The Association of South African Quantity Surveyors Die Vereniging van Suid-Afrikaanse Bourekenaars

The Association of South African Quantity Surveyors Die Vereniging van Suid-Afrikaanse Bourekenaars BY-LAWS I N D E X SECTION TITLE PAGE NO 1 DEFINITIONS AND INTERPRETATIONS. 2 2 MEMBERSHIP CATEGORIES.. 3 3 LETTERS OF DESIGNATION.. 4 4 ADMISSION OF MEMBERS 4 5 RIGHTS AND LIABILITIES OF MEMBERS. 5 6 NOMINATION FOR LIFE OR HONORARY MEMBERSHIP. 6 7 MEMBERSHIP INFORMATION.. 6 8 FEES, SUBSCRIPTIONS AND LEVIES 6 9 NOMINATION AND ELECTION OF BOARD MEMBERS.. 7 10 MEETINGS OF THE BOARD.. 8 11 CHAPTER COMMITTEES 8 12 ELECTION OF CHAPTER COMMITTEES 9 13 POWERS AND DUTIES OF CHAPTER COMMITTEES.. 10 14 DUTIES OF CHAPTER BOARD MEMBERS... 10 15 MEETINGS OF CHAPTER COMMITTEES 10 16 INQUIRY BY THE BOARD. 11 17 DISCIPLINARY PROCEDURE. 12 18 EFFECTIVE DATE.. 13 Page 1 of 13

1. DEFINITIONS AND INTERPRETATIONS 1.1 Where words and phrases are bold in the text of these by-laws they shall bear the meaning assigned to them in this clause and where such words or phrases are not bold they shall bear the meaning consistent with the context 1.2 Act means the Quantity Surveying Profession Act (Act 49 of 2000, as amended) together with any regulations promulgated thereunder including any notice, rule or order issued or made thereunder 1.3 Association means The Association of South African Quantity Surveyors, an association of natural persons engaged in quantity surveying 1.4 Board means the board of the association from time to time, established in terms of the constitution 1.5 By-laws means the by-laws of the association with such amendments, modifications, alterations and additions thereto as may be made by the board from time to time 1.6 Chapter means a chapter established in terms of the constitution 1.7 Chapter committee means the committee of the chapter duly elected in terms of the constitution and/or these by-laws 1.8 Chapter board member means a board member nominated to the board in terms of these bylaws 1.9 Code of conduct means the code of conduct of the association with such amendments, modifications, alterations and additions thereto as may be made by the board from time to time 1.10 Disciplinary committee means a disciplinary committee appointed in terms of the constitution 1.11 Constitution means the constitution of the association 1.12 Council means the South African Council for the Quantity Surveying Profession established in terms of the act 1.13 Day means a calendar day inclusive of Saturdays, Sundays and public holidays. Where it is necessary to calculate any notice period such calculation shall be exclusive of the day on which the notice is given and inclusive of the last day of the notice period 1.14 Executive director means the senior executive of the association or any person appointed by the board to perform the duties of such senior executive and to oversee the operational functions of the association from time to time 1.15 General board member means a board member elected to the board in terms of these by-laws 1.16 Member means any person admitted as a member of the association in any of the membership categories defined in these by-laws 1.17 Member in good standing means a member who is not in breach of any of the obligations of membership as set out in the constitution, these by-laws and the code of conduct or who is not subject to a ruling by the disciplinary committee whereby the member s membership is suspended or terminated 1.18 Practice means an established quantity surveying practice or branch office of a quantity surveying practice or the quantity surveying division of a multidisciplinary professional practice 1.19 Prescribed means prescribed in the constitution, these by-laws and/or by the board 1.20 President means the president of the association elected in terms of the constitution 1.21 Professional member means any member registered with the council as a professional quantity surveyor Page 2 of 13

1.22 In these by-laws, unless it appears to the contrary, the singular shall include the plural and vice versa. Any reference to any gender shall also include other genders and any reference to a natural person shall include a juristic person 1.23 The headings of clauses are for reference purposes only and shall not be used in the interpretation thereof 1.24 The definitions shall be considered to be substantive provisions of these by-laws 1.25 The preferred medium of giving notices and communicating with members shall be by electronic mail addressed to the current email address as provided by the member to the association; provided that nothing shall preclude the association from utilising any other means of communication on giving notice to a member. Any notice shall be deemed to be received by a member when: 1.25.1 delivered by hand on the day of delivery or 1.25.2 sent by electronic mail on the day of transmission if it was transmitted on a business day or, if it was transmitted on a Saturday, Sunday or public holiday, on the first business day thereafter 2 MEMBERSHIP CATEGORIES 2.1 Membership categories shall comprise: 2.1.1 Professional member Any person who: 2.1.1.1 is registered as a professional quantity surveyor in terms of the act 2.1.2 Member Any person who: 2.1.2.1 has a 480 NQF credit qualification from a council accredited quantity surveying programme; 2.1.2.2 has full membership of any professional institution with which the association has a reciprocity agreement at the time of application, subject to the terms of the reciprocity agreement; 2.1.2.3 has been employed and active in a quantity surveying environment whether in a professional consultancy or the construction industry for a period as the board may prescribe from time to time or 2.1.2.4 complies with such other conditions as the board may prescribe from time to time 2.1.3 Associate member Any person who: 2.1.3.1 has been admitted by the council for registration as a candidate quantity surveyor; other than those persons that are admitted in the member category; 2.1.3.2 has an entry qualification accepted by the council for consideration as a candidate quantity surveyor or 2.1.3.3 complies with such other conditions as the board may prescribe from time to time 2.1.4 Student member Any student in quantity surveying at a university, university of technology or any other educational programme accredited by the council 2.1.5 Life member Any member whom the board wishes to honour for distinguished service to the association or to the profession of quantity surveying 2.1.6 Honorary member Any person of distinction whom the board wishes to honour. Such person may be elected as an honorary member for such period as the board may determine Page 3 of 13

2.1.7 Any member, while maintaining his status as a member, may be further designated as a: 2.1.7.1 senior member - Any member who has been a member for a continuous period of not less than forty years or such other period as the board may in any particular case decide and/or 2.1.7.2 retired member - Any member who no longer provides quantity surveying services either on a fulltime or part-time basis 2.2 Members registered in categories prior to the adoption of these by-laws may remain in such categories 3 LETTERS OF DESIGNATION 3.1. In order to designate their membership of the association, members shall be entitled to use the following letters of designation: 3.1.1 Professional member - PMAQS; 3.1.2 Member MAQS; 3.1.3 Associate member AAQS (Associate); 3.1.4 Student member SAAQS (Student); 3.1.5 Life member PMAQS (Life) or MAQS (Life) as the case may be or 3.1.6 Honorary member - MAQS (Hon) 3.2 The use of the abovementioned designations shall be determined by the board from time to time 3.3 The sub-designations of senior and retired member shall not be added to the substantive designation but shall be recorded by the association for administrative purposes only 4 ADMISSION OF MEMBERS 4.1 Application for membership of the association shall be made in the prescribed format 4.2 Application for membership of the association by a principal in a practice shall not be approved unless all the principals in the relevant practice who are eligible for membership, are also members 4.3 If the board is satisfied that the applicant complies with the requirements for membership and is a fit and proper person to be admitted as a member, the board shall grant membership in the appropriate category. Membership shall automatically renew on an annual basis unless terminated in terms of the provisions of the constitution and/or these by-laws 4.4 Any person who has been a member and ceased to be a member by reason of expulsion or otherwise may be readmitted as a member by the board at its discretion; provided that he shall furnish such information as the board may require in support of his application for re-admission and provided further that he shall have paid all arrears of subscription and any levies and fines due by him to the association at the date when his former membership ceased 4.5 Members shall receive a membership certificate. The certificate shall remain the property of the association and, if so required by the board, shall be returned on demand notwithstanding any dispute that may be pending or in effect between the member and the association 4.6 A member shall cease to be a member: 4.6.1 upon no longer qualifying for a particular category of membership; provided that such member may immediately apply for transfer to an alternate category subject to any conditions prescribed by the board; Page 4 of 13

4.6.2 upon receipt by the board of his written resignation as a member, provided: that such notice shall be received by the association no later than thirty days prior to the automatic renewal of membership; 4.6.3 upon termination of membership following a disciplinary hearing; 4.6.4 upon non-payment of the annual subscriptions, levies and/or special levies by a member or the practice of which he is a member within ninety days of the date of receipt of invoice and if, after written warning, continues to be in default for another ninety days and if the board then confirms such cessation of membership or 4.6.5 at the discretion of the board if the member or his practice is declared insolvent or goes into liquidation other than for the purposes of amalgamation or reconstruction 4.7 If it is deemed to be in the interest of the association, the board may immediately suspend the membership of a member on a summary basis. The board shall, together with such suspension, refer the matter to the disciplinary committee for consideration and the disciplinary committee may confirm, vary or uplift the suspension on such terms as the disciplinary committee may determine pending finalisation of the disciplinary process of the association 5 RIGHTS AND LIABILITIES OF MEMBERS 5.1 Provided that a member is in compliance with all the duties and obligations imposed on him by virtue of the constitution, these by-laws and the code of conduct, he shall be entitled: 5.1.1 to attend and take part in any discussion on any matter at any general meeting of any chapter and, by invitation, any meeting of any chapter committee or of the board; 5.1.2 to receive information distributed by the association; 5.1.3 to receive, at the discretion of the board, such assistance in any matter as may be rendered in terms of the constitution and these by-laws and 5.1.4 to take part in any discussion on any matter at any general meeting of any chapter or, by invitation, any meeting of any chapter committee or of the board 5.2 Every member in good standing (excluding associate, student and honorary members) shall be entitled: 5.2.1 to nominate and vote for general board members; 5.2.2 to vote on any resolution put to the membership of the association or to a general meeting of the chapter in the region in which he is ordinarily practicing or employed; 5.2.3 to nominate and vote for members of the chapter committee in the region in which he is ordinarily practicing or employed and 5.2.4 to be nominated and elected as a general board member or a committee of the board and to hold any office in the association or any committee of the association or of the chapter in the region in which he is ordinarily practicing or employed 5.3 Should a member be a shareholder, trustee, partner, director, member or employee in more than one practice or branch, he shall nominate in the information provided to the association in which chapter region he chooses to exercise his rights 5.4 Membership of the association shall not confer upon any member any right to a share or participation in any assets belonging to the association 5.5 Termination of membership for whatever reason shall entail forfeiture of all rights of membership, including the right to the use of the prescribed letters of designation, insignia, trade marks or logo of the association and the member shall immediately and on request hand over all documents and items bearing the trade mark and/or logo and/or name of the association or identifying the member as a Page 5 of 13

member for destruction by the association 5.6 Life, honorary and senior members shall be exempt from the payment of any member subscriptions or levies other than practice levies 6 NOMINATION FOR LIFE OR HONORARY MEMBERSHIP 6.1 The nomination of a candidate for life or honorary membership shall be initiated by any member, other than associate, student and honorary members, who shall submit the name to the president 6.2 Such nomination shall be supported by a motivation and signed in support by at least ten members other than associate, student and honorary members 6.3 On receipt of a nomination, the president shall appoint an ad hoc committee comprising a minimum of three professional members which shall consider the nomination on its merits and may or may not make a recommendation to the board whereupon the board shall accept or reject the recommendation 6.4 The election of an honorary member may be for a fixed period 7 MEMBERSHIP INFORMATION 7.1 A member shall notify the association in writing of any change in personal and practice details within thirty days of such change 8 FEES, SUBSCRIPTIONS AND LEVIES 8.1 The member enrolment fees, subscriptions and levies in respect of all categories of membership shall be prescribed by the board from time to time 8.2 Practice levies shall be prescribed by the board from time to time 8.3 The subscriptions and levies for any financial year shall be due and payable within thirty days of the date of receipt of invoice 8.4 In the case of an unsuccessful application for membership, seventy five per cent of the enrolment fee shall be refunded. The association shall be entitled to retain the remaining twenty five per cent as an administration fee 8.5 Should a person be admitted to membership during the second half of the association s financial year the amount of his subscription in respect of that year shall be reduced by one-half 8.6. Should a member be admitted to a higher category of membership during the first half of the association s financial year, such member shall be liable for the full annual subscription applicable to the higher category 8.7 Should a member be admitted to a higher category of membership during the second half of the association s financial year, such member shall be liable for the full annual subscription applicable to the higher category for the second half of the year 8.8 Should a member resign during the association s financial year, any subscription or levy paid during that year shall be non-refundable 8.9 Any member having retired or being no longer actively engaged in his profession or work reasonably incidental thereto may, on application and at the discretion of the board, pay such reduced subscription as may be prescribed: provided that, should such member recommence professional activity, he shall be liable for the full subscription 9 NOMINATION AND ELECTION OF BOARD MEMBERS Page 6 of 13

9.1 All board members shall be nominated or elected for a period of two years but shall nevertheless hold office until the next board is elected. Associate, student and honorary members shall be excluded from being nominated or elected to the board 9.2 Chapter board members shall be nominated as follows: 9.2.1 in each year in which an election is due, the executive director shall at least ninety days before the expiry of the term of office of the board, send to each chapter committee an invitation in writing to nominate a member from its chapter committee to represent the chapter on the board; 9.2.2 such nominations shall be received in writing by the executive director not later than sixty days before the expiry of the term of office of the board and 9.2.3 chapters may nominate an alternative representative, drawn from its chapter committee, to represent the chapter at board meetings in the event that the nominated chapter board member is unable to attend 9.3 General board members shall be elected as follows: 9.3.1 in each year in which an election is due, the executive director shall at least sixty days before the expiry of the term of office of the board, send to every member an invitation in writing to nominate a candidate or candidates from amongst the members for election as a general board member excluding those members already nominated as chapter board members; 9.3.2 such nominations shall be received in writing by the executive director not later than thirty days before the expiry of the term of office of the board; 9.3.3 all candidates for election as general board members shall be nominated and seconded on the prescribed nomination form and each candidate shall signify his acceptance by signing such form; 9.3.4 should fewer than the required number of general board members be nominated they will be declared duly elected and the board may co-opt members to fill any vacancies remaining on the board; 9.3.5 should more than the required number of general board members be nominated, a ballot shall be held; 9.3.6 members may vote for one or more candidates but not exceeding the number of vacancies on the board; 9.3.7 after the time fixed for the closing of the ballot, two or more scrutineers appointed by the president shall, with the executive director, certify the number of votes received for each candidate; 9.3.8. the names of successful candidates shall be announced in writing to all members within fourteen days of the closing of the ballot and 9.3.9. the executive director shall retain the ballot votes for a period of ninety days from the date of the ballot 10 MEETINGS OF THE BOARD 10.1 The majority of all members of the board in office at the time of the meeting shall form a quorum at any meeting of the board 10.2 Should there not be a quorum after sixty minutes of the designated time for the start of the meeting, the meeting shall stand over for seven days at the same venue and time and the board members then in attendance shall constitute a quorum, provided: that only the agenda items that were carried over from the previous adjourned meeting may then be dealt with at such adjourned meeting Page 7 of 13

10.3 The authority of the board to conduct a meeting entirely by teleconference, videoconference or other electronic communication, or to provide for one or more members of the board to participate in a meeting by teleconference, videoconference or other electronic communication is not restricted or varied by this by-law, provided that the electronic communication facility employed ordinarily enables all persons participating in that meeting to communicate concurrently with each other 10.4 Any person present at a meeting may address the meeting but shall recuse himself while any matter in which he has a personal conflicting interest is to be discussed. Notwithstanding his recusal such person shall still be counted towards the quorum requirements for the meeting and his recusal shall not affect the validity of the meeting 10.5 Members of the board shall disclose and declare any conflict of interest in relation to any matter affecting the association. Such disclosures and declarations shall be made at each and every board meeting 10.6 At meetings of the board only such business as is on the agenda, which agenda shall be prepared by the executive director in consultation with the president, shall be discussed unless the board members present unanimously agree otherwise 10.7 Not less than thirty days before the date fixed for any meeting of the board, notice of the meeting shall be sent to every member of the board by way of electronic mail; provided that such notice shall set out the matters to be decided and/or discussed at the meeting. No meeting of the board shall be convened without notice. The agenda for such meeting shall be similarly sent not less than seven days before the set date. Non-compliance with the prescribed notice periods may be condoned by assent of seventy five per cent of all board members in office 10.8 Not less than three days notice shall be given for a special meeting of the board, setting out the purpose of the meeting. Non-compliance with the prescribed notice periods may be condoned by assent of seventy five per cent of all board members in office 10.9 All matters that may come before any meeting of the board shall, in the case of a difference of opinion, be decided by the majority of the board members present at that meeting. Each member has one vote on a matter and a majority of votes cast on a resolution is sufficient to approve that resolution. The chairman shall not have a deliberative vote, but in the case of an equality of votes the chairman shall exercise a casting vote 10.10 A deadlock shall not constitute grounds for winding up of the association 10.11 A proposal circulated by the executive director to all board members after consultation with the president, if accepted by the majority of all members of the board, shall be valid and effectual as if it had been passed at a duly constituted meeting of the board. Such resolution shall be recorded in the minutes of the next board meeting 10.12 Minutes of all resolutions and proceedings of meetings of the board shall be recorded in hard copy or in secure electronic format and distributed to all board members within thirty days of the date of the meeting 11 CHAPTER COMMITTEES 11.1 Chapters shall be deemed to have been established in the following geographic regions: 11.1.1 Border; 11.1.2 Eastern Cape; 11.1.3 Free State; 11.1.4 Gauteng; 11.1.5 KwaZulu Natal; 11.1.6 Limpopo; 11.1.7 Mpumalanga; 11.1.8 Northern Cape; 11.1.9 North West and 11.1.10 Western Cape Page 8 of 13

11.2 A chapter committee shall consist of such numbers of members as the outgoing chapter committee may from time to time determine; provided that the number shall not be less than four 12 ELECTION OF CHAPTER COMMITTEES 12.1 A chapter committee shall be elected by and out of the members practicing or employed in the chapter region concerned 12.2 The members of a chapter committee shall be elected to serve a term of two years 12.3 Any chapter member may nominate in writing a candidate or candidates for election to the chapter committee. Such nomination shall be seconded by a chapter member and each candidate shall signify his acceptance in writing 12.4 Such nominations shall be delivered to the secretary of the chapter committee not later than twenty one days before the date fixed for the annual general meeting of the chapter 12.5 Should less than the required number be elected, the chapter committee may co-opt additional members to fill the vacancies 12.6 If more candidates are nominated than are required for election to the chapter committee, a ballot shall be held and conducted in the manner set out in these by-laws 12.7 The ballot papers shall be forwarded to all chapter members no later than fourteen days before the date fixed for the annual general meeting of the chapter. Completed ballot papers shall reach the secretary of the chapter committee no later than noon on the last week-day prior to the date fixed for the annual general meeting of the chapter 12.8 In addition, up to but not exceeding twenty five per cent of the number of chapter committee members may be co-opted as full members of the chapter committee 12.9 A member of the chapter committee shall cease to be a member of the chapter committee: 12.9.1 if he resigns by submitting written notice of his resignation to the chapter committee; 12.9.2 if he ceases to be a member; 12.9.3 if he is absent from the meetings of the chapter committee for more than two consecutive meetings without having submitted apologies acceptable to the chapter committee; 12.9.4 if he changes his place of practice or employment to another chapter region; 12.9.5 if he falls within the general disqualifying criteria for a board member as set out in clauses 10.5.1 to 10.5.7 of the constitution or 12.9.6 If he ceases to be a member in good standing 13 POWERS AND DUTIES OF CHAPTER COMMITTEES 13.1 The chapter committee may establish subcommittees and delegate any of its powers and duties to such subcommittees and prescribe rules for regulating their proceedings. Such subcommittees may be comprised of members and non-members of the association as the chapter committee deems fit 13.2 The chapter committee shall: 13.2.1 endeavour to provide support to its chapter members by way of seminars and/or workshops and/or other activities with a view to the advancement and upgrading of their technical and professional skills; 13.2.2 promote and advance common interests of its members in the relevant chapter region and Page 9 of 13

13.2.3 establish and maintain contact with government client bodies and with professional bodies and/or associations in the relevant chapter region 13.3 The chapter committee shall make available annually to each chapter member and to the board, a report on the affairs of the chapter for the previous year. In addition, the chapter committee shall submit interim reports to the board via its chapter board member at intervals determined by the board from time to time 13.4 The chapter committee shall submit annually to the board, not later than thirty days after the close of the financial year of the association, an income and expenditure account for the chapter s financial year and such accounts shall be signed by the chairman and treasurer of the chapter committee 13.5 The chapter committee shall prepare a budget for the following financial year of the chapter for approval at the annual general meeting of the chapter 14 DUTIES OF CHAPTER BOARD MEMBERS 14.1 A chapter board member shall act as the liaison person between the chapter and the board and shall facilitate the transfer of information relating to chapter activities and board policies between the chapter and the board including the preparation and presentation of chapter reports and financial statements to the board on behalf of the chapter 15 MEETINGS OF CHAPTER COMMITTEES 15.1 The chapter committee shall meet at least four times a year 15.2 Half of the members of the chapter committee shall form a quorum 15.3 Should there not be a quorum after sixty minutes of the designated time for the start of a chapter committee meeting, the meeting shall stand over for seven days at the same venue and time and the chapter committee members then in attendance shall constitute a quorum, provided: that only the agenda items that were carried over from the previous adjourned meeting may then be dealt with at such adjourned meeting 15.4 The chapter committee shall elect from its members a chairman, vice-chairman, treasurer and secretary 15.5 Minutes shall be recorded of all resolutions and proceedings of meetings of the chapter committee and copies thereof shall be distributed to the association and to all chapters 15.6 Not less than fourteen days notice of a meeting of the chapter committee shall be given by the chapter secretary to each member of the chapter committee 15.7 Each chapter shall convene an annual general meeting of its members 15.8 The members in good standing present at an annual general meeting of a chapter shall be entitled to: 15.8.1 confirm the election, as prescribed, of a chapter committee; 15.8.2 consider and, if approved, to adopt the report of the chapter committee on the affairs of the chapter and the annual financial statements of the chapter; 15.8.3 consider the report and annual financial statements of the board and to submit any comments thereon and 15.8.4 consider and propose to the board any amendments or additions to the constitution, these bylaws and the code of conduct 15.9 The chapter committee shall give at least thirty days notice to the chapter membership of the place, date and time of the annual general meeting of the chapter. In such notice the chapter committee shall issue to all chapter members an invitation to nominate candidates for election to the chapter committee in Page 10 of 13

terms of these by-laws 15.10 The chapter committee may, whenever it deems fit, call a special general meeting of the chapter 15.11 A special general meeting of the chapter shall be called by the secretary of the chapter committee within twenty one days after the receipt by him of a written requisition signed by not less than one tenth, but in no case less than five, of the chapter members, stating the object of the proposed meeting 15.12 The quorum necessary to constitute any general meeting or special general meeting of the chapter shall be five per cent of the chapter members but not less than five chapter members 15.13 If no quorum is present at any general meeting or special general meetings of the chapter, the meeting shall be adjourned and shall be resumed seven days later at the same time and place. The chapter members then present shall constitute a quorum 15.14 The chairman or the vice-chairman or, in their absence, the chairman duly elected by the meeting shall decide all matters of procedure and his decision shall be final; provided that he may not adjourn or terminate such meeting save on a majority vote to that effect 15.15 All matters that come before any meeting of the chapter committee shall, in the case of a difference of opinion, be decided by the majority of the chapter committee members present at that meeting. Each member has one vote on a matter and a majority of votes cast on a resolution is sufficient to approve the resolution. The chairman shall not have a deliberative vote, but in the case of an equality of votes the chairman shall exercise a casting vote 15.16 A deadlock shall not constitute grounds for winding up of the association or chapter 15.17 Minutes shall be recorded of all resolutions and proceedings of meetings and of general meetings of the chapter 16 INQUIRY BY THE BOARD 16.1 The board may at its own discretion or upon receipt of a written complaint, consider the conduct of any of its members to ensure that the dignity, standing and reputation of the association is upheld 16.2 The board may through the executive director or any other person endeavour to resolve any matter raised under clause 16.1, failing which the board shall appoint an investigating committee comprising of at least two persons to undertake a preliminary investigation into any complaint. Such committee shall consider the validity of the complaint 16.3 Members shall be obligated to co-operate with and assist the investigation committee and to comply with its directives from time to time 16.4 Should the investigating committee consider the complaint to be valid, after having consulted with the member whose conduct is being complained against, the investigating committee shall prepare a charge, which charge sheet shall be submitted to the member being charged 16.5 A charge sheet must inform the member charged: 16.5.1 of the details and nature of the charge(s); 16.5.2 that the member must, in writing, admit or deny the charge(s); 16.5.3 that the member may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he is charged and 16.5.4 of the period, which must be reasonable, within which his response must be submitted 16.6 Should no response be received from the member, the inquiry shall nevertheless proceed, irrespective of whether the member is present Page 11 of 13

17 DISCIPLINARY PROCEDURE 17.1 The complaint and the response shall be referred to a disciplinary committee of at least two persons appointed by the board (including non-members if deemed necessary) for a hearing 17.2 The parties to the hearing shall be the association and the charged member 17.3 The board shall appoint a member to present the case on behalf of the association and to cross-examine the other party at the hearing 17.4 Before the commencement of a hearing, the parties shall be encouraged to resolve some or all of the matters in dispute 17.5 Neither party shall be permitted legal representation at the hearing unless allowed in the discretion of the chairman of the disciplinary committee on good cause shown 17.6 At a hearing the member charged: 17.6.1 may personally be present at the hearing; 17.6.2 shall be given the opportunity to present his case and to cross-examine the other party; 17.6.3 may be assisted or represented by another member during the proceedings; 17.6.4 has the right to be heard; 17.6.5 may call witnesses; 17.6.6 may cross-examine any person called as a witness in support of the charge(s); 17.6.7 may have access to documents produced in evidence and 17.6.8 may admit at any time before conviction that he is guilty of the charge(s) despite the fact that he denied the charge(s) or failed to react in terms of this section of the by-laws 17.7 If the contravention of the code of conduct with which the member is charged amounts to an offence as determined by a court of law, regulatory body or judicial inquiry/legal proceedings, a certified copy of the record of his trial may be considered by the disciplinary committee as prima facie proof and admitted as evidence in the hearing 17.8 After the conclusion of the hearing the disciplinary committee shall: 17.8.1 within thirty days, decide whether or not the member charged is guilty of the charge(s); 17.8.2 in the case of the member charged being found guilty of the charge(s), take cognisance of any aggravating or mitigating circumstances presented by either party and 17.8.3 inform the member charged and the board of the finding 17.9 The finding of the disciplinary committee shall be in writing and final and binding on all parties. No reasons for the findings may be provided and no appeals process will be allowed 17.10 If a member charged is found guilty of the charge(s), or if he admits that he is guilty of the charge(s), the disciplinary committee shall either: 17.10.1 impose no sanction; 17.10.2 caution or reprimand the member; 17.10.3 suspend the membership of the member concerned for a period not exceeding one year or 17.10.4 terminate the membership of the member Page 12 of 13

17.11 Each party shall be liable for their own costs 17.12 The board may advise the council of any matter raised under clause 16.1 and of the outcome of any disciplinary hearing for consideration and further action by the council 18 EFFECTIVE DATE 18.1 The effective date of these by-laws is the 19 th October 2016 Page 13 of 13