Constitution |
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ESTABLISHED. 1951
CONSTITUTION
AND
RULES
Preamble: Whereas bodybuilding clubs in the Cape Peninsula and vicinities had the desire to form an organisation to represent, co ordinate, control, regulate, promote, develop and manage their code of sport in this region of the Western Cape Province.
And whereas it is the desire of these clubs to require such an organisation to reject the use of sport-related drugs and legislate, implement and enforce rules to combat this scourge.
And whereas it is required that this organisation shall recognise, interact, affiliate and support the objectives of the South African Sports Commission.
Now therefore the Western Province Natural Bodybuilding Union is hereby constituted with such aims, objectives, powers and duties as set herein
Definitions Note 1: The term "Union" shall refer to the Western Province Natural Bodybuilding Union
Note 2: The term affiliate shall refer to all duly constituted bodybuilding clubs or gyms registered as a member of the union
Note 5: The term drugs or dope shall refer to all sport related chemical substances appearing on the banned substance list of the International Olympic Committees and the list of the South African Institute for Drug Free Sport. Note 6: The term “he” shall include “she”. Clause 1: NAME The name of the organisation herein Constituted shall be: The Western Province Natural Bodybuilding Union [hereafter referred to as "The Union"]. Clause 2: CHARACTER AND LEGAL PERSONALITY [2.1] The Union shall exist as a non profit organisation, to promote the sport of Bodybuilding, for the benefit of its members, and, to manage its administration. It shall consist of a union council Representing all affiliated clubs. [2.2] The Union shall have its own identity, separate from its members and shall be entitled to own property, movable or fixed, and to sue and be sued in its own name. [2.3] The Union shall, notwithstanding changes in its membership or management, have perpetual succession. [2.4] The liability of the management and, or, administrators of the Union for the debts of the Union shall be restricted only to outstanding fees owed to the Union by them. [2.5] Members who are not in good standing and those whose fees are in arrears shall have no claim or interest in the business, property or the finance of the union. Clause 3: INDEMNITY [3.1] Office bearers, members of the executive committee, employees or officials of the Union are indemnified by the Union against any costs, losses and expenses which may become liable during the discharge of their duties for the Union, unless such cost, losses or expenses are the result of dishonesty or bad faith. [3.2] Office bearers, members of the executive committee and officials of the Union are indemnified by the Union against any loss sustained due to legal proceedings instituted against the Union or its office bearers, officials, administrators or employees in their capacity as members of the union. [3.3] This indemnity does not extend to Office bearers, members of the executive committee, administrators, officials or employees in their private capacity for acts outside the official business of the Union. Clause 4: COLOURS [4.1] The colours of the Union shall be royal blue, red and white [4.2] The badge of the Union shall be a Bodybuilder holding a barbell in the front enclosed in a laurel of Proteas. [4.3] The tie of the Union shall be royal blue with the emblem of the badge thereon Clause 5: JURISDICTION The Union shall have jurisdiction over the area of its affiliated clubs Clause 6: AIMS AND OBJECTIVES The objectives, intents and purpose of the Union are: [6.1] To foster, promote, co ordinate, control , regulate , manage and develop the sport of bodybuilding in its area of jurisdiction. [6.2] To ensure that the sport becomes accessible to all through assisting and facilitating the formation of weight training facilities in all communities. [6.3] To seek and raise funds, funding and sponsorship for its administration, incentives and development programs. [6.4] To affiliate itself to the South African Natural Bodybuilding Association. [6.5] To promote and accredit bodybuilding championships held under its auspices [6.6] To implement and enforce drug testing at its championships, subject to the conditions of the South African Institute of Drug testing [6.7] To deal with discipline, disputes, abuses and appeals. [6.8] To train and accredit administrators, coaches, judges and trainers. [6.9] To recognise and support the objectives of the South African Sports Commission. Clause 7: MEMBERSHIP [7.1] The Union shall consist of duly constituted clubs and gyms [7.2] The Union shall also accept application from individual members who do not hold membership of duly constituted clubs or gyms [7.3] On application for membership all duly constituted clubs shall provide the union with a copy of their constitution, a list with details of its officials and members together with payment of affiliation and members registration fees applicable at the time. [7.4] All individual members who do not hold membership of duly constituted clubs or gyms shall on application pay 50% more than the members registration fee ruling at the time.
Clause 8: GOVERNANCE The governance of the union shall be vested in a council consisting of an elected executive committee and delegates representing each of the affiliated clubs and gyms. Clause 9: POWERS AND DUTIES OF THE UNION COUNCIL [UC] [9.1] The council of the Union shall have such powers as is required to effectively administer the aims and objectives of the Union and to see to the proper functioning of its administration. It shall also have the following functions: [9.2] To legislate and approve rules, Regulations and proposals Submitted by its members. [9.3] To ratify or reject the acquisition of movable and immovable assets for the Union. [9.4] To ensure that its management operates in accordance with its constitution and objectives. Clause 10: MANAGEMENT [10.1] The management of the Union shall be vested in an executive committee which shall be elected at an Annual General Meeting of the Union, and serve for a period of two years. [10.2] Only duly registered members of duly constituted clubs and gyms affiliated to the union may be nominated for executive committee post. [10.3] Individual members who do not hold membership of a duly constituted club may however, be co-opted by the Executive Committee to serve on the Executive Committee or sub committees in specific capacities. Clause 11 : THE EXECUTIVE COMMITTEE The executive committee of the union shall be elected at an Annual General Meeting and shall serve a term of two years, and shall consist of: [a] The Chairman [b] The Vice Chairman [c] The Secretary [d] The Treasurer [e] The Assistant Secretary [f] The Development Officer [g] The Chief Coach [h] The Chief Judge [i] The Championships and events Coordinator [j] Two Ordinary Members Any member may be re-elected at the end of their term of office.
Subject to the conditions of this constitution and the decisions of the Union Council, the Executive Committee shall exercise the powers of the Union and its Council in the furtherance of the aims and objectives of the policies and decisions made by the Union Council. Such powers and duties shall include but not be limited to: [12.1] Consider applications for affiliation and membership [12.2] Arrange championships, competitions and events. [12.3] The appointment of employees, agents and officials and to determine their salaries. [12.4] See that legal matters are attended to. [12.5] Co-opt selected members onto the Executive Committee [12.6] Appoint standing committees and delegate some of its powers to such Committees. [12.7] Ratify or reject the decisions of sub-committees. [12.8] Affiliate to, interact with and participate in all local, regional and provincial sport forums, governmental sports structures and departments and all relevant organisations. [12.9] Attend to all matters of discipline and or appeals and appoint from among its members a disciplinary committee. [12.10] Plan and set time frames for all Development projects. [12.11] Summon general Union Meetings, Special meetings, executive meetings and the Annual General Meeting. [12.12] Seek funds, funding and sponsorship for its projects and administration. [12.13] Attend to, coordinate and facilitate the development of the sport in the area of its jurisdiction. [12.14] Open and operate a banking account in the name of the Union. [12.15] Elect and appoint officials, managers, trainers and coaches as is required. [12.16] Sanction payments of expenses incurred by office bearers in the execution of their duties for the Union and to pay travelling and other expenses of Office-bearers and delegates representing the union at meetings and events. [12.17] Assist athletes and teams with the cost of representing the Union at local, Provincial, National and International events when funds are available to do so. [12.18] To select or appoint a committee to select a team of athletes and Administrators to participate in the National Championships of SANBA. [12.19] Attend to the day to day running of the Union and take such decisions on the management of the Union as long as it is in line with this constitution and the Union Council.
[13.1] The Chairman shall: [a] Be the leader of the Union and be accountable to his fellow office bearers and the Council of the Union. [b] Preside over all meetings [c] Direct the aims, objectives and activities of the Union according to its wishes. [d] Implement sound management principles which are in line with the aims and objectives of the Union. [e] Ensure that all office bearers on his Executive committee and other Officials perform their functions adequately [f] Together with the secretary represent the union at all meetings, functions, forums, structures and events [g] Together with the Secretary, attend to all press and media statements
[13.2] The Vice Chairman shall: [a] Assist the Chairman and carry out such functions and responsibilities entrusted to him /her by the Chairman. [b] In the absence of the Chairman assume his / her duties [13.3] The General Secretary shall: [a] Keep records of the minutes of all Meetings and see that they are distributed among the members. [b] Be the custodian of all records and Documents of the Union [c] Conduct all correspondence. [d] Arrange all meetings and see that all Office bearers, officials, and club Secretaries receive due notice of such meetings. [e] Convey the decisions of the Union to all unit secretaries, officials and members. [f] Prepare and submit an Annual report on the workings of the Union [g] In the absence of both the Chairman and Vice Chairman assume the function of chairman. [h] Keep a record of all achievements and awards [i] Keep a register of all clubs, their Executive committees and their members. [j] With the chairman represent the union at all meetings, forums, functions and events.
[a] Be the custodian of all the funds and Financial records of the Union [b] Receive all incoming monies and bank all funds [c] Pay all bills due and attend to expenses. [d] Operate the Union’s banking account and together with the Chairman and Secretary hold power of attorney to withdraw funds whenever so required for the furtherance of the business of the Union. Any two shall be empowered to sign for any transactions. [e] Keep records of all incoming and outgoing finances and submit a financial report at all general meetings. [f] Submit a duly audited annual financial statement and balanced sheet, together with an annual report and annual budget at every Annual General Meeting.
[13.5] The Assistant Secretary shall: [1] Assist the Secretary and carry out such responsibilities entrusted to him/ her by the Secretary. [2] Deputise for the Secretary when required. [3] Record, compile and distribute the Minutes of all meetings.
[a] Be responsible for the planning and implementation of the Union's development program. [b] Be the chairman of the development Committee of the Union [c] Be a member of the coaching committee [d] Submit regular and an annual report on the progress of development projects
[a] Be responsible for introducing sound training principals and nutrition to all athletes registered with the Union. [b] Transfer all information of the National coaching seminars to the Union’s athletes. [c] Be responsible for the planning and implementation of clinics and seminars. [d] Be the chairman of the coaching Committee of the Union
[a] Be the Chief Technical Officer and Chief Judge of the Union. [b] Provide the Union with a manual on the rules related to judging and Judging Principals. [c] Set and implement rules relating to the dress code, code of conduct and general rules for competitors and judges. [d] Nominate suitable candidates as learner judges . [e] Arrange for judges and learners to sit for examinations on judging principals and procedures. [f] Be the chairman of the regional judging panel. [g] Control and coordinate the judging panel. [h] Submit regular and an annual report on judging.
[a] Together with a championships and events coordinating committee see to all arrangements relating to Championships and events. [b] Report regularly on the progress of such championships or event to the Executive Meeting. [c] Be the chairman of the championships and events committee.
Clause 14: Fees: [14.1] The Council of the Union shall at the Annual General Meeting determine the fees payable by clubs and gyms, their members and that of individuals. [14.2] Each application for affiliation and or membership shall be accompanied by the fees ruling at the time of application. [14.3] Affiliation to the Union and member registration is renewable annually on or before 30 April of each year. [14.4] The fee for junior members shall be fifty percent cheaper than that of senior members. [14.5] Any club/ gym or member who falls in arrears with their fees shall cease to be a member of the Union and shall not be allowed to participate in the meetings, events or championships of the Union.
[15.1] The Union shall hold a general meeting every third month unless otherwise required. [15.2] Special meetings shall be held whenever the need arises.
[15.3] Executive Meetings shall be held monthly or as the need arises.
[15.4] Any club / gym who fails to attend three consecutive meetings shall be disciplined.
[15.5] Any Office Bearer or member of the Executive Committee who fails to attend three consecutive meetings without an apology, shall be relieved of the position held. The executive committee shall then elect a replacement from among themselves.
Clause 16 : Annual General Meeting
[16.1] The Union shall hold its Annual General Meeting on or before the first of November of each year.
[16.2] The elections for an Executive Committee shall be held every two years, an Annual General Meeting unless circumstances dictate otherwise, or if a vote of no confidence in the executive has been successfully adopted at a General Meeting.
[16.3] The Agenda for the Annual General Meeting shall include ;
[1] Reception of the credentials of all delegates
[2] Reading the notice convening the meeting
[3] The Minutes of the last General Meeting and matters arising
[4] Correspondence
[5] Chairman's report
[6] Secretary's report including reports from the following: [a] Development Officer [b] Coach [c] Chief judge [d] Championships coordinator
[7] Financial Report and budget for the new term.
[8] Review of the Constitution - due notice having been received.
[9] Appointment of Returning Officer
[10] Election of the Executive for the new term [which occurs every two years only]
[11] General Clause 17: Notice of Meetings
[17.1] The Secretary shall notify all affiliated clubs and gyms as well as all Office Bearers of all meetings.
[17.2] All general meetings shall require 21 days notice.
[17.3] The notice period for the Annual General Meeting shall be 21 days.
Clause 18 : Quorums
[18.1] A quorum of fifty one percent of all affiliated clubs and gyms and Executive Committee members is required for any General, Special and Annual General Meeting.
[18.2] Should there not be a quorum present to conduct a scheduled meeting then such meeting shall stand adjourned for two weeks. Should there not be a Quorum at the adjourned meeting, those present shall constitute a quorum.
Clause 19: Voting
[19.1] Voting at meetings, including the Annual General Meeting shall be by ballot.
[19.2] All affiliated clubs / gyms shall be represented at all General, Special or Annual General Meetings, two representatives shall have the right to vote.
[19.3] All executive committee members shall have one vote, except the chairman who shall have a deliberate vote, and a deciding vote in the event of a deadlock.
[19.4] Individual members may attend and participate in meetings but shall not be entitled to vote on any issue.
[19.5] Any club or gym who cannot attend a meeting may appoint a proxy to vote on its behalf, by informing the secretary in writing giving details of the member/s appointed.
[19.6] The vote of the bare majority shall bind the minority.
Clause 20: Discipline
[20.1] Any club/gym, member, official or member of the executive found guilty of misconduct, transgression of union rules, dishonesty, bringing disrepute to the Union or any other offence shall be disciplined.
[20.2] Any accusation of a breach of faith, misconduct, dishonesty, against any club/gym, member, or office bearer, shall be reported to the Executive .
The Executive Committee shall appoint the disciplinary committee to investigate and make recommendations. Such member, club/ gym, official or office bearer shall be suspended pending the findings of the disciplinary committee.
Clause 21: Forfeiture of Executive Post
[21.1] Any office bearer or member of the Executive Committee found guilty of any offence, or, misconduct deemed as serious shall lose the position held.
[21.2] Any office bearer or executive member failing to attend three consecutive meetings of the Union without a reasonable apology shall forfeit the position held.
[21.3] Any vacancy in the Executive Committee shall be filled by appointment of one of its members to fill the position. Such appointment shall be made by a majority vote of the Executive Committee members. This position shall be held by the appointee until the next Annual General Meeting when election of a new member to the post shall take place.
[21.4] Any member, official or club found guilty of misconduct may appeal to the South African Natural Bodybuilding Association via the Union provided that such appeal is made within fourteen days after receipt of the Union’s decision to the offence.
Clause 22: Motion of No Confidence
A motion of no confidence in the Executive Committee or any office bearer of the Union will only be accepted for discussion and consideration if presented in writing by two affiliated, paid up clubs at least fourteen days prior to a General Meeting.
Clause 23 standing committees
The Executive Committee of the Union shall appoint such standing committees as is required and delegate specific duties to them. These committees shall be, but not limited to:
[a] The Selection & Colours Committee [b] The Disciplinary Committee [c] The Development Committee [d] The Championships & Events Coordinating & Organising Committee [e] The Fund-raising Committee [f] The Judging Panel
Clause 24: Championships
[24.1] The Union shall arrange a maximum of four Regional Championships for its members annually: these Championships shall be: [1] The Western Province Development Championships [2] The Cape Peninsula Championships [3] The Western Cape Championships [4] The Cape Town Championships
[24.2] Only duly registered athletes who have qualified themselves by competing in at least one of any of the following Championships; Cape Peninsula,
[24.3] The selection committee shall select a team of athletes from the successful athletes who have competed in the Western Province Championships to represent the Union at the National Championships of the South African Natural Bodybuilding Association.
Clause 25: Drug Testing Procedures
[25.1] The Union shall be guided by the anti doping principles, rules and regulations of the South African Natural Bodybuilding Association.
[25.2] All athletes competing in the Championships of the Union shall be required to avail themselves for testing at the request of the Union or the Institute for Drug Free Sports on request. Failure to comply shall constitute an admission of guilt and is subject to discipline.
[25.3] An athlete who enters the drug testing station of the Institute for Drug Free Sports, may only leave the station once permission to leave is given by the testing officials, or, once the taking of samples have been done.
[25.4] Testing Officials of the Institute for Drug Free Sport shall have the right of access to any and all of the championships and athletes of the Union and its affiliates for testing purposes.
[25.5] The Union shall have the right to publish the names of athletes testing positive for any drug or banned substance.
Clause 26: Amendments To The Constitution
This constitution may only be amended, repealed or revised by a motion passed by a two thirds majority vote at an Annual General Meeting or a Council Meeting specifically called for such purpose.
Clause 27: Dissolution Clause
The Union may only be dissolved by a motion passed by a two thirds majority vote at a Council Meeting or Special Council Meeting called for such purpose.
Clause 28: Matters Not Included
Matters not included in this constitution shall be dealt with by the Union council
This revised constitution was accepted at the annual general meeting held at Beacon Valley Community Centre, Mitchells Plain on this 31st day of August 2003.
Chairman _____________________________________
Signature__________________________
Secretary ______________________________________
Signature__________________________
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