The following Articles comprise the Proposed Constitution and Bye Laws to be adopted at the Annual General Meeting on 5th February 2020. These new constitutional articles are updating the constitution of the Knysna Arts and Crafts Society (KACS). The KACS name has changed in the last Years to Knysna Arts Society. By this constitution this change of name is formalized.
The name of the Knysna Arts Society is the KNYSNA ARTS SOCIETY(KAS). this is the continuation of the Knysna Arts and Craft society.
The area of jurisdiction of this Knysna Arts Society is the region surrounding Knysna and including towns.
The headquarters of this Knysna Arts Society is in Knysna.
4. LEGAL STATUS
The Knysna Arts Society (KAS) is and shall continue to be a separate legal entity with perpetual succession. It conforms to aims and objectives as stipulated in this constitution. The Knysna Arts Society has the power to acquire, hold, lease, rent and to alienate or deal with any manner of property and description whatsoever, and with the capacity to acquire rights and obligations.
5. A VOLUNTARY ASSOCIATION
5.1 The Knysna Arts Society is not formed and does not exist for the purpose of carrying on any business that has for its object the acquisition of gain by the Knysna Arts Society or its individual members. The income and assets of the Knysna Arts Society are applied solely for investment and for the promotion of its aims and objectives.
5.2 Except for those expenses which are necessarily incurred for its operations, no part of the income of assets is paid directly or indirectly by way of dividend, donation or otherwise to any person.
5.3 The Knysna Arts Society is not entitled to carry on any trading or other profit-making activities or participate in any business or occupation otherwise than in the promotion of its aims and objectives.
6. AIMS AND OBJECTIVES
The aims and objectives of the Knysna Arts Society are:
6.1 The promotion of all forms of visual art;
6.2 The creation of an active visual arts culture amongst members of all communities;
6.3 The development and encouragement of artistic talents and skills as well as art appreciation.
7. MEMBERSHIP of the Knysna Arts Society is as follows:
7.1 Ordinary members: paying a minimum annual subscription determined by the Executive Committee from time to time.
7.2 Persons under the age of twenty-one years, students and pensioners: paying one half of the annual subscription of Ordinary Members.
7.3 Honorary Members: Persons may, by virtue of valuable services in the interests of the Knysna Arts Society, be nominated by the Executive Committee and elected as Honorary Members at an Annual General Meeting. Such persons are members for life, or if elected by virtue of their office, then for the period of tenure of such office. Honorary Members have the same privileges as Ordinary Members but are not called upon to pay annual subscription fees.
7.4 Life Members: Persons may become Life Members upon a donation to be determined by the Executive Committee. Life Members have the same privileges as Ordinary Members but are not called upon to pay annual subscription fees.
7.5 Affiliated members:
7.5.1 Societies or organizations which are also in the field of promoting the visual arts and are locally constituted, which desire to affiliate with the Knysna Arts Society may be accepted as affiliated members, at the discretion of the Executive Committee of the Knysna Arts Society.
7.5.2 Each affiliated society is entitled to representation on the Committee of the Knysna Arts Society by one member or an alternate.
7.5.4 An affiliated society gives the Knysna Arts Society at least fourteen days’ notice of any change or representative or alternate.
7.6 Membership Fees:
7.6.1 Membership fees are annually payable in advance and fall due in January. Should any member fail to pay subscription fees, after non-payment of one year such membership will cease.
7.6.2 For new membership dating from July, half the annual subscription is payable.
8.1 The affairs of the Knysna Arts Society are managed by an Executive Committee.
8.2 Members of the Executive Committee are the Chairman, the Vice Chairman, the Secretary, the Treasurer and preferably not less than 2 with designated tasks but not more than 5 members of the Knysna Arts Society, plus such members of affiliated societies or organizations who are entitled to membership in terms of this Constitution. Vice Chairman and Secretary or Vice Chairman and Treasurer can be combined in one person.
8.3 Office-bearers and members of the Executive Committee are elected at the Annual General Meeting and serve from one Annual General Meeting to the next.
8.4 The Executive Committee has the power to co-opt members from the membership of the Knysna Arts Society and such co-opted members serve from the time of their co-option to the next Annual General Meeting.
8.5 The Executive Committee fills the vacancy on the Executive Committee or in its office bearer ship.
8.6 A member of the Executive Committee who is absent from three consecutive meetings, without prior apology or leave of absence, ipso facto ceases to be a member.
8.7 A decision of the Executive Committee is taken by majority of votes by members present and in the advent of a tie in the voting, the chairman of the meeting has an additional casting vote.
8.8 The Executive Committee meets as often as deemed necessary by the Committee or its chairman, but not less than Four times (i.e. Quarterly) during its time of office.
8.9 The Executive Committee has full powers to take all such actions, including adoption of general rules in the form of By-laws, which it deems necessary to meet the aim and objectives of the Knysna Arts Society, provided that a by-law which so adopted by the Committee, ceases to have force and effect unless it is ratified by the next Annual General meeting.
8.10 Sub-committees: The Executive Committee has the power to appoint subcommittees to investigate and advise upon specific matters. The members of such sub-committees need not necessarily be members of the Executive and have advisory power only. Sub-committees may co-opt additional members, subject to the approval of the Executive Committee. Where subcommittees are appointed by the Executive, all their members have full voting rights irrespective of whether such members are members of the Executive or not.
8.11 The Executive Committee appoints a management committee of not less than three members, including the chairman and secretary and/or treasurer, with the power to act on its behalf when decisions have to be taken between meetings of the Executive. Action taken by the management committee must be reported to the Executive Committee at its next meeting for ratification.
8.12 Interim Authority: Between an Annual General Meeting and the first Executive Committee meeting thereafter, all sub-committees functioning during the preceding year, are empowered to operate during the interim period, whenever necessary. Records of action taken must be signed by the presiding chairman and referred to the Executive Committee at its next meeting.
8.13 The minutes of the Executive Committee’s meetings is recorded in English.
9.1 Annual General Meeting:
9.1.1 An Annual General Meeting is held during the first half of every calendar year and the period under review at such meeting is the period expired since the period under review since the previous General Meeting.
9.1.2 All members are given preliminary notice a month in advance of the date of the Annual General Meeting, with an invitation to submit to the secretary three weeks before the meeting, any notice of motion to be included in the agenda. Two weeks’ notice and agenda of the meeting, including notice of motion and reports to be considered, are issued to all members.
9.1.3 The Executive Committee submits an annual report and a financial statement for the preceding year for approval by the members.
9.1.4 The Annual General Meeting elects its Executive Committee as provided for in paragraph 8.3 and appoints an Accounting Officer to review the Financial Report prepared by the Treasurer of the Knysna Arts Society.
9.2 Special Meetings: The chairman may at any time and must on the requisition in writing of not less than seven members, call a Special Meeting of the Knysna Arts Society, or a Special Meeting of the Executive Committee, for the transaction to such business as has been notified in the notice summoning the meeting. At least one week’s notice is given for such Special Meeting.
9.3.1 At the Annual General Meeting a quorum consists of eighteen (18) members who have paid their subscription for the current year, and may include honorary and life members. If no quorum is present the meeting stands adjourned for two weeks after which those attending have the authority to hold a meeting.
9.3.2 At Executive and Sub-committee meetings a quorum consists of half the number of such committee members.
9.4 Control of Meetings: The chairman and in the absence of the chairman, a deputy chairman takes the chair at all meetings. If neither the chairman of deputy-chairman is present, the members present appoint an Acting Chairman. The Chairman of any meeting has a deliberative as well as a casting vote.
9.5 Voting at Meetings: Except for decisions amending the constitution and the dissolving of the Knysna Arts Society as provided for in article 12 and 13, all decisions taken at the Annual General Meeting and all other meetings for the Executive Committee or Sub-Committees, are taken by a majority of votes by the members present and no vote by an absentee, in whatever form of communication, is accepted.
10. MEMBERSHIP AND REPRESENTATION OF COUNCIL OF SANAVA
10.1 The Knysna Arts Society can be a branch member of the South African National Arts Society for the Visual Arts (SANAVA) which is also known as the SuidAfrikaanse Vereninging vir die Visuele Kunste (established in 1851 and formerly known as, inter alia, the South African Knysna Arts Society of Arts / Suid-Afrikaanse Kunsvereniging).
10.2 When the Knysna Arts society is a member of SANAVA, representation of the Knysna Arts Society on the Council of SANAVA is determined by election at a meeting of the Executive Committee and duly reported at the Annual General Meeting.
11. FINANCIAL MATTERS
11.1 The funds of the Knysna Arts Society are to be deposited with a bank to be determined by the Executive Committee. The Treasurer is authorized to make payments below R2,000.00 (Two Thousand Rand). All payments above R2,000.00 (Two Thousand Rand) need to one countersigned by a member of the Executive Committee who has been authorized by the Executive Committee.
11.2 It is the duty of the Secretary and/or Treasurer to keep the Executive Committee informed about the finances of the Knysna Arts Society; for this purpose and interim Financial Statement is laid before the Executive Committee at every ordinary meeting
of the Executive Committee. A report on current income and expenditure may be requested by the Chairman or the Executive Committee at any time.
11.3 The financial year shall be form 1 March to 28 February.11.4 If there is an established relation between KAS and SAVAS, the Financial relations between the Knysna Arts Society and the Council of SANAVA are on the following basis:
11.4.1 Of the annual membership and affiliation subscriptions to the Knysna Arts Society, a capitation fee, to be determined by SANAVA in consultation with the Knysna Arts Society, is remitted to the Council of SANAVA.
11.4.2 Any grants-in-aid or donations to the Knysna Arts Society will be retained by the Knysna Arts Society.
12. AMENDMENTS OF THE CONSTITUTION
12.1 This Constitution is not to be added to or amended or rescinded except at an Annual General Meeting, or Special Meeting of the Knysna Arts Society called for such purpose, and then only with the consent of not less than two thirds of the members present and voting at such meeting.
12.2 No proposal for addition, amendment or rescission is considered unless its terms have been communicated to the Knysna Arts Society and notification is given to all members not less than two weeks before the meeting at which it is to be moved.
13. DISSOLUTION OF THE KNYSNA ARTS SOCIETY
13.1 A decision to dissolve the Knysna Arts Society is taken at a Special Meeting which is specifically convened for such purpose and is adopted by two thirds of fully paid members of the Knysna Arts Society; for purposes of such Meeting, a duly attested vote of an absentee member in a form of communication approved by the Executive Committee, is also accepted.
13.2 A motion to dissolve the Knysna Arts Society must include a proposal how the remaining assets and monies of the Knysna Arts Society remaining as a credit after the settling of all liabilities, are to be dispensed with and such a proposal must be adopted in the same manner as the decision to dissolve the Knysna Arts Society. February 5th 2020 Accepted by more than two thirds of votes on the AGM as stated in the constitution.
Chairman: Helena Gerber
Secretary: Willem de Voogt