LESOTHO PLANNERS ASSOCIATION

CONSTITUTION

1.0 THE ESTABLISHMENT OF THE CORPORATE IDENTITY OF THE LESOTHO PLANNERS ASSOCIATION The Lesotho Planners Association (herein referred to as the Association) shall be a body corporate consisting of the Board and the District Committees, and by such name shall have perpetual succession, and may adopt and have a common seal; the Association shall be capable both of acquiring and holding property, movable and immovable, and of selling, mortgaging, transferring, leasing or otherwise disposing of any such property, and of suing and being sued in its corporate capacity, and of doing all matters and things incidental or appertaining to a body corporate.

2.0 AIM AND OBJECTIVES OF THE ASSOCIATION 2.1 Aim The Aim of the Association is to enhance the art and science of sustainable local, regional and national human and physical development planning, and the theory and practice relating thereto.

2.2 Objectives The objects of the Association shall be: a) To promote the profession of planning in Lesotho, b) To promote a high level of professionalism and ethical conduct in the broad interest of society at large, c) To promote and protect the interests of its members, d) To promote the standard of education and training of persons in the planning profession, e) To ensure that planning within Lesotho promotes the sustainable use of natural resources, and the social and economic upliftment of all the segments of the population, f) To initiate and promote reforms in the laws, policies and programmes relating to planning in Lesotho,

g) To promote interdisciplinary discussions and collaboration, and also national and international contact and exchange. 3.0 MEMBERSHIP 3.1 Categories of Members a) Corporate Members b) Honorary Members c) Retired Members 3.2 In addition to the above categories, there will also be one other category that shall not have the right to vote: a) Students 3.3 The Board shall have power to induct members of the Association and its decision whether any person proposed for or seeking membership has the qualifications referred to in Article 3.4 shall be final. 3.4 The qualifications and mode of induction of members shall be as prescribed below:3.4.1 A corporate member shall be a person who upon his/her application to the Board may be considered as a corporate member if he/she either holds: a) a professional planning qualification from an approved tertiary educational institution, b) a technical planning qualification from an approved tertiary educational institution. 3.4.2 An Honorary member shall be elected by the Board and shall be a person not professionally engaged in the practice of planning who the Association wishes to honour, by reason of his/her work for the Association or the profession, or by reason of his/her eminence in planning or related fields. He shall remain an Honorary member at the pleasure of the Board. 3.4.3 A Retired Member shall be a member who has ceased to practice as a planner, but wishes to retain an interest in the profession and may upon application be reinstated. He/she shall be bound by the rules of the Association.
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3.4.4 A student shall be a person who has been admitted to the Association on the ground that he/she has enrolled at a tertiary educational institution to study for a degree or diploma in planning. A student may not remain in this class of membership for a period of more than two (2) years after completing their degree or diploma in planning. 3.5 Every person applying for admission to the Association shall complete the prescribed application form and forward it together with certified copies of certificates of all qualifications claimed to the Board via the District Committee. 3.6 A member inducted by the Board shall be notified by the secretariat of the decision on his/her application. 3.7 A member may submit his/her resignation in writing to the secretariat, which shall be accepted by the Board. 3.8 The secretariat shall inform every applicant of his/her induction and send him/her the copy of the Constitution. No application shall be considered unless accompanied by the relevant registration and annual fees. 3.9 The annual subscription fees for members which are due and payable on the first day of April, shall be determined by the Board according to the following formula: a) Corporate Members b) Honorary Members c) Retired Members d) Students Mx Nil Mx/4 Mx/5

The value of x shall be increased through the special ballot by all members of the Association. 4.0 THE BOARD 4.1 The Board shall consist of: a) The President b) The Vice-President

c) One (1) nominated representative from each District Committee who is the chairperson of such district Committee d) The Treasurer e) The immediate Past President as ex-officio member 4.2 The election of the Board 4.2.1 The following procedure shall apply in the election of the Board: a) All subscribed members of the Association eligible for voting shall elect the President, Vice President and the Treasurer for a two year period. b) The committee of each District established in terms of this Constitution shall biennially nominate a representative to serve on the Board. c) The Board shall assume office immediately upon election of the members. d) Any vacancy of the Board shall be filled through elections at the special meeting called upon by the President. 4.3 Powers of the Board The Board shall have the following powers: 4.3.1 The Board shall exercise control over the funds and affairs of the Association. 4.3.2 The Board shall have the right to investigate the professional conduct of members of the Association. 4.3.3 The Board shall have the following further powers:a) To appoint a Secretary and other staff as it deems necessary to perform the functions of the Association and to remunerate such staff from the income of the Association. b) To acquire or dispose of any immovable property in the interests of the Association. c) To hire and/or lease stands, land, buildings, rooms, or any other immovable property, and to pay rent therefor.
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d) To purchase, hire, lease, sell or otherwise dispose of any movable property of the Association. e) To let any immovable property of the Association on such terms and conditions as may be desirable. f) To suspend or expel members. g) To authorize the establishment of the District Committees. h) To delegate any of its powers to the District Committees. i) To invite any person to advice the Board or any committee. j) To receive, hold and administer all subscriptions, registration fees, donations, or endowments of property of any description given to the Association. k) To provide premises and other facilities for meetings, and other purposes of the Association. l) To prescribe the form of Certificates of Membership of the Association. m) To do such other things as are, in the opinion of the Board, incidental or conducive to the performance of the duties or powers given to it. 4.4 Responsibilities of the Board a) The Board shall control the financial affairs of the Association. A proper set of books shall be kept and the Board shall have the power to invest and deal with funds collected by placing them or any portion thereof in appropriate accounts with any commercial bank registered in terms of the Financial Institutions Act. b) The Board shall annually appoint auditors who shall have access at all reasonable times to the accounts and securities. They shall examine the annual accounts before the latter are submitted to the Annual General Meeting. c) The Board shall keep a register of all members of the Association. d) The Board shall remove from the register or roll any member who is: i. expelled,
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ii. deceased, or iii. declared to be of unsound mind by a medical doctor. e) The Board shall have custody of the seal of the Association. 5.0 THE DISTRICTS AND THEIR COMMITTEES 5.1 The following Districts of the Association are hereby established: a) Maseru b) Botha Bothe c) Leribe d) Berea e) Mafeteng f) Mohales Hoek g) Quthing h) Qachas Nek i) Thaba Tseka j) Mokhotlong 5.2 The Districts and their Committees shall function as semi autonomous local bodies, with the Board being superior. 5.3 Each District shall elect a District Committee which shall consist of the Chairperson, Secretary and Treasurer to serve for a two year term of office. 5.4 The District Committee may levy appropriate membership fees to enable the effective running of such District Committee.

5.5 The District Committee shall submit financial statements, which shall be prepared by an accredited Bookkeeper, Accountant or Auditor, to the Board. 5.6 The District Committee shall meet as necessary and shall hold an Annual General Meeting not more than six months after the close of the previous financial year at which meeting statement of income and expenditure for the previous year shall be adopted. 5.7 All money and other property of a District Committee shall be deemed to be the property of the Association. 5.8 A District Committee may not publish any material which is contrary to the aim and objectives of the Association. 6.0 GENRAL MEETINGS OF THE ASSOCIATION General Meetings shall be convened by the Board at least one calendar year. All members shall be entitled to be present and take part in the discussions. Any resolution adopted at the General Meeting by a majority of the members shall be a resolution duly passed by the Association. 6.1 An Annual General Meeting convened by the Board shall be held within six months of the close of the previous financial year. It shall be held in a different District every year on a rotational basis. The financial statement and the balance sheet shall be considered and approved or otherwise at this meeting and for this purpose the 31 st March shall be considered to be the end of the financial year. 6.2 At the Annual General Meeting, the President, or in his/her absence the vice President, or in their absence, a member of the Board shall be the chairperson; in the absence of all the above, a chairperson shall be elected from among members present and entitled to vote. 6.3 The powers of a General Meeting shall include the right to suggest new amendments and to deliberate and make suggestions to the Board on any matter relevant to the welfare of the Association. 6.4 The quorum necessary to constitute a General Meeting shall be twenty members present in person and entitled to vote.

6.5 The Board shall give notice as to the place, date and time of the holding of any General Meeting. 6.6 If within half an hour of the time specified for the holding of the General Meeting, a quorum is not present, the meeting shall be dissolved. Members shall receive notice of adjourned meeting and notice of rescheduled meeting in terms of requirements of Article 6.5. 6.7 At any General Meeting a resolution put to the vote of the meeting shall be decided by the show of hands or by poll. 6.8 Votes may be given personally. 6.9 Minutes of all resolutions and proceedings of meetings shall be appropriately recorded, such minutes shall be confirmed at a succeeding Board meeting and signed by the chairperson of such meeting. 7.0 THE PLANNERS RESPONSIBILITY TO CLIENTS AND EMPLOYERS 7.1 General a) A planner must exercise independent professional judgment on behalf of clients and employers. b) A planner shall not undertake work that constitutes a clash of interest between his/her clients or potential clients. A planner shall not accept a brief that constitutes a clash between his/her interest and those of his/her employer, a client or potential clients. c) A planner should only accept, perform or continue with assignments that his/her professional capabilities or accept work that can be executed accurately as expected by the intended client or employer or that can be expected from the assignment. d) A planner may not disclose information that should remain confidential at the request of the client or the employer. 7.2 The planners professional relationships

A planner should contribute towards the development of the profession by promotion of knowledge and techniques, by suggesting solutions for community problems, by sharing knowledge with fellow colleagues and improving professional and public understanding. a) A planner must promote integrity in the profession. b) A planner should respect the qualifications, points of view and findings by colleagues. c) A planner who is responsible for adjudicating the work of a fellow professional, must execute the responsibility in a manner which is fair, considerate, competent and unprejudiced. d) A planner should share with others the results of experience and research which makes a contribution to the pool of knowledge in planning. e) Theories, methods, and standards that are employed by the planner should be appropriate to the situation. f) A planner should devote time and share information with the intention of enhancing the professional development of students and colleagues. g) A planner should encourage and participate in constructive debates within the profession and between the professional allied professions. 7.3 Professional Conduct 7.3.1 A member may not accept any dishonest commission, or any commission for which he/she is not adequately qualified to perform. 7.3.2 A member shall be remunerated solely by his/her salary and may not accept any remuneration which pertain to the duties entrusted to him/her. 7.3.3 A member who is commissioned to prepare or act as a consultant in connection with the preparation of any planning project shall not: a) engage in any private dealings in fixed property relating to the project, and/ or b) undertake any other work or commission relating to the project without the prior consent of the commissioning authority and the Board.

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7.3.4 A member who holds a planning related appointment in the public sector shall not engage in any private dealings in fixed property within the area of jurisdiction for which he/she holds such appointment, nor shall he/she carry out any private commission with regard to matters that are affected either directly or indirectly by planning proposals relating to such area of jurisdiction without the written consent of his/her employer and the Board. 7.3.5 A member: a) shall only himself/herself, his/her firm or his/her company that performs planning work, known or give notice of his/her firm or companys planning services in a dignified manner such as to uphold the standing and reputation of the profession. Any advertisement, notice or information disseminated by a planner concerning his/her professional practice shall not be undignified, misleading or inaccurate nor shall it in anyway negatively reflect on the work or professional standing of any planner. b) may display his/her name on its own or together with those other professions on a notice board in the area of a development project with which he/she is professionally involved. 7.4 Investigation of a members conduct An alleged transgression of this Constitution due to alleged unprofessional conduct by a member may be subject to an investigation by the Board. The Board may of its own accord, or with reference to a complaint, investigate the conduct of a member. Where the member is not registered to practice planning, the Board may appoint a Special Committee to inquire into the conduct of the member and, if necessary, may duly charge such member with unprofessional conduct. 7.4.1 The Special Committee may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit. 7.4.2 The Special Committee may call upon the member whose conduct is the subject of a complaint, to file an explanation in answer to the complaint- a statement of which shall be provided to the committee- and may require such explanation to be verified by affidavit.

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7.4.3 The Special Committee may call upon any member whom a complaint has been lodged, or whose conduct may appear to the Special Committee to require investigation, and may require him/her to produce any document, contract, paper, drawing or other writing in his/her profession or under his/her control in any way relating to or concerning the complaint or matter under investigation and may hear any relevant evidence incidental thereto, and inspect any relevant document which the complainant or the member may desire to produce. The member may be represented at such inquiry. 7.4.4 Should the member not appear nor file an explanation, the inquiry may be proceeded with forthwith. 7.4.5 The Special Committee having inquired into the conduct of any member may: a) take no further question; b) caution the member; c) impose a fine not exceeding five times annual membership fee; d) recommend to the Board that the member be suspended for such period as the Board may determine; or e) recommend to the Board that the member be expelled from the Association. A suspended or expelled member must return the Certificate of Membership to the Association. 7.4.6 The member against whom unprofessional conduct is held to be proven and who may feel aggrieved by the decision of the Special Committee, shall have the right to appeal to the Board. Such appeal shall be lodged within thirty (30) days of notification of the Special Committee decision. 7.4.7 The notice of appeal to the Board must contain the basic grounds for lodging the appeal. 7.4.8 The Special Committee which heard the original inquiry shall furnish the Board with reasons for judgment. 7.4.9 The copy of the said reasons for judgment shall be furnished to the appellant.
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7.4.10 The Board shall, after setting the date and time for hearing of the appeal, give the appellant at least 28 days notice thereof. 7.4.11 In the event of the absence (except on production of a medical certificate) of the appellant at the time duly set for the hearing of the appeal, the hearing shall be proceeded with. The appellant may be represented at such appeal. 7.4.12 The Board shall be the role and absolute judge regarding any arguments the parties to the appeal wish to advance. 7.4.13 The Board shall decide how the arguments which the parties to the appeal wish to advance, shall be recorded. 7.4.14 The Board shall sit continuously and shall as expeditiously as possible arrive at its judgment, which shall be set out in writing, and which shall contain the reasons for judgment. 7.4.15 The parties to the appeal shall timeously be furnished with a copy of the judgment of the Board. 7.4.16 The decision of the Board on any appeal shall be final and binding. 7.4.17 The findings of the Board shall be reported to every member.

8.0 AMENDMENT OF THE CONSTITUTION The Constitution may be amended if notice of any proposed amendment, together with an explanatory memorandum, has been circulated to every member entitled to vote, together with a ballot paper requiring him/her to record his/her vote for or against the proposed amendment; and if no less than 2/3 of the votes recorded as aforesaid are in favour of the amendment.

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