Civil Engineering November 2022 | Vol 30 No 10

58 November 2022 Civil Engineering T he findings of these reports were tabled at a Special Meeting of Council on 13 June 2022 where a number of resolutions were passed and communicated to members in July 2022. At the most recent Council meeting, held on 11 October 2022, several amendments to the SAICE Constitution were considered that would bring into effect those resolutions, and all changes where approved by the required two thirds majority and are now to be submitted to Corporate Members for a ballot. SA I CE and profess i onal news Notification of proposed ballot to revise clauses of the SAICE Constitution The current SAICE Constitution was approved earlier this year after a minor amendment to Clause 2.9.1.3. Following the resignation of the SAICE CEO, Executive Board established a small working group to review the SAICE governance structures and to consider the governance report as submitted by the SAICE Auditors, Mazars. Clause Current Comment Proposed amendment Constitution 4.1.7 Elects the President-elect and Vice Presidents and/or co-opts other Council members in accordance with Clause 4.2 and the By-laws. The clause referenced is incorrect. Elects the President-elect and Vice Presidents and/or co-opts other Council members in accordance with Clause 4.2 and Clause 2.2 of the By-laws. Constitution 4.2.7 Two additional Corporate Members of the Institution whom the Council co- opts, if it considers such co-option to be advantageous. The Executive Board recommends that some of the standing committees, panels and entities should be represented on, among others, the Council, as follows: Q Q Chair of Membership Committee Q Q Chair of Finance and Administration Committee (to be renamed Finance and Audit Committee) Q Q Chair of the Education and Training Committee Q Q Chair of the Future Leaders Panel Q Q A representative of SAICE PDP Q Q A representative of SAICE (Pty) Ltd. The following representatives from each of the listed standing committees, panels or entities who must be Corporate Members: i. Chair of Membership Committee ii. Chair of Finance and Audit Committee iii. Chair of Education and Training Panel iv. Chair of the Future Leaders Panel v. Managing Director of each SAICE entity Constitution 4.2.8 None This was clause 4.2.7, and it is just renumbered. Two additional Corporate Members of the Institution whom the Council co- opts, if it considers such co-option to be advantageous. Constitution 4.7.8 All motions and recommendations at the Council meetings must be decided by a simple majority of votes by a show of hands, except items as listed in Clause 4.7.10 and results must be recorded.  In the event of equal votes being cast for any specific issue, the President has a discretionary deliberative and final vote if he/she has not already voted on the matter. This clause is in contradiction with clause 4.5 of the By-laws, shown below: The Council may amend the By-laws, provided that the proposal to change the By-laws is included in the notice convening the meeting. Such amendment shall be approved by not less than two-thirds of the members of the Council present. All motions and recommendations at the Council meetings (except for amendments to the Constitution or By-laws which must be voted in accordance with Clause 4.5 of the By-laws) must be decided by a simple majority of votes by a show of hands, except for those items as listed in Clause 4.7.10 and results must be recorded.  In the event of equal votes being cast for any specific issue, the President has a discretionary deliberative and final if he/she has not already voted casting vote on the matter . Constitution 5.14.5 Chairs of the Finance and Administration, Membership and Education and Training Committees. The practice has always been to include the Chair of the Young Members Panel (now called Future Leaders Panel) as a member of Executive Board, but this is not in accordance with the Constitution. Chairs of the Finance and Audit , Membership, Education and Training Committees and the Future Leaders Panel . Constitution 5.14.6 None – new clause The Council agreed that the CEO of SAICE should be a full voting member of Executive Board. The Chief Executive Officer. VOTING Please be reminded that Constitution matters are voted on by SAICE Corporate Members (in good standing), By-laws are voted on by Council, and Rules are approved by the Executive Board. Only these Constitutional changes are being put to members for consideration now. Corporate Members will be requested to vote for the acceptance or otherwise of these amendment to the Constitution (2022) in accordance with their constitutional rights. Such secret ballot shall be conducted electronically during December 2022. Prof. Marianne Vanderschuren SAICE President 2022 marianne.vanderschuren@uct.ac.za