MYC SAILING & SPORTS CLUB
CONSTITUTION
(as revised at 2008 AGM)
1. NAME
The Club shall be called “MYC Sailing & Sports Club” (MS&SC) (hereinafter referred to as “the Club”).
2. OBJECTIVES
The overarching Objective of the Club is to encourage the participation and enjoyment by its Members in Sports making use of the waters and environs of Ebenezer Dam. Such Sports are those which primarily rely on the natural inputs of wind and human effort and not on mechanical or electrical power or propulsion. Included are:- Yachting, Sailing, Boardsailing, Canoeing, Rowing and endurance/distance Swimming (together with endurance/distance Running and Cycling where these combine in Modern Triathlon or similar activities).
3. MEMBERSHIP
3.1 Applications for Membership, from persons who are keen and interested in any of the sports listed in the Objectives above, shall be in writing in a form approved by the Committee. Submitted applications will be considered at the next Committee Meeting after their receipt. The decision of the Committee shall be final.
3.2 Membership shall be in the form of a “Unit” consisting of at least one individual over the age of 18 years. Named Persons of the immediate family who normally (but only for so long as they) reside in the same dwelling may also belong to the Unit. With an exception for bona fide students away from home and not older than 25 years of age, those who move their residence will no longer be eligible to belong to the Unit. Such persons may apply for Membership in their own right without the need to pay the Entrance Fee, provided they apply before turning 25 years of age.
3.3 Each Unit shall have one individual, over the age of 18 years, designated as “Member” for the purposes of this Constitution and who shall be entitled to one vote.
3.4 Junior Members over the age of 15 years may be approved on special application to the Committee. Such Members shall not have voting rights.
3.5 Each Unit shall nominate the Sport Section under which it will exercise its membership, i.e. Sailing, Canoeing etc.
4. FINANCIAL YEAR
4.1 The Financial Year of the Club shall end on the 31st of March each year.
4.2 The audited Annual Financial Statements of the Club shall be submitted to Members annually by the date of the Annual General Meeting, or the 30th June, whichever is the earlier.
5. SUBSCRIPTIONS & FEES
5.1 Subscriptions shall become due and payable on the 1st of July annually. For new Members the Subscription and “once off” Entrance Fee are due and payable on acceptance of the Membership application by the Committee. For Members newly joining after the 1st of January, the Subscription, until the 1st of July renewal, shall be one half of the annual Subscription.
5.2 At the discretion of the Committee, subscription renewal invoices may also include levies imposed by the Lepelle Northern Water and other fees for SA Sailing and/or other appropriate national or Provincial Sports bodies.
6. TERMINATION OF MEMBERSHIP
Termination of Membership shall take place:-
6.1 On resignation of the Member.
6.2 If the annual Subscription and/or other levies or fees remain unpaid by the 30th September in respect of the current year.
6.3 If the Committee decides that any Member (or Named Person) by his conduct renders the continuance of membership undesirable, it shall issue a written request to the Member (or Named Person) to resign within 14 days. After 14 days the Committee may expel the Member (or Named Person).
A Member who loses Membership under this rule may appeal to the Committee.
The appeal shall be lodged with the secretary within 21 days of the Committee’s written request for the resignation.
The appeal shall be heard within 28 days of receipt of such notice.
The hearing shall be given at a specifically appointed Committee Meeting, whose sole purpose shall be to give the appellant member a fair and just opportunity to state his or her case and for the Committee to consider any submissions by any other member(s) on the subject under consideration.
The Committee shall reach a decision within 24 hours of the appeal meeting, which decision shall be final.
6.4 In respect of this clause, “Membership” shall incorporate the Unit totally and severally as described in Clause 3.2 above.
7. COMMITTEE
7.1 The Committee shall consist of at least 8 Members of the Club and shall be responsible for the management of the affairs of the Club.
8. ELECTION OF THE COMMITTEE
8.1 The Committee shall be elected annually at the A.G.M. and all nominations are to be submitted in writing, duly signed by the Nominee and the Proposer and Seconder, to the Secretary at least 10 days before the A.G. M.
8.2 To be nominated as Chairman, a Member must have belonged to the Club for a minimum of 3 years.
8.3 If nominations exceed the number of vacancies, then a secret ballot shall be held.
8.4 The following appointments shall be made and approved by the Members at the A.G.M.:- Chairman, vice-Chairman, Treasurer and Secretary. With effect from the date of adoption of this Constitution, no Member may serve longer than 3 consecutive years in one of these Designated Appointments. The remaining 4 (or more) Members shall have portfolios/duties allocated at the first meeting of the Committee for the ensuing year.
8.5 The positions of Chairman and vice-Chairman may also be known as Commodore and vice-Commodore for the ensuing year, if deemed appropriate by a majority of Members at the A.G.M.
9. POWERS OF THE COMMITTEE
The Committee shall have powers to generally manage the affairs of the Club, including, but not in any way restricting its general powers, the following powers to:-
9.1 Determine admission to and termination of membership.
9.2 Open banking and savings and investment accounts in any of the 4 recognized major commercial banks. Invest the funds of the Club in the accounts and change, cancel, add to or vary such investments and appoint relevant signatories.
9.3 Appoint the auditors for each Financial Year.
9.4 Co-opt Members to fill vacancies on the Committee and to carry out specific tasks at the request of the Committee.
9.5 Appoint sub-committees and determine their terms of reference.
9.6 Convene meetings.
9.7 Acquire, dispense, hold the custody and control of the funds and other movable property and assets of the Club and to enter into a lease on behalf of the Club.
9.8 Draw up, add to, or amend the Rules & Bye-Laws of the Club.
9.9 Arrange, as and when necessary, for the drawing up and approval of Standard Operating Procedures for the various sports sub-groups of the Club. Such procedures shall be in line with, and subject to, the provisions of this Constitution.
10. DUTIES OF THE COMMITTEE
10.1 Meet when necessary, but not less than 6 times per annum at intervals not exceeding 10 weeks. Record the proceedings of all meetings in the form of written minutes, which are to be signed by the Chairman, after approval, at the next meeting.
10.2 Manage the affairs of the Club and take any action which it considers in the interests of the Club and within its Objectives, provided that such acts are not required to be done at a General Meeting.
10.3 Revisit the Rules & Bye-Laws at least twice during each year to review, amend and/or add/delete items on a basis of need and desirability.
10.4 Recommend the subscription rate(s), entrance fees and other levies and charges for the following year. Such recommendations shall require approval by a simple majority at the A.G.M.
10.5 The quorum at Committee Meetings shall be 4 Members of which not less than two shall be from the Designated Appointments.
10.6 If any Member of the Committee is absent from 3 consecutive meetings, without prior permission of the Committee, or is unable to attend at least 50 % of the meetings scheduled for the year, he shall forfeit his seat on the Committee.
11. GENERAL MEETINGS
11.1 The Annual General Meeting of the Club shall be held not later that the 30th day of June annually. Notice of the A.G.M. and the agenda shall be posted to Members at least 28 days prior to the meeting.
11.2 The business of the A.G.M. shall be to:-
11.2.1 Read and confirm the minutes of the previous A.G.M. and any other General Meeting(s) held during the year.
11.2.2 Receive the Chairman’s Report for the year to date.
11.2.3 Receive the audited Annual Financial Statements of the Club together with the Treasurer’s Report for the Financial Year.
11.2.4 Consider and vote on any amendment to the Constitution.
11.2.5 Elect the Committee to serve until the next A.G.M.
11.2.6 Confirm the appointment of the auditor.
11.2.7 Consider and if necessary vote on any other competent business,
11.2.8 Confirm all actions of the Committee since the last A.G.M.
11.2.9 Approve the subscription rate(s), entrance fees and other levies and charges for the forthcoming year.
11.2.10 Agree and confirm the Rules & Bye-Laws in force until further notice.
11.3 A General Meeting may be called by the Committee at its discretion or on request in writing by not less than 10 Members, giving reasons for the request. The Committee shall give at least 14 days written notice of such meeting, and include the purpose of the meeting in the notice, which purpose shall be the only competent business at the meeting.
11.4 Should any General Meeting be adjourned, the adjourned meeting shall be held not more than 28 days after the original meeting and written notice of the adjourned meeting shall be sent to Members not more than 7 days after the date of the original meeting.
11.5 Except where expressly provided to the contrary in the Constitution, a majority of those present, including Proxies, entitled to vote shall be decisive and voting shall be by a show of hands unless a majority demand a secret ballot. Any Member who is unable to attend the Meeting may, by his signature, nominate in writing another Member in good standing, as his Proxy, to vote on his behalf. Such written nomination shall be lodged with the Secretary not later than at the commencement of the Meeting.
11.6 The quorum, which includes Proxies, at a General Meeting shall be 20% of the total of paid up Members entitled to vote. If a quorum is not present, the meeting shall be adjourned and at the adjourned meeting those Members present, plus Proxies, shall be deemed a quorum.
12. CAPITAL EXPENDITURE
Expenditure on Capital Items or Maintenance, totaling more than 30% of the previous year’s retained income, shall be subject to the prior approval of Members, given at the A.G.M. or at a Special General Meeting called for that purpose.
13. RULES AND BYE-LAWS
Rules and Bye-Laws, the intention of which are to regulate and ensure the co-operative and safe running of the Club in practical matters, may be introduced and published from time to time by the Committee. Such items are to be confirmed each year at the A.G.M.
14. CONSTITUTION
14.1 Changes to the Constitution shall only be made at a General Meeting of which at least 21 days written notice must have been given, including details of the proposed amendment. The proposal must be in writing and signed by the Proposer and Seconder. A majority of two thirds of those present, including Proxies, and entitled to vote is required for the approval of any amendment to the Constitution.
14.2 In cases of doubt as to interpretation of the Constitution, the Committee’s decision shall be final.
15. CHAIRMAN
The Chairman at all meetings of the Committee and of Members shall have both a deliberative and a casting vote.
16. NOTICES
Any notice to Members shall be deemed as served when posted, faxed, e-mailed or delivered, to the last address of the Member supplied to the Secretary.
17. DISSOLUTION OR WINDING UP
If on dissolution or winding-up of the Club there remain any funds or assets, these shall be transferred to a non-profit organization with similar objectives.
18. LEGAL PERSONALITY
The Club has full legal personality in its own right to perform legal actions and to sue or be sued and bring any proceedings as in any competent Court of Law in the name of the Club and to do all things required to achieve its Objectives.
19. INDEMNIFICATION
The Committee and Sub-Committees shall be indemnified by the Club in respect of any actions, costs, losses, damages and expenses which they, or any Member of them, may incur or sustain by reason of any act done, concurred in or omitted, in the execution of their respective duty or supposed duty, except for any lo