Constitution

1 CONSTITUTION OF THE DOME  GUIDES ASSOCIATION

One voice for all Tourist Guides in the Vredefort Dome.

  1. THE SIGNATURIES.

The signatories to this Constitution are the Founding Members following the Inaugural Meeting of the  Dome Guides Association, hereafter called the ”Association” or the “DGA”.

  1. LEGAL STATUS.

The Association has legal status as a Corporate body under the common law of the Republic of South Africa. The laws of the Republic of South Africa shall govern the Constitution and the rights and obligations of members of the Association.

  1. NAME.

The Association shall be known as the ”Dome Guides Association (DGA)” and will represent all Registered and Paid-up / Legally Operating Tourist Guides (members) in the Vredefort Dome area. 

  1. PREAMBLE.

In order for the Tourist Guiding fraternity to be fully regulated, recognized and represented as a leading stakeholder in the Development of Sustainable Tourism in the Vredefort Dome, all Legally Operating Tourist Guides supports the establishment of a body to represent the values, interests and operations of Tourist Guiding in the area.

All Tourist Guiding, whatever their area of specialization (be that Site Guides, Provincial Guides, National Guides, Specialty Guides, Adventure Guides, Nature Guides or Culture Guides) shall be illegible as members in terms of this Constitution and the Tourism Act (Act no 72 of 1993 as amended 2001), the Tourism 2nd Amendment Act 2000 (Act no 70 of 2000) and all subsequent amendments.

  1. OBJECTIVES.

5.1. To be the Effective and Unified voice for all categories of Legally Operating Tourist Guides in the Vredefort Dome area, and

5.2. To ensure the Adherence to a Code of Conduct and Ethics for Tourist Guides in the Vredefort Dome area.

  1. MODUS OPERANDI.

6.1. The Constitution of the Association shall be voted in at an Inaugural Meeting of Registered Paid-up Tourist Guides operating in the Vredefort Dome area. 
6.2. The meeting will elect a Management Committee to manage the affairs of the Association. 
6.3. The principle of Consensus is fundamental in decision making during meetings as it is believed that it best serves the functioning of the Association. 
6.4. Special Resolutions will be passed by a majority exceeding 50% of the votes of members present at any meeting properly constituted. 
6.5. All notices with the intention to recommend an amendment to the Constitution will be in writing and will be discussed and voted on at a General Meeting of members of the Association. 
6.6. For an amendment to be passed, a two third (2/3) majority vote of members present at a General Meeting is required. 
6.7. Membership fees will be determined by members present at a General Meeting of the Association and paid into the bank account of the Association. 
6.8. No business shall be transacted at any meeting unless a quorum is present at the commencement of such meeting. The personal presence of 50% of the members plus 1 member shall constitute a quorum.

  1. MEMBERSHIP.

7.1. Full Membership. Any Tourist Guide registered as a Tourist Guide in terms of the Tourism 2nd amendment Act, 2000 (Act no 70 of 2000) and / or subsequent legislation, may apply for Full Membership. 
7.2. Honorary Membership. The Management Committee may grant Honorary Membership to any person or legal entity who, in its opinion, has contributed significantly to furthering the objectives of the Association. 
7.3. Associated Membership. Individuals and organisations that supports the objectives of the Associations, but are not registered as Tourist Guides as defined in the Tourism Act, may be granted Associated Membership of the association at the sole discretion of the Management Committee.

  1. NATURE OF THE ASSOCIATION.

8.1. The Association continues as an entity notwithstanding changes in / of its membership. 
8.2. The Association is required to utilize its funds solely for the attainment of the objectives for which it has been established. 
8.3. The Association is not permitted to distribute any dividends to its members or any person. 
8.4. A two third (2/3) majority of members may decide on the legal status of the Association (for example: to be a Section 21 Company – for / not for profit, etc.).

  1. POWERS AND AUTHORITY OF THE MANAGEMENT COMMITTEE.

Without adversely affecting or influencing any powers and competencies given to the Management Committee by virtue of the Constitution, the following special powers, authority, competences and discretion will vest in the Management Committee:  
9.1. The determining and calling of Member Meetings. 
9.2. The issuing of receipts for membership fees received as well as other payments due to the Association. 
9.3. The Management Committee will have the authority to, on behalf of the Association, institute Legal Action in any matter in which the Association has an interest. The Management Committee will further have the authority to defend any Legal Action instituted against the Association. 
9.4. The opening of a bank account in the name of the Association and the withdrawal, deposit, endorsement, issue and processing of cheques and other trading documents of the Association. 
9.5. The purchase of / or any other means of obtaining movable and immovable property that is required for the purposes of the Association. 
9.6. The appointment of one or more of the Management Committee members with the necessary power of attorney to, on behalf of the Association, sign any contracts, deeds or documents and to execute any power of attorney accordingly. 
9.7. To, by means of discussions and approval at Member Meetings, issue any provisions in order to achieve the objectives of the Association. 
9.8. To receive subsidies, administer and invest funds of the Association in a recognized bank and/or other financial institution as prescribed by the National Credit Providers Act. 
9.9. To collect funds for the achievement of the objectives of the Association. 
9.10. To, in general, execute the objectives of the Association and in order to do so take appropriate action and make business decisions that might be required in terms thereof. 
9.11. To execute proper financial control over the finances of the Association and to report yearly on the financial position of the Association at the General Meeting of members.

  1. AVAILABILITY OF THE CONSTITUTION.

10.1. The Secretary shall be obliged to make the constitution available on request.
10.2. Each member of the Association will be bound by all the provisions and regulations of the Association and its constitution.

  1. DISSOLUTION OF THE ASSOCIATION.

11.1. The Association shall be dissolved if at least two thirds (2/3) of the voting members at a General Member meeting vote in favor of such dissolution. 
11.2. No dissolution of the Association will be considered unless all members are advised of the proposed motion at least 90 days prior to the consideration of the motion.
11.3. If upon liquidation or dissolution of the Association there remains any property whatsoever after the satisfaction of all debts and liabilities of the Association, it shall not be paid to or distributed among the members of the Association, which entities shall be determined by the meeting of the members before or at the time of dissolution. This Constitution was discussed and approved at an Inaugural Meeting held on…Friday 13 September 2013 at Parys. Meeting was attended by the following Founder Members: Signatures appear on the original copy, signed at the meeting.

 

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CONSTITUTION