Constitution

The constitution of National Driving School Association of South Africa (NDSASA)

The name of the association is National Driving School Association of South Africa (Inc.) herein after referred to as the Association or (NDSASA)

SECTION 1 Objective and purpose of the association

To represent the interest of its members with government and non-government authorities ,institution with leaners and drivers learning processes
To work with government (provincial and national department of transport) to ensure that driving school industry has appropriate ,consistent and reasonable regulation that allow the school to provide high level of learning and operate better business
To provide a communication and information link for members to become educated and deliberate on important issues or new act affecting the driving school industry
To encourage the members to operate with exemplary professional co nduct to build the public s sense of pride and trust in driving school industry
To work and cooperate with all community groups, agencies and legislators to bring about new public safer and to encourage any initiatives which lead to an improvement in road safety
To provide membership benefits that help our members (driving schools) run better businesses

SECTION 2 MEMBERSHIP CRITERIA

Any person who
1. Holds valid provincial Driving instructor License issued by the Ministry of transport OF South Africa and is attached or registered with Cipro to operate such
2. Wishes to further the interests of the Association

2. Membership of driving school

Any driving school shall deemed to be a member of association whose any one (owner

/director) of such driving school attains the membership of the association

3. Membership procedure

Any eligible owner of a driving school seeking membership of association shall make application on a prescribed membership form with applicable fee
The executive committee of NDSASA reserve the right to reject any membership application in violation of any condition/s of membership eligibility as prescribed in section 1 of the constitution

4. Member obligations

Each member admitted to membership shall
- Be bound by the rules of the constitution and code of conduct of the
- become liable for such fee and subscription as may be fixed by the Board of directors of the association

5) Duration of membership

such member shall continue on the membership roster so long as they remain member in good standing as established by the to maintain membership in good standing fees are payable annually as and in amount determined by the board of Directors and notified time to time.

6) Member Benefit

a)each member shall be entitled to all advantage and privileges of membership as per membership category of the member and as approved by Board of Directors from time to time

7) Fee payable

All fees paid are non-refundable and fee shall be determined by the Board of Directors tome to time.

8) Termination of membership

Membership owner of driving school with Association shall deem to be terminated at the time, the approval of such driving school is revoked by Minister of Transport of Republic of South
Any member’s membership shall be terminated by the following 1.1) Resignation

Expulsion
Death of Member
Permanent Driving School Closure
A Member’s annual membership fee remains unpaid after 30 days falling due.
False or inaccurate statements made in the member’s application to obtain membership of the
Breach of any rule of Code of Ethics or Constitution of the 1.8) any act of member detrimental to the reputation of the Association.

9). Appeals

Any member who is expelled, suspended or has their membership terminated, shall have the right to appeal against their membership termination or suspension or expulsion by presenting their case to the Executive Committee or any Appeals Sub-Committee of the Association.
Appeal against termination, suspension and expulsion can only be made within fourteen (14) business days from the date of the decision on a prescribed application form along with applicable parties.
Decision of any committee presiding on an appeal shall be final and binding on all

SECTION 3. Board of Directors

The board of directors shall consist of a total of four (4)
The Board of Directors shall include the President, Four (4) Driving School Owners/Operators.
Candidacy for President shall be elected among Driving School Owner whom won the election on the AGM
All vacancies in the Board of Directors shall be filled by
Voting shall be held by means of secret Paper Ballot and/or by method determined by the elected board of
The Board of Directors shall appoint three (3) executive committee members among themselves apart from President for the term of Board, Vice President, Secretary and Treasurer
Executive committee shall consist of four (4) officers namely President, Vice President, Secretary and

SECTION 4. Office Term

All terms of office run for a period of five (5) years.

SECTION5. Candidacy for President/Directors

Eligible members shall be given at least fourteen (14) day notice by secretary to apply for President/Director.
If no candidate apply for a post of President and/or Director in the Board of Directors then members present in Annual General Meeting shall have the right to nominate an eligible member for such position/s.
Any candidate running for President/Director of NDSASA must be a member of NDSASA in good standing and is not a member of Board of Director of any organization of Driving Schools and/or Driving Instructors in South Africa with similar objectives as

SECTION 6. Executive Committee Restrictions

No person shall hold more than one position of the Executive Committee at any one time.

SECTION 7. Resignation and Vacancies.

A Director or Executive Committee officer may resign at any time by filing a written resignation with the secretary or to President in case of Secretary , and unless a later date is fixed by its terms, said resignation shall be effective from the filing thereof.
Whenever a vacancy for Director and/or Executive committee officer shall occur in the Board of Directors from any cause, it shall be filled by procedure as laid out in Any Director or Executive committee member elected for such vacancy shall serve only until his/her predecessor was elected and qualifies.

SECTION 8. Recall of Director / Executive

A Director may be removed from the Board of Directors or Office of Executive Committee by any one of the following reasons
Two-third (2/3) Majority vote in Board of Directors Meeting.
Two-third (2/3) Majority vote of total members in a General Meeting called for such Online and/or Ballot voting procedure may be used for such purpose on the day of meeting or on a later date as fixed in the meeting.
A Director shall automatically loose position on Board of Directors for remaining absent in any two (2) meetings in a row without leave of absence for valid reason provided in writing to Secretary or in case of secretary to the President .

SECTION 9. Powers of Board of Directors

The board of directors shall

Have the general supervision, management, and control of the affairs and business of the
Make, amend and rescind rulings, Code of Ethics and the Constitution of Association.
Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof.
b) Adjudicate on all matters brought before it by Members which in any way affect the Association and Driving school Industry.
Have the power to form and appoint any sub-committee/s as required for specific purposes.
May at their discretion employ a person or persons to carry out certain duties required by the Association, at salaries or remunerations for such period of time, as may be deemed necessary.
Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such
Fix the manner in which such banking accounts shall be operated upon provided the Executive Committee passes all payments.
Appoint an officer/s or agent to have custody of the Association’s records, documents and
Any other power given to Board of Directors that is ratified by members at Annual General Meeting or General Meeting.

SECTION 10. Meetings of the Board of Directors

A) An annual meeting of the Board of Directors shall be held in conjunction but before the Annual General Meeting of the
B) Two (2) Regular meetings of the board shall be held in spring/summer and fall/winter as fixed by the directors
Special meetings of the board shall be at the call of the president or secretary or on the written request of at least one-third (1/3) Directors to
The Secretary shall give at least fourteen (14) days’ notice of the date of the meeting of Board of Directors to its members by mail, email, SMS or any other electronic means on contact information of Directors as it appears on the records of the Association stating date, time and place of the meeting.
Meetings of the Board of Directors may be face to face or through conference call or any other electronic means of
A quorum of the board of directors shall be at least one-half (1/2) voting

SECTION 11. Annual General Meeting or General Meeting

The Annual General Meeting of the Association must be held within two months of the end of the Association’s financial year e. in January or February. The agenda for an Annual General Meeting shall be;

Opening of Meeting
Apologies
Confirmation of Minutes of previous Annual General Meeting
Presentation of Annual Report
Adoption of Annual Report
Presentation of Treasurer’s statement
Election of New Directors and appointment of Executive committee officers if the term is
Vote of thanks to outgoing Directors
Determination of Annual Membership Fee
Notice/s of Motion
Urgent general business
Closure
A General Meeting may be called at the request of the President and Secretary or on the written request of minimum 25 members to President of the Association to deliberate on any issue affecting the Association or Driving school Industry as a Notice of General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that General Meeting.
All members may attend the Annual General Meeting or General Meeting.
The Secretary shall give at least Seven (7) days’ notice of the date of Meeting to members by mail, email, SMS or any other electronic mean on contact information of members as it appears on the records of the Association stating date, time and place of the meeting.
Members not able to attend the General Meeting may send their opinion or feedback on the subject for which meeting is called by email with full details of member including Name, Membership Category, Membership Number, Driving School Name at least one (1) days prior to date of meeting. Any such email which clearly defines the opinion of member in ‘Yes’ or ‘No’ vote on the subject for which meeting is called, will be taken into consideration for majority decision making process at the meeting.
A count of one-third (1/3) physically present members and emailed opinion of members shall constitute a quorum at any meeting of the members.
If there be no quorum at the end of 30 minutes after the time appointed in the notice for the opening of the meeting, at such meeting, those members present shall be competent to discharge the business of the meeting and any decision taken by majority of members’ present and emailed opinion in ‘Yes’ or ‘No’ vote of members not present shall be adopted by the association

SECTION 12. Voting powers Board of Directors meetings

The President shall be entitled to a deliberate vote and, in the event of a tied vote; the President shall exercise a casting vote.
Each individual member present shall have one (1)

SECTION 13. Voting powers at the Annual General Meeting or General Meeting

The President shall be entitled to a deliberate vote and, in the event of a tied vote; the President shall exercise a casting vote.
Each individual member present shall have one (1)
Each email of the member not present in General Meeting clearly signifying ‘Yes’ or ‘No’ on the subject of General Meeting in email shall have (1)

SECTION 14 FINANCE AND RECORDS

All property and income of the Association will apply solely to the promotion of the objectives of the Association and no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these objectives.
All funds of the Association shall be deposited into the Association’s accounts at such bank or recognized financial institution as the Board of Directors may
All accounts due by the Association shall be paid by transfer after having been passed for payment at the Executive Committee meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the Executive Committee meeting.
The Secretary shall not spend more than a set amount Petty Cash (R2000) without the written consent of the President, and shall keep a record of such expenditure in a Petty Cash
A statement showing the financial position of the Association shall be tabled at each Board of Directors Meeting by the
A statement of Income and Expenditure, Assets and Liabilities shall be submitted to the Annual General Meeting.
The accounts, books and all financial records of the Association shall be audited each year.
The signatories to the Association’s account/s will be the Treasurer and any one (1) from the following;
President
Secretary
All record of the association shall remain at the premises of the association.
Any record in personal possession of any member of outgoing Board of Directors and/or any other member for any reason shall be handed over to incoming Executive Committee Officers within three (3) days of election of new Board of

SECTION 15 COMMON SEAL

The common seal of the Association (A rubber stamp on which is engraved the Association’s name) shall be kept in the care of the Secretary and shall not be used for any personal correspondence by
The seal shall not be used or affixed to any deed or document except pursuant to a resolution of the Board of Directors and in the presence of at least the President and one other member of the Executive Committee, who shall subscribe his/her names as
President or Secretary can affix seal on any correspondence of

SECTION 16 DIGITAL SIGNATURE

In any official electronic correspondence of the Association, no one can use the digital signature of another member or officer without his/her written consent.

SECTION 17 ALTERNATIONS

Alterations to the Fees, levies, fines, Code of Ethics or the Constitution can be made only at Board of Directors Meetings provided notice of the proposed alteration/s has been duly notified to Directors at least seven (7) days prior meeting by the secretary.
Such motions, or any part thereof, shall be of no effect unless passed by a seventy five percent (75%) majority of those members present and/or entitled to a vote at the Meeting, as the case may
The Secretary shall notify any Government or Non-Government department of the amendment within prescribed timeframe if required by

SECTION 18 DISSOLUTION

Disposal of Property

If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of Association and the costs charges and expenses of that winding up, that property shall be distributed to

Another incorporated association having objectives similar to those of the Association
For any charitable or benevolent fund dedicated to road safety or driver education as determined by resolution of the members.

Striving For a Better Future Generation