CONSTITUTION
1. Name:
The name of the Association is “ Light Sport and Amateur-Built Aircraft Association of Namibia” ,
hereinafter referred to as LISAMA - (Association for none-type certified Aircraft)
2. Principal Objectives:
a) To encourage, develop and promote private and sporting Light Sport and Amateur-Built aviation
throughout the Republic of Namibia.
b) To operate as approved recreation organisation under Sub-part 2 of Part 149 of the Aviation Act.
c) To co-ordinate and regulate all forms of Light Sport and Amateur-Built aviation sport of members,
by compiling, maintaining and modifying from time to time as required, a Manual of Procedure
in accordance with which all forms of Light Sport and Amateur-Built aviation sport shall be
conducted.
d) To issue, renew and withdraw in accordance with the Manual of Procedure and the Air Navigation
Regulations and in consultation with NCAA, the necessary licenses and ratings for Light Sport and
Amateur-Built aircraft pilots, instructors and Approved Persons where applicable.
e) To carry out other activities in respect of Light Sport and Amateur-Built aviation as approved by
NCAA.
3. Subsidiary Objectives:
For the furtherance of the aforesaid principal objectives, the following are subsidiary objectives of LISAMA:
a) To popularise Light Sport and Amateur-Built Aeroplane flying by providing members with facilities for obtaining all such licenses and ratings as are or may be hereinafter granted by any duly constituted authority under the Air Navigation Act and to provide and/or maintain such facilities for all such operations thereafter.
b) To promote and/or participate in, administer and regulate Light Sport and Amateur-Built aviation flying sports events under the rules of NCAA and LISAMA.
c) To hold and arrange for aviation meetings, competitions and other meetings of the like nature whether for the benefit of NCAA, LISAMA or other charities and objectives, and to offer and to grant or contribute towards the provision of prizes, awards and distinctions.
d) To promote air mindedness and safety of the air amongst the members of LISAMA and others.
e) To invest and apply moneys not immediately required for the purpose of LISAMA in such a manner as LISAMA may from time to time think fit.
f) To co-operate, associate, affiliate, or amalgamate with any other similar bodies fulfilling the objects of LISAMA as may be considered advisable from time to time.
g) LISAMA shall be non-political and not exercise any gender, racial, or religious discrimination.
4. Income:
The income and property of LISAMA when so ever derived shall be applied solely towards the promotion and objectives of LISAMA as set forth in this Constitution; and no part of it shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by the way of profit, to the members of LISAMA, provided that nothing contained herein shall prevent the payment to any officer or servant of LISAMA or to any member of LISAMA in return for any services actually rendered to LISAMA.
Financial Year – starting 1 October and ending 30 September. The Financial Book must be audited every year.
5. Dissolution:
a) LISAMA shall remain in existence as long as there is an LISAMA EC plus one voting member.
b) The existence of the LISAMA may be terminated by a resolution of an AGM or SGM called for this reason by 80% majority of the voting members present at such meeting.
c) The Liability of members is limited. No member of LISAMA shall be responsible to contribute to the assets in the event of LISAMA being wound up, during the time he/she is a member or any time afterwards.
d) If, upon the winding up or dissolution of LISAMA, these remains, after satisfaction of all debits and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the members of LISAMA, but shall be given or transferred to some other institution or institutions having objects similar to the objects of LISAMA, at or before the time of dissolution, and in default thereof, to NCAA.
6. Membership:
Members shall be individual members who have been admitted to the association as prescribed below
and have paid the annual LISAMA subscription fee as determined from time to time.
a) All applications for membership shall be in writing in the form prescribed from time to time by the
Executive Committee.
b) Membership commences from the time that the application is accepted by LISAMA and when all levies and /or fees and/or subscriptions have been paid to LISAMA and accounted for.
c) Candidates may not be accepted to become a member, if candidate has a criminal record.
Save as in these rules and elsewhere provided, a member shall be entitled to the rights and privileges
and be subject to all the duties of membership.
7. Termination:
a) Membership shall terminate where the individual resigns from the Association.
b) Membership shall automatically terminate when any member whose annual subscription and/or levy and/or fee remains unpaid for a period exceeding 3 calendar months after such amount became due and payable.
c) Membership is terminated if a member is expelled, as provided for in these rules.
d) Membership may otherwise be terminated as the rules provide.
8. Rights and Privileges of Members:
a) Every member shall be entitled, subject to the provisions of this Constitution and particularly to Rules (b) and (c) below and to any by-laws for the time being in force and made by the Executive Committee as hereafter provided, to all the rights and to be subjected to all the duties of a member of LISAMA.
b) The Executive Committee shall have the power and duty to enquire into any allegation against a member regarding misconduct or any act of omission which, in the opinion of the Executive Committee, is prejudicial to the interests of LISAMA or any of the objectives for which LISAMA exists. For the purpose for so enquiring the Executive Committee may call before it any member against whom the allegations are made. If, upon so enquiring, the Executive Committee finds such allegations of misconduct to have been established, then it may caution such member and/or suspend or expel such member from LISAMA, or require him to resign from LISAMA. A member expelled under this article shall forfeit all right in any claim upon the Association and its property, and shall not be entitled to reclaim any unexpired portion of any subscription, fee or levy. The Executive Committee shall have the right to suspend any member pending investigation by that Committee of any allegations of any such misconduct.
c) If any member is to be convicted of any offences which, in the opinion of the Executive Committee,
makes it undesirable for LISAMA to continue such members membership, or being engaged in any profession shall on account of misconduct be prohibited by the governing body of such profession, or by courts, from continuing to practice or operate under their regulations, then such member may be declared by the Executive Committee to have ceased to be a member of LISAMA, and in the event shall forfeit all rights in and claims upon LISAMA and their property, save that upon application being made by such member may be re-admitted and restored to his former rights by the Executive Committee in its absolute discretion.
9. Relationship to NCAA:
LISAMA shall abide by the Rules and Regulations of the Namibian Aviation Act.
10. LISAMA Executive Committee:
a) The LISAMA Executive Committee shall be elected bi-annually at the AGM. The Committee shall hold office for two years or until the following AGM. Members of the Committee shall be LISAMA members in good standing.
b) Nominations for the committee of members who will not be present at the AGM shall be received in writing by the secretary of LISAMA prior to the commencement of the AGM. Nominations shall be in writing and signed by two LISAMA members in good standing and the nominee.
c) Nominations at the AGM will only be accepted if agreed to by the nominee and seconded by two members in addition to the proposer.
d) Each member of the outgoing committee shall automatically retire and can be nominated for re-election unless they notify the secretary before hand that they will not be eligible for re-election.
e) Should there be more than one incumbent for any position on the Committee a vote will take place at the AGM to determine the incumbent.
f) Only LISAMA members in good standing may vote in any election. Members may exercise their vote by proxy at the meeting.
g) The Executive Committee shall consist of not less than four and not more than nine members.
The Executive Committee shall consist of:
Chairperson
Vice Chairperson
Treasurer
Secretary
Training Officer
Technical Officer
Safety Officer
2 Additional Members
h) Should any position on the Executive Committee not be filled at the AGM or become vacant during the year, the Executive Committee may co-opt a person to fill the vacancy.
i) Voting may be open or secret and the election procedures shall be determined by the Executive Committee.
j) A quorum of the Executive Committee shall be a minimum of four members.
k) Meetings of The Executive Committee shall be held at least 3 times per year. Each member of the Executive Committee is required to attend at least two General Meetings during the year.
11. Annual General meeting:
a) An Annual general Meeting shall be held annually to receive the reports of the Executive Committee and to elect office bearers and deal with any other business of relevance to LISAMA members in general.
b) The AGM shall be held on a date within three months after the financial year end.
c) A quorum shall be, whichever is the least, either half of the voting members or at least eight voting members.
d) If no quorum is present within 15 minutes of the specified starting time of the AGM, the meeting shall be postponed to a later date, provided that notice of such date shall be given via fax, e-mail, post or personal delivery.
e) If no quorum of the members is present at such postponed AGM, the members present shall be the quorum.
f) Written notice of the AGM together with the agenda shall be delivered per fax, e-mail or post at least one month prior to the date of the AGM.
g) Decisions shall be decided by one-half plus one votes cast by the quorum, provided that the voting member may not have more than three votes per proxy above his/her own vote. Proxies shall be in writing and signed by the member giving the proxy and identifying the voting member who must cast the vote. The proxies shall be handed to the secretary before the AGM.
h) In case of a deadlock, the Chairperson shall have the final casting vote.
i) Prior to a decision, the relevant issue may be debated.
j) Minutes of the AGM shall be kept by the Secretary and shall be confirmed with or without amendments at the next AGM.
k) The AGM shall conduct as follows:
1. Welcome
2. Determination of quorum and credentials
3. Additions to agenda
4. Adoption of Agenda
5. Reading of, if not circulated prior to the AGM, and confirmation of the minutes
of the previous AGM.
6. Reading of, if not circulated prior to the AGM, and confirmation of the minutes
of any SGM held since the previous AGM.
7. Reading of Chairpersons report
8. Reading and confirmation of Financial report
9. Election of EC if necessary
10. Amendments of the Constitution
11. General Issues
12. Adjourn AGM
12. Special General Meeting:
a) A Special General Meeting may be called on by the resolution of the EC or by application delivered to the Chairperson provided that such application is signed by the lesser of the following: 20% of the voting members or ten voting members.
b) A quorum shall be, whichever is the least, either half of the voting members or at least ten voting members.
c) If no quorum is present within 15 minutes of the specified starting time of the SGM, the meeting shall be postponed to a later date, provided that notice of such later date shall be given via fax, e-mail, post or personal delivery.
d) If no quorum of the members is present at such postponed SGM, the members present shall be the quorum.
e) Written notice of the SGM together with the agenda shall be one month prior to the date of the SGM.
f) Decisions shall be made by one-half plus one votes cast by the quorum, provided that a voting member may not have more than three votes by proxy, above his/her own vote. Proxies shall be in writing and signed by the member giving the proxy and identifying the voting member who must cast the vote. The proxies shall be handed to the secretary before the SGM.
g) In case of a deadlock, the Chairperson shall have the final casting vote.
h) Only points on the agenda as circulated may be discussed.
i) Prior to a decision, the relevant issue may be debated.
j) Minutes of the AGM shall be kept by the Secretary and shall be confirmed with or without amendments at the next AGM.
13. Amendments to the Constitution:
The constitution may be amended at an AGM or SGM by a vote of two thirds of the members present.
14. Indemnification:
a) LISAMA shall not be held responsible for any incidents, accidents, injuries or death whatsoever to members or other persons during any Light Sport and Amateur-Built aviation activities.
b) LISAMA EC members shall be indemnified from and against all actions, costs, charges, losses, damages and expenses which they individually or collectively may incur or sustain by reason of any act done, concurred or omitted, in or about the execution of their respective duties or supposed duties, except if such are incurred or sustained through wilful neglect or default.
c) No LISAMA EC member shall be answerable for the acts, receipts, neglects or default of any other member which may result in any loss, misfortune or damage to the LISAMA or its members.
d) No member will allow a passenger into Light Sport and Amateur-Built aeroplanes unless an indemnity form, indemnifying the member and the LISAMA of any injuries, personal loss or death, has been signed by the passenger.