THE SOUTHERN AFRICAN ASSOCIATION OF JUNGIAN ANALYSTS SAAJA
INTERPRETATION OF THIS DOCUMENT
Words and phrases defined in the Constitution will bear the same meanings herein;
1.1 “Association” means the Southern African Association of Jungian Analysts;
1.2 “Constitution” means the Constitution of the Association; and
1.3 “Members” mean the members of the Association.
A. ESTABLISHMENT AND PURPOSE
By this constitution is established the Southern African Association of Jungian Analysts (hereinafter the SAAJA or the association” which shall be a non-profit organization with the purpose of selecting and training individuals to become practitioners in analytical psychology accredited by the International Association for Analytical Psychology (IAAP).
B. AIMS AND OBJECTIVES
The aims and objectives of the SAAJA shall be:
1. The promotion of an understanding and application of analytical psychology.
2. The fostering of a responsible relationship between the association, other organizations and the larger society within Southern Africa.
3. Adherence to the policies:
a) That Jungian thought and intensive study in this approach be open to all individuals, subject to selection criteria determined by the governing body of the association.
b) That personal analysis be the core of the training programme, with emphasis on the freedom of individuals to develop their own particular styles of work.
4. Facilitation of collegiality, the furnishing of opportunities for continuing education and research, and the maintenance of professional standards and ethical conduct of its members.
1. The Association shall be a legal entity, existing in its own right separately from its members, able to acquire legal rights, able to own property and other possessions, to be subject to legal duties, and to be able to institute or defend legal proceedings.
2. The association shall be free to conduct and promote all endeavours consonant with the purpose of its establishment and its aims and objectives as set out above.
3. The Association will continue to exist despite a change in membership and office bearers.
D. COMMITTEES OF THE ASSOCIATION
The SAAJA shall have standing committees as described below (see sections 1-6) and such other committees as shall be necessary for the operation of the association shall be established from time to time.
All committees shall be elected annually at the professional meeting prior to the Annual General Meeting (AGM). Seconded nominations must reach SAAJA’s administrative officer in writing at least two weeks prior to the AGM.
1. Terms of office in the A & R, Curriculum and Ethics Committees, as well as office bearers in Exco shall not extend beyond 5 consecutive years. However, members can rotate between offices in Exco for more than 5 years. Longer participation is acceptable on the Library and Public Wing Committees.
2. The name of the Training Committee to be changed to the Curriculum Committee and to have at least 3 members.
3. No spouse, partner or immediate family member of a candidate in training is permitted to hold office on SAAJA’s EXCO or on the Assessment and Review, Curriculum and Ethics Committees”.
EXCO or on the Assessment and Review, Curriculum and Ethics Committees.
4. The election of a new member(s) to a committee maybe required during the year, when due to resignation or incapacity of an existing member(s), the committee can no longer function in terms of the number of members required by the constitution, or because in the opinion of the committee and professional body, the committee requires additional members because of an increased workload. This should be done at the next professional body meeting at which a quorum is present. For the same reasons, prior to a professional body meeting, members may be temporarily co-opted onto a committee. Both the need for co-option and the choice of the co-opted member will be decided by all the members of the committee including any members who might be resigning from the committee, in consultation with the president of the association. These co-opted members only serve on the committee until the next professional meeting at which a quorum is present, when an election of member(s) to the affected committee will take place if deemed necessary by the committee and professional body.
A member may take a brief leave of absence from a committee. In this case the member will be kept informed of the functioning of the committee, although not actively participating and will be involved in any decisions regarding co-opting members to the committee.
Section 1 – Executive Committee.
The Association shall be governed by its members through its elected officers, who shall include President, Vice-president, a Secretary, a Treasurer and one other member.
1. Duties of the Officers
a) The president shall administer matters pertaining to the entire Association, preside at meetings, be an ex-officio member of all committees, and serve as liaison with other groups.
b) The vice-president shall work closely with the president, preside over meetings and carry out other duties of the president in his/her absence, or by delegation.
c) The secretary shall record the minutes of the meetings of the Executive Committee and of the general membership, open and count absentee ballots, file any periodic reports, conduct the general correspondence of the Association and send out notices of meetings of the Executive Committee, and of required notices to all members.
d) The treasurer shall oversee the financial transactions of the Association including the collection of dues and fees.
In case of the president’s absence or inability to function, succession shall be in the order of vice-president, secretary, and treasurer.
a) The Executive Committee shall meet at such times and places as they themselves determine, or, in the absence of such determination, as may be designated by the president.
b) Decisions of the Executive Committee shall be by majority vote unless otherwise stated. Any officer unable to attend an Executive Committee meeting may authorize another member to act as his/her proxy. In case of a tied vote, the president may break the tie by casting a second vote.
Section 2 – Curriculum Committee
1. Membership: The Curriculum Committee shall consist of at least 3 members.
2. Function: The Curriculum Committee shall be responsible for-:
(a) The Training Programme for the candidates.
(b) Providing teaching in the form of consultations, workshops, seminars and supervision for other interested psychotherapists –
Section 3 – Candidates Assessment and Review Committee
1. Membership: The Candidates Assessment and Review Committee shall consist of at least three members and may include analysts from outside the Association as the need arises.
(a) To assess and select applicants for admission to the Training Programme.
(b) To review the progress of candidates in training, and subsequent readiness to apply for SAAJA membership.
Section 4 – Public Programme Committee
1) Membership: The Public Programme Committee shall consist of three members and two subscribers to the public programme. Other persons may be co-opted onto this Committee but will not have voting rights.
2) Function: To provide an ongoing programme of informal teaching to the general public, for example lectures, films, seminars and discussions.
Section 5 – Ethics and Professional Practices Committee
1. Membership: The Ethics Committee shall consist of at least three members. In electing this Committee gender balance shall be maintained as far as possible.
(a) To investigate ethical or professional complaints and any charges brought against a member of the Jungian community, and to establish if there has been a breach of the Code of Ethics. (see Appendix 1)
(b) To provide a hearing for the person against whom a complaint has been made, and to recommend what action be taken in terms of the procedures and actions detailed in Ethics and Grievance Committee Procedures (see Appendix 2)
(c) To be available to hear, advise and if necessary mediate difficulties a SAAJA member or members may encounter with regards to patients, supervisees, colleagues or matters pertaining to the organization.
Section 6 – Library Committee
1. Membership: The Library Committee shall consist of at least three members. Other persons may be co-opted onto this Committee but will not have voting rights.
2. Function: To provide and administer Library facilities.
Section 7 – Finance Committee
1. Membership: The Finance Committee shall consist of at least three members. The Chair of the Committee shall be the Treasurer.
2. Function: To assist the Executive Committee and the Treasurer in the management of all finances
as described in paragraph D (Section 1 – par. 1 (d)) and par E below.
1. Fees and Dues: The Management of finances from all sources of income, as well as all expenses will be the responsibility of the Executive Committee, upon recommendation by the Finance Committee. The amount of such dues will be set annually at a General Membership Meeting before the start of the new financial year on March 1, by resolution of the membership and upon recommendation of the Executive Committee. For the avoidance doubt, the financial year of the Association ends on 28 February each year.
A) The Association’s financial transactions shall be conducted by means of a banking account.
2. Disposition of the Assets of the Organization – No part of the net earnings or assets of the organisation shall inure to the benefit of any private individual.
3. A) Commercial Contracts with Third Parties:
(a) SAAJA will not contract with third parties orally. All contracts to be concluded with third parties must be reduced to writing.
(b) All contracts with third parties, where the value of the contract equals or exceeds R1500 (ONE THOUSAND FIVE HUNDRED RAND), must be signed by at least two members of EXCO.
(c) Contracts that are not signed by at least two of the aforesaid office bearers will be void, and shall not be binding on SAAJA.
(a) SAAJA shall not loan funds to any person or entity save where it is expressly agreed to do so in a meeting by an ordinary majority of members of the EXCO.
(b) In a case where the EXCO resolve to loan funds to any person or entity the terms of such loan shall be recorded in writing and signed by all members of EXCO and the person or entity receiving the loan.
4. The Association may not give any of its money or property to its Members or office bearers. The only time it can do this is when it pays for work that a Member or office bearer has done for the Association. The payment must be a reasonable amount for the work that has been done.
1. Application for membership is open to:
(a) Graduates of the SAAJA Training Programme.
(b) Members of the IAAP.
(c) Admission to membership shall be decided by an affirmative vote by a majority of members. All members will be required to abide by the SAAJA constitution and code of ethics.
(d) Professional members of SAAJA must at all times also be Members of the International Association of Jungian Psychologists (IAAP)
2. Special categories of membership:
(a) Life members:
From the year that any member turns seventy five, or any member who is permanently unable to practise as an analyst due to disability will become a Life member for the duration of that member’s life. The member will no longer be required to pay membership fees to SAAJA. The member will retain all the privileges of membership of SAAJA.
(b) Honorary members:
Any person deemed to have made a significant contribution to analytical psychology and/or to SAAJA may be proposed as an honorary member. The honorary member will not be required to pay any fees to SAAJA and will be entitled to all the privileges of membership except for voting rights and engaging in analysis or supervision of candidates.
(c) Associate members:
Any member of the public who subscribes to SAAJA’s Public Programme can become an associate member of SAAJA and receive a reduced entrance fee to all public programme lectures as well as receiving biannual copies of Mantis.
(d) Associate Professional members:
Any HPCSA registered mental health professional who is a member of an Associate Professional Members Group with whom SAAJA has specific formalised agreements in terms of membership criteria may become an Associate Professional member of SAAJA if they meet the requirements of the agreement in this regard.
G. TERMINATION OF MEMBERSHIP.
Membership in the SAAJA may be terminated:
1. Voluntarily. Any member in good standing may deliver his/her written resignation to the President of the Association.
2. For Non-Payment of Dues. Membership may be terminated for one or more years non-payment of dues four weeks after notification of the member in question by vote of the membership
3. For Cause. The membership of any member of the Association may be terminated on the recommendation of the Ethics and Professional Practices Committee.
Such a members right to a hearing are detailed in the Ethics and Grievance Committee Procedures see Appendix 2.
1(a) General Meetings of the Association shall be held at least every three months in accordance with decisions of the membership or at the request of the Executive Committee. Written notice of meetings shall be sent to all members at least two weeks before the meeting.
1(b) There shall be an AGM to deal with elections of office bearers, major business and financial matters.
1(c) Special General Meetings: any two members are empowered to call a Special General Meeting of the Association at any time.
1(d) Minutes are to be taken and kept at all meetings of the Association.
2. Voting and Quorum for General Issues
2(a) A quorum shall be defined as being constituted by attendance of at least 50% of the members of the Association resident in Cape Town, which will include proxy votes as described in Art. H(3)(2)(c) below, and shall be required for all binding decisions.
2(b) Unless otherwise stipulated in the Constitution, a simple majority vote shall suffice to carry a motion.
2(c) Provision for secret ballot and proxy votes shall be made. Any one member attending a meeting of the association may hold a maximum of two proxy votes for other members.
3. Voting and quorum on Exceptional Issues
Certain issues and motions shall be voted upon when specific conditions have been met.
1. Exceptional issues: These issues include the following and such others as may be added from time to time.
(a) Amendments to the Constitution.
(b) Application for membership to the Association.
(c) Termination of membership.
(d) Criteria for acceptance into the Training Programme.
(e) Dissolving of the Association.
(f) Election of Honorary members to the Association.
2. Procedure for forming a quorum and voting on exceptional issues:
(a) Written notice or the required committee report shall be given to the membership at
least two weeks before the meeting.
(b) Such a motion or recommendation shall require a majority vote of two-thirds of the membership present or represented by proxy at the meeting.
I. AMENDMENTS TO THE CONSTITUTION.
1. The Constitution can be changed by a resolution. The resolution has to be agreed upon and passed by not less than two thirds of the Members who are present in person or represented by proxy and entitled to vote at the special general meeting. Members must vote at this meeting to change the Constitution.
2. At least 50% of the members of the Association resident in Cape Town shall be present at a meeting (‘the quorum’) before a decision to change the Constitution is taken, which will include proxy votes as described in Art. I(5) below.
3. A written notice must go out not less than two weeks before the meeting at which the changes to the Constitution are going to be proposed. The notice must indicate the proposed changes to the Constitution that will be discussed at the meeting.
4. The proposal to amend the Constitution of the Association shall be signed by three members of the Association.
5. Provision for secret ballot and proxy votes shall be made. Any one member attending a meeting of the Association may hold a maximum of two proxy votes for other members.
1. Any member, officer, or employee of the Association shall be indemnified out of the funds of the Association against any liability incurred in his/her personal capacity in defending legal proceedings arising out of his/her involvement ex officio in the Association, and in which judgement is given in his/her favour or in which he/she is acquitted or granted relief.
2. The Association, its members, or any employee, while serving as consultants, supervisors or teachers in the promotion of the constituted aims and objectives of the Association, are indemnified against any legal action instituted against candidates of the training programme, as well as any action or proceedings against any person participating in any part of the Associations teaching, training, or informal public lectures and seminars or workshops.
K. DISSOLUTION OF THE ASSOCIATION
1. Notwithstanding anything to the contrary contained in this Constitution, the Association may be dissolved or wound up if not less than two thirds of the Members who are present in person or represented by proxy and entitled to vote at the special general meeting vote in favour of the dissolution or winding up of the Association.
2. At least 50% of the members of the Association resident in Cape Town shall be present at a meeting (‘the quorum’) before a decision is taken, which will include proxy votes as described in Art. K(3) below.
3. Provision for secret ballot and proxy votes shall be made. Any one member attending a meeting of the Association may hold a maximum of two proxy votes for other members.
4. In the event of dissolution or winding up of the Association, its assets after payment of or provision for its liabilities, shall be distributed to an educational or other charitable organisation as the officers of the Association may deem appropriate and consonant with the purpose of the Association.
CODE OF ETHICS
The spirit in which these ethical standards and procedures are formulated seeks to protect the best interests of analysands and analysts. In dealing with any alleged breach of ethics or grievance, every effort will be made to heal rather than to punish.
Analysands come to us in their vulnerability and place their trust in us. It is our responsibility, as Jungian analysts, not to repeat the traumas of the past but rather to provide a safe, protected space where those wounds can begin to be healed.
The analytic relationship is a human encounter of a particular kind, in which the symbolic contents can be held, experienced, and examined rather than acted upon and thus made concrete. Dealing in this symbolic way with deep material carries a strong regressive pull for both participants. Hence it is crucially important that the analyst keeps the boundaries of the container firm. For an analyst to take on a relationship to an analysand other than an analytic one violates the container and the very essence of the analytic process, and has the potential, ultimately for violating the analysand’s Self.
In the interest of maintaining an atmosphere that seeks to further the development of the analysand rather than to diminish or harm her/him, the following standards are adopted:
For the purposes of this Code of Ethics and the Ethics and Grievance Committee Procedures, the terms:
- Analyst – refers to analysts, training candidates and any psychotherapist affiliated with SAAJA.
- Analysand – refers to any person in analysis, psychotherapy or supervision.
- SAAJA – Southern African Association of Jungian Analysts.
- Jungian Community refers to all SAAJA members. Public Programme Committee members and staff and volunteers of the C.G. Jung Centre.
1. ANALYST/ANALYSAND RELATIONSHIPS
A. General Principle of Self-scrutiny
An analyst is ethically responsible for knowing the danger signals which indicate that s/he seriously is tempted to violate the container (for example, falling in love with an analysand) and to seek help either through professional advice or the Ethics Committee. The Ethics Committee, in turn, is responsible for operating not in a spirit of blame (either of the complainant or the complainee) but of prevention and helping so that the experience becomes ultimately constructive.
B. Sexual Relationships
Sexual intimacy with an analysand is unethical. Terminating a therapeutic relationship in order to have a sexual relationship with an analysand is also unethical. An analyst who feels impelled to these behaviours should seek consultation.
It can be argued that in many cases transferences and counter-transferences are never fully resolved. Thus the analytic relationship may endure for the life of the participants. This possibility should be considered whenever an analyst considers developing a sexual relationship with an ex-analysand.
An analyst shall not use physical violence against an analysand. In exceptional circumstances, however, it may be necessary to physically restrain an analysand. Verbal abuse of an analysand is unethical.
D. Dual Relationships
A dual relationship is one which exists both inside and outside the confines of the professional relationship, and as such may be subject to the conscious or unconscious exploitation of transference feelings. Thus a dual relationship with an analysand could raise serious ethical questions, and if found to involve exploitation could form the basis for a finding of unethical conduct.
Since after terminating transference/counter-transference feelings may continue to raise the possibility of unconscious exploitation, one should use discretion when social or professional situations bring one into contact with a former analysand, and one should exercise extraordinary care in allowing a personal or business relationship to develop with a former analysand.
The following are examples of dual relationships which should be approached with caution:
- Financial relationships other than as regards professional fees.
- Social relationships.
- Social relationships with family members of current analysands.
Violations of confidentiality are unethical. All identifiable analysand material is regarded as confidential, but may be shared with others only under one or more of the following circumstances:
- With adequate prior written consent of the analysand, and only within the scope of the consent.
- Careful attention to confidentiality must also be observed in the presentation of material at clinical seminars, in supervision sessions and in other professional discussions.
- When the law requires that confidentiality be breached (as in requirement to report child abuse, requirement to warn, by court order etc.)
It is unethical to continue to practice when seriously or persistently impaired by the use of alcohol or other substances, or when one has a physical or psychological illness which would significantly impair one’s ability to practice. It is incumbent on an impaired analyst to seek help.
G. Responsibilities to Analysands:
- An Analyst shall refrain from claiming to possess qualifications which s/he does not possess.
- If the analyst judges that medical advice, consultation or possible treatment is needed, s/he shall inform the analysand. If the analysand cannot implement this medical contact then the analyst must ask for her/his consent to contact a relevant doctor.
2. TEACHER/STUDENT, SUPERVISOR/SUPERVISEE, CONTROL ANALYST/CONTROL ANALYSAND RELATIONSHIPS.
A. It is unethical to engage in a sexual relationship with a current student, supervisee, or control analysand. It is misuse of power and a violation of trust for a person in greater authority to become sexually involved with someone s/he is to evaluate, grade, or promote.
Once the teaching/supervisory relationship is technically over, it cannot be assumed that all projections, transferences, and feelings about unequal power will automatically vanish, or that one’s responsibility as a teacher has ended. Pursuing a sexual relationship with an ex-student/supervisee/control analysand has to be held and evaluated in the light of these dynamics and responsibilities.
B. Any member of SAAJA offering supervision in psychotherapy must make clear whether s/he acts in a personal capacity, or on behalf of the organization.
3. RESPONSIBILITY IN REPORTING TO AND APPEARING BEFORE THE ETHICS COMMITTEE
A. Responsibility in addressing unprofessional conduct of a colleague.
When a member of the Jungian community is concerned about the apparent unprofessional behaviour of a colleague, s/he should first talk with the colleague to gain a clearer understanding; then try to persuade the colleague to stop the behaviour in question, and, if necessary, to seek consultation or further personal analysis. If the concerned member cannot do this directly and/or needs to maintain confidentiality, s/he can contact the Chair of Ethics and Grievance Committee. Whenever an analyst has clear evidence of a colleague’s misconduct, it is his/her responsibility to inform the Ethics and Grievance Committee, except in cases where patient confidentiality must be maintained. In the latter situation the patient may be given a copy of the Code of Ethics.
B. Responsibility to appear before the Ethics Committee
When an analyst, candidate or other psychotherapist affiliated with SAAJA is called on to respond to a complaint or a grievance in order to clarify a possible grievance or breach of ethics, refusal to meet with the Ethics and Grievance Committee and co-operate in good faith, could itself be the basis for a separate charge of unethical or unprofessional behaviour. And thus could be grounds for Committee actions, including recommendation of suspension or expulsion.
NB. This ethical code applies to offences committed after its adoption. It supplements but does not supplant the codes of the respective professional associations to which the individual members of this community belong. For complaints about possible violations that occurred before the adoption of the ethical code, the person about whom the complaint is made will be held to the standards then in force under her/his professional licence.