Constitution and Election of Members of Council

Section 3. Constitution of the Council
The Council shall consist of 44 members of the Society elected in accordance with the provisions in this Constitution, together with such ex officiis members as there may be from time to time in terms hereof and such number of members, not exceeding nine, as may be co-opted by the Council in terms of Article 4 hereof. .

Section 4. Election of members of Council by constituencies  
(1) For the purpose of the election of members of Council, there shall be the several geographical constituencies listed in the first column of Part 1 of the First Schedule to this Constitution, and there shall be a separate election in each constituency. For the purposes of this Article and of the First and Second Schedules to this Constitution, a member of the Society having a place of business which is not in any such constituency shall be treated as having a place of business within such constituency as such member may select.
(2) A member of the Society shall be entitled to vote in the constituency in  which such member’s place of business is situated and in that constituency only.
(3) The members of the Society in each of the several constituencies shall elect the number of members of Council as set out in the second column of the said Part of the said Schedule opposite to the constituency.
(4) Constituencies shall be arranged in three groups as set out in Part II of the said Schedule and the Council shall arrange that in each year there will be an annual election in one of such groups taken in rotation.
(5) The Council may co-opt as full members of Council such number of members of the Society not exceeding nine in all as the Council may determine. Such persons shall hold office for such term not exceeding three years as the Council may fix and different terms may be fixed for different persons. There shall be no limitation upon the number of terms for which such a person may be co-opted.
(6) Only a member of the Society may be elected or co-opted or continue to be a member of Council.  

Section 5. Term of office of members of Council
A member of Council shall retire from office on the day immediately before the day fixed by the Council for the annual election of members of the Council in the third year after such member’s election. A retiring member shall be eligible for re-election.  

Section 6. Date of election of members of Council
The annual election of members of Council in terms of Article 4(4) hereof shall be held in the month of May in each year on a date to be fixed by the Council.  

Section 7. Returning officer
The Secretary shall act as returning officer for the election in each constituency.  

Section 8. Conduct of election
(1) Subject to the provisions of this Constitution the election of members of Council for a constituency shall be conducted in accordance with the provisions of the Second Schedule hereto and of any regulations made thereunder.
(2) No election held under this Constitution shall be invalidated by reason of any misdescription or non-compliance with the provisions thereof or of any regulations thereunder or by reason of any miscount or of the nondelivery, loss or miscarriage of any document required to be sent under this Constitution or regulations thereunder, if it appears to the Returning Officer that the election was conducted substantially in accordance with this Constitution and the regulations and that the result of such misdescription, non-compliance, miscount, non-delivery, loss or miscarriage does not affect the return of any candidate at the election.  

Section 9. Expenses of election  
All expenses properly incurred by the returning officer or by the Society in relation to the holding of an election of members of Council shall be paid by the Society.  

Section 10. Failure of constituency to elect members of Council
If the members of the Society in a constituency fail to elect the number of members of Council for the constituency as herein prescribed, the Council may fill the vacancy by appointing a member of the Society to be a member of Council representing the constituency. Such member of the Society shall have his place of business within such constituency or as close thereto as may be reasonably practicable.  

Section 11. Casual vacancies in Council
(1) A member of Council may at any time resign from office by a notice in writing signed by such member and delivered to the Secretary. The resignation shall take effect upon the delivery of the notice or on a date not later than such member’s date of retiral from office in terms of Article 5 hereof specified by such member in such notice, whichever is the later.
(2) The office of a member of Council shall be vacated if such member is absent, without leave of the President, from three consecutive meetings of the Council, with effect from the conclusion of that third meeting of Council. Such leave may be given retrospectively.
(3) Council may by a majority of three-quarters of members present and voting, suspend a member of Council from attendance at meetings of Council and its committees.
(4) If the office of a member of Council becomes vacant before the expiration of such member’s term of office whether by death, resignation or otherwise, an election by the electors in the constituency shall be held as soon as practicable in order to fill the vacancy on a date to be fixed by the Council and shall be conducted in the same manner as an election in ordinary course; and the provisions of this Constitution including the Second Schedule hereto relating to elections shall apply subject to any necessary modifications: provided that if the vacancy arises within three months before the date on which the vacating member would have retired in ordinary course the vacancy shall not be filled until the next election in the constituency. A person elected to fill a casual vacancy under this provision shall hold office only for the unexpired period of office of the member in whose place such person is elected and shall be eligible for re-election.