July 18, 2005

PREAMBLE
The Constitution is aimed at directing the structure, administration and control of the membership of the tourist guides of the Port Elizabeth, Uitenhage, Despatch and  Jeffrey’s Bay region as well as its continued and ongoing   professional development.  A professional tourist guide is defined as a person who has acquired, either through formal training, or a combination of formal training and appropriate life skills, relevant information about the geography, history, cultures and the
 life of different communities within a locality.  This should be supplemented by a high level of interpersonal skills, together with a broader, mature knowledge of current events, and everyday social issues. The guide must be able to share these confidently with
 visitors, whilst acting as a cultural broker displaying  appropriate competencies, values and attitudes to present a  balanced and holistic view of the host location, the  country in general, and its people, that benefits both the  hosts and the visitors.  Successful completion of a recognized guide training program, is a compulsory basic prerequisite of membership.

 ARTICLE 1: NAME

 1.1 The name of the Association shall be the NELSON MANDELA
 BAY TOURIST GUIDE ASSOCIATION hereinafter referred to as
 "the Association".

 1.2 The Association will be administered and controlled by
 an EXECUTIVE COMMITTEE. The abbreviated title will be
 N.M.B.T.G.A.

 ARTICLES 2: AIMS AND OBJECTIVES

 

2.1 The aims and objectives are:-

 

2.1.1 To promote and maintain amongst members of the Association the highest standards of professionalism. To this end the Association shall publish and promote a code of ethics for the conduct of members, which shall be updated from time to time as deemed necessary.

 2.1.2 To promote, project and develop the interests of its members and to represent them in dealings with the relevant governing authorities, tour and travel related operators, agents and the general public.

 2.1.3 To seek affiliation with appropriate industry bodies
 or associations.

 2.1.4 To provide benefits of membership that are tangible
 and worthwhile.

 2.1.5 To develop and maintain a consistently high level of
 professionalism and competency amongst its members.

 2.2 Membership fees are to be used only for the benefit of
 members and not for any profit or gain.

 

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

 

3.2 Membership shall comprise Full Members, Trainee Members, Honorary Members and Associate Members.

 

3.3 The qualifications for membership are as follows:-

            3.3.1 Full Membership

The Executive Committee shall consider all applications and decline or award full membership to legally registered tourist guides in accordance with the criteria determined by it.  Every legally registered tourist guide who is a fully paid up member of the Association shall have full voting rights.

 

3.3.2 Trainee Membership

Any person who is in the process of training to become a legally registered tourist guide, through an officially accredited training institution, may be granted trainee membership by the Executive Committee.  Trainee members shall have no voting rights.

 3.3.3 Honorary Membership

The Executive Committee may grant honorary membership to persons who, in its opinion, have made a consistent and major contribution to furthering the aims and objectives of  the Association. Only honorary members who are legally registered tourist guides shall have full voting rights.

 

3.3.4 Associate Membership

Corporations, firms and such organizations who subscribe to the objectives of the Association may apply for associate membership. Associate members may attend meetings of the Association but shall have no voting rights.

 

4.1 The Association may not have less than 7 (seven) members resident or operating from its area.

 

 4.2 The Association shall be subject to the jurisdiction and authority of the Executive Committee.

 

4.3 The financial year of the Association shall run from the first day of June to the last day of May of the following year. 4.4 The appropriate number of persons required to serve on the Executive Committee shall be decided by the Committee itself, but shall not be more than 7 (seven)

 

4.5 The Executive Committee shall, at its first meeting after the annual general meeting, which must be held within 1 (one) month of such annual general meeting, elect a chairperson, secretary and treasurer. The latter two positions may be combined if desired. The Executive Committee shall also elect a vice chairperson who will serve as chairperson in the absence of the elected chairperson. An elected chairperson shall have served as a member on a tourist guide association committee prior to his/her election.

 

4.6 Nominees for the Executive Committee shall be full members of the Association.

 

4.7 Nominations shall be in writing and forwarded with the nominee's acceptance to the Association's Secretary not less than 10 (ten) days before the date of the annual general meeting. Alternatively members may be nominated from the floor during the proceedings of the Annual General Meeting.

 

4.8 All members of the Executive Committee, shall retire each year but shall be eligible for re-election, subject to a maximum of 5 (five) years elected service, after which re-election is no longer permitted.

 

4.9 All Executive Members shall be elected at the annual general meeting by those members eligible to vote either in person or by proxy.

 

4.10 The Executive Committee may if necessary employ a paid secretary/ treasurer.

 

 4.11 The Executive Committee shall meet not less than every 3 (three) months. A quorum shall consist of not less than three of the elected members of the Executive Committee.

 

4.12 Should any member of the executive committee miss more  than three consecutive executive meetings without proper  excuse in writing such a member shall be regarded as no  longer being interested and his/her membership shall be  terminated from the executive committee.

 

4.13 In the event of vacancies occurring, or Executive Committee members having to be replaced, the remaining members shall have the power to fill any such vacancies  with a full member of the Association who may hold office  until the next annual general meeting.

 

4.14 The Executive Committee shall be entitled to co-opt full members of the Association who may hold office until the next annual general meeting.

 

 

5.1 To organize and arrange educational courses, lectures and excursions and to distribute pertinent information to members.

 

5.2 To work towards fulfilling the objectives of the Association.

 

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

 

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

 

5.5 To be accountable for all funds administered.

 

5.6 To hold hearings concerning complaints about members or by members and to decide on further action as outlined in article 10 of this constitution.

 

5.7 To invest and apply funds and to open and operate the necessary banking accounts.

 

5.8 To appoint such sub-committees as shall be necessary from time to time.

 

5.9 To regulate the manner in which the Association is run, provided that this is not in conflict with this constitution.

 

5.10 The chairperson, or his/her delegated representative may give statements on behalf of the Association to the media.

 

6.1 The Association shall hold an annual general meeting which shall take place within 3 (three) months after the close of the financial year.

 

6.2 At such annual general meeting there shall be included for discussion

- the minutes of the previous annual general meeting for ratification and adoption

 - a treasurer's report and supporting financial statements for the year so ended

 - a chairman's report adequately summarizing the Association's activities for the year

 - the election of Executive Committee members for the ensuing year, and the transaction of any other business.

 

6.3 The Executive Committee may convene an extraordinary general meeting  by giving not less than 30 (thirty) days notice of such meeting to its members.

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

 

6.5 Non-members of the Association may attend annual general meetings, but shall not have the right to speak or vote.

 

 

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

 

7.2 A quorum at an annual or extraordinary general meeting shall consist of one third of those members eligible to vote either in person or by proxy. If there is no quorum present, the meeting shall, either stand adjourned for not less than 30 (thirty) minutes and the members attending such reconvened meeting subsequent to the adjournment, shall constitute a quorum, or the members can by show of hands elect to continue proceedings forthwith in which event the members attending the meeting shall constitute a quorum.

 

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

 

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

 

 

8.1 For the purpose of properly constituting an annual or extraordinary general meeting, not less than 30 (thirty) days written notice calculated from the day of mailing, shall be given to all members of the Association, Alternatively e-mail or fax may be used if acceptable to the member or recipient.

 

8.2 Any notice of such meetings sent by the Association to a member, may be delivered by hand or posted to the members at the address recorded against their name in the register.

 

8.3 The notice convening an annual or extraordinary general meeting shall include an agenda of matters for discussion as well as the necessary proxy form s and as applicable, nomination forms and the minutes of the previous annual general meeting.

 

 9.1 If a complaint is received about a member then the Executive Committee may hold a hearing at which the member concerned shall be given the opportunity to state his/her case. The complaint may be dismissed with or without a caution.

 9.2 However, if the Executive Committee at such a hearing decides by simple majority that the member has behaved in a manner prejudicial to the objectives of the Association, whether by omission or commission, then such member may either be given a warning or possible termination of membership, or membership may be terminated. This shall be confirmed in writing to the member within 30 (thirty) days.

 9.3 Moreover, if termination of membership is decided, then a two thirds majority of the Executive Committee is required.

 9.4 All matters concerning such complaints shall be strictly confidential.

 ARTICLE 10: TERMINATION OF MEMBERSHIP

 10.1 Membership shall be terminated if fees are outstanding for more than 3 (three) months after the start of each financial year. Membership may be reinstated on payment of all outstanding and current amounts due and at the
 discretion of the Executive Committee.

 10.2 The Executive Committee has powers to terminate membership in the event of deemed misconduct by a member as detailed above.

 10.3 The Executive Committee reserves the right to make it publicly known that such a membership has been terminated but it is not obliged to state the reason thereof.

 ARTICLE 11: AMENDMENT OF CONSTITUTION

11.1 A notice of motion for the amendment of this Constitution shall be supported in writing by no fewer than 10 (ten) full members of the Association, and shall be received by the Association's Secretary at least 90 (ninety) days before the date at which such motion is to be considered by the membership.

11.2 Amendments to this constitution may only be adopted with the approval of no fewer than two thirds of members eligible to vote either in person or by proxy.

 ARTICLE 12: LIMITED LIABILITY

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

 12.2 The Association is incorporated and may sue and be sued.

 ARTICLE 13: LOANS TO MEMBERS

This constitution specifically prohibits the granting of private loans to its members and office bearers.

 ARTICLE 14: WINDING UP AND DISSOLUTION

 14.1 If the continued existence of the Association is for any reason considered no longer to be justified, then a decision shall be taken at an extraordinary meeting convened for that purpose.

 14.2 A decision of dissolution shall require the approval of no fewer than two thirds of the members eligible to vote either in person or by proxy.

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

 ARTICLE 15: RECIPR0CAL MEMBERSHIP

Nelson Mandela Bay Tourist Guide Association shall provide reciprocal membership with any other registered Tourist Guide Association with a properly drawn up constitution and committee.

 ARTICLE 16: ENTIRE CONSTITUTION

16. This constitutes the entire Constitution of the Nelson Mandela Bay Tourist Guide Association and may only be amended at an Annual General Meeting or Extraordinary Meeting and notices as detailed in Article 8 shall apply.

Back to top