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Our Constitution

In this Constitution, Pain SA shall be referred to as ‘the Society'.

  1. NAME

    The name of the society is Pain SA

  2. THE AIM OF THE SOCIETY

    The aim of the Society is to improve the study and management of pain in all its aspects in South Africa.

  3. OBJECTIVES OF THE SOCIETY

    The objectives for which the Society is established are-

    • To promote an understanding amongst the health care community that the management of pain needs a team approach.
    • To promote cooperation between itself and hospitals, public and private institutions, government authorities, medical schemes, the health care professionals and the public generally.
    • To co-ordinate issues surrounding pain, between itself and international groups with similar objectives.
    • To promote research into the diagnosis and treatment of pain.
    • To promote education at all levels in pain management.
    • To fund the travelling of members to attend meetings and conferences with the purpose of acquiring and sharing knowledge on pain. To invite and fund selected authorities on pain to visit South Africa.
    • To organise national, regional and local meetings and annual congresses.
    • To collect and administer funds for the furtherance of the above objectives.
    • To provide central co-ordination for the various groups involved in the management of pain in South Africa.
    • To strive for a non-discriminatory representation of all persons involved in the management of Pain in Southern Africa


  4. MEMBERSHIP OF THE SOCIETY

    Membership is open to all people who advance the ideals of the Society and support it with annual subscription fees. At least 85% of medical doctor members of the society must be members of the South African Medical Association

    • CLASSES OF MEMBERSHIP

      There shall be four classes of Membership in the Society:
      1. Regular Members. Scientists, physicians, health professionals and others interested in the mission of the Society. Regular Members in good standing upon retirement from professional activities may transfer to Retired Member status within this category. Past Presidents of the Society shall automatically attain Life Member status within this category.
      2. Honorary Members. Persons who have made outstanding contributions in the fields of pain related to the mission of the Society are eligible for appointment as Honorary Members of the Society.
      3. Trainee Members. Scientists, physicians and other health professionals in training who are interested in the mission of the Society.
      4. Contributing Members. Organizations, including charitable or business corporations, interested in furthering the mission of the Society are eligible for appointment as Contributing Members in the Society. Such members may be represented on the Council but will not have a vote.


    • APPOINTMENT OF MEMBERS

      Any person interested in being appointed as a Member shall submit an application for membership to the Secretariat. The application process will follow procedures developed by the Council. A person shall be appointed as an Honorary Member based on procedures established by Council and upon subsequent approval by affirmative vote of a majority of the Council.

    • RIGHTS OF MEMBERSHIP

      1. Benefits. Membership in the Society is a privilege contingent on compliance with the requirements of this Constitution and such other general requirements of membership that the Council may adopt. Members shall receive benefits that the Council determines. The Council may at its discretion confer different benefits for different classes of Members, but all Members within a class will receive the same benefits. Members will receive, free of charge, the quarterly Pain SA Newsletter and any periodicals that the Society may issue.
      2. Voting Rights. All Regular and Trainee Members in good standing are entitled to one vote on matters brought before the membership. Honorary and Affiliate Members shall not be entitled to vote on matters brought before the membership, with one exception: Honorary Members who were Regular Members at the time of their selection to honorary status retain their voting rights. Voting on all matters may be conducted by mail, or any means of electronic or telephonic transmission.
      3. No Power to Bind Society. No Member or group of Members may enter into a contract or agreement binding the Society, financially or otherwise, or purport to speak on behalf of the Society without prior express written authority from the Council.
      4. Termination of Membership. Any Member may relinquish his or hermembership in the Society by giving written notice to the Secretariat. The Council, by majority vote, may also revoke membership for good cause. Any Member in good standing may petition the Council for revocation of any other Member’s membership for good cause, including but not limited to, activities in contravention of the activities or goals of the Society. The Society will not refund any dues or assessments upon either voluntary relinquishment or involuntary revocation of membership. In addition, the Member shall forfeit any and all rights and privileges of membership upon termination.


    • Membership Dues and Assessments

      1. Annual Payments. Members shall pay dues and special assessments as established by Resolution of the Council according to the needs of the Society. The Council may assess a different amount of dues or assessments to be paid by each class of membership. Life and Honorary Members shall be exempt from paying dues. Dues shall be payable to the Secretariat in the last quarter of each year and shall apply to the next calendar year.
      2. Delinquency in Dues. A Member who has not paid dues within a period of six months after billing shall be notified of forfeiture of membership unless all indebtedness to the Society is met within thirty (30) days of the notice of forfeiture. A former Member can reinstate membership upon payment of dues.
      3. Waiver of Dues or Assessments. Th e Council may waive the requirement of payment of dues or assessments from a particular Member according to policies approved by the Council.


    • Meetings of Members

      1. Time and Place. A general meeting of the Members shall be held at such time and place as shall be fixed by the Council, occurring usually during the National Congress of the Society. Special meetings of the Members may be called by the President, at least two thirds (2/3rds) of the Council, or by Regular Members having at least one-tenth (1/10th) of the votes entitled to be cast at such meeting. Such meetings may be held at any place in the world. The meeting notice will provide the location.
      2. Notice of Meetings. The Secretariat shall inform the Members either by written or electronic communication of the place, day, and hour of the general meeting not less than three (3) months prior to the meeting. Persons calling for a special meeting in accordance with the requirements of section 4.5A above shall inform the Members, either by written or electronic communication, of the place, day and hour of the special meeting and of the purpose(s) for which the meeting is called, no less than thirty (30) days prior to the date of the meeting.
      3. Quorum/Voting. A quorum is one-tenth (1/10th) of the Regular Members or 9 voting Members, whichever is the smaller, represented in person or by proxy. An affirmative vote is the simple majority of the quorum unless otherwise stated in the bylaws.


  5. ORGANISATION OF THE SOCIETY

    1. The Council

      • The Society is governed by the Council. The Council is elected from members, who are in good standing, and shall be constituted thus:
      • A President.
      • A President-Elect.
      • An Honorary Secretary.
      • An Honorary Treasurer.
      • Six regular members.


    2. The incumbent President shall become the immediate Past-President and will assist the President in his/her duties.


  6. ANNUAL GENERAL MEETING

    • The Society will hold Annual General Meetings. The meeting will be held after the end of a financial year. Twenty-eight days' written notice of the Annual General Meeting shall be given to all members.
    • The Agenda for the Annual General Meeting


    1. Presentation and adoption of the Minutes of the previous Annual General Meeting and the Minutes of any Special General Meeting held since the previous Annual General Meeting.
    2. The presentation of the President's report.
    3. The Financial Statements by the Honorary Treasurer.
    4. The election of the President/President-Elect and five regular members and office bearers, where necessary, every third year.
    5. Any other business as the President may allow.
    6. Ratification of new Regional sub-group(s).
    7. Election of President and the President -Elect.
    8. Nominations for President and President-Elect shall reach the Honorary Secretary not less than seven days before the date set for an Annual General meeting.
    9. Election to serve on the Council .
    10. All members serving on the Council are eligible for re-election.
    11. Nominations to serve on the Council shall be taken from the Regular members. Only regular members in good standing at the time of the election may nominate, vote for, or be nominated, voted for and elected as Council members.
    12. All nominations must be proposed and be seconded.
    13. Meetings of the Council :
    14. The Council shall meet at least twice a year.
    15. Other groups managing pain .
    16. Should any other group involved in the management of pain, wish to affiliate to the Society, its membership must be at least 10% of the Society's full membership. The Council may add one seat to its ranks for an official representative of the affiliating society.
    17. A Council member who resigns :
    18. Upon resignation of a Council member, the Council may co-opt a regular member who is in good standing, in place of the person who has resigned.
    19. Voting
    20. One vote may be cast by every paid-up member, who is present at the Annual General or Special Meeting.
    21. Voting shall be by a show of hands unless the President or Chairperson rules otherwise.


  7. ADMINISTRATION AND POWERS OF THE COUNCIL

    1. The Executive Committee The Executive is elected by the Council and empowered in the interim between Council Meetings, to make decisions. The Executive Committee shall consist of:
      • The President
      • The President- Elect
      • The Immediate past President
      • The Honorary Secretary
      • The Honorary Treasurer
      • One other council member elected by the Council

    2. The Honorary Secretary The Honorary Secretary shall conduct correspondence, keep records of all transactions, compile the agenda for and keep minutes of the Annual General and Executive Committee meetings.
    3. The Honorary Treasurer The Honorary Treasurer shall operate the accounts of the Society, receive all moneys due, keep financial records and present an audited balance sheet at the Annual General Meeting.
    4. Expenses of Council and Executive members. Council and Executive members serve in an honorary capacity. Remuneration for out of pocket expenses incurred when carrying out Council or Executive instructions, will be reimbursed if the member provides the necessary documentary proof of expenditure and such payment has the prior approval of the Executive.
    5. By-Laws for the conduct and management of the Society : The Council is entitled to formulate By-laws for the conduct and management of the Society. By-Laws may be reviewed at an Annual General Meeting if notice of such review is formally given.
    6. Sub-Committees Council may appoint sub-committees.
    7. Co-option of members
      • The Council has the right to co-opt members and to appoint sub-committees.
      • A co-opted member may vote and may be nominated to represent the Society on matters specified by the Council or the Executive.
    8. Members failing to attend Meetings A member of the Council or Executive, other than an ex-officio member, who fails to attend three concurrent meetings without leave of absence, shall be deemed to have resigned.
    9. Special Council Meeting :

    A Special Council meeting may be called at the request of
    • The President
    • The majority of the Executive Committee
    • A special resolution of Regular members

    A petition signed by more than fifteen per cent of paid-up members may call for a Special Meeting. The petition must refer to a resolution, which members wish to have adopted by the Council. The proposal must reach the President, in writing, to enable him or her to table it at the next Executive Committee meeting. The resolution can only be presented to an Annual General Meeting or Special Meeting for discussion, if it is supported by the Executive Committee. The Secretary, upon instruction from the Executive, must give fourteen days written notice of such a Special Council Meeting.

  8. REGIONAL SUB-GROUPS

    1. The Council shall allow the formation of Regional sub- groups. Regional subgroups will have powers for independent action in local matters if such action does not conflict with the Constitution, general policies and rules of the Society. Each Regional sub-group will be encouraged to invite Hospice to nominate a representative to its Board.
    2. Liabilities of Regional subgroups : The Council or Executive of the Society or any individual on the Council or Executive shall not be liable for any debts incurred by Regional sub- groups.
    3. The Committee of a Regional sub-group : A regional sub-group shall form a Committee, by way of election, consisting of:

      • a Regional Chairperson;
      • an Honorary Secretary; and
      • an Honorary Treasurer.


    4. Regional Committee Members. Any non-elected Regional Committee member may attend a Council Meeting at the cost of the Regional sub- group.
    5. Ex-officio Members : Council members shall be ex-officio members of Regional sub -group committees, provided that the Regional sub-group committee is properly formed.
    6. Regional sub-groups and their Annual General Meeting A Regional sub-group shall hold its Annual General Meeting two months before an Annual General Meeting of the Society, except where special permission has been obtained and give by the Executive.
    7. Reports from Regional sub-groups:

    The Honorary Secretary of the Regional subgroup shall submit an annual, written report on activities of the Region to the Council's Annual General Meeting. Each Regional sub-group committee may consist of four members.

  9. REPRESENTATION AT SAMA NATIONAL COUNCIL

    At the first meeting of the newly elected council of the society 1 medical doctor member of the council, who is a member of the SA Medical Association, will be elected to represent the society at the SAMA National Council. This position will be held for the duration of the term of office of the council while the person is a member of the council.

  10. MEETINGS OF THE SOCIETY

    1. Notice of the Annual General Meeting : Notice of the Annual General Meeting shall be sent 28 (twenty-eight) days before the meeting, to all Regular members
    2. Presiding over a Council meeting : The President shall preside at an Annual General Meeting, or at any meeting of the Council. However, if the President is unable to be present, the President-elect or any other member of the Council may be elected to act as Chairperson for that meeting.
    3. A quorum A quorum of nine members shall be present at any Annual General or Special meeting
    4. Voting by proxy : Voting by proxy shall be permitted if the proxy is a Regular member. The proxy must hold a signed authorisation with the date of the meeting and a description of the subject matter on which the vote is to be taken. The proxy must be signed and dated by the member and be witnessed by any Regular member other than the proxy holder.
    5. Adjournment A member may move for an adjournment at any meeting (for reasons that must be stated). The President or Chairperson, in the case of a Regional subgroup, shall (provided the motion is seconded) put the motion to the meeting. If the motion is carried by a simple majority, the President or the Chairperson shall adjourn the meeting. A date for another meeting must be determined before the adjournment.
    6. Proposals: The Chairperson of the meeting may call for proposals from the floor. Before a proposal can be opened for discussion, it must be seconded.
    7. Amendments :


    An amendment to a proposal will take precedence in discussion over a proposal if it has been seconded.

  11. SUBSCRIPTIONS TO THE SOCIETY

    1. Subscriptions and Levies : Subscriptions and levies shall be decided by the Council and submitted to the Annual General Meeting, for approval. Notice of a motion to alter the existing subscription must be included with the notice of the Annual General Meeting.
    2. Termination of Membership : Termination of membership will be carried out either by a written resignation, addressed to the President or the Honorary Secretary, or by a decision of the majority of the Executive Committee. The name of any member in arrears for more than twelve months, shall be deleted from the membership register.
    3. Suspension of Membership


    Membership shall be suspended if any subscription fees imposed by the Council are still outstanding one year after the last payment. A member can be reinstated on payment of arrears or in accordance with such terms, conditions or concessions determined by the Council. If a stalemate in discussion on suspension of a member arises, the President or Regional Chairperson will exercise a casting vote.

  12. AMENDMENTS TO THE CONSTITUTION

    The Constitution may only be amended at an Annual General Meeting or Special General Meeting. Written notice of proposed amendments, additions or deletions shall be addressed to the Executive Committee. Alteration of the Constitution shall only be adopted if it receives a two-thirds majority vote.

  13. FINANCES OF THE SOCIETY

    1. The financial year The financial year end shall end on the 28th February in each year.
    2. Approval of Financial matters All financial matters must receive the approval of the Council.
    3. Audited Accounts An audited account of the Society's income shall be provided at an Annual General Meeting.
    4. Running Costs Wherever possible, subscriptions must cover the running costs of the Society.
    5. Banking account Signatories The Treasurer or Acting Treasurer shall be required to sign all cheques and/or instruments relating to the Society's Banking account(s), such signature being additional to that of one other member of the council; unless otherwise approved at the discretion of the Executive Committee.

  14. THE CONTROL OF THE SOCIETY

    The general control and direction of the policy and affairs of the Society shall be vested in the Council of Pain SA.

    1. Duration of Office The Council shall hold office for three years.
    2. Duties of the Honorary Secretary The Honorary Secretary of the Society shall keep records of all meetings of the Society and shall conduct all correspondence on the affairs of the Society.
    3. Duties of the Honorary Treasurer The Honorary Treasurer shall receive all moneys due to the Society and shall make disbursements as authorised by the Executive Committee.
    4. Nominations


    • They will receive, free of charge, the quarterly Pain SA Newsletter and any periodicals that the Society may issue.
    • The Honorary Secretary must call for nominations for the positions of President-elect, Honorary Secretary, Honorary Treasurer and Council Members.
    • Notice of an election and a request for nomination will be sent at least 28 (twenty-eight) days before the Annual General Meeting.
    • Each nomination must be referred to the Honorary Secretary, signed and dated by the proposed candidate, the member making the proposal and the member seconding it.
    • Nominations will close on the day of the Annual General Meeting.


  15. ACTIONS OF THE SOCIETY

    The Society may take such legal action as may be deemed necessary in all matters affecting the legitimate interests of its members. No individual person serving the Society or on the Council or the Executive will be liable for debts incurred by the Society.

  16. SUSPENSION OF THE SOCIETY

    The activities of the Society shall be suspended if its subscribing membership is less than eleven.

  17. DISSOLUTION OF THE SOCIETY

    In the event of the dissolution of the Society, any remaining assets, after all debts have been settled and all obligations met, shall not be paid to or given to, or divided among the Members of the Society, but be given or transferred to another Specialist or Special Interest Group engaged in activities similar to those for which this Society was established. Members attending the final Annual General Meeting of the Society or the Executive Committee shall designate such a Group.