Constitution of Botswana Medical Association 

Chapter



Chapter

2.1


2.2




Chapter




Chapter



4.1



4.2



4.3


4.4


4.5




4.6




4.7


4.8



4.9


4.10



4.11


4.12



4.13


4.14


4.15


Chapter



5.1



5.1.1




5.1.2



5.1.3


5.2

5.2.1







5.2.2


5.2.3


5.2.4



5.3

5.3.1





5.3.2




5.4

5.4.1


5.4.2


5.4.3

Chapter

6.1




6.2




6.3







6.4



6.4.1

6.4.2

6.4.3

6.4.4

6.4.5

6.4.6

6.4.7

6.4.8

6.4.9

6.4.10

6.4.11

6.4.12

Chapter

7.1




7.1.1



7.1.2


7.1.3


7.1.4



7.1.5


7.1.6



7.1.7


7.1.8



7.1.9


7.1.10



7.1.11


7.1.12



7.1.13



7.1.14


Chapter

8.1


8.1.1



8.1.2








8.1.3











8.1.5






8.1.6







8.1.7




8.1.8





8.1.9









8.1.10






8.1.11



8.1.12



8.1.13




8.1.14



8.2

8.2.1





8.2.2

















8.2.3





8.2.4




8.2.5







8.2.6








8.2.7





8.2.8



8.2.9



8.2.10





8.2.11



8.2.12



8.2.13





8.2.14




8.2.15




8.2.16


Chapter

9.1


Chapter








Chapter

11.1


11.2


11.3

Chapter

12.1




12.2


12.3


Chapter

13.1


13.2



Chapter

14.1


14.2

1. NAME

The name of the Association, formerly known as the Medical and Fental Association of Botswana, Shall hereafter beknown as the Botswana Medical Association, hereinafter called the Association.

2. NATURE OF THE ASSOCIATION

The Association shall be a professional body of medical practioners governed by the Societies Act of 1972 and shall be capable of suing and/or being sued and of contracting in its own name.

The Botswana Medical Association shall be the legal body incorporating all members of the Medical Professions into a fraternity with common principles, values and interests. The Association shall present interests of its Membersand the medical fraternity in all maters pertaining to and/or affeting its Members or the Medical Professions and shall act accordingly in that capacity at all times wherever and whenever the need and occasion so necessinate and/or require

3. REGISTERED ADDRESS

The registered address of the Association is at Post Office Box 798, Gaborone, and shall not be changed except by resolution of the executive Council. Notice of any such resolution and/or change shall be sent to the Register of Societies within seven days after the date thereof.

4. OBJECTIVES

The objective of the Association shall include, but not be limited to the following:

To promote the Medical and Allied Medical Professions and Sciences listed in Part III of the Health Professions Act 2001 in their endeavours to deliver sustainable medical health care for all in Botswana and the Southern African sub-region.

To promote the highest standards of Professional practice, ethics and conduct through collective and individual post-basic education, specialization, clinical development and training, and acquisition of skills necessary for the advancement of quility standards of medical care in Botswana.

To promote continuing professional development, unhindered access to medicalinformation and the disseminaton of knowledge and clinical skills in the Medical and Allied Professions and Sciences.

To promote research and foster evidence-based patient management as the best accaptable standards of clinical practice in the Medical Professions in Botswana.

In collaboration with the Health Professions Council of Botswana, to formulate, manage, administer, coordinate, evalute and monitor acceptable appropriate standards of healthcare and clinical practice in the Medical and Allied Professions and Sciences for the Promotion of efficient healthcare delivery, patient care and satisfaction in Botswana.

To cooperate and collaborate with the Minister of Health and the Health Professions Council of Botswana at all times in formulating and promulgating relavent guidelines for Healthcare Providers and in formulating and implementing relavant policies relating to and affecting standards of Healthcare Delivery in Botswana, espicially in so far these relate to and affect members of the Association.

To cater for and safeguard the general welfare, well-being of Health Professionals and to negotiate for better and safer working conditions of Health Professions in Botswana.

To arrange periodical meetings of the Members of the Association and of the Medical and Allied Professions and Sciences generally and to publish such journals, bulletins, papers and other material as may help to achieve he aims and objectives of the Association.

To act as the representative body of the Medical and Allied Professions and the Health Sciences in their dealings with Government or with any other organinization or party.

To levy membership fees and other such subscriptions to finance the activities and programmes of the Association and grant sums of money out of the funds of the Association for the promotion of the Medical and Allied Professions and Sciences in such manner as may from time to time be determined by the Executive Council.

To sell, improve, manage, develop, lease, mortgage, dispose of, turn to account and/or otherwise deal with the property of the Association as may be determine fit in the best interest of the Association and its Members

To invest, and deal with the monies of the Association not immedicately and/or otherwise requiring appropriation and/or disbursement, in such manner as may from time to time be determine for the purpose of capital growth and interests.

To borrow any monies required for the purpose of the Association upon such terms and upon such securities as may be determined beneficial for the Association.

To pay out of the funds of the Association all cost, sharges, bills and expenses, preliminary and incidental to the promotion, formation, registration and advertisement of the Association and its activities.

To do all such other lawful things as may be incidental or conductive to the promotion of the foregoing objective(s) and/or any other aims and objectives not herein mentioned but found necessary for said purposes herein mentioned

5. MEMBERSHIP

Membership of the Association shall, until otherwise amended or change fall into four catergories as follows:

Full Membership
Full membership shall be open to all registered and licensed Medical Practioners in Botswana who wish to enjoy the right and privilege of membership of the Association.

Full Membership and participation in the affairs of the Association shall be, in all instances, completely on a voluntary basis. Under no condition shall a medical practioner or group of practictioners be coerced, induced, threatened, placed in any way under threat or in a compromising or uncomfortable position for being member(s) of the Association.

All Members shall have equal rights and enjoy all privilege irrespective of age, gender, socio-economic status, beliefs, political affiliation and neither shall professional rank, seniority and/or field of specialty, experience or conditions of registrations affect their membership status.

Full membership confers, ON A MEMBER IN GOOD STANDING, the rights to participate in all deliberations of the Association, to be elected into any office and to exercise the right and privilege of the franchise to vote.

Associate Membership

Associate membership shall be open to all Dental Practioners who freely wish to become members of the Association as a corporate legal body and who do accept the aims and objectives of the Association and are willing to abide by its ethics and code of conduct as specified in the Costitution and Regulations. Dental Practionioners who wish to participate in the activities of the Association may thereby become bona fide Associate Members of the Association in spite of being, at the same time, fully registered members of Dental Association of Botswana. Dual membership of this nature shall not compromise their general rights and privileges of membership EXCEPT the right to vote and to be elected into office.

Associate membership shall be open to all past members of the Association who have left Botswana, and to such other persons as the Executive Council in its absolute discretion may elect from time to time.

Health Professionals listed in PART III of the Health Professionals Act 2001 may, if they so desire, be entitled to and granted Associate Membership of the Association.

Any Medical Practioner or group of practioners, upon whom the Executive Council, acting on behalf of the Association and in its absolute discretion, may elect to confer status of Associate Membership with appropriate rights and privileges, may become Associate Members of the Associaton.

Honorary Membership

The Executive Council, acting on behalf of the Association and with all rights and privileges confered on said Council by the Constitution of the Association, may at its discretion confer Honorary membership of the Association on any Medical Practioner or Group of Medical Practioners and such other Distinguished Persons, in recognition of outstanding professions service in clinical practice, teaching, research and service to the community and mankind with full rights and privileges EXECPT the rights to vote and to be elected into office.

Honorary membership of the Association may, by resolution of the Executive Counci and/or the Members of the Association at an Annual General Meeting or a Special General Meeting, convened solely for such purpose, be conferred on distinguished citizens and other professionals for outstanding service to the Health Professions, the community, the Nation or Mankind.

Affiliate Membership

Medical students in the final year of study and/or Medical Professionals who are training and/or residency abroad, who are citizens of Botswana, may be gratned Affiliate membership of the Association.

Doctoral graduates and doctoral candidates in the Health Sciences may, at the absolute discretion of the Executive Council, be granted Affiliate Membership of the Association.

Affiliate members of the Association may participate in the activities of the Association and attend its business meetings, but may not exercise the right to vote or be elected into office in the Association.

6. ORGANIZATION STRUCTURE

General Principle
For the purpose of fair, broad-based representation and for effective administration, the general Organizational Structure and Executive Control of the Association shall be decentralized in order to achieve democratic participatory governance.

Executive Council
The central governing body of the Association shall be the Executive Council, invested with full powers and privileges of Executive Control, planning, management, administration, decision-making and implimentation, monitoring and evaluation.

Regional Coordinating Committees
The Regional Coordinating Committees shall have delegated powers from the Executive Council to represent members in various regions of the country abd to coordinate and promote the approved agenda of the Executive Council through regular meetings at the regional level in such a manner that a more broad-based participation of members in the day to day affairs of the Association through effective decentralization of meetings and all activities shall be achieved. all such meetings, activities and resolution of the Regional Councils shall be subject to a report and approval by the Executive Council.

Standing Committees
The following shall be the Standing Committees of the Association, operating under supervision of the designated elected officers:

Standards of Practice Committee, headed by the Chairperson-Elect;

Finance Committee, headed by the Treasurer;

Ethics, Conduct & Disciplinary Committee headed by the Honorary President;

Membership Committee, headed by the Membership Secretary;

Ways and Means Committee, headed by the Assistant Treasurer;

Research & Development Committee, headed by the Past-Chairperson

Professional Affairs Committee, headed by the appointment by Chairperson;

Public Relations Committee, headed by the appointment by Chairperson;

Editorial Committee & Editorial Board, headed by the Editor-In-Chief;

Trusteeship Committee, chaired by a member appointed by the Chairperson;

Elections Commission, appointed by the Chairperson at the AGM;

Ad Hoc Committee, to be appointed by the Chairperson from time to time.

7. EXECUTIVE CONTROL

Composition Of The Executive Council

The composition of the Executive Council shall consist of all elected officers of the Association and members appointed or co-opted by the Chairperson or Coucil, and shall be as follows:

Honorary President:
The Ceremonial Presiding Officer and/or Official Representative of the Association and an Ex-Officio member of the Executive Council;

Chairperson:
The Incumbent Chief Executive Officer of the Association and/or Presiding Officer of the Executive Council;

Past-Chairperson:
The last Incumbent Chairperson of the Association and Ex-Officio member of the Executive Council;

Chairperson-Elect:
The Chairperson-Elect and successor to the icumbent Chairperson and an Ex-Officio member of the Executive Council;

Secretary:
The Recording Officer and Chief Scribe of the Asociation;

Treasurer:
The Chief Financial Officer and Custodian of funds and financial records including bank accounts, balance sheets and all financial statements;

Membership Secretary:
Officer ressponsible for membership affairs;

Regional Representatives:
Elected Representatives of the Regions servings on Executive Council, who also chair the Regional Coordinating Committee;

Editor-in-Chief:
The officer responsible for publications and the Journal;

Public Relations Secretary:
The officer responsible for publicity, public relations and all general public affairs of the Association and its members;

Archivist/Historian:
Officer responsible for custody of Association records;

Assistant and Acting Offices:
Assistants and Officers acting on behalf of the elected principal officers who, for any reason(s), are not able to perfom their duties at a specific time or during a specific period;

Chairperson of Trusteeship Committee:
Principal officer responsible for overseeing and monitoring the state and condition of the Assets and liabilities of the Association;

Co-opted member:
Any member co-opted to the Executive Council by the Chairperson or by majority resolution of the Executive Council.

8. DUTIES OF COUNCIL AND COMMITTES

Duties of Executive Council and Standing Committees
The duties of the various Standing Committees of the Association shall be as follows:

Executive Council:
As stated in Chapter 6, and including all sections pertaining to elected officers and other members of Council in 7.1 through 7.1.14 and similarly specified in the Regulations.

Finance Committee:
The Finance Committee shall be charged with all the normal responsibilities for the Finances, including but not limited to, the financial, budgetary and fiscal affairs of the Association. The Committee shall, from time to time, determine membership fees and dues shall receive all donations and/or all other monies; stipulating the disposal, disbursement and depositing of such monetary assets as cheques, monies, instruments, financial assets, stock and bonds. The committee shall be held accountable to the Executive Council in fulfillment of its responsibilities. The Chairperson of the Finance Committee shall be the Treasurer. The duties of the Treasurer are specified in section 8.2.6 herein.

Ethics, Conduct & Disciplinary Committee:
The Ethics, Conduct and Disciplinary shall supervise and monitor all matters of ethics, conduct and/or misconduct, demeanor and/or misdemeanor, behavior and/or misbehavior of members of the Association. The committee shall investigate, handle and/or dispose of all grievances brought before it by members of the Association, the Health Professions Council and/or members of the general public against the Association and/or any of its member(s). The Committee shall investigate and adjudicate all complaints and grievances and apply appropriate disciplinary measure(s) so applied shall include, but not be limited to, cautionary measures and/or admonitions, imposition of fines, suspension and/or expulsion from membership temporarily and/or permanently, depending on the gravity of the offense, PROVIDED THAT ANY MEMBER AND/OR MEMBERS SO ADJUDGED SHALL FIRST BE GRANTED AMPLE OPPORTUNITY FOR PROPER SELF-DEFENSE PERSONALLY AND/OR BY REGISTERED LEGAL PERSON(S).

Ways and Means Committee:
The Ways and Means Committee shall be held responsible for financial and development planning for the Association. The Committee shall seek ways and find the means of meeting and improving the financial and fiscal condition and status of the Association. The Committee shall undertake to plan for acquisition of land and make proposals for development of a National Headquarters, its operation and maintenance and shall undertake formulation of financial and development policies and plans for the future advancement of the Association.

Research & Development Committee:
The Research and Development Committee shall plan, supervise, monitor and evaluate all research and professional development programmes. In general, the R&D Committee shall provide the appropriate atmosphere and conditions under which the Association and its members shall attain the objectives and goals stated in 4.2 to 4.6 and related provisions of the Constitution and its Regulations. All matters relating to post-basic training, continuing professional development, human resource development and standards of clinical practice and the relevant guidelines pertaining thereto herein mentioned shall come under its purview.

Professional Affairs Committee:
The Professional Affairs Committee shall monitor and supervise all matters affecting the Medical Professions, the Medical and Health Professions, including the relations with Health Professions Council of Botswana and the general conduct and delivery of health services in Botswana.

Standards of Practice Committee:
acceptable professional clinical and research practices in the Medical Professions and Health Sciences and shall seek implementation of such practices, monitor adherence and evaluate over-all compliance. The Committee shall encourage best professional practices and advice Members of general aspects of the National Performance Management System and its guidelines and protocols for customer satisfaction.

Public Relations Committee:
The Public Relations Committee shall manage, administer and handle all public relations matters and affairs impacting the Association and affecting the members of the Association. Its primary goal shall be to project a positive image of the Medical and Health Professions in all matters and in any forum where the public perception and portrayal of health practitioners is affected in any and/or every way. Furthermore, the Public Relations Committee shall be tasked with the responsibility of publicizing all undertakings, activities and efforts of the Association and its members. The efforts of the Committee shall be geared towards creating a positive awareness of the Association, advertising its activities and programmes, and informing the general public about the Association and its activities and endeavors.

Editorial Committee:
The Editorial Committee shall be responsible for all business, professional, research and clinical publications. The Committee shall publish the Journal of the Association-Botshelo and/or any other business, scientific, clinical or professional publication. Through its publications, the Committee shall endeavor to disseminate professional information, data and other related material for the benefits of the Association, its members and the general professional community at home and abroad.

Trusteeship Committee:
The Trusteeship Committee shall assume the responsibility for supervising, overseeing, monitoring, and evaluating the state and condition of the Assets and Liabilities of the Association.

Elections Commission:
The Elections Commission shall be appointed at the Annual General Meeting and shall be responsible for organizing and conducting the ensuing elections in an orderly, fair and transparent manner.

Ad Hoc Committee:
The Ad Hoc Committee shall be appointed from time to time and shall be charged with performing specific duties as the Association, the Chairperson and/or the Executive Council may deem necessary and/or fit in the general interest and welfare of the Association and its members.

Regional Coordinating Committees:
Committees Coordinating the agenda and programmes of the Executive Council in the Regions and stimulating members to take active part in activities of the Association.

DUTIES OF ELECTED OFFICERS

Honorary President:
The Honorary President shall be the presiding officer at all ceremonial meeting and gatherings of the Association. (S)He shall be the official representative in ceremonial matters with other similar professional bodies. (S)He shall be an ex-officio member of the Executive Council where (s)he shall act in an advisory capacity with full rights and privileges.

Chairperson:
The Chairperson is the Chief Executive Officer and Presiding Officer of the Executive Council and all General, Plenary and Special Meetings of the Association. The executive powers vested in the Executive Council shall directly be conferred on and exercised by the Chairperson in collaboration with members of Council. In this capacity, the Chairperson shall:

(i)   Exercise leadership control and direct over the affairs of the Association during his/her tenure in office;
(ii)  Prepare an annual programme of activities of the Executive Council;
(iii) Set relevant specific goals and targets to be achieved during his/her tenure in office;
(iv) Prepare an agenda for meeting of the Executive Council as well as Special and Annual General Meetings of the
       Association;
(v) Preside over and conduct all meetings of the Executive Council and all Special and Annual General Meetings of
       the Associations;
(vi) Submit, in writing, an annual report of all activities of the Executive Council and of the Association during
       his/her tenure in office specifying achievements as well as failures, describing the state and condition of the
       Association and charting a road map that the Association should follow in the short-term and long-term
       future.

Chairperson-Elect:
The Chairperson-Elect Is the immediate successor to the incumbent Chairperson. In this capacity, (s)he shall act as the Chief Lieutenant and right-hand man and under-study of the Chairperson. (S)he shall give relevant support and cooperate fully with the Chairperson in all his/her endeavors. The Chairperson-Elect shall act in the absence of the Chairperson with full executive powers and rights.

Past-Chairperson:
The Past-Chairperson is the immediate predecessor to the incumbent Chairperson. In that capacity, (s)he shall act in an advisory and supportive capacity to the Chairperson. (S)he shall serve as ex-officio member of the Executive Council with full rights and privileges.

Secretary:
The Secretary is the Chief Recording Officer and Chief Scribe of the Association. In this capacity, (s)he shall keep proper records of all proceedings of the Executive Council, including Minutes of all meetings, correspondence and shall maintain an accurate record file of the executive Council. (S)he shall send citations to all members about impending meeting and provide each member with the agenda and/or programme for meeting. The secretary shall submit a brief summary report of his/her term in office at the Annual General Meeting. All the records of the Association shall be in the possession of the Secretary until such time that the Association shall obtain an office.

Treasurer Affairs Committee:
The Treasurer is the Chief Finance Officer of the Association. In that capacity, (s)he shall:
(i) Collect of monies and financial instruments, including membership subscription, dues, fees, fines and donations;
(ii) Maintain proper up to date financial records and books of receipts and expenditures both of the Executive
      Council activities and Special and Annual General Meetings of the Association;
(iii) Be a Signatory, together with either the chairperson or the Secretary, to the bank accounts of the Association;
(iv) Submit an up to date annual financial report subject to an audit;
(v) Submit the financial records, books and reports for an annual audit by the Auditor of the Association.

Membership Secretary:
The Membership Secretary is the officer on Council responsible for membership affairs. (S)he shall head the Membership Committee and shall supervise all activities and coordinate all duties of that Committee. (S)he shall submit annual report of his/her stewardship reflecting the status of the Association in regard to achievements, failures and programmes for a vibrant membership of the Association.

Regional Representatives:
Shall represent the various Regions on Council and facilitate the cooperation and participation and participation of the regions in activities of the Council and of the Association.

Editor-in-Chief:
The Editor-in-Chief is the officer on Council responsible for editing and publishing the Journal-Botshelo of the Association. (S)he shall be the Chairperson of the Editorial Committee.

Chairperson/Trusteeship Committee:
The Chairperson of the Trusteeship Committee shall the responsible officer supervising the activities of the Trusteeship Committee. (S)he shall be responsible for coordinating, monitoring, assessing and evaluating the physical assets of the Association. (S)he shall report annually to the Annual General Meeting on the status of the assets of the Association.

Publicity Secretary:
The Publicity Secretary shall head the Publicity Committee and supervise all activities relating to publicity as herein specified In section 8.1.10.

Archivist/Historian:
The Archivist-Historian shall keep all the historical records and archives of the Association. (S)he shall maintain an up to date relevant historical record of the Association.

Regional Committee Representatives:
The Regional Committee Representatives are elected and/or co-opted members of the Executive Council and shall represent Council at the regional level. They shall coordinate agenda programmes at the regional level and stimulate Medical Professionals to Participate actively in programs and activities of the Executive Council of the Association.

Assistant and Acting Officers:
Assistant and Acting Officers are elected officers who shall assist and act on behalf of principal elected officers, from time to time, as the occasion required. They shall assist and collaborate with their principal officers in performing the duties of office ascribed to them.

Chairperson/Ad Hoc Committee:
The Chairperson of the Ad Hoc Committee is an appointed officer of the Chairperson or the Executive Council with specific duties and responsibilities as deem necessary and fit from time to time. He shall be a temporary member of the Executive Council ONLY DURING THE PERIOD OF HIS ASSIGNMENT.

Co-opted member:
The Co-opted member is a member of Council co-opted for a specific reason to perform a specific task in the interest of the Executive Council and for the benefit of the Association.

9. MEETINGS OF THE ASSOCIATION

There shall be only two types of meetings of the Association, namely, an Annual General Meeting and a Special General Meeting. The terms and conditions under which such meeting shall be held are specified in the Regulations.

10. ELECTION OF OFFICERS

Any bona fide member of the Association, IN GOOD STANDING, may become an officer of the Association and/or any of its constituted Bodies, including the Executive Council and/or Standing Committees when (s)he has exhibited leadership and/or has been duly elected, or the right to hold such office has been conferred upon him/her in accordance with the provisions of the Regulations of the Constitution. Election of the Officers and Members of the Executive Council shall take place at an Annual General Meeting or a Special General Meeting. All other officers shall be elected and/or appointed at the first meeting of the Executive and/or the Standing Committees or Regional Coordinating Committees.

11. TENURE OF OFFICERS

In keeping with current democratic practices, there shall be a limit to the length of time an elected officer may continue to serve in a post for which incumbency is determined by election.

In principle, an incumbent officer may serve in the same post for only two (2) consecutive successive terms as prescribed by the Regulations.

A member who has reached tenure in an office may only be re-elected to that office after expiration of two (2) intervening terms prescribed for that office.

12. FINANCES

In keeping with the rights and privileges of incorporation of the Association, as are duly provided in accordance with provisions of the Companies Act 1972, the Association shall have the right to levy membership fees, collect such levies and donations and receive such monetary instruments and/or acquire fixed and movable assets in accordance with law.

The Association shall, in similar manner, disburse, donate to charity and/or dispose of its funds and/or assets for the purposes of managing and administering the day to day and/or long-term affairs of the Association.

All financial and monetary transactions and activities shall be carried out in an open and transparent manner and shall be subject to scrutiny according to the protocols of financial monetary activities. The specific rules pertaining to financial operations shall be set forth in the Regulations.

13. CHANGE OF CONSTITUTION

The Constitution of the Association may be changed in any manner at any time in accordance with provisions prescribed therefore in the Regulations.

Constitutional changes and amendments shall be undertaken with all serious mindedness and always with the best interest of the Association incorporating only revisions and alterations in consonant with the changing times to reflect a positive image of the Constitution as a living embodiment of the aspirations, visions and genuine interests of the Association and its Members.

14. DISSOLUTION OF THE ASSOCIATION

The Association may be dissolved and/or its Name, Nature, Aims, & Objectives and/or Structures & Governance changed in accordance with the provisions set forth in the Regulations.

Anything herein to the contrary, notwithstanding, shall be considered NULL AND VOID and shall have no binding o the Association and/or the Members.