THE NAME, AREA AND AFFILIATION
1.1 The name of the Union is the Boland Golf Union and under the jurisdiction and control of the Union shall comprise the geographical area of the West Coast District Municipality, the Overberg District Municipality and the Winelands Districts Municipality. The Union shall be affiliated to the South African Golf Association.
2.1 The Headquarters of the Union will be at Wellington or at such other place as the Union Executive may from time to time determine.
DEFINITIONSIn this constitution, unless the context shall otherwise require: - the;
3.1 EXECUTIVE: - shall mean the Executive Committee of the Union as hereinafter referred to, and members of the Executive Committee shall be referred to as the “Executive Members”;
3.2 PLAYERS: - shall mean the amateur golf players who are members of and handicapped at a golf club affiliated to the Union;
3.3 GOLF CLUB: shall mean and include a golf club, and a sorts club or country club having a golf section, which owns a golf course or has a permanent right to the use of a golf course;
3.4 MEMBERS: shall mean the Districts and Golf Clubs affiliated to the Union;
3.5 AREA OF JURISDICTION: shall mean the boundaries as defined by the South African Golf Association as per the Municipal Demarcation Board in conformance with the prescripts of the Municipal Demarcation Act of 1998;
3.6 DIRECTOR OF GOLF: shall mean the Director of Golf or acting Director of Golf for the time being of the Union (if and when appointed);
3.7 UNION: shall mean the Boland Golf Union as specified and recognised in clause 10 of the Constitution of the South African Golf Association.
3.8 SAGA shall mean the South African Golf Association
3.9 WGSA shall mean Women’s Golf South Africa
3.10 SADGA shall mean South African Disabled Golf Association
4.1 In case of doubt as to the meaning of any clause hereof the interpretation of the Executive shall be binding upon members until such time as the Union may otherwise determine at a General Meeting. Any decision made by the Union at a General Meeting under the provisions of this paragraph shall not affect the validity of any act done or omitted in terms of prior valid ruling given by the Executive.
4.2 The headings of the paragraphs in this constitution are for reference purposes only and shall not affect the interpretation of any of the provisions to which such headings relate.
JURISDICTION AND STATUS OF THE UNION
5.1 The Union is the controlling body of amateur golf in its Area of Jurisdiction and its purpose is to co-ordinate the activities of its members and to ensure the maintenance of the traditions of amateur golf in the area of Jurisdiction.
5.2 The Union shall be a body cororate having an existence independent of its members with eretual succession caable of suing or being sued in its own name.
5.3 All its assets shall be registered or held in the name of, or on behalf of the Union.
5.4 Members shall not be liable to meet the debts, engagements and liabilities of the Union and the liability of members shall be limited solely to the amounts due by them in resect of affiliation fees, levies or other monies ayable by them in terms of this Constitution.
OBJECTS OF THE UNIONThe objects of the Union are:
6.1 To promote, advance, encourage and foster the game of golf in the interest of the game and its members and their players;
6.2 To bring about and maintain close co-oeration between its members;
6.3 To guide and assist members in their administration and general Conduct of the game of golf;
6.4 To promote and encourage the holding of cometitions, chamionshis, tournaments and league matches on the golf courses of its members and to assist in the conduct and control thereof;
6.5 To formulate, control and regulate the conditions governing the laying of tournaments, chamionshis, and other events as it may from time to time organise or promote;
6.6 To arrange for articiation by players either as individuals or members of teams, in national tournaments, matches and events;
6.7 To do the rating of Golf course in its area of jurisdiction as per the rules and regulations of the South African Golf Association;
6.8 To assist members in the settlement of disutes and differences or in the interpretation of the Rules of Golf;
6.9 To aid, assist and generally promote the interest of its members;
6.10 To raise funds as it may deem fit and to administer such funds as herein provide, to make such payments from the funds as may be necessary to carry out the objects of the Union, including grants and loans to its members and payments to players either as individuals or as members of teams and/or officials reresenting the Union, at authorised tournaments, functions and events and to make donations or grants to aroved causes or ersons. The objects of the ublic benefit organization must be carried on in a non-rofit manner and with an altruistic or hilanthroic intent;
6.11 To ublish brochures, journals or ublications and conclude arrangements with other ersons to ublicise the activities of the Union and its members and to disseminate matters of interest to members and players;
6.12 To acquire by urchase, lease or otherwise, both movable and immovable roerty and to sell, disose of or otherwise deal with any of the roerty or the assets of the Union;
6.13 To invest any funds not immediately required by the Union in such a manner as may from time to time be decided;
6.14 To institute, conduct and defend any legal roceedings by or against the Union or its officers;
6.15 To formulate and rescribe rules of conduct and etiquette to be observed by players and to take such stes as may be necessary to ensure that these are observed;
6.16 To establish and co-oerate with other bodies and administer a fund for the develoment of golf among the disadvantaged sections of the community;
6.17 To generally further and safeguard the interest of the Union.
6.18 Members shall undertake to subscribe to the mission and objectives of the Union as set out in this Constitution;
6.19 To suort the South African Golf Association’s Central Handica Server for all amateur golfers. Any golfer who is not on the Central Server shall not have an official handica recognised by the Union;
6.20 To award Union Colours and awards to individuals in recognition of achievements in Golf (subject to regulations and conditions by government);
6.21 To ensure good cororate governance by its Members;
6.22 To promote junior golf, senior golf, women’s golf, disabled golf, student golf and any other golf grouings throughout the Union;
RULES OF GOLF AND AMATEUR STATUS
7.1 The Union accets and is bound by the Rules of Golf and the Rules of Amateur Status together with such amendments or additions thereto as may from time to time be adoted by the R&A Rules Limited together with the South African Golf Association, and the decisions which it may from time to time take on the interpretation of the Rules of Golf.
7.2 All cometitions shall be layed in accordance with such rules.
7.3 It shall be a condition of affiliation to this Union that all Affiliated Clubs accet, and are bound by, the Rules of Golf and the rules of amateur status as set out in the receding sub-clause.
7.4 Any club which is affiliated to the Union, which organises and/or holds any cometition, the conditions of which allows, or connives at, the use of its course for the holding of any cometition, which does not comly with the said Rules of Golf and the rules of amateur status, shall render itself liable to susension or forfeiture of its affiliation to the Union.
INCOME, ROERTIES AND MONIES
8.1 The income, roerty and monies of the Union from whatever source derived shall be alied and invested solely towards the romotion of the objects of the Union as set forth in this Constitution and no ortion thereof shall be aid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of rofit to any member.
8.2 Nothing herein contained shall however, revent the making of grants by the Union to a member for the purpose of carrying out its objects or furthering its interests or the ayment by the Union to any member or erson in resect of remuneration and/or exenses for services rendered to the Union.
RIGHTS AND RIVILEGES OF MEMBERS
9.1 All members shall be bound by this Constitution and the Constitution of the South African Golf Association.
Note: If a member is liquidated or under business rescue, the BGU will be treated as a referential creditor.
9.2 membership of the Union shall, subject to the provisions of this Constitution, entitle members to enjoy the rivileges and advantages of the Union including the rights of players to articiate in golf tournaments and events held under the aegis of the Union and its members and under the conditions governing the game.
9.2.1 articiation in Junior Golf shall be at Under 19 level (subject to the SAGA regulations for age grous)
9.2.2 articiation in Senior Golf shall commence once a golfer reaches the age of 50 (subject to the SAGA regulation)
9.2.3 articiation in Mid-Amateur Golf shall commence once a golfer reaches the age of 30 (subject to the SAGA regulations)
- Note: If a member is liquidated or under business rescue, the BGU will be treated as a referential creditor.
AFFILIATION FEES AND LEVIES AYABLE BY MEMBERS
10.1 Each member shall ay to the Union an annual fee and such further levies as may be rescribed from time to time at an Annual General Meeting of the Union or at a Special General Meeting of the Union called for this purpose, excet that the Executive Committee, may without the consent of an Annual General Meeting or Special Meeting, raise annual affiliation fees by no more than 10 % per annum from the revious year’s figure. Such affiliation fees shall take into account fees due by the Union to the South African Golf Association.
10.2 Liability for ayment of affiliation fees and levies, if and when rescribed, by members as accrued on 1st day of January and these shall be aid by not later than 28th February of the same year.
10.2.1 The affiliation fees of new players collected shall be aid over to the Union on a monthly basis.
10.3 The annual affiliation fee and any levies ayable by a member shall be based per cappita on the number of players belonging to and handicapped by the member.
10.4 When making ayment to the Union in terms of sub-clause 10.1 each member shall send to the BGU Office/Director of Golf the following articulars as at the 1st day of January – the number and class of membership (male, male senior and junior players).
10.5 No member ceasing its membership of the Union for whatever cause, shall be entitled to a refund of any amount, or ortion thereof, aid by it to the Union in terms of the a foregoing.
10.6 Members shall be resonsible to the Union for the ayment to it of the rescribed affiliation fees and such further levies due by their players. If a member has not aid the affiliation fees and levies, if any, due to the Union by the final date specified in sub-clause 10.2 and fails thereafter to ay the same within one month after the golf club has been called upon to do so, the golf club concerned shall cease to be affiliated to the Union and the South African Golf Association, until such time as the due affiliation fees, levies and interest have been aid by the golf club concerned.
RELINQUISHMENT OR TERMINATION OF MEMBERSHI
11.1 A member shall cease to be a member of the Union and to enjoy the rivileges thereof if it resigns, in writing, from the Union or, if its membership is withdrawn by the Union at a General Meeting.
11.2 If in the oinion of the Executive a member has conducted its affairs in an irregular or imroer manner, or has wilfully committed a breach of the provisions of this Constitution, or any of the terms and conditions upon which it was admitted to membership or has contravened any of the basic rules of golf in the conduct of its affairs or has disregarded or contravened any ruling issued by the Union in a General Meeting of the Executive, the Executive may after giving such member an oortunity to be heard, susend such member for such eriod as the Executive may deem fit or may terminate its membership of the Union, provide that the member concerned may within one week after receit of written notification of the decision of the Executive require the Executive to call a Special General Meeting to consider the said decision. The Union may at such Special General Meeting or any lawful adjournment thereof, confirm, vary or set aside the decision of the Executive. The decision of the Executive shall remain in full force and effect until it be varied or set aside by the Union as aforesaid.
REINSTATEMENT OF MEMBERSHI
The Executive may, upon receit of any alication in writing from a member whose membership has been terminated in terms of any of the foregoing sub-clauses, reinstate such member upon such terms and conditions as it may decide.
The affairs and activities of the Union shall be administered by the Executive Committee acting under the authority conveyed to it by this Constitution or by any mandate given to it by the members at a General Meeting.
EXECUTIVE COMMITTEE: COMOSITION OF
14.1 The Executive shall consist of
14.1.1 A resident, who shall be elected at the Annual General Meeting in each year, and who shall hold office until the conclusion of the next succeeding Annual General Meeting, but who shall (save in excetional circumstances) not hold office for more than two consecutive years;
14.1.2 A Vice-resident, who shall be elected at the Annual General Meeting and who shall hold office until the conclusion of the next Annual General Meeting.
14.1.3 The retiring resident and Vice-resident shall be eligible for re-election without nomination.
14.1.4 The Director of Golf of the Union (if and when appointed);
14.1.5 Five members, who shall be elected at the Annual General Meeting and who shall hold office until the conclusion of the next Annual General Meeting;
14.1.6 The Executive shall have the ower to appoint, in addition to the above, a maximum of four additional committee members who shall hold office until the conclusion of the next Annual General Meeting;
14.1.7 The members of the outgoing Executive shall be eligible for re-election each year without further nomination, but all other nominations shall be made in writing, and must be received by the BGU Office not later than the 1st February of each year. The BGU Office/Director of Golf shall before the relevant meeting, notify all members of the Union of the names of the candidates and the clubs to which they belong (members nominated must be in good standing with a club affiliated to the Union);
14.1.8 In all cases where nominations exceed vacancies a ballot shall be taken in such manner, as the resident shall determine;
14.1.9 In the absence of nominations, the ersons holding office at the time of any election shall be deemed to have been re-elected for the ensuing year, excet as provide for under clause 14.1.1 above. No member of the Executive shall be nominated or re-elected unless the erson has reviously agreed in writing to accet nomination and to serve if elected under the code of conduct, ethics and commitment document of the BGU;
14.2 Any member of the Executive who shall absent him/herself from two meetings (save in excetional circumstances) of the Executive without leave of absence having been granted shall be deemed to have forfeited his/her seat, and the vacancy so caused shall be deemed a casual vacancy.
14.3 (Bis) In order to provide for and ursue the develoment of golf in the Reublic of South Africa and elsewhere and to provide a broader basis of Group Representatives.
14.3.1 Two (2) ersons nominated in accordance with affirmative action rinciles shall serve on the Executive Committee who shall each have one (1) vote on the Executive Committee and at the Annual General Meeting.
14.3.2 The ersons so nominated must be members in good standing of their resective clubs which clubs must be affiliated to the Union. The ersons so nominated must have served for at least one year on the club’s committee and for the duration of that erson’s tenure as an Executive Member that erson must also be serving member on aforesaid Club committee.
HONORARY LIFE MEMBERS
Any former resident, Vice-resident or any former member of the Executive or any erson duly nominated by the Executive, may be elected by the Union at an Annual General Meeting as an honorary life member, in which event such erson shall hold office for life. Such erson can attend any General Meeting, Catains Meeting or Special General Meeting, but shall have no voting rights.
EXECUTIVE COMMITTEE: MEETING OF
16.1 The Executive shall meet regularly but at least once in every two calendar months. In addition to these meetings, the Management Committee (resident, Vice-resident, and two other, elected by the resident) shall meet in the alternate calendar months.
16.2 Further meetings of the Executive shall be held on the directions of the resident.
16.3 The BGU Office/Director of Golf shall, on the instruction of the resident, or on a written request of at least three members of the Executive, convene a Special meeting of the Executive. Such request shall state the purpose for which the special meeting is to be convened.
16.4 At least seven days’ notice of committee meetings shall be given to all members of the Executive;
16.5 At all meetings of the Executive the resident or, in his/her absence, the Vice-resident shall be the Chairman, but should both be absent, the members resent shall appoint a Chairman from amongst their number;
16.6 Each member of the Executive shall have one vote, and in the event of an equality of votes, the Chairman shall have a casting vote;
16.7 One half of the Executive shall constitute a quorum for the transaction of business;
16.8 The resident shall ex-officio be a member of all sub-committees.
16.9 Minutes shall be ket by a duly appointed erson of all Executive meetings and these minutes shall be sent to the Executive within 14 days after such meeting;
16.10 Voting at meetings shall be by show of hands unless a ballot is demanded by the majority of the Executive resent;
16.11 Review and Rescind procedure—see below clause 17.1;
EXECUTIVE COMMITTEE: OWERS OF
The Executive shall have ower to do all things necessary to carry out and promote the objects of the Union excet such matters as are required by this Constitution to be submitted to a General Meeting. Without limiting the owers and duties of the Executive and in addition to such owers as are conferred upon the Executive by this Constitution, the owers and duties of the Executive shall include the following: -
17.1 To adot, amend, review and rescind by-laws for the regulation and administration of the affairs of the Union and its members. A motion to review and rescind a decision shall require a two-thirds majority, such motion to be submitted to the office in writing 14 days before a meeting at which such motion is to be considered, and/or reviewed. A new counter- motion must accomany such a review. Once a motion to review and rescind is successful, a simle majority is required to ass such a motion.
17.2 To appoint, remove or susend the emloyees of the Union upon such terms and conditions as may be considered desirable;
17.3 To appoint such Committees and sub-committees from among its number, or otherwise, for such purposes and upon such terms as may be considered desirable and to delegate such owers thereto as may be necessary. Sub-committees appointed to erform a special task, will be given a written mandate from the Executive.
17.4 To summon, at any time a special General Meeting of the Union;
17.5 To receive and authorise the investment and the exenditure of monies in accordance with this Constitution;
17.6 To oen Banking accounts in the name of the Union and to resolve the manner of oeration of such accounts;
17.7 To deute and authorise officers of the Union to act on its behalf in the acquisition and alienation of roerty and to mortgage or use the same as security.
17.8 To select teams to represent the Union in golf matches or cometitions and to rescribe the rules of conduct to be observed by such players and officials;
17.9 To determine the manner in which Union colours shall be awarded to players and officials (subject to the rules and regulations by government from time to time):
17.10 To organise, promote and stage golf tournaments, chamionshis and cometitions, to rescribe rules for the right of entry therein and the conduct thereof and to endeavour in its discretion to arrange sonsors for tournaments staged by the Union. The course, upon which cometitions or matches are layed under the ausices of the Union, shall be under the absolute control of the Union;
17.11 To appoint for such purposes as the Executive Committee may deem fit, a sub-committee dealing with discilinary matters ("the discilinary committee") which shall consist of at least three members, at least a majority of whom shall be members of the Executive Committee other than the resident and Vice-resident.
This subcommittee shall have the following owers:
17.11.1 to convene a discilinary inquiry to inquire into the conduct of an Affiliate Club or a player;
17.11.2 to summon players or representatives of Affiliated Clubs to attend such inquiry;
17.11.3 to determine the rules of procedure for such inquiry, provide that such rules of procedure comly with the rules of natural justice;
17.11.4 to determine, by majority vote if the members are not unanimous, whether such conduct is :
a breach of the Rules of Golf; or
a breach of the rules of amateur status; or
a breach of the standards of etiquette required of golfers in general; or
conduct unbecoming of a golfer; or
conduct which could bring the Union or the game of golf into disreute, if the fact of such conduct became known; or
any combination of the above.
17.11.5 to imose one or more of the following sanctions:
a formal rerimand;
susension from laying in or attending at cometitions for a eriod of time;
removal from representative teams or from Union Office;
susension from selection for representative teams for a eriod of time;
any combination of the above whether in the alternative or otherwise.
17.11.6 Any erson summoned to aear before the discilinary committee shall be given written notice, advising him of any charge or allegation against him and he shall be given the oortunity of being heard ersonally in rely thereto. Such erson shall be entitled to legal representation at any discilinary hearing and to call witnesses on his behalf.
17.11.7 The discilinary committee shall not be bound to follow any form of judicial or quasi-judicial procedure or the rules of evidence during the hearing of any matter or in arriving at a conclusion as to the facts of the matter being heard.
17.11.8 Any erson who is found to be guilty of any of the offences set out in clause 17.11.4 above and is unished in terms of clause 17.11.5 above shall have the right to aeal against the finding of guilt and/or the unishment to a committee consisting of the resident, the Vice-resident and one other member of the Executive Committee, which member shall not have been a member of the discilinary committee which made the finding of guilt and/or which imosed the unishment. Such aeal shall be noted by the giving of written notice to the Union of such aeal within fourteen days after the handing down of the decision of the discilinary committee, unless the Executive Committee shall have granted an extension of such time eriod in which case they shall lay down the extended time limit.
17.12 To appoint any erson to represent the Union on any golf or other sorting body, which the Executive considers necessary or advantageous.
17.13 To nominate the Union’s representative on the Executive of the South African Golf Association.
The Management Committee of the Union shall form an Emergency Committee with ower to act in relation to any situation or matter which the resident certifies to be of an urgent nature. The resident shall be required to give due notice to other members of the Emergency Committee of the matter to be considered and of which he has noted to be of an urgent nature. Two members of the Emergency Committee shall constitute a quorum to act on behalf of the Union, subject to any action taken by such Committee being reorted to the next ensuing Executive Meeting of the Union and duly ratified. The owers hereby conferred shall relate to the necessity to act in relation to all urgent contracts, matters of a legal nature, agreements or legal rocess, but shall not emower the said Committee to take olicy decisions on behalf of the Union. The said Committee shall have owers of co-oting any erson to the said Committee for such purposes as required, but such erson shall have no vote.
FINANCIAL YEAR OF THE UNION
The financial year of the Union shall run from 1st day of January to the 31st day of December.
BOOKS OF ACCOUNT
20.1 The Executive Committee shall appoint a Committee (The Finance Committee) comrising of 3 (three) of its members, which shall have the resonsibility to oversee the controls, procedures and reorting of the financial functions of the Union. The Finance Committee shall ensure: all monies aid to the Union shall as soon as ossible after receit, be deosited in the name of the Union with a Bank or other financial institution as the Executive may decide that all payments from the Union accounts are duly authorised that roer and true accounts of all revenue and exenditure are ket and that a roerly verified account thereof and balance sheet as submitted to each Annual General Meeting.
20.2 The Accounts of the Union shall be audited/reviewed annually by a Registered ublic Accountant/ Auditor, who shall not be an Executive Member and who shall be appointed at the Annual General Meeting of the Union. In case of a vacancy occurring in the office of Accountant/Auditor during the year, the Executive shall forthwith appoint a Registered ublic Accountant / Auditor to fill the vacancy.
20.3 Books of account of the affairs of the Union shall be ket and such books, together with all other aers and documents connected with or relating to the business or the affairs of the Union, shall be ket by the BGU Office/Director of Golf and shall be at all times accessible to the Executive Members.
20.4 The Executive shall from time to time determine under what conditions or regulations the books of account and other documents of the Union shall be oen to insection.
PRERESENTATION AT ANNUAL GENERAL MEETINGS
Subject to sub-clause 25.7 the ersons entitled to be resent and to take art in the roceedings of Annual General Meetings, special General Meetings and the yearly Catains Meeting shall be:
21.1 The Executive Members;
21.2 The past residents of the Union (without voting rights);
21.3 Delegates shall be nominated by members as follows:
Each member shall have the number of delegates relative to the membership of the Golf Club returned to the Union at the ayment of Affiliation Fees of each year. Each delegate shall have one vote
1 to 150 members—1 delegate
151 to 300 members – 2 delegates
301 to 500 members—3 delegates
ANNUAL GENERAL MEETING OF THE ASSOCIATION
22.1 An Annual General Meeting of the Union shall be held each year during March.
22.2 The BGU Office/Director of Golf shall give at least 14 days preliminary notice of the date of the Annual General Meeting to the Executive, past residents and members.
22.3 Notice of any special business which the Executive or any member wishes to be considered at the Annual General Meeting shall be submitted in writing to the BGU Office by not later than the 1st February of each year;
22.4 Formal notice of the Annual General Meeting incorporating the Agenda for the meeting, any special business or resolution to be considered thereat, together with the Annual Reort of the Executive and the Balance Sheet and Income Statement for the revious year, shall be given to Executive, past residents and members at least 14 days before the date of the Annual General Meeting. Notices osted to the addresses and/or e-mail addresses of members shall be deemed to constitute effective notice in terms hereof. The accidental omission to furnish such notice to any member shall not invalidate such meeting;
22.5 Each member shall notify the BGU Office, in writing, 24 hours prior to the holding of the Annual General Meeting, of the names of its delegates who will attend and reresent it at the Annual General Meeting. It’s omission to do so will disentitle the delegates of the member concerned from voting at such meeting. No delegate may reresent more than one member.
ROCEDURE AT ANNUAL GENERAL MEETINGS
23.1 The resident or in his absence the Vice-resident, shall reside as Chairman at Annual General Meetings. In the absence of all the aforementioned, the ersons resent at such Meeting shall appoint one of its numbers to act as Chairman.
23.2 There shall be deemed to be a quorum at the Annual General Meeting and Catains Meeting if there are resent not less than 10(ten) member clubs duly qualified and exclusive of the Executive. If a quorum is not resent within half an hour of the time for which the meeting has been called, the Chairman shall declare the meeting stand adjourned to the following day at the same time and place and those ersons resent at such ostoned meeting shall constitute a quorum, irresective of the number resent, and may transact the business of the Annual General Meeting and Catains Meeting.
23.3 No business or resolution of which due notice has not been given shall be discussed at the Annual General Meeting provide that it shall be cometent for the Chairman, at his discretion, to allow any amendment of wording of any resolution to be moved notwithstanding that due notice has not been given of the intention to move such amendment.
23.4 A duly appointed erson shall take minutes of the roceedings of the Annual General Meeting and shall circularise these to the Executive, past residents and members as soon as ossible after the meeting.
23.5 Save as is otherwise provide by this Constitution, all resolutions ut to an Annual General Meeting shall be assed and shall be held as valid and effectual if carried by a majority of the Executive and delegates resent and entitled to vote at the Meeting.
23.6 The Chairerson shall have a deliberative as well as a casting vote and the Executive and delegates resent shall each have the votes rescribed. Voting shall be by show of hands unless a ballot is demanded by a majority of the ersons resent at the Meeting. (Voting by roxy shall not be allowed.)
23.7 Any member who has not aid its affiliations fees or levies as herein before provide by the date of the Annual General Meeting, Special General Meeting and Catains Meeting shall not be entitled to attend or vote at such Meetings.
THE BUSINESS TO BE CONDUCTED AT THE AGM
24.1 To confirm the minutes of the last Annual General Meeting and any Special General Meeting;
24.2 To consider and, if aroved, adot the Reort of the Executive on the affairs of the Union for the receding year;
24.3 To consider and, if aroved, adot the audited/reviewed Balance Sheet and Income Statement for the past financial year;
24.4 To elect the resident, Vice-resident and the Executive for the ensuing year;
24.5 To appoint an Auditor /Accountant for the ensuing year;
24.6 To consider any resolution of which due notice has been given as herein before provide (including affiliation fees);
24.7 To appoint Honorary Life Members of the Union;
24.8 To amend and alter the Constitution of the Union of which amendments or alterations due notice shall have been given:
24.9 To consider any further business of a general or cometent nature;
CLUB CATAINS MEETING:
The Annual Meeting of Club Catains shall be held during October of each year, at which meeting resolutions shall only be taken in resect of:
25.1 Business related to league matters will be dealt with during the yearly league meeting which will be held during Setember of each year. Notice of any changes in the league format which members have decided on during the league meeting, shall be given in writing to all the BGU Club catains not later than 14 days prior to the catains meeting.
25.2 Finalization of the fixture list for the ensuing year;
25.3 To consider and, if aroved, adot the budget for the ensuing year;
25.4 To consider the affiliation fees for the ensuing year, and if aroved by this meeting, shall be ratified by the Annual General Meeting of the Union.
SPECIAL GENERAL MEETINGS
26.1 The Executive may at any time convene a Special General Meeting of the Union and it shall do so if so requested in terms of sub-clause 11.2 or upon receiving a requisition to that effect signed by three members and stating the purpose of such Meeting.
26.2 upon receit of a directive from the Executive or a request as aforesaid the BGU Office/Director of Golf shall, subject to the provisions of the sub-clause 29.2 give 14 Days written notice to Executive, past residents and members, of the date, time and place of the roosed Meeting and the business to be transacted thereat.
26.3 No business shall be discussed at a Special General Meeting save the business for which the Meeting shall have been called.
26.4 At all Special General Meetings the provisions of clauses 23, 24 and 25 shall, mutatis mutandis, aly, provided, however, that if a quorum is not resent the Special General Meeting shall be deemed to be dissolved.
AMENDMENT OF CONSTITUTION
27.1 The Constitution shall not be reealed or amended excet by resolution assed at an Annual General Meeting or at a Special General Meeting called for that purpose, which resolution shall be assed by not less than two-thirds of the Executive and delegates resent. A coy of all amendments to the constitution must be submitted to the Commissioner for the South African Revenue Services.
27.2 Where a Special General Meeting is convened for the purpose of sub-clause 30.1 the provisions of clause 24 regarding notices of a meeting shall, mutatis mutandis, aly.
DISSOLUTION OF ASSOCIATION
28.1 The Union may not be dissolved, wound u or laced in liquidation, excet by a resolution assed at a Special General Meeting of the Union called for that secific purpose which resolution shall be assed by not less than two-thirds of the Executive and delegates resent at such meeting.
28.2 If at a Special General Meeting of the Union it is resolved that the Union be dissolved or wound u and laced in liquidation, a liquidator shall be appointed at that meeting. If after ayment of all debts and liabilities of the Union any roerty of whatsoever nature remain, the same shall be given to any similar ublic benefit organization which has been aroved in terms of section 30 of the act.
29.1 All notices to be given in terms hereof shall be in writing and signed by the BGU Office/Director of Golf.
29.2 Notices osted to the last known address or e-mail address of the ersons entitled to receive the same, shall be deemed to constitute effective notice.
29.3 The accidental omission to give notice to a erson entitled to receive the same or the non-receit of such notice shall not invalidate any meeting or roceedings to which such notice related or any decision taken thereat.
29.4 All roerty vesting in the Union shall be registered in the name of the Trustees for the time being of the Boland Golf Union and all documents necessary for signature and authentication shall be deemed to have been duly signed and authenticated on behalf of the Union, when signed by the signature of either the resident, Vice-resident or a member of the management committee/Director of Golf.
INTERPRETATION OF THIS CONSTITUTION
Any disutes arising out of or in connection with the enforceability of this constitution or the alication and interpretation of the provisions thereof or any disute between The Boland Golf Union and another national sorts federation, or between members of the Executive Committee or between the Executive Committee and members shall be referred to the Arbitration Foundation of South Africa for resolution through mediation or exedited arbitration in terms of the Rules and procedures for the Resolution of Disutes in Sort revailing at the time such disute is so referred. In the event of arbitration in terms of the foregoing, such resolutions shall be final and binding on the arties to the disute.
THIS CONSTITUTION HAS BEEN AROVED ON 20 MARCH 2018 AT THE ANNUAL GENERAL MEETING OF THE BOLAND GOLF UNION
CHARL DE VILLIERS
RESIDENT: BOLAND GOLF UNION
DATED: 20 MARCH 2018
- Legal status
- Definitions and Interpretation
- Qualification for membership
- Application for membership
- Affiliation fees
- Rights and privileges of members and golfing members
- Termination or suspension of membership
- The Executive Committee
- Nomination and election of Executive Committee members
- Election of President and Vice-President
- Meetings of the Executive Committee
- Termination of office of Executive Committee members
- Annual general meeting
- Proceedings at annual general meetings
- Special general meetings
- Quorum at general meetings
- Adjournment of general meetings
- Books of account
- Register of members
- Exclusion of liability and indemnity
- Amendments to the constitution
- Dispute Clause
The name of the Union is and shall be Cape Winelands Womens Golf. (CWWG).
The area of Cape Winelands Womens Golf shall comprise that part of the Western Cape as determined by Womens Golf South Africa (WGSA). The area is liided into 3 Municipality areas, Cape Winelands, Overberg and West Coast. CWWG consists of 3 Sub Unions – Cape Winelands Womens Golf; Overberg Womens Golf and West Coast Womens Golf.
The financial liability of each affiliated club as a member of Cape Winelands Womens Golf Golf shall be limited to the amount of its annual affiliation fees (and levies if applicable) due to the Union as determined under clause 13.
The Union is and shall continue to be a distinct and separate legal entity with the power to acquire, to hold and to alienate property of every description whatsoever and with the capacity to acquire rights and obligations having perpetual succession. The Union is and shall be a juristic person and can act and be acted against in its own name. The property and funds of the Union vest in the Union as a juristic person and no member of the Union shall be liable for the debts of the Union.
Definitions and Interpretation
In this Constitution, except in a context indicating that some other meaning is intended,
5.1 “affiliation fee” means an amount paid annually to the Union by the Member;
5.2 “game” means the game of golf as defined in the Rules of Golf;
5.3 “member” means and includes an Affiliated Golf Club, which has been admitted to membership of the Union in terms of the Constitution;
5.4 “golfing member” means a lady golf member of a Club affiliated to an Affiliated Union;
5.5 “Levy” means an additional non-recurring per capita payment which may be required by WGSA at any given time;
5.6 “Rules of Golf” means the rules of golf and the Rules of Amateur Status as approved by R&A Rules Limited and the USGA;
5.7 “Union” means Cape Winelands Womens Golf;
5.8 “WGSA” means Womens Golf South Africa;
5.9 expressions in the singular also denote the plural, and vice versa;
5.10 words and phrases denoting natural persons refer also to juristic persons, and vice versa; and
5.11 the headings shall not be treated as forming part of the Constitution, as such headings are for convenience of reference only.
5.12 In case of doubt as to the meaning of any paragraph hereof the interpretation of the Executive shall be binding upon Members, until such time as the Union may otherwise determine at an Annual General or Special General Meeting. Any decision made by the Union at an Annual General Meeting or a Special General Meeting, under the provisions of this paragraph, shall not affect the validity of any act done or omitted in terms of a prior valid ruling given by the Executive.
5.13 ‘Secretary’ shall mean the Secretary of the Union.
5.14 ‘CWWG’ means Cape Winelands Womens Golf.
The Union shall, in carrying out its objects and in all its activities and functions at all levels observe the principles that:
6.1 the game should be played, administered and promoted on a non-racial, non-political and democratic basis;
6.2 all persons, irrespective of race, colour, or creed, should have the right, in whatever capacity, to participate in the game and activities of the game; and
6.3 forbid any form of discrimination based on race, colour, or creed.
The main objects and powers of the Union are and shall be:
7.1 to administer, promote, foster and encourage the game;
7.2 to regulate Amateur Golf as defined by WGSA and the Rules of Golf;
7.3 to hold and arrange championships, provincial golf tournaments and any other events as may occur from time to time and to arrange for participation by golfing members at any of these events;
7.4 to arrange for, grant and contribute towards the provision of trophies, awards and distinctions;
7.5 upon such terms and conditions as the Union may deem fit, to purchase, sell, hire, let or otherwise acquire or dispose of or deal with any property, movable or immovable, which may be required for the purposes of, or be capable of being used in connection with, any of the objects of the Union, including, without limiting the objects and powers of the Union;
7.6 the erection, maintenance, improvement or alteration of any building, stands or structures considered by the Union to be necessary for fulfilling the objects of the Union;
7.7 to raise funds as it may deem fit, to administer such funds as herein provided, to make payments from such funds as may be necessary to carry out the objects of the Union, including grants and loans to its Members and payments to pplayers, either as inliiduals or as members of teams, and officials representing the Union at authorised championships, events and functions. It may also make donations to approved causes or persons;
7.8 to enter into such arrangements with appropriate authorities as the Union may deem conducive to its objects or any of them, and to obtain from such authorities any rights, privileges and concessions which the Union may deem advisable to obtain; and, whenever the Union deems it necessary, to apply to any authority to authorise the doing and performing of any object of the Union, or for any authority deemed necessary in connection therewith;
7.9 to publish brochures, journals or publications and to conclude arrangements with other persons in order to publicise the activities of the Union and its members and to disseminate matters of interest to members.
The assets, funds, profits and gains of the Union shall be utilised solely for investment or for the objects of the Union as set out in this Constitution. They shall, in no circumstances, be distributed to any person, except under the provisions of clause 7.
The Union shall be and remain affiliated to WGSA.
Membership shall consist of the following:
10.1 Every Golf Club (Ladies Section) within the area as defined in clause 2;
10.2 Every sporting club having a ladies golf section within the area as defined in clause 2;
10.3 Honorary life members.
Qualification for membership
11.1 Any club as defined in clause 10.1 & 10.2 who makes a written application to the Secretary to become a member of the Union and whose application is accepted by the Executive Committee shall be and become a member of the Union up and until such membership is finally ratified by voting of the majority of the members of the Union present at the Annual General Meeting.
11.2 An honorary life member shall be a person proposed by the Executive Committee or member and who has been so elected at an Annual General Meeting of the Union by reason of having rendered outstanding service for the betterment of the game of golf and to the Union.
Application for membership
12.1 Any club applying for membership shall be required to complete such membership application form as may be prescribed by the Executive Committee from time to time. The application shall in all respects comply with the provisions of this Constitution.
12.2 Applicants for membership shall be obliged to agree to be bound by this Constitution and the rules and regulations made in terms thereof.
12.3 The Executive Committee shall be entitled, but not obliged, to take into account any of the objections received from members to the acceptance of a member.
12.4 The rights, duties and privileges of membership shall only become effective after the payment of the relevant annual affiliation fee.
12.5 An applicant may withdraw or amend its application at any time before the meeting of the Executive Committee to consider same.
13.1 Each member shall pay to the Union an annual affiliation fee for each golfing member and such levies as may be prescribed from time to time. The Executive Committee shall give notice to all members of its intention to increase any annual affiliation fees by 31 August each year and such increase shall be effective on the date stipulated by the Executive Committee.
13.2 Annual affiliation fees and any levy shall be due and payable annually in advance by 31 March of each year.
Rights and privileges of members and golfing members
14.1 A member (excluding honorary life member) who has discharged all its duties in terms of this Constitution shall be entitled to speak and vote at a General Meeting of the Union subject to the provisions contained in clause 26.
14.2 A golfing member will be eligible to be elected as a member of the Executive Committee of the Union subject to the provisions contained in clauses 16 & 17.
14.3 Members will be entitled to all the rights and privileges derived from their membership of the Union.
14.4 Membership of the Union does and shall not give to any member any right, title, interest, claim, demand in or to any of the monies, properties or assets of the Union.
14.5 Any member who has been accepted as a member of the Union shall be bound by the Constitution, regulations and rules of the Union.
Termination or suspension of membership
15.1 A member may resign from the Union but must do so on written notice to the Secretary at least two months before the end of the calendar year. Such member shall not be entitled to a refund of any fees or amounts paid in respect of any period after the date of resignation. The resignation shall only have effect from the following year.
15.2 If a member should fail to pay any amount owing to the Union, whether for subscriptions, levies, goods or services supplied by the Union, or otherwise, howsoever arising, then its membership of the Union may be terminated by the Executive Committee on written notice to its last known address. The Executive Committee may in its discretion reinstate such member on the payment of all arrear amounts and upon such terms as the Executive Committee may decide.
15.3 No member who has not paid its affiliation fee by 31 March is allowed to remain a member while its affiliation fee is unpaid.
15.4 The Executive Committee shall have the power to take such steps (see clause 15.4.2) as it may deem fit against any member failing to comply with or contravening this Constitution, any of the regulations or rules of the Union, any resolutions adopted and rulings made by the Union or its Executive Committee, any contract entered into by the Union, any competition established by the Union, or the Rules of Golf; and in general, to take such steps against any member whose actions, or lack of action in its sole opinion are/is detrimental to the best interests of the Union and the game.
15.4.1 Notwithstanding anything to the contrary contained in this Constitution the Executive Committee may delegate its powers in terms of this paragraph to a committee, or tribunal, or an ad hoc committee established from time to time for a specific purpose and for a specific period of time, and may for this purpose issue regulations regarding any matter which shall or may be prescribed in terms of this paragraph, including procedure to be observed in the conduct of hearings, the right of appeal, and in general, with regard to any other matter which it deems necessary or expedient to prescribe in order to achieve or promote the objects of this paragraph.
15.4.2 The term “such steps” shall specifically include termination, suspension a reprimand and/or caution.
15.5 The Executive Committee may cause the name of any member/golfing member whose membership is terminated or who is suspended to be circulated to other affiliated members.
The Executive Committee
16.1 Members of the Executive Committee:
The members of the Executive Committee of the Union shall be:
16.1.1 The President;
16.1.2 The Vice-President;
16.1.3 Honorary Treasurer; and
16.1.4 5 Additional members all of whom have to be golfing members of an affiliated club within the area defined in clause 2. The Executive shall have the power to co-opt additional members to the Executive in order to comply with clause 16.1 for the advancement of women’s golf. A co-opted member’s term of office will expire at the AGM following her co-option to the Executive. At the AGM such co-opted member may be nominated and voted for by the Membership in terms of clause 17. A co-opted member will have the same voting rights as provided for in clause 19.
16.2 The position of Secretary, which does not have to be filled by a lady golfer, is a non-executive position with no voting rights.
16.3 Powers of the Executive Committee:
16.3.1 The management and control of the affairs of the Union shall vest in the Executive Committee which shall have full power and authority to do any act, matter or thing which could or might be done by the Union, excepting where such matters are in this Constitution specifically reserved to be dealt with by a Annual or Special General Meeting of members. The Executive Committee shall have the powers and authority required to achieve the objects of the Union. The Members may in an Annual or Special General meeting repeal, approve or amend any decision of the Executive Committee but no such decision of the Members shall invalidate any action taken by the Executive Committee in accordance with this Constitution.
16.3.2 Without in any way limiting such powers and authority the Executive Committee shall have the following further special powers:
126.96.36.199 to adopt, amend or rescind bye-laws for the regulation and administration of the affairs of the Union and its Members including rules providing for the procedures to be followed to exercise the powers provided for in clause 15.4 above; subject nevertheless to the provisions of the Constitution and to such regulations, bye-laws, rules, resolutions or decisions, not being inconsistent with the Constitution, as may be prescribed by the Union in an annual or special general meeting; no regulation, bye-law, rule, resolution or decision adopted by the Union in an annual or special general meeting shall invalidate any prior act of the Executive Committee which would have been valid if that regulation, bye-law, rule, resolution or decision had not been adopted;
188.8.131.52 to form or appoint sub-committees for special or general purposes and to delegate powers to such sub-committees and to delegate to any sub-committee or sub-committees all or any of the authorities conferred on the Executive Committee by this Constitution. The President shall ex officio be a member of each sub-committee.
184.108.40.206 to appoint members of any sub-committee including no more than two (2) persons who are not members of the Union, with such powers as may be conferred on it at the time of appointment or thereafter by the Executive Committee, to be subject in all respects to such rules or instructions as may from time to time be framed, given or approved by the Executive Committee;
220.127.116.11 to cause the Union’s books of account to be audited by a duly elected auditor who shall audit the books of the Union at such intervals as the Executive Committee may require and at least once in each financial year;
18.104.22.168 to establish and to obtain quotes regarding the charges of the Union’s auditor annually;
22.214.171.124 to issue rulings and interpretations on any matter submitted to it or falling within the jurisdiction of the Union;
126.96.36.199 to appoint, remove or suspend employees of the Union upon such terms and conditions as may be considered desirable; and subject to a resolution passed at an Annual General Meeting or at a Special General Meeting of the Union by a two-thirds affirmative vote of the delegates present (in person or by way of proxy) and entitled to vote after due notice has been given;
188.8.131.52 to invest, re-invest and deal with any moneys of the Union not immediately required for the purposes of the Union upon such securities and on such terms as it may think fit; and from time to time to vary or realise such investments;
184.108.40.206 to appoint and authorise officers of the Union to act on its behalf in the acquisition and alienation of property; to lease and/or purchase any immovable property for the benefit or advancement of the Union’s objects; and subject to a resolution passed at an Annual General Meeting or at a Special General Meeting of the Union by a two-thirds affirmative vote of the delegates present (in person or by way of proxy) and entitled to vote after due notice has been given;
220.127.116.11 to institute, conduct, defend, oppose, settle or abandon any legal proceedings by and against the Union, or its officers or otherwise concerning the affairs of the Union; and also to settle and allow time for payment in satisfaction of any debts due, and of any claims or demands by or against the Union;
18.104.22.168 to refer any claim or demand by or against the Union to arbitration;
22.214.171.124 to subscribe to or become a member of or affiliated to any other body having objects similar or in part similar to the objects of the Union;
Nomination and election of Executive Committee members
17.1 The members of the Executive Committee shall be elected annually at the Annual General Meeting of the Union. Each so elected member shall serve on the Executive for a period of two years and be eligible for re-election for a further period of one year. All such persons must be properly nominated as provided for in this clause. The Secretary shall request all affiliated clubs by notice, not later than six weeks before the Annual General Meeting, to forward nominations for the Executive Committee.
17.2 Nominations in writing of members to be elected as members of the Executive Committee shall be delivered to the Secretary of the Union at least twenty one (21) days before the date of the holding of the Annual General Meeting, at which the election is to take place, provided that the current members of the Executive Committee shall be eligible for re-election without nomination to their respective offices.
17.3 Candidates for the Executive for the ensuing year may be nominated by the Executive or any affiliated club subject to the consent of the nominee.
17.4 Nominations for membership of the Executive Committee shall be signed by the proposer and a seconder and shall be accompanied by acceptance in writing by the candidate.
17.5 No more than two members of a club with less than 40 golfing members will be eligible to serve on the executive, including the President, Vice-President and Honorary Treasurer, for any year at any time.
17.6 No more than three members of a club with golfing membership greater than 40 will be eligible to serve on the executive, including the President, Vice-President and Honorary Treasurer, for any year at any time.
17.7 If at the Annual General Meeting there are more nominations than vacancies for the respective positions, voting for the election of Executive Committee members shall be by way of ballot in the discretion of the President.
17.8 An Executive Member’s term of office will run for the period for which she was elected, starting at the AGM at which she is elected and concluding at the AGM of her final year of office.
Election of President and Vice-President
18.1 The President shall be nominated from within the current Executive or must have previously served on the Executive, by the members and/or the Executive and voted for at the Annual General Meeting should there be more than one nomination. In the event that none of the existing members of the Executive or a previous member of the Executive is willing to accept such nomination, nominations from outside of those categories will be accepted and voted for at the Annual General Meeting should there be more than one nomination. The need for such outside nomination must be reflected in the Notice of the Annual General Meeting sent to all Members in accordance with clause 21.
18.2 The Vice-President shall be nominated either from within the Executive or from within the affiliated membership and voted for at the Annual General Meeting should there be more than one nomination.
18.3 The President shall hold office for not more than two (2) consecutive years at the end of which period she shall retire but shall be eligible for re-election for a further period of one (1) year if properly nominated as provided for in clause 17.
Meetings of the Executive Committee
19.1 The President, or in her absence the Vice-President, shall act as the Chairperson of the Union and the Executive Committee.
19.2 Should both the President and Vice-President not be present at any meeting of the Executive Committee the Members thereof present shall elect a Chairperson from their number at that meeting.
19.3 The Executive Committee shall meet from time to time as required.
19.4 A majority of the members of the Executive Committee shall form a quorum at any meeting of the Committee.
19.5 Any decision by the Executive Committee shall be by majority vote by show of hands of the members present at the meeting.
19.6 Each person entitled to be present and to vote shall have one vote. The President shall have a casting vote additional to her deliberative vote. No voting by proxy shall be permitted.
19.7 The President shall cause for minutes to be kept of the names of the members of the Executive Committee present at any meeting together with minutes of all resolutions and all proceedings taken at such meeting. All such minutes shall be duly entered into books/files properly kept and provided for that purpose. Any such minutes or an extract thereof, signed by the Chairperson shall be prima facie evidence of the matters therein stated.
19.8 A resolution in writing, which is signed by all the members of the Executive Committee and inserted in the minute book of the Executive Committee, shall be as valid and effective as if passed at a meeting of the Executive Committee. Any such resolution may consist of several documents in the same form, each of which is signed by one or more of the members of the Executive Committee and shall be deemed (unless the contrary appears from the resolution) to have been passed on the date it was signed by the last member of the Executive Committee entitled to sign it.
Termination of office of Executive Committee members
20.1 An Executive Committee member shall cease to hold office as such if–
20.1.1 she resigns her office by notice in writing to the union;
20.1.2 she is or becomes of unsound mind;
20.1.3 she is convicted of an offence, which involves dishonesty;
20.1.4 she ceases to be a member of the Union.
20.2 In the event that an Executive Committee member ceases to hold office for any of the reasons stated in clause 20.1; a new member will be co-opted on to the Executive in the form and manner as provided for in clause 16.1
Annual general meeting
21.1 An Annual General Meeting of members of the Union shall be held in January of each year.
21.2 An Annual General Meeting shall be convened by the Secretary giving notice in writing to all members.
21.3 Notice of the date, time and place for the holding of the Annual General Meeting shall be posted by letter or e-mailed to each of the members of the Union at its registered address or e-mail address as appearing in the register of members at least 14 (fourteen) days before the date fixed for the holding of such meeting.
21.4 The omission to send by post or e-mail any such notice to any member shall not invalidate the holding of the meeting or the passing of any resolution thereat.
21.5 Notice of the terms of any resolution or motion to be proposed at an Annual General Meeting shall be lodged with the Secretary at least twenty-one (21) days before the date fixed for such meeting.
21.6 Notice of any proposed resolution adding to, rescinding or amending any part of this Constitution shall be given as provided in clause 30 below.
21.7 Each member shall notify the Secretary, in writing, at least two weeks prior to the date of the Annual General meeting of its intention to send a delegate or delegates who will attend and represent it at the Annual General Meeting. The omission to do so shall disentitle the delegate or delegates of the member from voting at such meeting.
Proceedings at annual general meetings
22.1 The ordinary business to be done at the Annual General Meeting shall be as follows:
22.1.1 Receive credentials submitted by delegates or their proxies;
22.1.2 Hear and confirm minutes of the preceding Annual General Meeting and any Special General Meeting/s;
22.1.3 Ratify applications from Clubs seeking membership;
22.1.4 Hear and adopt the President's annual report;
22.1.5 Hear and adopt the financial statements;
22.1.6 Select a venue for the following year's championship;
22.1.7 Consider motions to amend modify or amplify the Constitution;
22.1.8 Consider motions to amend modify or amplify the Rules and Regulations governing the competitions controlled by Boland Ladies Golf;
22.1.9 Consider other motions of which notice has been given;
22.1.10 Deal with correspondence and any other business;
22.1.11 Elect an Executive Committee consisting of a President, Vice-President, Honorary Treasurer and five additional members for the year.
22.2 The Chair at an Annual General Meeting shall be taken by the President of the Union or in her absence by the Vice-President. Should both be absent, the members shall elect a Chairperson for the meeting from among the other members of the Executive Committee present.
22.3 The Chairperson or any other person acting as Chairperson of the Annual General Meeting shall have a casting vote additional to her deliberate vote.
22.4 At the Annual General Meeting any decisions shall be taken by voting as provided in clause 26.
22.5 No business or resolution of which due notice has not been given shall be discussed at the Annual General Meeting provided that it shall be competent for the Chairperson, in her discretion, to allow any amendment of the wording of any resolution to be moved notwithstanding that due notice has not been given of the intention to move such amendment.
Special general meetings
23.1 The Executive Committee may at any time through the Secretary call a Special General Meeting upon receipt of a requisition submitted through the secretaries of at least three affiliated clubs. Not less than twenty (20) days’ notice in writing must be given to members.
23.2 The Secretary shall post to each member at her registered address or send by way of e-mail a copy of such notice specifying for what object or objects the meeting is called in terms of clause 23.1.
23.3 At a special general meeting no business shall be transacted other than that for which the meeting is called.
23.4 The omission to send by post or e-mail any such notice to any member shall not invalidate the holding of the meeting or the passing of any resolution thereat.
23.5 The Chair at a Special General Meeting shall be taken by the President of the Union or in her absence by the Vice-President. Should both be absent, the members shall elect a Chairperson for the meeting from among the other members of the Executive Committee present.
23.6 The Chairperson or any other person acting as Chairperson of the Special General Meeting shall have a casting vote additional to her deliberate vote.
23.7 At the Special General Meeting any decisions shall be taken by voting as provided in clause 26.
Quorum at general meetings
24.1 a Majority of the Executive together with delegates from five affiliated Clubs shall constitute a quorum provided that if no quorum be present within 30 (thirty) minutes after the time fixed for the meeting, it shall, in the case of an Annual General Meeting or a Special General Meeting called by the Executive Committee, be postponed to the same day and hour the following week and at such adjourned meeting the members present shall be deemed to be a quorum for the transaction of the business of the meeting.
24.2 In the case of a Special General Meeting called by a requisition of members, if no quorum (as stated in clause 24.1) is present upon the date fixed within 30 (thirty) minutes of the time fixed for the meeting, it shall be dissolved.
Adjournment of general meetings
The Chairperson of any General Meeting may, with the consent of the meeting decided by majority vote of members of the meeting, adjourn the meeting from place to place and from time to time. No business shall be transacted at any adjourned meeting other than that business left unfinished at the meeting from which the adjournment took place.
26.1 Every affiliated club shall be entitled to appoint 1 delegate to the Annual or Special General Meetings whom shall hold all of the votes of that affiliated club.
26.2 Votes shall be cast in accordance with the following arithmetical formula, based on the membership of the said affiliated club as at 31 October of that year:
26.2.1 100 / total golfing membership of Union (full members) = %vote
26.2.2 total golfing membership of club x % vote = votes (rounded off to nearest whole number)
26.2.3 Each affiliated club shall have a minimum of one (1) vote.
26.2.4 No delegate shall represent more than one affiliated club.
26.2.5 Each Executive Member,(including co-opted members) shall have one(1) vote.
26.2.6 Any affiliated club, unable to send a delegate to a General Meeting or an Executive Member who is unable to attend the General Meeting may vote by proxy. The affiliated club / Executive Member requesting proxy representation shall specify in writing its / her voting requirements.
26.3 Voting at the Annual or Special General Meeting shall be subject to the following:
26.3.1 Voting shall be by way of show of hands or by way of ballot at the discretion of the Chairperson.
26.3.2 The Chairperson or any other person acting as Chairperson shall have a casting vote additional to her deliberate vote.
26.3.3 Ballot may be demanded by a majority of those present and entitled to vote at the meeting.
26.3.4 Should any such ballot be demanded it shall be taken in such a manner and at such time and place as the Chairperson of the meeting may direct.
26.3.5 Save as is otherwise provided in this Constitution, all resolutions put to an Annual General Meeting shall be held to be valid and effectual if carried by a majority of votes cast by those present and entitled to vote.
Books of account
27.1 The Executive Committee shall cause proper books and records to be kept by the Honorary Treasurer in which a true and satisfactory account of all transactions shall be recorded. Any statements required shall be extracted and prepared therefrom and certified by the Chairperson and auditor.
27.2 All such accounts and records shall be audited annually. For the year 2018/2019, the financial year shall commence on 1 November 2018 and expire on 31 December 2019. The retiring Executive will be responsible for producing audited statements that must be available for scrutiny by clubs by 30th May of the following year. An interim statement shall be presented at the Annual General Meeting.
27.3 All moneys received must be deposited to the credit of the Union in its banking account or held as petty cash and all disbursements must be by petty cash, electronic transfer or cheque signed by any two of the three delegated signatories of the Executive Committee.
Register of members
The names and addresses of the Captain, Secretary and Match Secretary of every affiliated club must be forwarded to the Secretary of the Union immediately after each affiliated club’s annual general meeting.
Exclusion of liability and indemnity
29.1 Neither the Union, employees nor the members of the Executive Committee shall be responsible or may be held liable for any loss, damage or injury including consequential losses, suffered by or caused to any person or property anywhere on or about the Union’s property or premises, whether or not such loss, damage or injury is occasioned by any act or omission of the Union, employees or the members of the Executive Committee, or anyone else for whose actions they or any of them would be liable in law, or by reason of vis major, casus fortuitus, rain or water, riots, strikes, theft or burglary with or without forcible entry, or by reason of any condition on or off the grounds of the Union or any building structures, or any defective facilities of the Union or by any other cause of whatsoever nature and howsoever arising.
29.2 Each member of the Union shall, at all times, hold the Union, employees and the members of the Executive Committee indemnified against and harmless from and shall in no manner whatsoever seek to hold any of them liable for any injury, loss or damage suffered by such member of the Union as a result of personal injury or patrimonial loss arising directly or indirectly from the participation of any person in any match or practice or related activity or any other activity of the Union or any of the members of the Union whether or not such injury, loss or damage can be attributed directly or indirectly to negligence of whatsoever nature or degree on the part of the Union, and/or any of their officials, employees and/or agents.
Amendments to the constitution
30.1 The Constitution of the Union or any part thereof as contained herein shall not be rescinded, added to or amended, save by a resolution, adopted by a two thirds majority of the parties present and entitled to vote at an Annual or a Special General Meeting of members for which due and proper notice has been given.
30.2 Notice of the intention to rescind, add to or amend the Constitution, if required to be dealt with at an Annual General Meeting of the Union, shall be given, in writing, by the intending mover thereof, to the Secretary of the Union not later than twenty one (21) days prior to the date fixed for such meeting; and the Secretary shall give written notice of the intended amendment, rescission, addition or amendment to all its members at least fourteen (14) days prior to the date of the relevant meeting. If it is required that any such rescission, addition or amendment be dealt with at a Special General Meeting of the Union, written notice thereof must be given to the Secretary and the Secretary shall within ten (10) days of receipt of such notice, call a Special General Meeting of the Union by giving at least twenty (20) days’ notice thereof and of the intended rescission, addition, or amendment in writing, to all its members.
A copy of this Constitution and any rules or regulations and of any rescinding, addition or amendment thereto or new rule or regulation effected from time to time shall be available for the inspection of members upon application to the Secretary.
32.1 Cape Winelands Womens Golf may not be dissolved, wound-up, or placed in liquidation except at a Special General Meeting called for that purpose and accepted by a Resolution of two-thirds of the parties present and entitled to vote at such meeting.
32.2 If at a Special General Meeting it is resolved that Cape Winelands Womens Golf be dissolved, wound-up, or placed in liquidation, a liquidator shall be appointed at the Meeting. If after the payment of debts and liabilities of Cape Winelands Womens Golf any property of whatsoever nature remain, the same shall be given to some other Union or Association within the Republic of South Africa having objects similar to those of the Union.
Should any dispute arise which involves the Union, its officials, any clubs affiliated with the Union, and any officials, pplayers or members who are subjected to the rules of this Constitution, pertaining to any matter arising from the interpretation or implementation of the Constitution, or arising from the sports governed by this Constitution, then such dispute shall be referred to the Arbitration Forum of the Western Cape Provincial Government, to be dealt with in accordance with the Rules of that Forum.The provision of Arbitration Act of 1965 shall apply to such arbitration proceedings, save to an extent modified by the Arbitration Forum rules.
THIS CONSTITUTION REVISED AND UPDATED DECEMBER 2018