Bryanston
Sports Club
CONSTITUTION
Duly ratified in a Special General Meeting by club members
September 2008 (Click here for pdf Version)
(Club Bye laws pdf Version)
Name
The
name of the club is the “Bryanston Sports Club”
hereinafter referred to as “the Club”.
Colours
The colours of the Club shall be dark blue and grey with a “hoopoe
orange” line where desired to avoid drabness. The badge of the
Club shall be a Hoopoe.
Club Premises and Postal Address
The office and postal address of the Club shall be in Bryanston,
Gauteng in such place as the members of the Club may from time to
time decide.
The Club is situated in Bryanston, Gauteng off Grosvenor Road,
between the William Nicol Highway and Main Road.
Objectives
The Club is, and shall continue to be, a distinct and separate legal
entity and body corporate, with the power to acquire, to hold, and to
alienate property of every description whatsoever and with capacity
to acquire rights and incur obligations and having perpetual
succession. The objectives of the Club are:
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To promote and foster all branches of sports and pastimes,
inaugurate or promote sub-clubs, and to grant to any such sub-clubs
any benefits or privileges which may be requisite or necessary in
keeping with the demands of the Five Key Developmental Principles
being Transformation, Accessibility, Affordability, Maximum
Facility Utilization and Accountability .
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To provide facilities for such sports and pastimes and to lay out
and prepare such grounds for the purposes of the Club, and to
provide a Clubhouse, change rooms and other amenities as required
in order to ensure that facilities of the highest standard are
offered to residents of Bryanston and surrounding areas on the
basis of being affordable for all..
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To hold or arrange matches and competitions, and offer and grant or
contribute towards the provision of prizes, awards and distinctions whereby a competitive
spirit is developed and encouraged in a spirit of sportsmanship, camaraderie and enjoyment of all members and visitors.
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To hold, when deemed prudent, an Accolades Function for the Club
and the Sub-Clubs in order to pay tribute to members, nominated by
the members and chosen by the Club, who have attained special
achievements.
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To buy, sell and deal in all kinds of apparatus and all kinds of
provisions, liquid and solid, required by members and persons frequenting the Club grounds and to
assist in maintaining the facilities to a high standard as is
required by the Johannesburg Metropolitan Council.
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To purchase, take on lease or otherwise acquire any movable or
immovable property, which may be conveniently used in connection
with the purposes and objectives of the Club and in support of
issues as outlined in clause 4.5.
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To borrow and raise money in such manner as the Club shall think
fit, and in particular by means of subscriptions, mortgage bonds
and debentures, raised upon the whole or any part of the property,
assets and revenue of the Club, both present and future, and to
give and grant to the subscribers, mortgagees, debenture holders
and others, all such rights, benefits and privileges as are
required.
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To utilise its funds solely for the objects for which the Club was
established or for investment and in no circumstances to distribute
any of the Club’s profits or gains to any person. No profit
from the sale of liquor by the Club will accrue to any individual,
except under any written agreement approved by the Minister of
Justice or an authorised representative.
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To let out on hire for any purpose whatsoever the grounds or any
portion thereof, or any of the facilities erected thereon, and to
charge for admission to the grounds and premises.
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To teach or cause to be taught any branch of sport or pastime and
to identify opportunities. In surrounding areas where the club can offer financial support and
sports expertise to a community, school or other identified deserving
sports project on a sustainable basis and to provide on-going
coaching and sport clinics and free sports equipment in order for
disadvantaged individuals to take full advantage of the sporting
facilities offered. This clause being at all times subject to the
provisions of clause 16.15.10 of the constitution.
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To charge for admission to the grounds and premises.
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To fulfil all the usual objects of a social and sports club, and to
do all such things and carry out all such undertakings as may be
necessary for, or incidental to, such objects.
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Notwithstanding anything to the contrary in these objects, they
shall at all times be subject to the provisions of the lease
agreement with the Johannesburg Property Company and the Club shall
be run on the basis that sound management and financial principles
shall at all times apply. Continuous staff training facilities will
be provided to ensure continuity and growth and to maintain the
facility that will be perceived by residents, members, sportsmen
and women as the Best Affordable Sports and Recreation Facility in
the North.
Classes of Members and Fees
Members not residents of the Bryanston general area shall at no time
exceed 25% of the total membership. Entrance fees and subscriptions
save as may be provided for in this Constitution shall be as
determined by the members in general meeting from time to time,
provided that the subscriptions payable by ordinary members shall at
no time be less than the minimum subscription for such members
prescribed by the Liquor Act. There shall be nine classes of
members, defined as follows:
Ordinary members, being members who participate
actively in the Club, in any of the branches of sport provided by the
Club, or who assist in the administration of any of the sub-clubs.
Social members, being members who do not participate actively
at the Club in any of the branches of sport provided by the Club.
Country Members, being members who reside beyond a radius of
150 kilometres from the clubhouse for not less than nine months in
any one calendar year.
Student members, who shall be full-time students at a
recognised university, college or institution.
Junior members, who shall be full-time scholars at a
recognised primary or high school.
Temporary members, who shall be members resident outside a
radius of 250 kilometres from the clubhouse, provided that such
membership shall not be granted to any person for a longer period
than three months in any one calendar year. The Committee shall have
the power to confer temporary membership on such persons and on such
terms as they in their sole discretion may determine.
Honorary Temporary members, the Committee shall have the
power within the ambit of section 74(2)f of Liquor Act No. 30 of 1928
(as amended) to confer Honorary temporary membership on such persons
and subject to such terms and conditions and with such rights and
privileges as it may deem fit, always excepting the right to vote.
Honorary Life members; The Committee may bestow Honorary Life
membership of the Club on members who have been proposed with
acceptable written motivation, by a sub-club committee or in the case
of a non sporting sub club member, the Management Committee. Such
Honorary Life member or members shall be subject to the Constitution
and Rules of the Club, and shall be entitled to the privileges of
membership of the Club. At no time will Honorary Life members exceed
in number 2% (two percent) of the total membership of the Club.
5.2 Transfer of Membership
The Committee shall have the right of its own accord or upon
application to transfer a member from one class to another, save that
active ordinary members shall not be made weekday or non-prime time
members other than upon their own application. In effecting such
transfer, the Committee shall decide upon the entrance fee or
subscription, or further entrance fee or subscription (if any) to be
paid by such member.
5.3 Transfer to Country Membership
Any member of any class leaving the Bryanston area to reside beyond
a radius of 150 kilometers from the club house for a period of nine
months or longer may, in writing, signify their intention to this
effect to the Club, return their membership badge and/or card, and
request that their name be placed on the list of Country Members.
During the period of their absence, their name shall be placed on the
list of Country Members and the Committee shall be entitled to make
such ex gratia refund of subscriptions, as it may deem fit. Such
member on returning from temporary absence shall at once notify the
Club and shall thereupon become liable for their full subscription
for the current period, or such subscription as the Committee may
decide.
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Rights of Members
Membership shall not give to any member any right, title, interest,
claim or demand in or to any of the monies, property or assets of the
Club, but only confers upon such member the right and privilege of
entering in and upon the grounds and buildings of the Club, and of
using and enjoying the same in accordance with the rules decided upon
by the Committee of the Club, and subject to such reasonable
restrictions as the Committee may from time to time impose, and
subject to the Constitution, Rules, Regulations and Bye-Laws of the
Club and sub-clubs from time to time in force. The Committee may
charge an entrance fee or fees in respect of the grounds or buildings
of the club or any portions thereof, when the grounds or buildings of
the Club, or any portion or portions thereof, are used for
tournaments or for other special purposes or let out.
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Number of Members
The number of members of the Club and Sub-clubs shall not exceed such
number as the Committee may from time to time decide as being the
maximum desirable number having regard to the facilities available to
the Club and any of the sub-clubs from time to time.
Subs Pro-rata
The subscriptions of members, other than honorary temporary members,
and honorary life members who shall be exempt from paying
subscriptions, shall be payable annually in advance, on or before the
1sstday of July in each year. Anyone who becomes a member
during the course of the year, shall pay an amount for the remaining
portion of the year, calculated on a monthly basis. A receipt signed
on behalf of the Club by a duly authorised official or
representative, shall be sufficient discharge for any monies due to
the Club.
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Failure to pay
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If members fail to pay their subscriptions by due date, their name
may be placed on the notice board in the clubhouse. If the
subscription is not paid within 1 month of the due date, the
defaulters shall cease to be members of the Club. The Committee
may however, re-instate such defaulters on payment by the defaulter
of all monies owing, or on such other conditions as the Committee
may deem fit. Members shall not be entitled to any privileges of
the Club if their subscriptions are in arrears. Only members may
purchase refreshments from the Club.
Liability of Members
In the event of the Club being wound up, there shall be no liability
incurred by any members other than in respect of their unpaid
subscriptions and any other monies that they may be owing to the
Club.
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Election of Members
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Members of all sporting classes of membership shall be elected by
the respective sub clubs’ committee.
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Proposing Members
Any candidate for election as a member other than temporary, honorary
temporary or honorary life members, shall be proposed and seconded by
ordinary or honorary life members of the Club in writing on the
prescribed application form completed in full, which shall be posted
on the Club notice board for at least fourteen days prior to
consideration by the sub club committee. Members shall not propose
or second a candidate not personally known to them. In the case of
applications for social membership, the application is to be
processed via the club manager to the management committee for
approval.
The candidate once elected and approved by the Committee of the
sub-club concerned shall have access to the Club and sub-club
facilities.
Submitting Application
Candidates shall hand their completed application forms and the
amount of the subscription and entrance fee to the secretary of the
relevant sub club, and in the case of social members, to the club
manager. The fees shall be returned to them should they not be
elected.
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Rejected Applications
Rejected candidates shall not be entitled to seek election again
within six calendar months of the date of their rejection. If
however the rejection of candidates, is proved to have been under a
misapprehension or mistake as to identity, or owing to incorrect
information having been given, the Management Committee shall have
the power to reconsider the application forthwith.
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Cancellation of Election
Should a candidate who is ineligible for any reason whatsoever, be
inadvertently admitted as a member of any class of membership, the
Committee may cancel their membership, and return all or part of
their subscription and entrance fee to them, as its discretion. Under
no circumstances will the Committee or its members be liable for any
claim for damages, returned entrance fees or subscriptions.
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Application Form
The Committee may vary the form/s of proposal for membership from
time to time.
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Professionals
No professional member shall take part in any branch of sport from
which professionals are debarred. The term “Professional”
shall bear the meaning assigned to it by the national or other duly
appointed and authorised body controlling such sport.
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Bound by Constitution
The signed application for membership shall be an acknowledgement on
the part of candidates that they are bound by the Constitution and
Rules and Regulations of the club and sub-clubs and all bye-laws of
the Club and sub-clubs, as may be amended from time to time, and that
they accept the ruling of the Committee in all cases, and no person
shall be absolved from the effect of the Constitution and these
Rules, Regulations and Bye-laws on a plea of not having received a
copy of these documents.
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Use of Club Pending Membership
A candidate for membership shall have the privilege of making use of
the Club until the date of their acceptance provided that they:
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have submitted an application to the relevant committee for
membership and
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have been recommended for membership by the applicable sub-club
committee (except where the application is for social or weekday and
non prime time membership).
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Membership Cards
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On election as a member, the member shall be so notified and
advised that printed copies of the Constitution and Bye-laws of the
Club and Sub-Clubs are available at the Club for inspection. The
new member shall be sent a badge or card for the current period of
membership, which badge/card shall not be transferable.
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Produce Cards
Members must produce their badges/cards whenever called upon by an
official of the Club, or other authorised person, to do so. Refusal
or inability to produce their badge/card shall entitle the official
or duly authorised person, to deprive such member of the privileges
of membership for the time being.
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Voting
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All members with the exception of Junior, Temporary or Honorary
Temporary Members and Lunchtime Social Members, who are in good
standing with their subscriptions and other fees etc shall be
entitled to vote on any occasion (hereinafter referred to as
“voting members”).
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All proxy voting papers must be handed to the Main Club Secretary
in a sealed envelope and shall be retained by the Secretary for
handing to the scrutineers appointed in terms of section 16.10.
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Proxy votes will be valid only if the member giving the proxy vote
has complied with sub-sections 14.1 and 14.2 above and if the
member will be away from home on leave or on business or is
suffering from a serious illness on the date of the Club’s
Annual or Special General Meeting.
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Resignations and Failure to pay monies due.
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Resignations
Any members intending to resign their membership of the Club shall
notify such intention by letter to the Club prior to the date upon
which their next subscription becomes due, otherwise they shall be
liable for payment of the subscription for the following year.
Any refund of subscriptions shall be at the discretion of the
Committee.
Members who resign and who thereafter wish to have their membership
re-instated shall apply to the Club in the prescribed manner and the
Committee may reinstate such membership at its discretion and on such
conditions as it may deem fit.
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Failure to pay monies due
Should any member of any class fail to pay any sum of money due to
the club other than subscriptions within seven days after due notice
has been sent to them, the Committee shall have the right not only to
take legal proceedings against such member for the recovery of the
sum due, but also to suspend such member for such period as it may
deem fit, or otherwise deal with them in terms of paragraph 19.4.
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Committee
The entire management and control of the Club shall be vested in a
committee (“The Management Committee”) consisting of a
Chair, a Vice-Chair, a Secretary, a Treasurer and two voting
members of the Club, elected as hereinafter provided; together with
a representative from each of the Sub-Clubs who shall be appointed
by the committees of the Sub-Clubs concerned, provided, however,
that such representative shall not be a paid official of any
athletic or sporting body and provided, further, that in the event
of the inability of any such representative to attend any meeting
of the Committee their powers at such meeting shall be vested in an
alternate duly authorised thereto by the committee of the Sub-Club
concerned. The Management committee through the Chair may invite
any person it deems necessary to attend any meeting or part thereof
as is required to expedite proceedings.
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Only voting members shall be eligible for election or appointment
as representatives and alternate representatives of sub-clubs
provided that such voting member shall have been a member of the
Club or sub-club for not less than two years.
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Provision shall be made for the election of a President of the
Club, who shall have no vote but may attend meetings of the
Committee of the Club in an ex officio capacity.
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At every annual general meeting the President and all other elected
members of the Committee shall retire from office, but shall be
eligible for re-election without nomination should they elect to
continue in office in the service of the club and its members and
have indicated their acceptance accordingly.
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Nominations
No one unless they are retiring members of the Management Committee,
may be elected to the Management Committee unless they are voting
members who have been nominated in writing by two other voting
members and they have accepted their nomination in writing. In the
instance of nominations for the position of “Chair” and
“Vice Chair”, the nominee shall have had a minimum of 1
year of service on the Management Committee or on the committee of a
sub-club.
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Close of Nominations
All nominations shall be delivered to the Club office by 6 pm of the
day which is not less than eight days before the annual general
meeting and the names of the nominees together with the names of the
retiring members of the Committee shall be posted on the Club notice
board for at least seven days before the meeting.
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Election
If the number of members nominated does not exceed the number to be
elected, the members so nominated shall be declared elected by the
Chair at the annual meeting. The meeting will then only be required
to vote on the office which such elected members will occupy on the
Committee, commencing with the position of Chair and following with
Vice Chair, Secretary, Treasurer and voting members in that order,
provided that a member not elected to one office may be nominated at
the meeting and stand for each subsequent position on the Committee.
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Election by Ballot
If the number of nominations exceeds the number of officers to be
elected, the elections shall be by means of ballot papers which shall
be handed to every voting member at the annual general meeting and
voting will then follow the procedure outlined above insofar as
election to the various positions on the committee is concerned. The
proxy votes in sealed envelopes will be opened by the scrutineers
appointed in terms of clause 16.10 and will be included in the vote
provided that they comply with sub-sections 14.1, 14.2 and 14.3. Any
ballot paper on which the voter has cast more than the required
number of votes shall be invalid.
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Scrutineers
Scrutineers shall be appointed at the annual meeting by open
nomination and show of hands, and the scrutineers so appointed shall
declare the winner of the election for the Committee immediately the
count has been taken. Scrutineers shall number four and will be
nominated from the floor. One from each sub club namely Bowls,
Tennis, Squash and Social.
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No member whose subscriptions are in arrears shall be entitled to
attend any general meetings of the club, likewise any proxy from
any such member shall be invalid and shall not be included in any
vote.
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Co-option
A quorum shall be five Committee members. Vacancies occurring on the
Committee shall be filled by the Committee with all reasonable
promptitude, by co-option. Any members so co-opted by the Committee
shall hold office on the same terms as the member/s whom they
replaced.
The Chair or any three members of the Committee may call for a
Committee meeting to be convened on reasonable notice to the other
members of the Committee.
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Attendance
Any member of the Committee, with the exception of the President (if
appointed), who is absent from three consecutive meetings without
having obtained leave, shall ipso facto cease to be a member of the
Committee. In the case of a representative of a sub club the
Committee shall notify the secretary of the sub-club concerned of the
cessation of office. Should the sub club fail to elect a new
representative within one month of such notification, the Committee
shall have the right to appoint a representative of their choice from
such sub-club.
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Voting of Committee
Questions arising at any meeting of the Committee, except where
ballot is called for by the Chair, shall be decided by a majority of
a show of hands. The Chair shall have a casting vote.
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Minutes
The Committee shall keep minutes in the books provided for the
purpose. Such minutes shall reflect the names of the Committee
members present at each meeting and the resolutions and proceedings
of such meetings. Similarly all resolutions and proceedings of
general meetings of members shall be minuted in accordance with the
directions of the Committee. Any such minutes, or an extract
therefrom, signed by the Chair shall be prima facie evidence of the
matter stated in such minutes or extract.
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Powers of the Committee
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The Committee shall have full power and authority to do any act,
matter or thing which could or might be done by the Club,
excepting such specific matters regulated by this Constitution
and in addition without in any way limiting such powers and
authorities, due regard being had to clauses 4.7 and 4.8, the
Committee shall have the following special powers: -
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To acquire for the Club any movable or immovable property
calculated to benefit the Club, provided that such acquisition
shall not involve expenditure in excess of R 30 000 in respect of
any one project
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To sell, alienate or deal with the movable property or assets of
the Club as it shall deem expedient in the interests of the Club,
provide always that the sale or alienation contemplated above
shall be limited to a maximum amount of R 30 000.
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To dispose of and to deal with in any manner whatsoever, any
immovable property or real rights of any kind, and to borrow
against the security of the Club property, whether by mortgage,
pledge, cession or otherwise, such sums of money as may be
required by the Club for any purpose whatsoever, and further to
acquire any movable or immovable property, or to sell or alienate
any movable property. Should any sale, alienation, acquisition or
borrowing referred to herein, or should any other contracts or
transactions of whatsoever nature involve expenditure of more than
R 30 000 then the authority therefore shall be obtained from the
members at a general meeting called for that purpose.
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To appoint such attorneys, agents, officers, clerks and servants
for permanent, temporary or special services, as it may think fit,
and to invest them with such powers as it may think expedient, and
to determine their duties and fix, vary and pay their salaries or
emoluments (if any) and to require security in such instances and
to such amounts as it thinks fit, and to suspend or discharge any
such persons as it may decide.
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To institute, conduct, defend, compound or abandon any legal
proceedings by or against the Club, or its officers, or otherwise
concerning the affairs of the Club, and also to compound, and
allow time for payment or satisfaction of any debts due, and of
any claims or demands by or against the Club.
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To refer any claim or demand by or against the Club to
arbitration, and to perform or refuse to perform the award.
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To make and give receipts, releases and other discharges for
monies payable to the Club, and issue invoices for the claims and
demands of the Club, duly signed by a person authorised to act on
behalf of the Club.
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To open a banking account in the name of the Club, and to draw,
accept, endorse, make and execute bills of exchange, promissory
notes, cheques and other negotiable instruments connected with the
business of the Club. Such bills of exchange, cheques and other
negotiable instruments shall be signed by two members of the
Committee or other authorised officers of the Club. Internet
Banking is to become an intrinsic method relative to all financial
transaction of the club and will comply in terms of the financial
institutions security settings and those as applied by the club.
Two authorization codes will be applicable at all times and
operator codes will apply for office staff.
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The Committee shall have full powers and authority to cede any
development income it deems fit, to any of the following: A Trust,
A Company or an Association of Persons, and that the funds so
ceded to A Trust, A Company or an Association of Persons must be
used wholly and exclusively for the promotion and development of
amateur sport in South Africa in disadvantaged areas.
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To make, vary and repeal bye-laws for the regulation of the
affairs of the Club, its officers and servants, or members of the
Club, provided that such bye-laws do not conflict with the
Constitution of the Club. Immediately after any bye-law is made,
varied or repealed, a notice to that effect shall be posted and
maintained on the Club notice board for a period of 14 (fourteen)
days.
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To invest and deal with any monies of the Club not immediately
required for the purposes of the Club upon such securities and on
such terms as it may think fit, and from time to time to vary or
realise such investments.
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To grant consent to persons, who are not members, to use the
Club’s property, or enter the grounds or buildings used or
owned by the club, upon such terms as it may think fit, or to
refuse such consent at its discretion.
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To hold sporting tournaments, making any special arrangements
therefore, and to make and impose charges for entrance fees or
admission to the Club’s grounds against members or others on
such occasions, or to set aside the Club’s grounds, or any
part thereof, for a limited time for any special purposes
whatsoever.
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To enter into contracts with other bodies for the promotion of
sport and for any other purposes incidental to the Club’s
objects.
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To delegate to any sub-committee any of the authorities and powers
of the Committee.
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To fix the remuneration of the Club’s auditors.
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To establish and maintain pension or provident funds for the
benefit of officials, employees or ex-officials and ex-employees
of the Club, and to that end to make such capital and annual
contributions as it deems fit.
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To give and grant and withdraw reciprocal membership to such
members of such other visiting sporting clubs on such terms and
conditions as the Management Committee may determine.
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To co-opt one ordinary or honorary life member to its number.
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To vary the subscription payable by members provided that any
subscription so increased by the Committee shall not exceed the
corresponding subscription for the previous year by more than the
average rate of increase in the officially published C.P.I.
inflation percentages from time to time.
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Members of the Committee shall not be held personally liable for
any action consequent upon their fulfilling their duties as a
member of the Committee.
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Annual General Meeting
A general meeting of the members shall be held in the Club’s
premises once in every calendar year as soon as possible after the
end of the Club’s financial period (which is 30th
June) but not later than the 31st October in each year.
Not less than 14 (fourteen) days’ notice of such meeting shall
be given to members by posting it on the Club’s notice board.
The notice shall be accompanied by a copy of the audited accounts of
the Club and the Chair’s Report for the preceding financial
period.
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Annual General Meeting Notice
The business to be transacted at the annual general meeting shall be:
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To confirm the minutes of the previous general meeting.
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To receive and consider the report on the affairs of the Club and
the statement of accounts as at the previous 30th of
June.
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If so decided by the Members, to elect an Honorary President as
may be deemed desirable, from Members or others, for the ensuing
year.
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To elect the Committee members for the ensuing year.
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To appoint the Club’s auditors.
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To inform members of the bestowal of honorary life membership on
any member during the year under review.
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To consider any resolutions concerning the affairs of the Club, of
which due notice has been given, and any business concerning the
affairs of the Club which is brought under consideration by the
report of the Committee.
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Notice of Resolutions
Notice of any resolution to be proposed at the annual general
meeting, other than the ordinary business, must be lodged with the
secretary of the Club at least 7 days before the date fixed for such
meeting and shall be posted on the Club’s notice board at the
same time.
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Special General Meetings
The Committee may at any time call a special general meeting of
members by giving not less than 14 days notice, specifying the
agenda for the meeting. The Committee shall in like manner, call a
special general meeting upon receipt of a request signed by twenty
voting members of the Club specifying the agenda for such meeting.
No business or resolution other than that specified shall be
transacted at such meeting, but the Chair may bring forward any
business, which it considers urgently requires decision or action
by members.
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A G M Quorum and S G M Quorum
A quorum for the annual general meeting or a special general meeting
shall be 30 voting members, provided that if no quorum be present
within fifteen minutes after the time fixed for the meeting, in the
case of an annual general meeting or a special general meeting called
by the committee, the meeting be postponed to the same day and hour
in the following week, and at such postponed meeting the members
present shall be deemed to be a quorum for the transaction of all
business for that meeting. In the case of a special general meeting
called by requisition of members, if no quorum is present it shall be
definitely dissolved.
The Chair at all meetings of the Club shall be the Chair of the
Committee, or if absent the Vice-Chair, or failing this one of the
members of the Management Committee.
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Adjournment
The Chair of any general meeting may, with the consent of the
meeting, adjourn the meeting to another date and time, but no
business shall be transacted at any adjourned meeting other than the
business left unfinished at the adjourned meeting.
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Voting at A G M
Every question submitted to a general meeting, except where a ballot
is demanded by the majority of the members present, shall be decided
in the first instance by a show of hands, the chair having a casting
vote in the case of equality, and shall be conclusive. Should a
ballot be demanded as aforesaid, it shall be taken in such manner as
the Chair directs.
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Expulsion of Members
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Should any member of any class, in the opinion of the Committee:
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commit any breach of this Constitution or of the by-laws of the
Club or any sub-club;
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be guilty of improper, dishonest or un-sportsmanlike conduct;
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fail to make payment of monies due to the Club after due notice;
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be guilty of conduct in any way offensive to members or to the
Committee, or conduct unbecoming or prejudicial to the interests
and reputation of the Club, whether within the Club’s
precincts or outside them;
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introduce into the Club, any person, whose presence therein shall
be prejudicial to the interest or reputation of the Club;
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The Committee shall have the power:
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to expel such member or suspend such member on such terms as it
deems fit;
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to deprive such members of any or all of the rights, benefits and
advantages of their membership during such time or period as the
Committee in its absolute discretion deems fit and advisable;
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to call upon such members in writing to resign, and if they fail
to resign within seven days of the date of such request, to expel
such member;
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to call upon such members to appear before the Committee or any
duly appointed Sub-Committee to explain their conduct;
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to reprimand such members or to authorise any other member to
reprimand them;
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to cause a notice setting out the decision of the Committee to be
placed on the notice board of the club for such period as the
Committee may determine.
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The decision of the Committee shall be notified to such members by
posting a registered letter to their notified address and if
necessary by such other means as the Committee may determine.
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Appeal
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Members who have been expelled or suspended or otherwise dealt
with by the Committee shall have the right within 14 (fourteen)
days after the posting of notice thereof to their notified address
to appeal against the decision of the Committee to a special
general meeting of the members which shall be convened upon their
notifying in writing their desire to that effect to the Committee,
and depositing with the Club the sum of One Hundred Rand to cover
expenses which may be incurred in the convening and holding of
such meeting. Such deposit shall be returned to such member/s in
the event of their appeal proving successful. Should such appeal
fail and legal or other expenses be incurred, this cost shall be
for the account of the member.
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Any appeal as above shall not have the effect of suspending the
operation of the decision being appealed against.
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Junior Members
Junior Members shall be entitled to enjoy only such of the privileges
of the Club as the Committee may deem fit, always excepting the right
to vote.
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Notices
General club notices to members of all classes shall be duly given by
posting same on the Club’s notice board provided in the Club’s
premises and the posting thereof on that board shall be sufficient
notice thereof to each individual member. Each member of any class
shall be obliged to advise the Club of the address to which they
desire notices to be sent, and each member shall be entitled, from
time to time, to vary and alter such address. Special notices to
members or personal notices shall be considered to be properly
delivered by posting the same to such address.
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Club Status
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The Club shall:
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be a sporting body.
not be carried on for the purpose of gain.
have perpetual succession notwithstanding any change in the number
or identity of its members from time to time.
Be managed by a Committee appointed in terms of the Constitution by
its members
The income and assets of the club shall be applied towards the
promotion of the objects for which it is established.
No part of that income or those assets shall be paid, directly or
indirectly, by way of dividend, donation or otherwise, to the
members of the club.
All the movable and immovable property of the Club shall be vested
in the Management Committee. The Chair of the Club or, in his
absence, the Vice-Chair or such other member of the Committee as may
by resolution of the Committee be acting in the capacity of the
Chair, shall be in charge of the property in this respect.
The Chair shall stand possessed of the property of the Club, and
shall apply and dispose of the same for the benefit of the Club, in
such manner as the Committee shall, in conformity of the
Constitution, direct.
All actions of suits at law brought by or against the Club shall be
in the name of the Club and a duly appointed representative of the
Management Committee shall sign all powers of attorney and all
necessary documents.
In this regard, the liability of each member is limited to any
unpaid subscription that may be owing by that member.
The Club shall be entitled to sue or be sued in its own name.
The constitution of the club shall at all times be subject to the
laws of the Republic of South Africa.
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Partnership or Amalgamation
The Club may enter into partnership or amalgamate with any person or
club with the same or similar objects, or the property of the Club
may be sold and the Club wound up, or reconstructed by the resolution
of a majority of not less than two-thirds of the votes of the members
present at a special general meeting; provided, however, that not
less than thirty days special notice of the meeting to consider such
question of partnership, amalgamation, winding-up or reconstruction
shall be given and that such notice shall clearly set forth the
objects of the meeting; and provided further that not less than ten
percent (10%) of members eligible to vote shall be personally present
at any such meeting. But if at any meeting properly called as
aforesaid, the requisite number of members shall fail to attend, then
the meeting shall stand postponed to the same time and place in the
next following week, and special notice of this postponed meeting
shall be given by the manager, and at such postponed meeting any
members present shall be deemed to be a quorum, and shall have full
power to act. If the Club is wound-up or liquidated, all its assets
remaining after the satisfaction of its liabilities shall be given or
transferred to some other club, society or association having objects
similar to those of the Club.
Unless otherwise determined by a special general meeting the
Committee shall be the liquidator of the Club whenever it shall be
wound-up or reconstructed.
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Sub-Clubs
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With the approval of the Committee the members may associate
themselves together for the purpose of carrying on any particular
game, sport or pastime. Such associations shall be referred to as
“sub-clubs”. The constitution and by-laws of the
sub-clubs shall not be in conflict with this constitution, and
shall be subject to the approval of the Committee. The internal
control and management of each sub-club shall be vested in a
committee elected by the members of the sub-club.
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Membership of Sub-Clubs
Every member of the Club may upon application to the Committee,
subject to the approval of the sub-club and that of the Committee,
become a member of any of the sub-clubs without payment of any
entrance fee. When such membership of a sub-club has been granted the
Committee shall notify the secretary of the sub-club concerned.
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Dissolution of sub-club
Should the Committee consider that the active members of any sub-club
are not numerically sufficient, or that due interest is not being
shown in such sub-club by its members, then the Committee may
dissolve such sub-club, after giving the sub-club one month’s
notice of its intentions.
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Complaints
All complaints and suggestions shall be submitted to the manager of
the Club in writing.
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Amending Constitution
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This Constitution may be added to, varied, altered, amended or
modified by resolution of a majority of two-thirds of the votes of
the members present at a general or special general meeting, after
such proposed additions, variations, alterations amendments or
modifications shall have been posted on the Club’s notice
board for at least 14 (fourteen) days prior to such general or
special general meeting. The provisions of this paragraph shall
not be added to, varied, altered, amended or modified.
Approved additions, or amendments to the Constitution as aforesaid,
shall be posted forthwith on the Club’s notice board for a
period of 14 days.
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Interpretation of the Constitution
In case of doubt as to the meaning or interpretation of any aspect of
this Constitution, the Committee shall be the final arbiter, and its
decision shall be binding upon the members of the Club.
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Replacement of Previous Constitution
This Constitution shall replace any previous Constitution of the Club
and shall come into effect on the date of its acceptance by members
at a General or Special General Meeting.
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