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| Constitution | | Print | |
| Written by PJ Le Roux |
| Saturday, 05 September 2009 11:51 |
|
The following is a summary of the main elements of the reviewed constitution adopted in November 2011. 1. THE INSTITUTE 1.1 The name of the Institute is THE SOUTH AFRICAN NATIONAL INSTITUTE OF ROCK ENGINEERING (SANIRE). 1.2 The Institute shall be and remain a corporate and autonomous body with perpetual succession and with the power and capacity consonant with the provisions of this constitution of acquiring rights and incurring obligations and of acquiring, holding and alienating property of all kinds and of suing and being sued in its own name independently of its members. 1.3 The chief office of the Institute shall be located in the Republic of South Africa. 1.4 The key objectives of the Institute are : 1.4.1 to identify the needs of its members; 1.4.2 to represent and promote the interests of its members; 1.4.3 to maintain the affiliation of SANIRE with the International Society for Rock Mechanics (ISRM), and to maintain the affiliation of SANIRE with the International Society for Rock Mechanics (ISRM), and 1.4.4 through its members, initiate and give effect to the means whereby the requirements for technology and scientific knowledge of the rock engineering sector of the South African mining and civil engineering industries are satisfied. 1.5 The benefits accruing to qualifying members and the general public are derived from the following activities of the Institute: 1.5.1 Development of the strata control and rock engineering profession through seminars, conferences and other training opportunities; 15.2 Dissemination of rock engineering related information through publications, conference proceedings and the Institute’s web site; 1.5.3 Furthering research in the field of rock engineering through the identification of suitable topics and questions found to be in need of investigation. 2. MEMBERSHIP 2.1 The Institute shall consist of corporate and non-corporate members, all of whom shall be entitled to speak at meetings of the Institute, but only corporate members shall be entitled to vote. 2.2 Corporate members shall comprise the categories of :
2.3 An Honorary Life Fellow shall be a person whom the Institute specially desires to honour in consideration of services rendered to the Institute, science or industry. Honorary Life Fellows shall have all the privileges of corporate members. 2.3.1 An Honorary Life Fellow shall be elected by the council and each such election shall be announced at the following ordinary or annual general meeting of the Institute. 2.3.2 The election of an Honorary Life Fellow shall take place at a council meeting, The election shall be by ballot and shall require the unanimous vote of the council members present. 2.4 A candidate for admission into the category of fellow, or for transfer into that category, 2.4.1 shall have been in a rock engineering position in important mining or civil engineering, consulting, government, educational or research organisations concerned with those industries, for at least ten years. 2.4.2 a candidate shall be practising his/her profession at the time of his/her application, shall satisfy the council that he/she is a fit and proper person to become a Fellow and the council shall be satisfied that his/her qualifications, training and technical experience justify such professional status. 2.4.3 a candidate shall have made a meaningful contribution to the Rock Engineering profession either by means of reach or by systems design and implementation in the sector in which he/she is practicing. a candidate shall have made a meaningful contribution to the Rock Engineering profession either by means of research or by systems design and implementation in the sector in which he/she is practicing 2.5 A candidate for admission into the category of member, or for transfer into that category; 2.5.1 shall have been in a rock engineering position in important mining, civil engineering, consulting, government, educational or research organisations concerned with those industries, for at least four years. 2.5.2 a candidate shall be practising his/her profession at the time, shall satisfy the council that he/she is a fit and proper person to become a member, and council shall be satisfied that his/her qualifications, training and experience justify such professional status. 2.6 Non-corporate members shall comprise the categories of :
2.7 A candidate for admission into the category of associate shall not be less than eighteen years of age. The applicant shall satisfy the council that he/she is a fit and proper person to become an associate. 2.8 A candidate for admission into the category of student shall be a person who is being educated or trained in a manner approved by the council to occupy a technical position in or associated with the mining or civil engineering industries. The applicant shall satisfy the council that he/she is a fit and proper person to become a student member. 2.8.1 He/she may remain a student member only while he/she is being educated or trained in a manner approved by the council. 2.8.2 When he/she no longer qualifies as a student member he/she shall automatically be transferred to the category of associate, once he/she has notified council in writing of the change in the status quo. 2.9 A correspondent shall be a member of the ISRM not residing in the Republic of South Africa, and whose application for corresponding membership is approved by council. The Institute will not be responsible for paying his/her ISRM membership fees. 2.10 A retired fellow / member / associate shall be a person who has ceased to practice his/her profession, but wishes to remain associated with the Institute. 2.11 Transfers and all applications for election or transfer shall be handled in accordance with the by-laws. 2.12 Every candidate for election to membership of the Institute or for the transfer from one category to another category of membership shall be duly notified in writing by the secretary of the decision of the council regarding his/her application. 2.13 The Council shall issue to every member a certificate showing the category to which he/she has been elected. Such certificates shall remain the property of, and shall on request be returned to the Institute. 2.14 A corporate member of the Institute shall be entitled to use the following authorised letters designating his/her category of membership of the institute. Fellow : FSANIRE Member : MSANIRE 2.14.1 No corporate member shall adopt, or describe himself/herself by any other description or abbreviation than the authorised designation as above to indicate his/her category of membership in the Institute, nor is any person who is not a member of the Institute entitled to describe himself/herself as a member of the Institute or to make use of the above letters of designation. 2.15 The council shall have the right either to suspend from participation in the privileges of membership, subject to such conditions as it may deem fit, or to expel from the Institute any members who may have committed any offence or been guilty of any conduct, which, in the opinion of the council, renders him/her unfit to remain a member. 2.16 A member may resign from the Institute by sending his/her written resignation to the secretary together with payment of any moneys due. Any person who has so resigned may be re-admitted to membership at the discretion of the council upon written application, and payment of such fees as the council may decide. 2.17 Cessation of membership of the Institute shall entail forfeiture of all rights, title and interest in the funds, property and assets of the Institute. 2.18 The liability of members for the debts and engagements of the Institute is limited to the amount of any unpaid subscriptions. 2.19 The council shall have the right to amend the requirements for entry to any membership levels and shall have the final say in evaluating any qualification for such purposes, be it local or from any other country. 2.20 With the exception of correspondents, the Institute will pay the ISRM membership fees of all members of SANIRE, so that all members in all categories shall automatically be members of the ISRM. Where applicable, the membership fees for SANIRE shall include the fees payable to the ISRM. 3. THE COUNCIL 3.1 Subject to the constitution and in conformity with the by-laws, the management and administration of the affairs of the institute and the power to carry out its objects shall be vested in and exercised by the council. The members of the council shall be elected as provided for in Section 9 of the by-laws and shall hold office until their successors have been elected. The term of office for Council members shall be two years. 3.2 The council shall consist of: 3.2.1 The President 3.2.2 The President-Elect, who is also the Vice President 3.2.3 The Immediate Past President 3.2.4 The Honorary Treasurer 3.2.5 Five Corporate Members These will comprise the executive members of council. In addition, other persons may be invited to attend council meetings to present progress reports and provide liaison between the council and the members. Examples of these include: 3.2.6 The chairperson of any division formed under Clause 3.14. 3.2.7 The chairperson of any branch formed under Clause 3.16. 3.3 The incoming president for the ensuing term shall be the vice-president, or if he/she is unwilling or unable to take up the office of president, the honorary treasurer. If in turn he/she is unwilling to take up the office of president, a suitable candidate from the retiring council shall be elected by the retiring council. 3.4 The vice-president and honorary treasurer for each ensuing term shall be elected by and from the members of the retiring council at the first meeting of the council following the election of council members. 3.5 The members of the council, except for the incoming president and immediate past president shall retire at the end of their term but shall be eligible for re-election in the same or other capacity. 3.6 The council shall have the power to fill any casual vacancy on the council. A member so elected shall hold office for the remaining portion of the current term. 3.7 The council shall have the power to appoint honorary office bearers and representatives for the current term. 3.8 The council shall have the power to elect each term corresponding members of the council from among members of the Institute resident abroad. Each such official shall hold office during the term for which he/she is elected, provided however, that their tenure of office shall cease as soon as they no longer reside in the country which they represent. 3.9 The council may, to ensure adequate representation of all branches of mining and civil engineering co-opt by unanimous vote not more than two additional corporate members to the council; such additional members shall have the privileges and responsibilities of elected council members and shall hold office for the current term. The names of such co-opted members shall be announced at the first general meeting of the Institute following their appointment. 3.10 Should any member of the council frequently absent himself/herself without leave from the council meetings, they may, at the discretion of the council, be requested to forfeit their seats on the council. 3.11 The council shall have the power to appoint a secretary and other officers and servants and to remunerate them. Such secretary, officers and servants shall hold office during the tenure of the council and they shall perform such duties as the council shall set forth in the terms of their appointment. 3.12 The council shall cause minutes to be kept of the proceedings of all meetings of the Institute, the council and the various committees. 3.13 The council may form a division or divisions within the Institute to encourage the presentation of papers and discussions on technical subjects of specific professional interest to certain members of the institute. 3.14 The council may, upon receipt of a request to that effect from any organisation with objects kindred to those of the Institute, arrange for the incorporation of such organisation in the institute or for the incorporation of the Institute into such organisation. The incorporation shall be on such terms and conditions as may be agreed upon, provided that any such incorporation shall be subject to sanction by a special general meeting of the Institute convened for the purpose. 3.15 The council may, at its direction and upon receipt of a written request signed by a representative number of corporate members residing in a specific district in Southern Africa, create a branch of the institute in such a district. The objects of such branch shall be in accordance with Clause 1.4. 3.16 All assets and property of the Institute, both movable and immovable, shall be vested in and registered in the name of the Institute. True accounts shall be kept of all moneys received and expended by the Institute and of the assets and liabilities of the institute. The honorary treasurer shall administer the funds of the Institute in accordance with the direction of the council to which he/she shall be responsible. 3.17 Fiduciary responsibility for the Institute shall be carried by the President, the Immediate Past President and the Honorary Treasurer, who must all be unconnected persons in terms of the Income Tax Act (Act No.58 of 1962 as amended); 3.18 All donations received or that may hereafter be received for providing awards shall be held by the Institute. The moneys shall be invested in the name of the Institute so as to yield the best possible return while ensuring security of investments. The income from such donations may be devoted to one or more of the following objects : (a) Providing medals or other prizes as the council may direct. (b) Providing moneys which may be directed to research workers for the provision of, or defray the cost of apparatus or other material necessary for the conduct of research, such apparatus or material to revert to the Institute unless otherwise determined by the council. (c) Providing any other means whereby research in connection with rock engineering may be stimulated and encouraged. 3.19 The council shall submit, at each annual general meeting, a report on the affairs of the Institute, together with an audited statement of revenue and expenditure and balance sheet for the previous financial year. 3.20 All deeds, documents and writing requiring execution on behalf of the Institute shall be signed by the president, and / or vice president and / or honorary treasurer, or by members of the council, or officials duly authorised by resolution of the council. 3.21 A copy of all amendments to its founding document shall be submitted to the Commissioner as soon as they have been effected. 3.22 No sum of money exceeding a limit set by the council from time to time shall normally be paid, except by order of the council. On those occasions when an amount in excess of that limit is required to be paid prior to a council meeting, then such accounts shall be approved by at least two of the office bearers and be confirmed by the council at the following meeting. 3.23 The council may frame by-laws, which must be consistent with the provisions of the constitution, for the conduct of the business and the management of the affairs of the Institute; such by-laws may at any time be added to, repealed or amended by the council. All members shall be notified of such alterations and/or additions in a manner to be decided by the council. 3.24 Each member of the council shall be accountable only in respect of his/her own acts and shall not be accountable for any acts done or authorised to which he/she shall not have expressly assented. No member of the council shall incur any personal liability in respect of any loss or damage incurred through any act, matter or thing done, authorised or suffered by him/her, being done in good faith for the benefit of the Institute, although in excess of his/her legal power. The complete SANIRE constitution can be downloaded here. |
