BADMINTON SOUTH AFRICA
CONSTITUTION: BYE-LAWS
ANNEXURE C:
BYE-LAWS FOR GOVERNING
BADMINTON SOUTH AFRICA: CONSTITUTION: BYE-LAWS (2017): ANNEXURE C C- 1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1.NAME AND LEGAL PERSONALITY
1.1Badminton South Africa's (BSA) name shall be registered, and shall be protected by all its members and their individual members.
2.OBJECTIVES
2.1BSA aims and its objectives shall be respected by all its members and their individual members.
2.2Laws, Rules and Regulations governing, regulating and controlling badminton in South Africa, shall be published, and Badminton SA shall enforce the carrying out of same.
3.HEADQUARTERS
3.1The Headquarters of Badminton SA shall be situated at 279WestAvenue, Centurion.
4.SECRETARIAT
4.1The Headquarters shall consist of an office managed by a full time or part time Secretariat.
4.2The Secretariat shall consist of the General Manager, assisted by the Development and Transformation Co-ordinator and such other personnel as may from time to time be appointed.
4.3The General Manager, the Development and Transformation Co-ordinator and/or other personnel shall be appointed in the following manner:
4.3.1In the first instance, the position is to be advertised between member associations and badminton fraternity and, failing any suitable applicant, thereafter in selected national press. All applications shall be in writing, considered by the Executive Board.
4.3.2Terms of employment shall be signed by both parties (President on behalf of a General Meeting).
4.3.3The duties of the personnel shall be determined by the Executive Board and approved by a General Meeting.
4.3.4Salary and other remuneration shall be determined by the Executive Board and reviewed annually.
4.3.5In the case of full time personnel, the person appointed may only be employed by another body for financial gain on condition that no conflict of interest arises.
4.3.6Provincial Associations, the Executive Board and a General Meeting can recommend the termination of the contract, but final say is with a General Meeting. Three months' written notice to be given by either party.
5.AFFILIATION
5.1BSA shall be affiliated to the Badminton World Federation, the Badminton Confederation of Africa, and such national umbrella structures as may be deemed necessary.
6.LAWS
6.1The Laws of Badminton, as amended by the Badminton World Federation from time to time and adopted by Badminton SA, shall be updated and published by and enforced through the Technical Officials Committee.
7.MEMBERSHIP
7.1BSA membership is limited to Honorary Life Members approved in terms of article 8, Executive Board Members elected for the time being in terms of article 17, and associations whose voluntary applications for membership were recommended by the Executive Board and approved by the General Assembly as a:
7.1.1Provincial Badminton Association;
7.1.2Corporate Badminton Association; or
7.1.3Associate Badminton Association.
7.2For the purposes of this clause, a Provincial Badminton Association shall consist of an association with a membership of not less than ten clubs and three hundred members and with an area of jurisdiction of a major part of a province, and a
A Corporate Badminton Association shall consist of an association with a membership of not less than five clubs and one hundred and fifty members and with no area of jurisdiction, but with member clubs spread over several provinces within a common corporate structure, each also being affiliated to the applicable association with area jurisdiction.
An Associate Badminton Association shall consist of an association with a membership of not less than one hundred and fifty members, and with no area of jurisdiction, but with members spread over several provinces within a common badminton interest group, each also being affiliated to the applicable association with area jurisdiction.
7.3Application for membership of BSA to either category shall be in writing, addressed to the Administration Manager, and shall be accompanied by the requisite membership fee as detailed in clause 22 hereof. The application shall also be accompanied by a copy of the Constitution, Rules and Bye-Laws of the Applicant Association, a list of its officials with the address of its Application for membership of BSA shall be considered at a General Meeting. Written advice of the application must be sent by the Secretary to all member Associations at least thirty (30) days before the date of such meeting.
Ratification of an applicants' Constitution & Bye-laws shall be confirmed by a Committee appointed for this purpose, before the date of the said General Meeting.
7.4.1All members shall be bound by the Constitution and Bye-laws then in force and by any decision of the General Assembly.
7.4.2 Members shall be liable to pay the fees provided for in clause 23.
7.4.3 Members shall be liable to comply to all directives of the Executive Board.
7.4.4 Transformation and Development” shall be a standing function of and agenda point for meetings of the executive committee of every member association;
7.4.5 Each member association shall have a Transformation and Development Sub-committee and a Transformation and Development Officer in its organisational structure;
7.4.6 Each member association shall have its constitution allowing for the Transformation and Development Officer to be a member of the Executive Committee;
7.4.7 Transformation and Development Officers of member associations shall have direct channels of communication to BSA Transformation and Development Committee, provided that copies of all correspondence be submitted to the mother body.
7.4.8 Each member association shall have a player’s representative elected by the players and reporting to the executive of the member association.
7.4.9 Each member association shall have audited financial statements including a report by a registered independent accounting professional.
7.4.10 Each member association shall have the Office informed about the dates of its general meetings, as well as the composition of its executive committee, and for that purpose supply the Office with a properly completed Update (BSA Form 1.2) by 31 January of each year.”
7.4.11 Lines of Communication: Individual members shall communicate through their club, via their Association to the responsible Committee of BSA. Under no circumstances may any individual member communicate directly to the BSA Office or Office Staff or the President of BSA. Similarly any individual member may not communicate with SASCOC, SRSA, BCA, BWF or anyOfficial Sponsor.
7.5The Executive Board may place under administration and appoint an interim administrator; or suspend; or recommend the termination of any member's membership, or alternatively impose conditions or fines, if such member neglects to pay affiliation fees or any other levies, or to comply with the provisions of the Constitution and to the objectives of BSA as a result of the member’s failure to administrate the affairs of the member properly in terms of good corporate governance. Such member shall be heard in the prescribed manner and may appeal to the General Assembly (clause 24 and 25)
7.5.1The Executive Board shall impose a fine of double the entry fee of a particular tournament in a case where a member enters or undertakes to enter that tournament and fails to comply.
7.6Resignation of membership of BSA in either category shall be in writing, addressed to the Administration Manager, and shall be accompanied by the outstanding membership fee, capitation fees and other levies, together with a motivation.
7.7No motion to terminate the membership of any member shall be considered if the member concerned had not been given 30 (thirty) days’ notice, which notice shall state the reasons clearly, and if such member had not been given a reasonable opportunity to address the meeting at which such motion is to be considered.
7.8A membership register shall be maintained by the Secretariat. Each member association shall assist the Secretariat to keep a national register of all badminton players, coaches, technical officials and administrators, in categories determined by the Executive Board. Proper registration of such participants shall imply notification of at least the full names and ID Numbers.
7.9The several member associations shall have jurisdiction as under Annexure B, and shall endeavour to develop badminton throughout their jurisdictions
7.10Provincial Associations shall endeavour to affiliate to and promote regional umbrella structures recognised by BSA, such as USSA.
7.11Channels of communication for member associations and their individual members shall be to the Headquarters through their Chairperson/Secretary, or to Committees through their own applicable sub-committee.
7.12"Individual members" in these bye-laws refers to members of member associations, which will be subject to the jurisdiction of BSA as their mother bodies.
8.HONORARY MEMBERSHIP AND AWARDS
8.1Life Membership recommendation, together with the citation, must be forwarded to the Secretariat in a form equivalent to Form BSA 8.1.
8.2The Honours for Service Award recommendation, together with the citation, must be forwarded to the Secretariat in a form equivalent to Form BSA 8.2, six (6) weeks prior to the General Assembly. The form shall clearly indicate that "official capacity" refers to administrative service.
9.COLOURS
9.1The badge of BSA shall be a gold shuttlecock surrounded by a King Protea (On a background Sable (black), within an open laurel wreath Argent (silver), a Protea Cynaroides slipped and leaved proper, voided of the field, charged with a shuttlecock Or (gold), as published in the Government Gazette dated 4 September 1998).
9.2The badge of BSA awarded to court officials and coaches and team managers achieving international/national status, to be authorised by a majority vote at an Executive Board meeting, shall be recommended by the relevant Committee.
10.GENERAL ASSEMBLY
10.1The duly appointed representative from each member Provincial Association; from each member Corporate Association; from each Associate member andNational Players Representatives (21.11), shall be that association's chairperson or vice-chairperson, as advised in Form BSA 10.1 to Badminton SA.
10.2Associations shall be entitled to nominate an alternative representative to General Meetings. If a representative of an association is not the chairperson orvice-Chairperson, he/she must be a member of saidassociation and a written credential shall be forwarded with Form BSA 10.1.
10.3Observer status, with no voting power, may be given at a General Assembly, to people in terms of Article 10.3, if the President is notified in writing 30 days beforehand.
11.POWERS OF GENERAL ASSEMBLY
11.1Protocol at General Meetings
All proceedings are conducted in accordance with the following regulations. In cases not covered hereby, the Chairperson can decide. If any member objects in such a case, the meeting can decide by way of a simple majority.
11.1.1MOTIONS AND AMENDMENTS
Motions and amendments must be positive as far as possible, and start with the word "that".
Each motion and amendment must be tabled in writing and must have a proposer and seconder.
A motion or amendment can only be withdrawn with the consent of the proposer, seconder and meeting.
After a motion has been accepted or rejected, discussion thereon at the same meeting can only be re-opened if a motion to that effect is accepted with a two-third majority.
No debate is conducted on a motion for reconsidering, although the proposer may give an explanation.
Any motion or amendment can be amended as follows:
(i)by scratching words;
(ii)by adding words;
(iii)by substituting certain words for others; or
(iv)by scratching all words after the word "that" and substituting it by other words that deal with the same subject as the original motion or amendment.
An amendment that is accepted by the proposer and seconder of the original motion or amendment is ipso facto included therein.
An amendment is brought to vote before the original motion. If accepted, the original motion falls away. The amended motion then becomes the independent motion, is read as a whole by the Chairman, and is then brought to a vote again.
Amendments on previous amendments may be proposed, in which case the same procedure as in the previous clause is followed.
There will be no vote on any amendment before the debate on the motion is closed. Amendments are brought to a vote in the opposite sequence than that in which they were proposed.
11.1.2DEBATE
If a member is not satisfied with a ruling of the Chairperson, he can request the Chairperson on a point of order to change his ruling. If the Chairperson refuses, the meeting will decide by way of a simple majority.
All matters that do not relate to the subject under discussion at the meeting are ruled out of order by the Chairperson.
The proposer of a motion has the right to reply. After the reply has been delivered, no further discussion will be allowed.
A debate can be closed at any stage by a motion that the matter be brought to a vote. Such motion must immediately be brought to a vote without discussion.
12.ANNUAL GENERAL MEETING
12.1The Annual General Meeting shall be held at the time and place of the Senior National Championships, which shall be determined at the Annual General Meeting held in the preceding year, in accordance with a draft five year schedule proposed by the Executive Board.
13.BUSINESS AT ANNUAL GENERAL MEETING
13.1The business of the General Assembly at an Annual General Meeting will be dealt with in the order prescribed by Article 13, unless the General Assembly decides otherwise.
14.SPECIAL GENERAL MEETINGS
14.1For Special General Meetings to be called on requisition delivered to the Secretariat by duly appointed representatives of not less than one-third of the Provincial Association members, the requisition must specify clearly the purpose for which the Meeting is to be called, and the Meeting must be called for a date within six weeks of receipt of the requisition.
14.2The Secretariat shall give notice to the members, of the Special General Meeting and of the business to be transacted thereat, not later than four weeks before the date fixed for same.
15.QUORUM AT MEETINGS
15.1In the event of there being no quorum thirty minutes after the time appointed for any meeting, the meeting shall stand adjourned for two hours and shall be held at the same place, if convenient. The representatives then present shall constitute a quorum. The Secretary shall notify all members of the adjournment.
16.VOTING AT GENERAL MEETINGS
16.1The President shall confirm the voting rights before the meeting commences.
16.2Written credentials for a proxy shall be on Form BSA 16.2.
16.3Postal Vote Ballot Papers must be in a form similar to Form BSA 16.3.
17.ELECTORAL PROCEDURES
17.1Nominations for the election to the relevant Committee or Sub-Committee shall be sent to the Secretariat in Form BSA 17.1, so as to reach it not later than six weeks before the date fixed for the Annual General Meeting. All nominations must be seconded.
17.2Acceptance by nominated members must be received in Form BSA 17.2 by the Secretary five weeks before the Annual General Meeting.
17.3The elections, in the applicable years, will be conducted as follows:
The chairperson of the outgoing Executive Board chairs the meeting on which the new Executive Board is elected until the end of that meeting. The new chairperson takes over the leadership immediately after this meeting.
Duly registered individual members of affiliated members are eligible. Members of the outgoing Executive Board are eligible for re-election.
There must be a proposer and a seconder for each nomination. Only members may propose and second individual members for the Executive Board.
Nominations must include the consent of the nominee by way of signature on the prescribed form, and must be submitted to the Secretary at least five weeks before the Annual General Meeting.
If no valid nomination for a specific vacancy is received, nominations can be made during the course of the General Meeting.
After all nominations per vacancy are accepted, there will be a vote by secret ballot for the candidates.
Voters only write or mark the name of the candidate for which they vote on the paper strip provided.
Three persons from the meeting appointed by the Chairperson will act as election officers.
In the event of a tie, the candidates who received the majority of votes will stand against each other in a re-vote. If the votes tie again on these candidates, the matter will be decided by the President’s casting vote.
Voters must vote for the required number of candidates. If not so, such ballot is regarded as spoiled.
All ballot papers must after the count be sealed in an envelope and kept securely by the Secretariat for at least two months. Objections relating to the election must be submitted in writing to the Secretary within 30 days after the count.
The Secretary informs all members of Badminton SA in writing of the result of the election, as well as of any co-opted members.
18.EXECUTIVE BOARD
18.1Channels of written communication for members of the Executive Board shall be to the President through the Headquarters.
19.POWERS OF EXECUTIVE BOARD
19.1The Executive Board shall appoint any standing and/or ad hoc committee as may be deemed necessary, as well as any full time or part time employees, or officials necessary to accompany national teams. The powers and duties of the Executive Board are delegated to these committees, employees or officials as provided in these Bye-Laws, and in particular in Annexure E.
20.QUORUM AND PROCEDURE OF EXECUTIVE BOARD MEETINGS
20.1In the event of there being no quorum thirty minutes after the time appointed for any meeting, the meeting shall be replaced by a Management Committee meeting.
21.COMMITTEES
21.1The General Assembly shall confer on Committees all or any of the powers vested in it in terms of this Constitution.
21.2Each Committee shall, at its first Meeting, appoint a Chairperson/Convenor and any other necessary officials. At the first Executive Board Meeting after the Annual General Meeting, the Committees shall advise the names of the officials appointed for the term of office.
21.3The duties and powers of the SENIOR SELECTORS shall be as follows:
21.3.1AIMS
Through fairness and honesty to carry out the selection of South African senior players to the benefit, upgrading and growth of Badminton.
21.3.2GENERAL DUTIES
The general duties of the Selectors shall be:
The Selectors shall, from among their number, elect a Convenor who shall notify the Secretariat of his/her election not later than the first Executive Board meeting following the date of the Annual General Meeting.
To select SA senior badminton players for representative teams requested by the BSA Executive Board as may be required to represent Badminton SA. The Secretariat shall advise the Convenor of the Selection Committee in good time, in writing, of the teams required and the Convenor shall thereafter notify the Executive Board in writing of the names of the players selected. The Secretariat must then notify the players individually through their Associations.