Constitution


PREAMBLE
DEFINITION OF A MUSEUM

Museums are dynamic and accountable public institutions which both shape and manifest the consciousness, identities and understanding of communities and individuals in relation to their natural, historical and cultural environments, through collection, documentation, conservation, research and education programmes that are responsive to the needs of society.

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DECLARATION OF INTENT

1. That South African museums in their various programmes purposefully direct their efforts to promote the dissemination of information and the enjoyment of museums by all South Africans.
2. That South African museums actively assist all our various communities better to understand the circumstances of both their separate and common history so as to give them a clearer view of their present relationships and, thereby, of how they can be more harmoniously involved one with the other in the future.
3. That South African museums sincerely strive to be seen to belong to all South Africans irrespective of colour, creed or gender.
4. That all South Africans be encouraged to express openly their views as to how the country’s museums may better serve the interests of all in South Africa.

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MISSION STATEMENT
As a professional body concerned with South Africa’s heritage, SAMA will provide leadership in the management of the country’s diverse natural and cultural heritage for the enrichment of all people so as to:
1. develop and support an inclusive South African heritage practice;
2. build the capacity for an effective South African heritage industry;
3. address and advocate critical concerns for the future of South African heritage management.

1. STATUS OF THE ASSOCIATION
1.1 The Association shall be known as the South African Museums Association (SAMA).
1.2 The Association is controlled by a ‘Council of SAMA’ (The Council), constituted as provided for in section 7, which is a corporate body with perpetual succession and is capable of performing such acts as bodies corporate may by law perform.
1.3 The Council shall appoint a body called the ‘Executive of SAMA’ (The Executive) made up of members of the Council constituted as provided for in section 8.
1.4 The Council may grant authority for the establishment of Regional Branches of the Association as provided for in section 14.
1.5 The location of the national office of the Association shall be determined by the Council.

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2. OBJECTIVES AND FUNCTIONS
The Association aims to promote museology and all matters pertaining thereto by:
2.1 Promoting the creation and dissemination of knowledge in the field of museology by:identifying and supporting essential research; sponsoring professional journals and other publications; and arranging meetings and courses for the dissemination of knowledge.
2.2 Furthering training, skills and conduct by:devising suitable programmes and setting standards for various levels of training; evaluating educational programmes and qualifications; upholding an ethical code for the professional conduct of members; and recognising distinguished service and achievements by members and others in museology.
2.3 Increasing the effectiveness and efficiency of museums by:promoting the establishment and maintenance of museums to meet the needs of all communities and encouraging the optimal use of museum facilities; appointing suitable persons for specific tasks; and promoting standards in the management of collections through accreditation.
2.4 Promoting the extensive use of museums by:promoting co-operation with various organisations, agencies, companies and all levels of government and publicising the value of museums as cultural, educational and recreational resources through the media.
2.5 Facilitating communication and co-operation between members of the Association by:arranging meetings for members on international, national and regional levels; bringing together members according to geographical division or common interest; and achieving joint viewpoints on matters of common interest.
2.6 Promoting co-operation with bodies with related interests and with public organisations by:rendering advice to organisations with activities which are related to the aims of the Association; making representations and submitting proposals to State and other public organisations in order to obtain desired legal, administrative and financial action; and initiating and maintaining co-operation and good relations at international level.
2.7 Promoting and safeguarding the interests of members of the museum profession by:striving towards conditions of service which will attract suitable persons to the profession; furthering the rendering of services of high quality by the profession; and ensuring that the dignity and status of the profession and those who practice it are recognised.
2.8 Recognising the inequities of the past and promoting parity by:developing policies and practices which are in line with both the Constitution and the Bill of Rights of the Republic of South Africa.

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3. MEMBERSHIP
3.1 The categories of membership shall be as follows:
3.1.1 individual members;
3.1.2 institutional members;
3.1.3 honorary members;
3.1.4 fellows;
3.1.5 life members;
3.1.6 corporate members;
3.1.7 foundation members;
3.1.8 patrons.

3.2 Individual Membership may be granted to people who have an interest in museums and museology.
3.3 Institutional Membership may be granted to bodies such as museums, libraries, learning or research institutes, societies, associations or foundations and government departments which have an interest in the Association, its aims and objectives.
3.4 Honorary Membership and Fellowship:
3.4.1 people who have made an outstanding contribution towards museological or related matters may be awarded Honorary Membership by the Council;
3.4.2 people may be awarded Fellowship by the Council in recognition of their professional achievements and standing; their contribution to museology and the Association (as opposed to involvement in one specific discipline only); their contribution to museological literature; and their general raising of standards in the museum profession.
3.5 Life, Corporate and Foundation Membership can be obtained on the payment of fees determined by the Council
3.6 Patrons may be appointed from time to time by the Council as partners in furthering the aims and enhancing the status of the Association.

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4. ACQUISITION OF MEMBERSHIP
4.1 Prospective members or institutions must apply through their regional branch and are subject to the approval of the regional branch committee.
4.2 The prospective member shall be proposed and seconded in accordance with the constitution of the respective branch.
4.3 Nomination for Honorary Membership and Fellowship shall be sent through a regional branch to the Council for approval and shall be accompanied by a clear motivation and signed by a proposer and seconder who shall both be members of the Association in good standing. Such documentation must reach the Administrator/Secretary prior to a meeting of the Council.
4.4 A regional branch whose nomination proposal in terms of section 4.3 has been rejected may lodge a written appeal with the Council within fourteen days of receiving notification thereof. The Council shall then reconsider the nomination and the decision reached shall be final.

5. DURATION OF MEMBERSHIP
5.1 Any member shall remain a member until he/she resigns, has been in arrears with fees for twelve months, or has had his/her membership cancelled by a regional branch or the Council. A member whose membership has been cancelled may lodge a written appeal to the Council or the Executive in its place within fourteen days of receiving notification of the cancellation. The Council or Executive may reinstate such membership under such conditions as they may decide.
5.2 The membership of any member whose fees are not paid by the last day of April of any year shall be suspended until the required fees for that year have been paid.

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6. MEMBERSHIP FEES
6.1 Membership fees shall be determined by the Council.
6.2 Subscriptions fall due on 1 January of each year. The financial year is from 1 January to 31 December.
6.3 Subscriptions shall be paid to the regional branches. The branches shall then forward the subscriptions, or a portion thereof as determined by the Council, to the National Office.
6.4 Patrons, Fellows, Honorary and Life members shall not be liable for annual subscriptions.

7. THE COUNCIL
7.1 The Council shall consist of:
7.1.1 the President, Immediate-Past President and Vice-President;
7.1.2 six other Councillors who shall be responsible for various portfolios;
7.1.3 a Representative from each regional branch; all of whom shall be and remain members of the Association in good standing.
7.2 The Chairperson of the Executive Board of ICOM SA shall be an ex officio member of the Council.
7.3 The Council shall have the power to appoint two further Councillors from amongst the members of the Association in good standing should this be deemed necessary. These Councillors shall have the same voting rights as all other Councillors.
7.4 Presidential succession:
7.4.1 the President shall retire after a term of office of two years and become the Immediate-Past President for the next term of office;

· 7.4.2 the Vice-President shall then succeed as President for the next term of office.

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·7.5 Election of the Council:

· 7.5.1 the Vice-President and Councillors shall be elected every two years coincident with an Annual General Meeting of the Association;

· 7.5.2 only members of the Association who are in good standing shall be eligible for election. Branch representatives elected in terms of section 7.7 shall not be eligible for election as Councillors.

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· 7.6 Nomination and election procedure:

· 7.6.1 only members of the Association who are in good standing on the date that the nominations close shall be entitled to nominate and to vote;

· 7.6.2 nominations for Vice-President and Councillors shall be submitted by post;

· 7.6.3 the nomination paper must make clear that:

· 7.6.3.1 the member may nominate only one candidate for election to the position of Vice-President;

· 7.6.3.2 the member may nominate a maximum of six candidates for election as Councillors;

· 7.6.3.3 the member and the nominee shall both sign the nomination paper and a separate paper shall be submitted for each nomination;

· 7.6.3.4 the nomination paper shall be returned to the Administrator/Secretary before or on a specific date;

· 7.6.3.5 in the event of any of the above stipulations not being complied with, the nomination paper shall be deemed invalid;

· 7.6.4 the Administrator/Secretary shall post such nomination papers to all members who are entitled to vote at least twelve weeks prior to the Annual General Meeting;

· 7.6.5 election of Councillors shall take place by secret ballot;

· 7.6.6 the voting paper must make clear that:

· 7.6.6.1 the voter has a total of six votes;

· 7.6.6.2 the voting paper shall be returned to the Administrator/Secretary not later than the time scheduled for the counting of the votes at the Annual General Meeting;

· 7.6.6.3 in the event of any of the above stipulations not being complied with, the voting paper shall be deemed invalid;

· 7.6.7 the Administrator/Secretary shall post such voting papers to all members who are entitled to vote at least four weeks before the Annual General Meeting;

· 7.6.8 at the opening of the Annual General Meeting, three scrutineers shall be appointed by the Chairperson to count the votes, whereafter the results of the election shall be announced by the Chairperson;

· 7.6.9 in the event of a tie for the sixth post of Councillor, the Chairperson shall draw lots;

· 7.6.10 the newly elected Council shall elect by secret ballot the Vice-President from those who have accepted nomination for this position. Should the elected Vice-President be one of the six elected Councillors, the unselected nominee for Councillor with the highest number of votes shall then be elected as Councillor;

· 7.6.11 a member elected as Councillor may hold office for a maximum of two terms in succession after which he/she shall be ineligible for election to the same position for one term.

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7.7 Election of Branch Representatives:

· 7.7.1 each regional branch shall be represented by its duly elected Chairperson;

· 7.7.2 the Branch Chairperson is elected by the members of the branch in accordance with the constitution of the branch as per section 9.1.14;

· 7.7.3 these elections should not be held more than one year prior to the election of Councillors and the Administrator/Secretary should be informed in writing of the result.
7.8 Vacancies in Council can be filled as follows:

· 7.8.1 President: the Vice-President shall become the President for the remainder of the term of office as well as for the succeeding term of office;

· 7.8.2 Vice-President: the Council shall elect one of the elected Councillors or Branch Representatives for the remainder of the term of office;

· 7.8.3 Councillors: the Council shall co-opt a new Councillor for the remainder of the term of office;

· 7.8.4 Branch Representatives: the vacant Branch Chair shall be filled in accordance with the constitution of the regional branch;

· 7.8.5 Representative of ICOM SA: this position shall be filled in accordance with the rules of ICOM SA;

· 7.8.6 positions filled in terms of sections 7.3, 7.8.2 and 7.8.3 shall be able to stand for nomination and election for any position on the Council at the end of the term of office.

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8. THE EXECUTIVE

· 8.1 The Executive shall consist of:

· 8.1.1 the President and Vice-President;

· 8.1.2 two Councillors, elected or co-opted, appointed by the Council at its first meeting;

· 8.2 vacancies shall be filled in accordance with section 7.8.

9. POWERS AND FUNCTIONS OF THE COUNCIL AND THE EXECUTIVE

· 9.1 The Council:

· 9.1.1 shall be the executive authority of the Association and shall represent the Association in all external relations;

· 9.1.2 is charged with the promotion of the interests of the Association and may take such action as it deems fit for the execution of section 2 of the constitution;

· 9.1.3 may award Honorary Membership and Fellowship with due observance of the stipulations in sections 3.4 and 4.3. It may also confer suitable recognition on people who have successfully completed training programmes endorsed by the Council, or who have rendered distinguished service to the Association or to museums in general;

· 9.1.4 shall empower the Executive to handle any such business as it deems necessary;

· 9.1.5 shall determine when it shall meet provided that at least two meetings are held annually;

· 9.1.6 may co-opt a Secretary and a Treasurer if necessary;

· 9.1.7 may appoint and discharge employees if necessary and determine duties, conditions of service and emoluments;

· 9.1.8 may terminate if necessary, as per section 5.1, the membership of any member by a majority vote of at least two-thirds of the Council members;

· 9.1.9 may appoint standing committees;

· 9.1.10 shall convene an Annual General Meeting every year and a National Conference at least once every two years. If it is unable to carry out this clause it must inform the members of the Association as soon as possible;

· 9.1.11 shall control the finances of the Association and shall ensure that:

· 9.1.11.1 proper accounts are kept;

· 9.1.11.2 all cheques are signed by at least two signatories authorised by the Council;

· 9.1.11.3 surplus funds are invested;

· 9.1.11.4 auditors are appointed;

· 9.1.11.5 audited financial statements are laid before each Annual General Meeting for approval;

· 9.1.12 shall decide on the procedures at any General Meeting of the Association and its own meetings;

· 9.1.13 may nominate Patrons of the Association;

· 9.1.14 shall establish and dissolve branches of the Association as per section 14 and approve the constitutions of such branches in so far that they are not in conflict with the constitution of the Association;

· 9.1.15 shall appoint one of its members to the Executive Board of ICOM SA in accordance with section 7 of the Rules of ICOM SA;

· 9.1.16 shall promote co-operation between the Association and associate bodies, entering into any arrangements that comply with both the constitution of the Association and that of the associate body;

· 9.1.17 the quorum at any meeting of the Council shall be seven members present;

· 9.1.18 members of the Council shall not be absent from two consecutive meetings without a valid reason;

· 9.1.19 the Chairperson at any meeting of the Council shall be the President who shall be replaced by the Vice-President if absent. Should they both be absent the members present shall elect a Chairperson;

· 9.1.20 minutes of all Council, Executive and General Meetings shall be taken and approved at the next meeting;

· 9.1.21 the President shall submit an annual report on the activities of the Association to the Annual General Meeting.

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· 9.2 The Executive:

· 9.2.1 shall control any business of the Association as approved by the Council in terms of section 9.1.4. All decisions taken by it shall be regarded as valid and shall be approved by the Council at its next meeting in terms of section 9.1.20;

· 9.2.2 shall meet as many times as it deems necessary;

· 9.2.3 the quorum at any meeting of the Executive shall be three;

· 9.2.4 the Chairperson shall be the President, or in his/her absence, the Vice-President.

· 9.3 The Council and the Executive may conduct business by correspondence. Any decision taken in this manner shall be recorded in the minutes of the next Council and Executive meetings.

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10. OTHER COMMITTEES

· 10.1 The Council may appoint committees to execute any particular functions of the Association every second year and a member shall hold office for a maximum of two terms in succession, after which he/she shall be ineligible for appointment in the same capacity for one term.

· 10.2 The composition, powers, duties and quorums of such committees shall be determined from time to time by the Council or the Executive.

· 10.3 Committees shall, unless otherwise authorised by the Council or the Executive in its place, conduct their correspondence with outside bodies through the National office only.

· 10.4 The President of the Association shall automatically be a member of all committees.

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11. ANNUAL GENERAL MEETING, EXTRAORDINARY GENERAL MEETINGS, VOTING RIGHTS AND NATIONAL CONFERENCE

· 11.1 Subject to the provisions of this Constitution, the Annual General Meeting of the Association shall be the legislative authority of the Association.

· 11.2 The Annual General Meeting shall:

· 11.2.1 be convened by the Council in terms of section 9.1.10 and 12;

· 11.2.2 conduct the election of the Council in terms of section 7.6.8;

· 11.2.3 receive, consider and approve reports from the Council on the activities and finances of the Association during the preceding financial year;

· 11.2.4 receive, consider and approve reports from the Council and Committees on instructions given by a previous Annual General Meeting or Council meeting;

· 11.2.5 consider matters submitted by members, committees, sectional meetings, regional branches or the Council;

· 11.2.6 transact such other business as may be determined by the Council.

· 11.3 Extraordinary General Meetings shall:

· 11.3.1 be convened by the Council in terms of section 12.4 within ninety days of receipt of a request in writing clearly specifying the reasons therefore and signed by at least 25 members.

· 11.3.2 deal only with those matters for which they have been convened.

· 11.4 The Chairperson at any General Meeting shall be as per section 9.1.19.

· 11.5 Voting rights:

· 11.5.1 thirty members personally present shall be a quorum at any General Meeting;

· 11.5.2 members who are in good standing and who are present shall have the right to vote;

· 11.5.3 subject to the provision in section 11.5.4 the members of all categories of membership of the Association shall have exactly the same vote;

· 11.5.4 each member institution or corporation is entitled to one representative who shall take part in the deliberations of the Association and vote on behalf of the institution or corporation. Should such a person be a member as well, that person would also be entitled to one vote in a personal capacity;

· 11.5.5 the Chairperson of all General Meetings shall, apart from a deliberative vote, also have a casting vote;

· 11.5.6 the Chairperson of the Council, Executive, and any other committee meetings shall have a casting vote as well as a deliberative vote during such meetings;

· 11.5.7 during all meetings voting shall be by show of hands and motions shall be decided by a majority of members in good standing present, except in the case of changes to the Constitution as per section 16. If the meeting should so decide, voting shall be by secret ballot;

· 11.5.8 non-members of the Association may attend the Annual General Meeting but may not vote.

· 11.6 A National Conference of the Association shall be convened by the Council in terms of section 9.1.10 and 12 and may include the Annual General Meeting as part of the programme;

· 11.6.1 the organisation and management of the conference shall be controlled by a Conference Committee as approved by the Council or the Executive in its place;

· 11.6.2 on registration, all delegates and observers to the Conference shall pay a Conference fee as determined by the Conference Committee.

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12. ORGANISATION OF A NATIONAL CONFERENCE, ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETINGS

· 12.1 At each National Conference and/or Annual General Meeting the venue of the following National Conference and/or Annual General Meeting shall be determined.

· 12.2 A notice of the venue and date of the Annual General Meeting shall be posted by the Administrator/Secretary to every member not later than three months before the Meeting.

· 12.3 A notice with the particulars of the venue, date and time of the Annual General Meeting, accompanied by the agenda, shall be posted by the Administrator/Secretary to every member not later than four weeks before the Meeting.

· 12.4 The venue for an Extraordinary General Meeting shall be determined by the Council. Notification of the date and venue shall be posted by the Administrator/Secretary not later than thirty days before the meeting.

· 12.5 All correspondence regarding a National Conference shall be undertaken by the Conference Committee providing that the venue, dates, theme and registration forms are sent to the members of the Association not later than three months before the opening day of the Conference.

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13. SECTIONAL MEETINGS

· 13.1 The Council, or Executive in its place, may divide the transactions of the Annual General Meeting into sectional meetings.

· 13.2 A sectional meeting shall elect its own committee and office bearers and may from time to time define the size and powers of its committees whose term of office shall correspond with that of the Council.

· 13.3 The Council, or in its place the Executive, and the Annual General Meeting may refer any matter or proposal to a sectional meeting provided that all resolutions involving matters of policy are subject to confirmation by members present.

· 13.4 Any member in good standing may attend any sectional meeting, participate in the discussion and vote.

· 13.5 A sectional meeting may make any recommendations to the Council in connection with the appointment of a committee to undertake a specific investigation and may recommend members of such a committee.

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14. REGIONAL BRANCHES OF THE ASSOCIATION

· 14.1 The Council may grant authority for the establishment of a regional branch as per section 1.4 on receipt of an application of a sufficient number of any categories of members in good standing from a specific geographical area who could, in the opinion of the Council, operate as a viable branch subject to the provisions of section 9.1.1.

· 14.2 The Council may dissolve a regional branch at the request of the respective branch committee, or if after investigation the Council finds that the dissolution is in the best interests of the Association.

· 14.3 On the dissolution of a branch, the Council must assume all the responsibilities, assets and liabilities of the branch or may request that these be assumed by another branch.

· 14.4 A branch shall be empowered:

· 14.4.1 to draft its own constitution as per section 9.1.14. This shall take effect after its adoption by the members of the branch and after approval by the Council or the Executive in its place;

· 14.4.2 to elect a branch committee, responsible to the members in the branch, as stipulated in its own constitution, whose term of office shall run concurrently with that of the Council. These elections should not be held more than one year prior to the election of the Council;

· 14.4.3 to organise and hold a Regional Conference and Annual General Meeting of its members, other meetings and other activities on its own or in co-operation with other branches or organisations;

· 14.4.4 to control all the finances and assets of the Association within the geographical area of the branch, to collect membership fees as per section 6.3, to negotiate with provincial or local authorities or persons in the interests of the Association, or to investigate and report on specific issues on behalf of the Council or the Executive in its place;

· 14.4.5 to submit reports and resolutions to the Council and to the Annual General Meeting in terms of section 11.2.5.

· 14.4.6 to elect a Chairperson, responsible to the members of the branch, who shall serve as the branch representative on the Council in terms of section 7.7;

· 14.4.7 to receive a portion of each ordinary and institutional membership fee paid by members in the geographical region which it serves. This portion shall be determined by the Council as per section 6.3.

14.5 A branch committee shall approve or reject applications for membership as provided for in section 4.

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15. ASSOCIATE BODIES OF THE ASSOCIATION

· 15.1 Relevant bodies should apply to the Council in writing to become associate bodies.

· 15.2 It is not necessary that all associate bodies enjoy equal status with regard to the Association and they need not be subservient to the Association. The exact relationship should be spelt out in the clauses dealing with the Association.

16. AMENDMENT OF THE CONSTITUTION

· 16.1 If in the opinion of the Council, or the Executive in its place, a proposal is put forward to amend the constitution which does not deal with contentious matters on which the entire membership should be consulted, such a proposal may be put to the vote at an Annual General Meeting or Extraordinary General Meeting convened in terms of sections 11.2 and 11.3 and on condition that:

· 16.1.1 any resolution affecting such amendment is clearly motivated and reaches the Administrator/Secretary at least six weeks prior to an Annual General Meeting or Extraordinary General Meeting;

· 16.1.2 all members are notified at least four weeks prior to the Annual General Meeting or Extraordinary General Meeting at which it is to be considered;

· 16.1.3 such amendment be approved by at least two thirds of the members voting.

· 16.2 Notwithstanding the provisions in other sections and if in the opinion of the Council, or the Executive in its place, a proposal to amend the constitution is put forward which deals with contentious matters and is signed by at least 25 members in good standing, the Council or the Executive in its place, may conduct a postal vote among all categories of the broader membership. A Polling Officer and three scrutineers shall then be appointed to open and count the votes. In the event of at least two-thirds of the membership voting in favour of the proposal, the constitution shall be so amended and the membership informed thereof. Any proposals affecting such amendment shall be clearly motivated and voting papers drawn up in such a way that it is quite clear to any voter that:

· 16.2.1 the member votes for or against the proposed amendment;

· 16.2.2 the voting paper shall be returned to the Polling Officer on or before a specific date; and

· 16.2.3 in the event of these conditions not being complied with, the voting paper shall be deemed invalid.

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17. DISSOLUTION OF THE ASSOCIATION

· 17.1 A special meeting of the Council shall be called for this purpose. Notification of the venue and date thereof shall be sent by registered post by the Administrator/Secretary to every member of the Council not later than thirty days before such a special meeting.

· 17.2 Notwithstanding any other stipulation in this constitution, the Council members present at such a special meeting shall constitute a quorum. If this meeting is conducted by post, the number of voting papers returned by Council members before or on the thirtieth day after mailing the voting papers to them, shall constitute a quorum. A resolution to proceed with the dissolution of the Association shall be valid if passed by not less than two thirds of such a quorum.

· 17.3 Notification of such a decision to proceed with the dissolution of the Association shall be posted by the Administrator/Secretary to every member in good standing not later than fourteen days after the decision of the Council has been taken. This notification shall contain:

· 17.3.1 the exact wording of the decision taken by the Council;

· 17.3.2 a summary of the reasons for the decision taken by the Council;

· 17.3.3 a statement explaining the debts and liabilities of the Association as well as the assets and the value thereof;

· 17.3.4 alternative suggestions on how any assets which might remain after payment of all debts and liabilities shall be disposed of;

· 17.3.5 a voting paper drawn up in such a way that it is quite clear that the voter:

· 17.3.5.1 may vote for or against the dissolution of the Association;

· 17.3.5.2 may vote for or against the suggestions on how any remaining assets may be disposed of;

· 17.3.5.3 must return the voting paper to the Administrator/Secretary no later than thirty days after the date on which the notification of the decision taken by the Council was posted to each member in good standing;

· 17.3.5.4 will have his or her voting paper declared invalid in the event of any of the above stipulations not being complied with.

· 17.3.6 Notwithstanding any other stipulation in this constitution, the number of voting papers returned to the Administrator/Secretary before or on the date specified in section 17.3.5.3 shall be considered to represent a quorum of the voters and a resolution to dissolve the Association shall be valid only if passed by not less than two-thirds of the votes received. Any remaining assets of the Association shall be disposed of in such a manner as may be determined by a majority of the votes received.

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