The South Africa Truth Verification Council (SATVC)
adopts and abides by the Preamble and purpose of the
American Polygraph Association and the Code of Ethics
and the Standards & Principles of the Practice of the SATVC
Constitution of SATVC
The name of this organisation is the South Africa Truth Verification Council hereinafter referred to as the SATVC.
The goal of the SATVC is to be to improve the South African investigative industry and set standards to the highest grade through relevant and excellent training and guidance aimed at promoting equity and development through:
- Serving the cause of truth with integrity, objectivity and fairness to all persons.
- Relevant and high standard training
- Guidance aimed at promoting equity and development
- Encouraging and supporting research, training and education to benefit members of the Council as well as those who support its purpose and by providing a forum for the presentation and exchange of information derived from such research, training and education.
- Establishing and enforcing standards for admission to membership and continued membership in the Council.
- Governing the conduct of members of the Council by requiring adherence to a Code of Ethics and a set of Standards of Practice.
- This document shall be known as the Constitution of the SATVC.
- Unless the context otherwise requires, the General Provisions hereinafter set forth shall govern the construction of this Constitution and By-Laws established by the Board of Directors.
- In the event this Constitution, or any part thereof, or any additions or amendments made subsequently thereto, or the application thereof to any person or circumstance, be found in conflict with any law, such conflict shall be resolved in favor of the law; provided, that if the provisions of law be less than the requirements of this Constitution, such conflict shall be resolved in favor of this Constitution.
- All persons who, at the time this Constitution is adopted, hold offices under any previous Constitution, which offices are continued by this Constitution, shall continue to hold the same offices according to the former tenure thereof.
- No action or proceeding commenced before this constitution takes effect, and no right accrued, is affected by the provisions of this Constitution, but all provisions thereafter taken herein shall conform to the provisions of this Constitution.
- “Accredited school” shall mean any school of polygraph or forensic psychophysiology as accredited by the SATVC.
- "APA" shall mean the American Polygraph Association which is the parent organization in the subject of Polygraph.
- “Board” shall mean the Board of Directors of the Council (BOD).
- “By-Laws” shall mean any set of rules or other writings established by the Board of Directors for the purpose of the administration of the affairs of the Coucnil. The Board of Directors shall establish and maintain By-Laws. The By-Laws shall include, but are not limited to, a Code of Ethics and a set of Standards of Practice.
- “Director” shall mean any natural person elected to hold office under the provisions of this Constitution.
- “Council” shall mean the SATVC or any successor thereto.
- “Elective Year” shall mean the period between meetings of the General Membership held for the purpose of electing Directors and Officers of this Council.
- “Meeting” shall mean any meeting of the General Membership of this Council, any meeting of the Board of Directors of this Council or any meeting of any committee authorised by this Constitution or convened at the direction of the President or the Board of Directors.
- “Member” shall mean any natural person, partnership or division as defined and or limited by the Constitution or By-Laws of this Council.
- “Officer” shall mean any natural person elected to one of the following offices: President, Vice-Presidents (Private, Government and Law Enforcement), Secretary and Treasurer.
- “Person” shall mean a human being as opposed to a partnership or division.
- “Polygraph” may mean “forensic psychophysiology” when used in detection of deception. (Poly= Many, Graph= Chart)
- "Polygraph Equipment / Instrument"- may refer to a instrument which measures and records physiological responses on several tracks at the same time.
- "Polygraph Exam"- may refer to a psychophysiological exam used to assess the truthfulness of the answers of an individual during the exam, according to his registered responses in the Polygraph Instrument.
- “Voting Member” shall mean any member of the Council as defined or limited by the By-Laws.
- “Year” shall mean the calendar year beginning on January 1 at 0001 hours and ending on December 31 at 2400 hours of any year. The affairs of this Council shall operate on the basis of a calendar year. A fiscal year may be utilized for financial accounting.
- Writing shall include any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this Constitution or the By-Laws of this Association, it shall be made in writing in the English language. The mailing of any notice, report or record by first class mail shall be sufficient compliance with any requirement of this Constitution or except as established by Board policy in accordance with this constitution.
- Whenever any reference is made to any portion of this Constitution, such reference shall apply to all amendments and additions thereto now or hereafter made.
- The present tense includes the past and future tense; and the future, the present. The singular includes the plural and the plural the singular. The masculine gender includes the feminine and neuter. “Shall” is mandatory and “may” is permissive.
Membership in the SATVC is a privilege. There shall be six (6) classes of membership:
- Intern Member
- Full Member
- Associate Member
- Life Member
- Honorary Member
Changes or additions to classes of membership or qualifications, rights and privileges of each class of membership shall be recommended only by a two-thirds (2/3) majority vote of the Board of Directors as set forth in the By-Laws of the Council. These changes must be approved by a majority vote of all voting members present at any meeting of the General Membership. Subject to the terms and conditions of this Article, membership in the Council may be suspended or terminated by the Board of Directors for:
- Any act contrary to the provisions of the Code of Ethics and or the Standards of Practice.
- Conduct which brings, or may tend to bring, discredit to the Council or the polygraph profession.
- Failure of any member to meet his, her or its financial obligations to the Council when due and payable.
Polygraph Examiner Membership
Any Polygraph Examiner shall be entitled to be accepted as a member of the SATVC by complying with the following stipulations:
- Graduated Polygraph Training according to the SATVC & APA's standards.
- Completed a minimum of 200 Polygraph Exams supervised by a qualified examiner, during the 3 years following his graduation from a certified academic facility by the SATVC or APA and/ or during the 2 years prior to the submission of the membership application. Up until that, the graduate would be accepted as a Intern member to the SATVC.
In lieu of suspension or termination of membership, the Board of Directors may censure any member, publicly or privately, or impose such other discipline as deemed appropriate, for any violation of the Constitution or By-Laws or Code of Ethics.The Board shall act upon the findings and recommendations of the Grievance Committee at the next scheduled meeting of the Board of Directors.
Members Rights and Duties
- A member of the Council shall be entitled to participate and vote in any General Assembly of the Council and will be counted as 1 vote in every voting.
- An applicant, associate member and honorary member shall be entitled to participate in any General Assembly of the Council, without the right to vote.
- A member shall be qualified to be elected to any institution of the Council unless he was disqualified previously.
- A member or an applicant shall be entitled to participate in the Council's activities and benefit from all the services the Council has to offer its members.
- The Board of Director, authorized by the General Assembly, shall be entitled to determine the obligatory membership fee after a period of seven (7) years from the date of commencement of the Council.
- An applicant shall pay the membership fee in full, unless was exempted by the Board of Directors.
- The Board of Directors shall be entitled to exempt members from annual membership fees, as they see fit according to the standards that were set during the Board of Directors meeting.
- Fees for all members shall be equal.
- Membership or candidacy expiry does not exempt one from paying what's owed to the Council for the period up until the membership or candidacy expiry.
- A member or applicant must fulfill all obligations set by this constitution, including the code of ethics and any other obligation, rule or procedure set by any of the organization's institutions within the realm of its authority, except for all obligations opposition the binding instructions of the public organization for whom the member or applicant works or have worked in the past as a polygraph examiner. To ensure each examination will be conducted in the most professional manner possible while maintaining the polygraph discipline as an effective investigative tool, Polygraph examiners should adhere to the Standards of Practice and Code of Ethics as published by the APA during 2015.
Directors and Officers
Only Voting Members authorized by the By-Laws shall hold office as a Director or as an Officer. The Board of Directors is responsible for the administration of the affairs of the Council and is authorized to take any action necessary to protect the best interests of the Council. Directors – Directors shall perform the duties and fulfill the obligations of their office as defined in the By-Laws of the Association. There shall be three (3) Directors. Each Director shall be elected to and shall serve a term of two (2) years or until the next meeting of the General Membership thereafter and may be reelected to consecutive terms. BOD - Officers shall form part of the Board of Directors (BOD) and shall be no more than seven (7) in number. The BOD will perform the duties and fulfill the obligations of their office as defined in the By-Laws of the Association. The BOD shall consist of:
- President – The President shall be elected to a term of one (2) elective year and may be reelected to consecutive terms.
- Vice President, Private – This Vice President shall be elected to a term of one (2) elective year and may be reelected to consecutive terms.
- Secretary – The Secretary shall be elected to and serve a term of two (2) elective years and may be reelected to consecutive terms.
- Treasurer – The Treasurer shall be elected to and serve a term of two (2) elective years and may be reelected to consecutive terms.
- Chairman – The Treasurer shall be elected to and serve a term of two (2) elective years and may be reelected to consecutive terms.
- Immediate Past President – The Immediate Past President (After the initial first term, if new President is elected)
- Director of Education – The Director of Education shall be elected to and serve a term of two (2) elective years and may be reelected to consecutive terms
Meetings, Elections, Voting and Dues
- The General Membership of the Council shall meet once each calendar year for the purpose of electing Directors and Officers of the Council and to act upon any business brought before it. The General Membership may elect to meet at any other time for any other purpose. The Board of Directors shall establish the date, time and place of the annual seminar and annual General Membership Meeting.
- Voting Members as defined, present at any meeting of the General Membership, shall constitute a quorum to transact any and all business brought before the membership by proper motion. A simple majority vote, unless otherwise provided in the motion, shall be sufficient to carry any motion. All votes, other than those for elective office, shall be taken by voice vote unless the motion requires a vote by secret written ballot in which case the vote shall be taken by secret written ballot.
- The election of Officers and Directors shall be held by secret electronic ballot. If there are two candidates for a specific office, the candidate with the largest number of votes will be elected. If there are three or more candidates and the first ballot does not achieve a majority vote, the two candidates with the most votes will participate in a run-off election with the larger number of votes electing the candidate. All Officers and Directors shall take office immediately upon taking the oath of office at the annual banquet.
- In the event of death, resignation or the inability to act of any Officer or Director, the Board of Directors shall immediately appoint any Voting Member to serve the unexpired term of the deceased, resigned or disabled Officer or Director. The immediate Past President will fill any unexpired term of the President. Members of the Board of Directors may be removed, for cause, by a majority vote of the General Membership.
- Any Member, shall be entitled to speak on the floor at any meeting of the General Membership. Only Voting Members as defined in the By-Laws shall have the right to vote upon motions, elections or any other business brought before the general membership.
- Dues, and the amount thereof, may be established by a majority vote of the Board of Directors after the first seven years of existence of the Council. Upon such date that dues are legible for voting, and upon such case that dues are implemented with a 2/3 majority Directors vote, dues shall be levied against all members in equal amount; provided, no dues shall be levied against Life Members, Honorary Members or Retirees, and the amount of dues levied against Divisional Members shall be determined by the Board of Directors. The Board of Directors, by a unanimous vote, may waive the dues of a member if it is in the best interest of the SATVC.
- For the sole purpose of providing recruitment incentives, when deemed appropriate, the Board of Directors shall have the authority to waive, suspend, adjust, or modify the existing membership dues and/or fees for specified groups of applicants or potential applicants when such action is deemed to be in the best interest of the SATVC members.
- Special Assessments, and the amount thereof, may be established and levied by the Board of Directors; provided, no single special assessment shall exceed the amount of dues levied in the year in which the special assessment is imposed. All members, except Honorary members, may be subject to any assessment.
Standing and Ad-Hoc Committees
The President may establish Ad-Hoc committees for the purpose of administering the goals and objectives of the Council and may appoint any Voting Member to act as Chairperson of any such committee. Ad-Hoc committees shall dissolve upon the completion of their stated purpose, dissolution by the President or upon the expiration of the office of the appointing President. The President may establish the following standing committees and shall appoint a general chairperson from the membership of the Board of Directors for each committee:
- Ethics and Grievance Committee
- Legislative Committee
- Membership Committee
- International Liaison Committee
- Research and Development Committee
- Educational Accreditation Committee
- Public Relations and Information Committee
- Continuing Education Committee
The General Chair will nominate to the President appointment of eligible SATVC members to serve as chairpersons of each committee. The Chairpersons report to the General Chair and supervise the operation of the various Committees. The General Chair is responsible for presenting the status of the committee actions to the President and the Board of Directors. Policies and Procedures established by the Board of Directors in administrating the Council shall be documented as historical record by the Secretary and retained at the National Office.
By-Laws to this Constitution shall be established and maintained by the Board of Directors for the purpose of promoting the mission of the Council and administering the goals and objectives thereof. Unless otherwise specified, By-Laws may be amended by a two-thirds (2/3) majority vote of the voting members of the Board; provided, no amendment or other revision shall be voted upon unless a copy of the proposed amendment or revision has been mailed or otherwise provided to all members of the Board at least thirty (30) days prior to the meeting upon which the amendment is to be voted.
Eligibility to be registered as an Intern - One shall be entitled to be accepted as an intern by complying with the following stipulations:
- Graduated Polygraph Training according to the SATVC & APA's standards.
- Internship shall be done under the direct supervision and by a professional trainer.
- One shall become a trainer once He's a full member of the SATVC and/or APA and has as least 4 years of experience as a Polygraph Examiner and the member wasn't disqualified as a trainer by the Board of Directors.
Trainer Disqualification - The Board of Directors shall be entitled to disqualify a member from becoming a trainer, after giving him the opportunity to state his claims, once:
- The Central Committee discovered that the member did not follow through with his duties as a trainer, though he had the obligation to do so.
- The member has been convicted for a crime and the Board of Directors deems the member as unfit to be a trainer.
- Following the above, the member shall be entitled to submit an appeal to SATVC within 45 days from the day of the disqualification notice
Interns' Supervisor - The Board of Directors shall be entitled to appoint a member of the Council as a supervisor of the interns (hereafter: “The Supervisor”). The supervisor shall be authorized to voice an opinion before the Board of Directors regarding the quality of the intern's internship and, to this end, he shall be authorized to carry out written and oral inquiries with both the trainers and the interns. Training ban - No member of the Council shall train to perform polygraph examinations, in any way, shape or form, individuals who do not meet with the basic standards of the Council as set in this article.