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SAPFED Constitution (June 2022)

THE CONSTITUTION

of the

SOUTHERN AFRICAN POLYGRAPH FEDERATION

 

DEFINITIONS

1. In the interpretation of this Constitution the following definitions shall apply:

 

accredited institution
Any institution accredited by American Polygraph Association (APA) or endorsed by the Southern African Polygraph Federation (SAPFED) on the grounds of recognition that presents formal polygraph courses and training and meets internationally recognised polygraph standards.
Act
A bill which has passed through the required legislative and which has become law in South Africa.
Annual General Meeting
Annual general meeting (AGM) of the Southern African Polygraph Federation’s members.
auditors
Auditors appointed to deal with the Southern African Polygraph Federation’s matters.
ballot
An audited voting process used by members to vote on an issue of the Southern African Polygraph Federation. The ballot may be by electronic vote, physical vote or by proxy vote.
Board
Board of Directors of the Southern African Polygraph Federation.
Code of Ethics
A code of ethical conduct (COE) that members of the Southern African Polygraph Federation shall adhere to.
Code of Practice
A code of standards of practice (COP) that members of the Southern African Polygraph Federation shall adhere to.
Constitution
The constitution of the Southern African Polygraph Federation.
Director
An elected member of the Board of Directors of the Southern African Polygraph Federation.
elected term
The period between the date of a Director’s election and the day on which he vacates that position.
electronic vote
An audited electronic voting system used by the Southern African Polygraph Federation to ballot its members.
examinee
A person who voluntarily undergoes or has undergone a polygraph examination.
Federation
The Southern African Polygraph Federation.
internal enquiry
An enquiry conducted by the Southern African Polygraph Federation to investigate an allegation of misconduct, poor service delivery or a breach of the Constitution or a Regulation by a member.
internship
A specific and limited period of polygraph training that an Intern member undergoes under the mentorship of an experienced polygraph examiner.
majority vote
An audited voting result reflecting the choice of 50% plus-one of the members of the Southern African Polygraph Federation who voted in a ballot.
may
Indicates an option.
meeting
Any meeting of the members of the Southern African Polygraph Federation or the Board of Directors, whether in person, by teleconference or by any other communication or electronic means.
member
A paid-up member of the Southern African Polygraph Federation.
national ballot
A national voting process in which all members of the Southern African Polygraph Federation may cast their votes on a matter brought before them in terms of this Constitution.
person
A natural person.
polygraph instrument
An instrument used to conduct polygraph examinations.
polygraph examination
A complete pre-test, in-test and post-test polygraph procedure using a polygraph instrument and generating a finding.
polygraph examiner
An experienced investigator who has undergone specific and recognised specialised training in the field of polygraph examinations, synonymous with the term ‘polygrapher’ or ‘polygraphist.’
polygraphy
The forensic detection of deception and truth verification as conducted by a qualified polygraph examiner using a polygraph instrument and recognised polygraph testing procedures.
President
The elected chairperson of the Board of Directors of the Southern African Polygraph Federation.
quorum for an AGM and SGM
When 25% plus one of the members of the Southern African Polygraph Federation are present or represented by proxy then a motion shall be carried when 50% plus one of the votes cast support the motion.
quorum for an electronic ballot
When 25% plus one of the members of the Southern African Polygraph Federation participate in the ballot then a motion shall be carried when 50% plus one of the votes cast support the motion.
Regulations
The rules and procedures established and adopted by the Board of Directors to administer the affairs of the Southern African Polygraph Federation and include a Code of Ethics (COE) and a Code of Practice (COP).
shall
Indicates an obligation.
Special General Meeting
An extra-ordinary special general meeting (SGM) of the Southern African Polygraph Federation members convened for a specific purpose in terms of the Constitution.
Vice-President
The elected Vice-chairperson of the Board of Directors of the Southern African Polygraph Federation.
vote
A selection made by a member of the Southern African Polygraph Federation when balloted and may be by electronic vote, physical vote or by proxy vote.

ARTICLE A – Identity and Existence

  1. The organisation hereby constituted will be called the Southern African Polygraph Federation.
  2. The shortened name of the organization hereby constituted will be called SAPFED.
  3. This organisation shall be a body corporate and have an identity and existence distinct from its members or office-bearers. This organisation shall:
    1.  Exist in its own right, separately from its members.
    2. Continue to exist even when its membership changes and there are different office bearers.
    3. Be able to own property and other possessions.
    4. Be able to sue and be sued in its own name.
  4. This organisation may close if at least two-thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favour of closing.
  5. When the organization closes it must pay off all of its debts. After doing so, if there is property or money left over it should not be paid or given to members of the organization, it should be given to another non-profit organization that has similar objectives. The organisation may be decided during the organisation’s general meeting.

ARTICLE B – Mission and Goals

  1. The mission of the Southern African Polygraph Federation (SAPFED) is to co-ordinate and consolidate the activities of the polygraph profession and the polygraph industry in Southern Africa by:
    1. Advancing the highest standards of professional, moral and ethical conduct of its members.
    2. Serving the cause of impartiality, truth, justice, fairness, respect for human dignity and fundamental human rights irrespective of race, culture, gender, sexual-orientation or social status as enshrined in the Constitution of the Republic of South Africa.
    3. Promoting professional standards of polygraph, founded on the Federation’s Code of Ethics (COE) and Code of Practice (COP) and international best-practises in the field of polygraph.
    4. Promoting advanced levels of training, developing specialised skills and creating a forum where such knowledge and expertise can be exchanged between polygraph examiners in the industry.
    5. Promoting high standards of service delivery and professionalism amongst its members and advancing the interests of its members.
    6. Liaising with individuals and institutions, locally and abroad that can contribute to the professionalism of polygraph and the polygraph industry in Southern Africa.

ARTICLE C – General Provisions

  1. This document shall be known as the Constitution of the Southern African Polygraph Federation.
  2. The following provisions shall govern the contents of this Constitution:
    1. This Constitution shall apply to all members of the Southern African Polygraph Federation.
    2. All business, notices, reports, statements and records of the Federation shall be conducted in the English language.
    3. Unless the context requires otherwise, any words referring to the singular shall also imply the plural and vice versa. Words referring to any one gender shall include the other gender.

ARTICLE D – Membership (Proposed changes in red)

  1. Membership to the Southern African Polygraph Federation is a privilege conditioned on the adherence to the requirements as stipulated for each class of membership.
  2. There shall be four (4) classes of membership at the Southern African Polygraph Federation.
    1. Member
      1. Has completed polygraph training at an accredited or SAPFED endorsed institution and graduated as a polygraph examiner.
      2. Has attained the age of twenty-three (23) years.
      3. Was not convicted of an offence, as listed in Schedules 5 and 6 of the Criminal Procedure Act, 51 of 1977, as amended, in the past ten years, and were sentenced to a period of one year or longer in prison without the option of a fine.
      4. Is of good moral and ethical standing.
      5. Has not previously been expelled from this or any other polygraph federation, organisation, or association for violating their Code of Ethics or Code of Practice or bringing the polygraph profession into disrepute.
      6. Has completed more than five hundred (500) polygraph examinations.
      7. Has at least three (3) years of verifiable investigative experience.
      8. Is eligible to hold any elective office in the Southern African Polygraph Federation if he has been a member of the Southern African Polygraph Federation for at least two years.
    2. Intern
      1. Has completed polygraph training at an accredited or SAPFED endorsed institution and graduated as a polygraph examiner.
      2. Has attained the age of twenty-three (23) years.
      3. Was not convicted of an offence, as listed in Schedules 5 and 6 of the Criminal Procedure Act, 51 of 1977, as amended, in the past ten years, and were sentenced to a period of one year or longer in prison without the option of a fine.
      4. Is of good moral and ethical standing.
      5. Has not previously been expelled from this or any other polygraph federation, organisation, or association for violating their Code of Ethics or Code of Practice or bringing the polygraph profession into disrepute.
      6. Has not yet completed five hundred (500) polygraph examinations.
      7. Does not yet have at least three (3) years of verifiable investigative experience.
      8. Is not eligible to hold any elective office in the Southern African Polygraph Federation.
    3. Government Membership
      1. Government Membership is a class of membership reserved for government employees who conduct polygraph examinations as a normal function of their duties and responsibilities as a government employee. This class of membership is intended for, but not limited to, employees of the state in any of the various branches of policing and defence.
      2. This membership does not extend to any persons performing examinations in their private capacity or outside of their normal function of their duties and responsibilities as a government employee. Those persons would need to apply as a Member.
      3. Does not refer to members who conduct polygraph examinations in their personal capacity. Any polygraph examiner who conducts examinations in their personal capacity or in any private sphere separate from their governmental duties will be categorized as a Member with all the applicable rights and responsibilities.
      4. Has completed polygraph training at an accredited or SAPFED endorsed institution and graduated as a polygraph examiner.
      5. Has attained the age of twenty-three (23) years.
      6. Was not convicted of an offence, as listed in Schedules 5 and 6 of the Criminal Procedure Act, 51 of 1977, as amended, in the past ten years, and were sentenced to a period of one year or longer in prison without the option of a fine.
      7. Is of good moral and ethical standing.
      8. Has not previously been expelled from this or any other polygraph federation, organisation, or association for violating their Code of Ethics or Code of Practice or bringing the polygraph profession into disrepute.
      9. Has completed more than five hundred (500) polygraph examinations.
      10. Has at least three (3) years of verifiable investigative experience.
      11. Is eligible to hold any elective office in the Southern African Polygraph Federation if he has been a member of the Southern African Polygraph Federation for at least two years.
      12. Be exempt from annual membership dues to the Association.
      13. Does not qualify for training subsidies pertaining to external training or events, however, does qualify for any fees or discounts pertaining to internal training or events hosted by the Southern African Polygraph Federation.
    4. Honorary Membership
      1. Honorary Members are those accepting persons who:
      2. Have made an outstanding contribution to the Association and the polygraph profession, and;
      3.  Have been nominated by any Member for Honorary Membership, and;
      4. Whose nomination has been approved by a majority vote of the Board.
      5. Not have the right to vote in matters before the General Membership.
      6. Have the right to speak on any issue before the General Membership or the Board of Directors.
      7. Not be eligible to hold any elective office in the Association.
      8. Not be eligible to Chair any Standing or Ad Hoc Committee.
      9. Be exempt from annual membership dues to the Association.
      10. Does not qualify for training subsidies pertaining to external training or events, however, does qualify for any fees or discounts pertaining to internal training or events hosted by the Southern African Polygraph Federation.
  3. Changes or additions to the classes of membership or the requirements and rights of each class of membership shall be approved by a majority vote of the members at an AGM, SGM or during a national electronic ballot.
  4. Membership of the Federation may be terminated in the following circumstances:
    1. Any repeated contraventions by a member of the Constitution, Regulations, Code of Ethics or the Code of Practice.
    2. Conduct that has brought the Southern African Polygraph Federation or the polygraph profession into serious disrepute.
    3. When a member is convicted of a serious crime that has or could bring the Southern African Polygraph Federation, its members or the polygraph profession into serious disrepute.
    4. Persistent failure of a member to meet his financial obligations to the Federation.
    5. Failure on the part of accused member to provide information requested by the Board and/or to co-operate fully with the DES or an investigating Director appointed to conduct an Internal Enquiry.
    6. Proven contraventions of the Constitution, the Code of Ethics and/or the Code of Practice of the Southern African Polygraph Federation.
  5. A former-member of the Southern African Polygraph Federation may re-apply for membership provided that he meets the requirements for membership above, has not previously been expelled from the Southern African Polygraph Federation for bringing the organisation or the profession into disrepute and does not have any outstanding financial obligations to the Southern African Polygraph Federation.
  6. Membership fees shall be determined annually and approved by the Board of Directors of the Southern African Polygraph Federation.
  7. New members joining the Southern African Polygraph Federation during the first six (6) months of the financial cycle shall pay the full membership fee, whereas new members joining in the latter six (6) months of the financial year shall pay only 50% of the annual membership fee.

ARTICLE E – Board of Directors

  1. Only members in the category Member or Government Member may be elected as Directors of the Board.
  2. The Directors shall perform the duties and functions of their portfolios as stipulated Article F of the Constitution of the Southern African Polygraph Federation.
  3. The President may establish ad-hoc committees for the purpose of achieving a specific objective. He shall appoint a Director or co-opt a Member to act as the convenor of the ad-hoc committee for its duration. The ad-hoc committee shall dissolve upon the completion of its stated purpose.
  4. The Board of Directors shall compile and retain administrative and financial records, policies and procedures created during its term to administer the Southern African Polygraph Federation. These archives and historical records shall be transferred to subsequent Board of Directors for that intended purpose.
  5. The Board of Directors may establish and present awards to recognise individuals who have made significant contributions to the development of the polygraph profession in Southern Africa or to recognise polygraph examiners who have displayed exceptional levels of excellence in the polygraph profession.
  6. The Board of Directors of the Southern African Polygraph Federation shall consist of eight (8) Directors:
    1. The President
    2. The Vice President
    3. The Immediate Past President – Chairman of the Board
    4. Director of Administration and Communication (DAC)
    5. Director of Finance and Membership (DFM)
    6. Director of Policy and Legislation (DPL)
    7. Director of Ethics and Standards (DES)
    8. Director of Training and Development (DTD)
  7. The following stipulations and provisions shall apply to the Board of Directors of the Southern African Polygraph Federation:
    1. The Board of Directors shall be the highest decision-making body of the Southern African Polygraph Federation.
    2. The Board of Directors shall carry out the powers on behalf of the Southern African Polygraph Federation and shall manage the affairs of the Federation in accordance with the resolutions of the members as shall be taken from the AGMs.
    3. The Board shall be elected by the members of the Federation by majority vote during an electronic vote or at a properly constituted AGM or SGM.
    4. The President and Vice President shall be elected by the members of the Federation by majority vote during an electronic vote or at a properly constituted AGM or SGM.
    5. The newly elected President and Vice President shall elect the various portfolios / Board of Directors positions during the inaugural Board of Directors meeting and shall be allocated by consensus of the new Board of Directors to be conveyed to the members within seven (7) days.
    6. The Board of Directors may as required formulate, amend and administer appropriate Regulations that govern the day to day functioning of the Southern African Polygraph Federation.
    7. The Board of Directors shall convene prior to every AGM or SGM and whenever necessary. A meeting of the Board may be called at any time by the President or any Director.
    8. The Board of Directors is responsible for the daily administration of the Southern African Polygraph Federation and to protect the best interests of the Federation, its members and the polygraph profession.
    9. No member of the Board of Directors shall be held personally liable for any loss suffered by any person as a result of an act or omission which occurs in good faith while the Director is performing functions for or on behalf of the Southern African Polygraph Federation.
    10. The Board of Directors shall have the authority to raise funds or to invite and receive contributions on behalf of the Southern African Polygraph Federation.
    11. The Board of Directors shall have the buy, hire or exchange for any property that it needs it needs to achieve the objectives of the Southern African Polygraph Federation. 
    12. The Board of Directors have the authority to form sub-committees as and when it is required for the proper functioning of the Southern African Polygraph Federation. 
      1. The Board may delegate any of its powers to the sub-committee provided that:
        1. Such delegations and conditions are reflected in the minutes of a meeting.
        2. The sub-committee is supervised by a member of the Board of Directors.
        3. The sub-committee reports back to the Board of Directors through the supervising Director on a regular basis.
        4. All expenditure incurred by the sub-committee is approved in advance by the Board of Directors.
        5. The Board of Directors my revoke the delegation or amend the conditions of the delegation by their own discretion.
      2. No member serving on a sub-committee shall be held personally liable for any loss suffered by any person as a result of an act or omission which occurs in good faith while the member is performing functions for or on behalf of the Southern African Polygraph Federation.
    13. All decisions of the Board of Directors shall be made by a majority (4/7) vote of the Directors representing a quorum and only after inputs concerning the matter tabled have been received from all Directors of the Board.  
    14. Each Director shall hold office starting on the 1st day of January after the member was elected, for two consecutive years until replaced by the newly elected official on the 1st day of January after the elections.
    15. Upon any vacancy occurring in the board of directors prior to the next annual general meeting (AGM), the vacancy in question shall be filled by a person nominated by the remaining directors for the time being in office.

ARTICLE F – Duties of the Directors

  1. The Directors of the Southern African Polygraph Federation shall perform the following duties as designated by the portfolios below and any other duties agreed upon by the Board of Directors:
    1. The President
      1. Shall preside over all meetings of the Board of Directors or members or nominate the Vice President or a Director to preside when necessary.
      2. Supervise the expenditure of the Federation’s funds and ensure that a certified financial statement is distributed before and tabled during the annual AGM for scrutiny by any member.
      3. Supervise the affairs and administration of the Southern African Polygraph Federation and the duties of those appointed to office.
      4. Assist the Vice-President to deal with all complaints and internal enquiries of the Southern African Polygraph Federation.
      5. With the assistance of the Director of Administration and Communication deal with all correspondence entering and leaving the Southern African Polygraph Federation.
      6. Publish, distribute or compile, or cause to be published, distributed or compiled, any publication, newsletter, journal or document agreed upon by the Board of Directors.
      7. Liaise with the media, including radio, television, electronic and printed media and any relevant institutions, associations or federations with the aim of promoting the mission, role, functions and activities of the Federation, its members and the polygraph profession in general.
      8. Promote the Federation and its members whenever and wherever possible and to encourage the public to use polygraph examiners registered with the Southern African Polygraph Federation.
      9. Represent the Southern African Polygraph Federation at official functions or delegate this function to another Director when appropriate.
      10. Perform other duties as assigned by the Board of Directors.
    1. The Vice President
      1. Represent the Federation in the President’s absence.
      2. Supervise all complaints and internal enquiries of the Southern African Polygraph Federation and co-ordinate such matters with the Director of Ethics and Standards or investigating Director as required in Article E of the Regulations.
      3. Regularly report to the President and the Board of Directors on the progress of enquiries concerning complaints or other issues relating to the violation of the Constitution or any Regulations.
      4. Perform other duties as assigned by the Board of Directors.
    1. The Immediate Past President – Chairman of the Board
      1. Serve as Immediate Past President with immediate effect when term as President ends.
      2. Serve as Immediate Past President until such time as the position is passed to the outgoing President.
      3. Be the Presiding Chairperson at the board of Directors as a non-voting member of the Board of Directors with the exception of circumstances where a deciding vote is required due to a tie.
      4. Serve as an advisory member to the Board of Directors.
      5. Shall call a meeting of the board of Directors upon request of the President, or as may be required by majority vote of the Board of Directors.
      6. Shall undertake such other duties as assigned by the President or the Board of Directors.
    1. The Director of Administration and Communication
      1. Serve as the secretary and communications officer of the Southern African Polygraph Federation which includes receiving all correspondence and channelling it to the President and Board of Directors where appropriate.
      2. Be responsible for recording and retaining the official minutes, resolutions, and proceedings of the Southern African Polygraph Federation, emanating from all business meetings of the members, of the Board of Directors or meetings convened for the effective and orderly administration of the Southern African Polygraph Federation.
      3. Distribute official notices, minutes and correspondence to all members when required.
      4. Administer the Federation’s internet website, e-mail address and other electronic and internet platforms.
      5. Identify and utilise the services of an independent electronic voting service to independently collect and audit votes when a national electronic ballot is conducted.
      6. Issue new membership certificates (electronic or hard-copy) in conjunction with the Director of Finance and Membership.
      7. Perform other duties as assigned by the Board of Directors.
    1. The Director of Finance and Membership
      1. Serve as the treasurer of the Southern African Polygraph Federation and deal with all financial and membership matters of the Federation.
      2. Handle all funds and maintain complete and accurate records of all financial transactions over the financial cycle from 1 July to 30 June of the following year.
      3. Act in all financial matters wherein an authorised signature is required on behalf of the Federation, after receiving approval from the Board.
      4. Identify an independent and certified public Accountant for approval by the Board of Directors that will perform an annual certification of the Southern African Polygraph Federation’s financial accounts and report on the Federation’s financial status.
      5. Distribute the annual certified financial report to all members at least seven (7) days prior to a forthcoming AGM or SGM and to present the annual financial report at such a meeting.
      6. Maintain a list of the Federation’s physical assets, indicating where they are located and the member responsible for the asset, and to verify these matters annually prior to the AGM.
      7. Maintain a ‘Statement of Income, Expenses and Liabilities’ of the Southern African Polygraph Federation and report on these matters in writing to the Board of Directors every six (6) months. Such statements shall be available to any member for inspection.
      8. Monitor and record the payment of membership fees into the Southern African Polygraph Federation’s bank account by new and existing members. Membership fees shall be payable annually on a date determined by the Board.
      9. Distribute reminders and final notices to all members concerning annual membership fees due that are due and follow up any outstanding membership fees.
      10. Report to the Board any member that repeatedly fails to meet his financial obligations to the Southern African Polygraph Federation. Such a member may have their membership suspended until such time that the outstanding fees have been paid in full to the Federation or their membership may be cancelled if fees have not been paid after the prescribed reminders have been sent to them.
      11. Seek the approval of the Board of Directors to pay any expenses, relevant taxes or levies due by the Federation or incurred by a Director or member acting on behalf of the Southern African Polygraph Federation and to keep record of all such transactions.
      12. Together with the Board of Directors, compile a plan-of-action for the forthcoming twelve months and prepare a budget for approval by the Board, within thirty (30) days of being appointed to office.
      13. Administer an interest-earning bank account at an approved banking institution in which all Federation funds shall be deposited for the exclusive use of the Federation and its members.
      14. Receive applications for membership to the Southern African Polygraph Federation, consider the category that the applicant qualifies for, circulate the application documentation to the Board of Directors for comment and approval or rejection by majority (4/7) vote.
      15. Issue new membership certificates (electronic or hard-copy) in conjunction with the Director of Administration and Communication, to update the membership register and to advise new members of the process they need to follow to be listed on the Southern African Polygraph Federation website.
      16. Inform unsuccessful applicants accordingly, provide them with reasons for the rejection and state what requirements they may need to fulfil before their membership can be reconsidered.
      17. Perform other duties as assigned by the Board of Directors.
    1. The Director of Policy and Legislation
      1. Manage and administer all activities concerning policies and legislative matters pertaining to the Southern African Polygraph Federation and to report on such activities to the Board of Directors.
      2. Advise and make recommendations to the Board of Directors on any legal matters relating to the Constitution, Regulations, Code of Ethics, Code of Practice or any other issue relevant to the activities of the Southern African Polygraph Federation.
      3. Seek legal representation for the Southern African Polygraph Federation when relevant.
      4. Access and distribute relevant research material that can be useful to members in terms of the Commission for Conciliation, Mediation and Arbitration (CCMA), Labour law and other legislation and statutes affecting the Southern African Polygraph Federation’s members in particular and the polygraph industry in general.
      5. Co-ordinate the bestowing of awards established by the Board of Directors as envisaged in Article E5 above. This will include annually inviting nominations from the members, submitting nominations to the Board for consideration and approval and arranging the award ceremony at an appropriate meeting.
      6. Register with the Information Regulator as the Information Officer, in terms of section 55(2) of the Protection of Personal Information Act 4 of 2013, and to perform all duties as required by the Act.
      7. Perform other duties as assigned by the Board of Directors.
    1. Director of Training and Development
      1. Manage and administer all activities concerning polygraph training and the internship programmes of the Southern African Polygraph Federation and to report on such activities to the Board of Directors.
      2. Identify the advanced training and development needs of the members.
      3. Organise and facilitate advanced training and seminars for the members.
      4. Collect and distribute relevant research material which can be useful to members and to advance the continued education of members.
      5. Liaise with other polygraph associations and training institutions in order to promote co-operation and the exchange of training material between such bodies and the Southern African Polygraph Federation.
      6. Identify mentors that can assist with the internship of Intern members.
      7. Compile an internship programme and set measurable standards or targets that must be attained by Intern members during such an internship programme.
      8. Monitor the progress of Intern members undergoing an internship programme in conjunction with the mentor supervising the Intern member.
      9. Endorse the completion of internship programmes by Interns and recommend applications by Interns for appointment to the membership category, Member.
      10. Perform other duties as assigned by the Board of Directors.
    1. Director of Ethics and Standards
      1. In conjunction with the Vice-President, manage and administer all activities concerning ethical matters, standards of practise, grievances and complaints made against members of the Southern African Polygraph Federation or the Board of Directors, in terms of the ‘Quality Control checklist’ and ‘Quality Control Time-frame’ (see Regulations and Annexure C).
      2. Mediate or assist the Vice-President to mediate between complainants and accused members when a mediation process is appropriate in terms of the ‘Processing of a Complaint -Time-frame’ (see Regulations and Annexure A).
      3. Conduct internal enquiries and quality control assessments in terms of section E of the Regulations ‘Procedures for handling complaints and internal enquiries’ when instructed to by the President and/or Vice-President and submit reports for consideration in terms of the ‘Internal Enquiry – Timeframe’ and ‘Quality Control – Timeframe’ (see Regulations and Annexures B and C).
      4. Regularly report to the Vice-President and the Board of Directors on the progress of enquiries concerning complaints or other issues relating to the violation of the Constitution or any Regulations of the Southern African Polygraph Federation.
      5. Perform other duties as assigned by the Board of Directors.

ARTICLE G – Finances, Income, Property and Renumeration

  1. The Board of Directors must open and / or maintain a bank account in the name of the Southern African Polygraph Federation with a registered bank.
  2. Any financial documents requiring signature on behalf of the Southern African Polygraph Federation shall be signed by at least two persons authorized by the Board of Directors. Whenever funds are removed from the bank account of the Southern African Polygraph Federation the President and a person authorized by the Board of Directors must sign for the withdrawal.
  3. The financial year end of the Southern African Polygraph Federation shall be on the last day June of each year.
  4. The Board of Directors must ensure that proper records and books of accounts are maintained which reflect the affairs of the Southern African Polygraph Federation. Within six (6) months of its financial year a report will be compiled by an independent registered Accounting Officer stating whether the financial statements of the Southern African Polygraph Federation are consistent with the accounting policies and practices of the Southern African Polygraph Federation.
  5. The Director of Finance and Membership / Treasurer is responsible for ensuring that the money of the Southern African Polygraph Federation is safe and accounted for.
  6. Should any finances be available to be invested, funds may only be invested with registered financial institutions. These institutions are listed in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984, or as shall be amended in the act. The Southern African Polygraph Federation may acquire securities that are listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985, or as amended. The Southern African Polygraph Federation may request assistance from registered financial practitioners or financial service providers in the administration of the funds of the Federation.
  7. The Southern African Polygraph Federation will keep a record of everything owned by the organisation.
  8. The organisation may not give any of its money or property to its members or the Board of Directors with the exception of members of the Board of Directors or any other member co-opted by the Board of Directors who may be remunerated for expenses incurred on behalf of the Southern African Polygraph Federation, provided that a budget proposal has been presented to the Board of Directors before the expenses have been incurred and the expenses are reasonable and in the interests of the Southern African Polygraph Federation.
    1. The Board of Director member or co-opted member shall be required to present a detailed claim with supporting documentation and receipts for expenses incurred, to the Board for consideration and approval.
    2. Any extraordinary or fruitless expenses shall be presented to the Board of Directors for consideration and approval or rejection with remedial proposals.
    3. Expenses may include any reasonable operational, travel or hotel expenses incurred in the interests of the Southern African Polygraph Federation, provided that recognised accounting procedures are followed to record and justify such official expenses.
  9. In cased where advanced training seminars, annual general meetings or annual conferences are being organised, a budget proposal shall be prepared by the relevant Director in conjunction with the Director of Finance and Membership to be presented to the Board of Directors for consideration and approval before the expenses are incurred

ARTICLE H – Meetings, Elections and Ballots (Proposed changes in red)

  1. Members of the Southern African Polygraph Federation shall meet at least once every calendar year for the purpose of dealing with business brought before it or to elect new Directors.
  2. Members may elect to meet at any other time for any other purpose after consulting with the Board of Directors to establish a suitable date, time and place for such a meeting.
  3. When required members shall be balloted by national electronic ballot or at an AGM or SGM, as determined by the Board of Directors.
  4. An AGM or SGM shall enjoy a quorum when 25% plus one of the members are present or represented by proxy. A motion brought before it by formal motion shall be carried when 50% plus one of the votes cast support the motion. Votes shall be taken by a show and count of hands and any valid proxy votes submitted shall be included in the final count.
  5. A national electronic ballot shall enjoy a quorum when 25% plus one of the members took part by casting a vote in the ballot. A motion voted upon shall be carried when 50% plus one of the votes cast support the motion.
  6. Directors shall be nominated when required through a formal nomination procedure and a ballot shall be held by national electronic vote or during an AGM or SGM to elect Directors to the Board.
  7. In the event of the incapacity, resignation or the inability of a Director to complete his elected term, the Board of Directors shall identify and appoint by majority vote a replacement to serve the unexpired term of the former Director. The Vice President shall complete any unexpired term of the President unless the Board of Directors agrees to elect a new President from its ranks.
  8. A Director may be removed from office for good cause by an unanimous vote of the Board or by a ‘vote of no confidence’ by a majority of the members at an AGM or SGM if a written complaint has been received and an internal enquiry has been concluded in terms of the Constitution and Regulations of the Southern African Polygraph Federation.
  9. Any member may make a submission or table a motion to an AGM, a SGM or the Board of Directors at any time. The submission or motion shall however be distributed to the members for comment at least twenty-one (21) days prior to the meeting.
  10. All members shall have the right to vote on any motion, to participate in any ballot and contribute to any business brought before the members.
  11. All members shall be entitled to receive copies of the annual financial statements and minutes of any general meeting of the members from the Director of Administration and Communication.

ARTICLE I – Regulations

  1. Regulations to this Constitution shall be established, maintained and enforced by the Board of Directors for the purpose of promoting the mission of the Southern African Polygraph Federation and administering the goals and objectives thereof.
  2. Regulations shall be amended by a majority vote (4/7) of the Board of Directors.
  3. A copy of any proposed amendment or revision of a Regulation shall be circulated to all Board members at least thirty (30) days prior to the date upon which the amendment is to be discussed and voted on.
  4. Any amendments to the Regulations shall be relayed to the members within fourteen (14) days of the amendments being adopted.

ARTICLE J – Constitutional Amendments (Proposed changes in red)

  1. This Constitution may be amended through a national electronic ballot and shall deem to have been approved and adopted when 25% plus one of the total members participated in the national ballot and when a simple majority (50% plus one) of the members voted in favour of the matter or motion tabled.
  2. Amendments to the Constitution shall be voted upon only after a copy of the proposed amendment or revision has been circulated to all members at least twenty-one (21) days prior to the date at which the amendment is to be voted upon.
  3. Any member of the Southern African Polygraph Federation may submit written proposals to amend the Constitution or the Regulations for consideration to the Board of Directors or may submit a petition signed by at least twenty (20) members for consideration by the Board.
  4. Approved amendments shall take effect immediately unless otherwise stated and shall be conveyed to all members within fourteen (14) days of adoption.

ARTICLE K – Legislative Authority

  1. In all instances the legislative authority of the Southern African Polygraph Federation shall be that of the Republic of South Africa (RSA).
  2. All meetings shall be conducted in accordance with the recognised procedures and rules of order in the RSA at the time.
  3. The Board of Directors may by unanimous vote formally register the Southern African Polygraph Federation with the Registrar of Non-Profit Organisations in terms of the Non-profit Organisations Act, 71 of 1997 should it be deemed necessary to do so in the interests of the Federation.

ARTICLE L – Ratification

  1. This Constitution shall take immediate effect and replace any previous Constitution of the Southern African Polygraph Federation upon its adoption.