9 December 2012

Constitution

MIND SPORTS SOUTH AFRICA

RULES

1. NAME: The UNION shall be called the MIND SPORTS SOUTH AFRICA (MSSA).

2. OBJECTIVES: The objectives of the UNION shall be:

2.1  To encourage the sciences of figure gaming, board gaming, card gaming, eSports and Robotics.

2.2  To stimulate public opinion in providing facilities for acquiring and practising these activities.

2.3  To promote and control Competitions and Championships of the activities as detailed in Rule 2.1.

2.4  To promote the uniformity of rules for the control and regulation of Competitions and Championships.

2.5  To enforce the observance of the rules and bylaws of the MSSA, and to deal with any infringement thereof.

2.6  To affiliate to the relevant International Federations.

3. TITLE , LEGAL PERSONALITY AND MEMBERSHIP

3.1 The MSSA shall have perpetual succession and shall continue to exist notwithstanding changes in membership and office-bearers.

3.2 The MSSA shall own property and other possessions separate from its members.

3.3 The MSSA shall be able to be sued in its own name.

3.4 The MSSA shall exist in its own right separate from its members.

3.5  That in order for the MSSA to defend its status as an Universitas, no member shall carry on any business with the object of the acquisition of gain.

3.6  Only clubs, societies, and associations as domiciled within the Republic of South Africa may be admitted as members.

4. AFFILIATION AND APPLICATION FOR MEMBERSHIP

4.1  All applications for membership shall be made in writing to the General Secretary of the UNION, and must be accompanied by the amount of the annual subscription, which shall be refunded if the application be not accepted.

4.2  All application shall further be accompanied by a copy of the Constitution, Rules and Regulations of the applicant body and such other information, as the UNION shall require.

4.3  Applications for affiliation may only be considered at a General Meeting of the UNION, and may only be accepted if passed by a 2/3 majority of those eligible to vote at such meeting. Notwithstanding the provisions of this sub-clause, the Management Board shall have the right, subject to the proper observance of the other sub-clauses of this rule to accept the affiliation of an applicant body temporarily and subject to confirmation by the requisite majority at the next Annual General Meeting of the Council. Prior to the presentation of such application to the General Meeting, the Management Board shall have satisfied itself that the applicant is strong enough to ensure the proper conducting of a province, club or society.

4.4  The name of the applicant body shall be approved of by the UNION.

5. ANNUAL SUBSCRIPTION: The Annual Subscription payable by all affiliated members shall become due and payable on 1 November of each year, or in the case of new members, on the day of election, and shall be the sum of R100.00. In addition affiliated members shall pay Registration fees (clause 27.5), and such are hereinafter provided for.

6. ORGANISATION OF THE UNION

The constituted bodies of the UNION shall be the following:

6.1  The Council of the UNION which shall be any General meeting of the UNION and in particular the National Convention.

6.2  The Executive Committee of the UNION which shall act as the executive body of the UNION.

6.3  The Board of the UNION which shall act as the management body of the UNION.

6.4  Other standing and ad hoc committees of the Executive as determined in the Rules and Regulations of the UNION.

7. THE COUNCIL OF THE UNION

7.1 Council is the highest authoritative body of the UNION and all Members shall be entitled to attend its meetings. Council may allow non-members to attend its meetings as observers with or without debating rights.

7.2  The affairs of the UNION shall be conducted by a Council consisting of a President, Vice-President (Umpiring), Vice-President (Development), Vice-President (Events), General Secretary, one vote per every five Registered Players of any affiliated Club or Society, one vote per every ten Registered Players of any affiliated School club, and two votes from each affiliated association which fulfils the minimum quota.

8.  THE EXECUTIVE COMMITTEE: shall consist of;

8.1 All members of the Management Board, Executive Director, a delegate representing such Student Association as recognised by Council, a delegate representing such Scholar's Association as recognised by Council and one nominated member from each affiliated member. The General Secretary shall be referred to as the Secretary.

8.2 The President and Vice-Presidents shall be ex-officio members of all sub-committees.

8.3 Nominations for the elected officers of the Executive Committee as provided for in (7.2) and (9.2) Shall be made in writing and will be in the hands of the General Secretary 4 weeks before the National Convention, and shall be accompanied by a signed acceptance, from the said nominee, of his willingness to accept nomination. No nomination shall be valid unless made by an affiliated member in good standing or by the Executive Committee. All nominations shall be circularised at least twenty-one days before the National Convention, by the General Secretary, to all affiliated members and to any individual entitled to vote thereat.

8.4 The Player's Representative shall not be elected at the AGM, but instead shall be elected by Registered Players who are in standing and who are fully-paid-up. It shall be deemed that all Registered Players have been notified of the election should the member clubs have been timeously notified.

8.5 The election of the Player's Representative shall be conducted in the following manner:

I.  All Registered Gamers who have senior Provincial, National, and Protea Colours may send in their vote on the prescribed voting form for their choice of candidate.

II.  The vote may be submitted either per facsimile or by e-mail.

III.  Such vote must reach the General Secretary by the close of business on or before two days prior to the AGM.

8.6 Elected members of the Executive Committee shall hold office for the period between four consecutive National Conventions on a staggered basis, being:

Position year of election

President 1998

Vice-Presidents 1997

General Secretary 1996

9. THE MANAGEMENT BOARD

9.1  The Management Board of the UNION shall be responsible for the day to day running of the UNION.

9.2  The Management Board shall consist of the following:

i the President of the UNION.

ii the 1st Vice-President – Development.

iii the 2nd Vice-President - Umpiring

iv the 3rd Vice-President – Events. Such Vice-President shall be responsible for ensuring that all events run, hosted and/or accredited by the MSSA meet current South African legal requirements.

v A member representing each discipline as per Rule 2.1.

vi A women's desk. This position shall only be held by a woman.

vii the General Secretary

viii The National Schools director.

ix A Legal Advisor

x The Executive Director.

xi The Player's Representative. The Player's Representative shall have Protea Colours, and shall have represented South Africa in an International Competition, and shall not be over 30 years of age at the time of such election.

xii A member to represent player's with disabilities.

9.3  Members of the Management Board appointed per Rule 7.2 shall be confirmed by the National Council and shall hold office for a period as determined in Rule 8.4.

9.4  The Management Board is empowered to make final decisions between meetings of the Executive Committee. All decisions shall however be submitted to the Executive Committee for confirmation at the next meeting.

9.5  The Management Board may undertake any essential investigation and refer matters to other committees of the Executive Committee.

9.6  The Management Board co-ordinates all recommendations of the standing and/or ad hoc committees for consideration by the Executive Committee and shall keep minutes of all meetings of such Committee.

9.7  The Management Board shall meet as often as possible, and shall be convened by the President, or in his absence, by the Vice President.

9.8  The Management Board may delegate any of its powers and functions to Committees which they appoint for any specific purpose and shall have the power to co-opt persons as deemed necessary to serve on such committees.

9.9  The Management Board may co-opt any Registered Player to fill any vacancy on the Management Board. However, such co-opted registered player may only serve on such Management Board to complete that year's term and not the full term of office.

9.10  The quorum of the Management Board shall be any three members who are either physically present, or who have submitted their votes by proxy.

9.11  Voting on the Committee shall be by simple majority (50% + 1).

10. APPOINTMENT OF DELEGATES

10.1  Delegates appointed by an affiliated member shall be members of that club and registered with the UNION.

10.2  Notice of the names of the delegates must be given by the affiliated member to the Secretary 48 hours before the date of the General Meeting, failing which such delegate may not take part in the meeting unless in the case of a new member.

10.3  A member may nominate two or more alternates in place of its appointed delegates to act in their stead where circumstances make it impossible for the appointed delegates to act, provided that rule 8.3 is complied with.

11. HONORARY LIFE MEMBERS: On the nomination of the Executive Committee only, the Council may, at the National Convention elect as Hon. Life Members, persons who have been prominently connected with the activity in the Republic of South Africa, and have rendered valuable services therein. Not more than one person shall be elected in at any one time. Such Hon. Life Members shall be entitled to attend meetings of the Council and shall have the power to vote at such meeting.

12. HONORARY VICE-PRESIDENT: The Executive may appoint such persons as they are feel deserving of recognition, to the position of Hon. Vice-President. Such Hon. Vice-President shall be entitled to attend meetings of the Council, and shall have power to vote at Executive Meetings.

13. POWERS AND DUTIES OF THE COUNCIL: The Council may exercise any or all of the following powers:

13.1  The Council shall maintain a banking account in the name of the UNION, which shall be operated upon by cheque signed by any one of the following:

13.1.1 The President

13.1.2 The Vice-Presidents

13.1.3 The General Secretary

13.1.4 The Executive Director

13.2  The accounts of the UNION shall be audited by the Hon. auditors appointed at the National Convention.

13.3  The Council shall at the National Convention elect the Executive and Hon. Life Members (as recommended by the Executive) consider all applications for affiliation and elect members of all sub-committees.

13.4  The Council may at any General Meeting, altar amend, or revoke any of the Rules of the UNION, or motion, if a notice of motion in writing, setting out such proposed alteration, amendment or revocation, shall have been given to the General Secretary and circularised to all affiliated members not less than twenty-one days prior to such meeting. No such resolution shall become effective unless passed by 2/3 of the member clubs present and eligible to vote.

13.5  Where it is not specified that a two-thirds vote is required, then a simple majority (50% + 1) is required.

13.6  The Council may purchase, or hire, moveable or immovable property in the name of the UNION, upon such terms as considered expedient, and shall further have the right to borrow money on mortgage or otherwise, for such purpose.

13.7  The Council, subject to Rule 16.2, hereinafter contained, shall have the power to fine, reprimand or suspend any affiliated club or society, or member thereof, which or who, in its opinion, has been guilty of conduct warranting such action. This rule will also apply to associations.

13.8  The Council's decisions shall be binding on all affiliated bodies and members thereof.

13.9  The Council shall be empowered to deal with all matters arising out of or incidental to the proper management or control of the affairs of the UNION or of the activity itself, not provided for in these Rules.

14. MEETINGS OF THE COUNCIL: All National Conventions and Special General Meetings shall be open to all affiliated members. The National Convention, of which twenty-one days notice in writing shall have been given by the General Secretary to all affiliated members, shall be held during the month of December, at which the following business shall be transacted:

14.1  To confirm the minutes of the previous National Convention.

14.2  To receive and adopt the Annual Report of the Executive Committee.

14.3  To receive and adopt the Reports of the Sub-committees.

14.4  To receive the National and Provincial Tournaments Management reports.

14.5  To consider and deal with any notices of motion to amend the Constitution.

14.6  To consider and deal with any notices of motion to amend the Regulations.

14.7  To elect the Executive Committee as per Rule 8.3 bearing in mind Rule 8.4 and Rule 8.5.

14.8  In the event of insufficient nominations being received, the Executive Committee may fill vacancies that may exist. However, once an individual has assumed a position, he may not stand for, or be elected to another position.

14.9  To consider applications for affiliation.

14.10  Approval of the Calendar of Events.

14.11  A Special General Meeting may be called:

14.11.1 By the President, or in his absence, either of the Vice-Presidents, and twenty-one days written notice to be given, thereof to all affiliated members.

14.11.2 On written requisition by at least half (1/2) of the members of Council. Notice of such meeting shall be dispatched to all affiliated members. Such meeting will be held twenty-one days after such requisition.

14.11.3 A Special General Meeting shall be called within six months of the end of the Fiscal Year at which the following business shall be conducted:

I. To receive and adopt the Annual Report of the Executive Committee, and

II. To appoint Hon. Auditors for the ensuing season.

14.12 No business shall be discussed at a General Meeting that does not appear on the Notice for such meeting.