Sama maintains suspension of council members over ‘breaches’

THE South African Medical Association (Sama) has confirmed the continued office bearing suspension of Cape Western branch council members for alleged breach of the Sama members code of conduct.

This included finance policies and other internal processes and procedures.

While Sama would not divulge details of the complaint, according to a report by Medical Brief the matter relates to “improper use of Sama funds” in obtaining a legal opinion concerning the constitution of the

Sama board.

This comes after one of the board members had approached the Companies and Intellectual Property Commission (CIPC) around allegations of Sama’s board having acted inconsistently with the Companies Act, and for infringement of his rights under that act as well as Sama’s memorandum of incorporation (MOI).

Following an investigation, the CIPC found that Sama’s failure to call and constitute National Council meetings in accordance with the provision of its unregistered rules meant that it had violated its own MOI.

This, it said, caused prejudice to the council member.

It was then recommended that the commissioner of the CIPC approve and issue a compliance notice.

Sama subsequently approached the Companies Tribunal to challenge the compliance notice saying that it was aware of what it understood to be non-compliance with the Companies Act.

It explained that it had been in the process of obtaining the approval of a new MOI that it considered necessary to bring the organisation into compliance with the act, and which it would then act in accordance with.

Ultimately, the tribunal, late last year, found that “compliance with the previous MOI as required by the CIPC would not have prevented the company from being able to go ahead with the passing of the new MOI in due course”.

Approached for comment on the matter, Sama said: “It is also important to provide clarity that the tribunal’s ruling doesn’t question the board’s legitimacy and constitution.

“Instead, it deals with Sama’s failure to comply with certain sections of its old MOI.

“The bona fide reasons for non-compliance were submitted to the CIPC and the Companies Tribunal.”