one (21) days notice shall have to be given and which notice shall state the intention to deal with and specify the nature of the alteration or amendment. For the purpose of this paragraph, a quorum shall consist of 100 Ordinary members of the Association provided that all amendments and alterations to this constitution shall be submitted to the Commissioner of Inland Revenue for his approval.

16. DISSOLUTION

The Association may be dissolved or wound up by a two-thirds majority of a quorum of members present at a Special General meeting of which at least thirty (30) days notice shall have to be given, which notice shall state the intention to wind up or dissolve. For the purpose of this paragraph, a quorum shall consist of two-thirds of the Ordinary Members of the Association. If upon winding up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of the Association but shall be donated or transferred to some other institution having

objectives similar to the objectives of the Association, to be determined by the members of the Association at or before the time of dissolution. Point 2 has been deleted.

17. INTERPRETATION

In the event of any difference of opinion, dispute or question arising as to the meaning of interpretation of this constitution or any by-laws framed by the Council, such difference, dispute or question shall be submitted to the Council for its decision and its decision thereon shall be binding.

We, the undersigned, hereby certify that:

13

a)

 

This annexed Constitution is the duly amended Constitution of THE ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA. b)

The amendments were duly adopted unanimously at the Annual General Meeting of the members of THE ISLAMIC MEDICAL ASSOCIATION OF SOUTH AFRICA on 28 APRIL 2003. JOHANNESBURG ON THIS 28TH DAY OF APRIL 2003 ______________________ _______________________

SECRETARY PRESIDENT

14

DATED AT

1.

 

1.

 

i.

 

a)

 

 

1. EXECUTIVE

1. BRANCH

:  

Council nominated members of the Association.

Council nominated non-Medical members of the Community.

 

 

1. EXECUTIVE

a) CATEGORIES

 

i)

 

 

1.

This piece is taken from the website of  the Islamic Medical Association of South Africa 

See on-line at: http://www.ima.org.za/

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