SWD SPORT COUNCIL
CONSTITUTION
NOVEMBER 2006
1. NAME
The name of the organisation shall be the “SWD Sport Council” (referred to below as “the association” or the “SWDSC”)
Colour and emblem. The colours will be teal green and white. The emblem will be the three white ostrich feathers on a teal green, navy blue or black background.
1.1The feathers will be aligned as if standing with one central, hanging to the front, one on each, the left and right of centre and hanging to that side without any part of the feathers crossing and without any other mark, border or inscription.
1.2The sport being represented will be inscribed below the feathers.
1.3Each affiliated sport code is responsible for presenting “colours” to their
representatives in calloboration with the SWD Colours Committee.
2LEGAL STATUS
2.1The organisation shall be a voluntary association.
2.2The association is and shall be a juristic person and can act or be acted against in its own name.
2.3The property and funds of the association vest in the association, as a juristic person and no member of the association shall be liable for the debts of the association.
3POLICY
The guiding principle of the association will be that all persons, irrespective of race, colour, creed, gender or social class, shall have the right to participate in sport and the activities of sport and to forbid any form of discrimination.
4OBJECTIVES
4.1To assist the Directorate CulturalAffairs & Sport (DCAS) in its programmes and practices.
4.2To ensure greater co-ordination in sport development between its members, civil society, the DCAS and local government.
4.3To assist in securing benefits for its members, e.g. sponsorships.
4.4To ensure that the interests of special interest groups such as women, disabled sport and school sport are catered for.
4.5To make input into policy formulation and priority setting on sport.
4.6To continuously, actively and practically work towards complete equity in sport for all citizens of South Africa.
5MEMBERSHIP
5.1Membership may only be granted at the Annual General Meeting (AGM) of the association.
5.2Membership will be open to all legally constituted sport associations who are:
5.2.1Affiliated to national associations
5.2.2Active in the geographical area of the South Western Districts as defined by their national associations
5.2.3With a membership of at least four (4) clubs and 100 individuals or, if a unitary structure, one hundred (100) individuals
5.2.4Subscribing to democratic practices within the framework of the constitution and laws of South Africa as well as all relevant policy documents.
5.3Smaller sport associations may be granted associate membership at the discretion of the AGM.
5.4Subject to 5.2.3, the following structures will be eligible for membership to the SWDSC
5.4.5All sport federations
5.4.6All school sport federations
5.4.7All community sport federations.
5.4.8Local sports councils.
5.5No individual natural person shall be allowed membership of the association.
5.6Individual natural persons not in good standing with their federation will not be permitted to hold office on the association.
5.7 Interim membership may be granted by the Exco to new federations or sports
bodies, subject to acceptance / rejection at the AGM.
6FEES
6.1The general assembly shall determine the annual membership fees and/or levies payable by members annually. These funds are to be employed for the effective and efficient functioning of the association.
7THE EXECUTIVE COMMITTEE (Exco)
7.1Members of the Executive Committee shall be:
7.1.1 The Chairperson
7.1.2 The Vice-Chairperson
7.1.3 The Secretary
7.1.4 Treasurer
7.1.5 Head of the Regional Office, DCAS (ex officio, and non-voting)
7.1.6 One [1] member representing Sport with Disabilities. This member will be
nominated by Sport with Disabilities.
7.1.7 One [1] member representing School Sport. This member will be nominated by
organised school sport.
7.1.8 Two [2] members representing Regional Sport Federations.
1.1.9 Two [2] members representing Women’s Sport.
1.1.10 Two (2) members representing Local Sport Councils.
1.1.11 One [1] member representing Farm Worker Sport.
1.1.12 One [1] member appointed as Development Co-ordinator [Transformation
Officer?]
7.2Powers of the Executive Committee
7.2.1The Exco shall appoint from its members a Development Co-ordinator to ensure that a policy on the following is formulated and implemented within the association and among its affiliated members:
7.2.1.1Demographic equity
7.2.1.2Gender equity
7.2.1.3Disabled Sport equity
7.2.1.4Capacity building and
7.2.1.5Broad human development.
7.2.2The DCAS will provide secretarial services to the association under the direction of the Secretary.
7.2.3Confidentiality: All matters discussed and decided are of a confidential nature, a confidential contract will be entered into with all members of the executive and with any parties engaged to perform duties for or on behalf of the executive. Decisions and/or statements on behalf of the association/executive will be made by the chairman or disbursed via the secretary/treasurer with the chairman’s approval. No other statements may be made on behalf of the association or executive.
7.2.4Pass such byelaws as may be necessary for the maintenance of good order.
7.2.5The Exco is the sole authority in determining the interpretation of the constitution.
8THE MANAGEMENT COMMITTEE (Manco)
8.1Members of the Management Committee shall be:
8.1.1The Chairperson
8.1.2The Vice-Chairperson
8.1.3The Secretary
8.1.4Treasurer
8.1.5Head of the Regional Office, Directorate Culture Art & Sport (DCAS) (ex officio, and non-voting)
8.1.6The Development Co-ordinator [Transformation Officer]
8.1.7The regional representative to Wecsa (non-voting) – must fall away
8.2Powers of the Management Committee
8.2.1The Manco will run the association as a non-profit business. Investing such funds in its ownership advantageously, purchasing and disposal of assets and funds as it deems expedient to achieve the objectives of the association.
8.2.2Institute and defend legal actions on behalf of the association.
8.2.3To host events in conjunction with the appropriate authorities.
8.2.4Participate in all appropriate provincial and national forums, trusts, academies, etc. in the interest of the SWDSC.
8.2.5To appoint and dismiss persons to/from posts, committees, inspections or any specialised tasks as is required to fulfil the requirements of the association.
8.2.6To attend to all matters of discipline within the association.
9SUB-COMMITTEES
9.1The MANCO will appoint specialist sub-committees to assist with its objectives as and when necessary.
10NOMINATION AND ELECTION OF EXECUTIVE MEMBERS
10.1Members must forward their nominations to the Manco[secretary?] (21) twenty-one days prior to the AGM.
10.2Nominations to be circularised to all members (7) seven days prior to the AGM.
10.3Elections will take place at the AGM.
10.4Term of office will be (2) two years and (50%) fifty percent of the committee will be replaced on rotation. Members may stand for a further period.
11ANNUAL GENERAL MEETING (AGM)
The AGM shall be between April and June of each year.
11.1Proceedings at AGM’s
11.1.1To confirm the minutes of the previous AGM, General Meeting and any Special General Meeting held since the previous AGM.
11.1.2To receive and confirm all Exco reports, including an audited financial report.
11.1.3To appoint the association’s auditor for the ensuing financial year.
11.1.4To consider, with or without modification, any resolutions of which due and proper notice had been given.
11.1.5To consider any proposed amendments to the constitution.
11.1.6To elect Exco members for the new term.
11.2Representation at the AGM. (Subject to clause 5 of the constitution)
11.2.1Two (2) voting members per affiliated school association. (High school, primary school, LSEN, college or any other school of whatever classification.), - must fall away
11.2.2Two (2) voting members per affiliated Regional Sport Federation
11.2.3One [1] voting member peraffiliated disabled sport association
11.2.4One (1) voting member per affiliated municipal sport forum,
11.2.5One [1] voting member per affiliated farm workers association
11.2.6Themanagement committee,one vote per member.
11.2.7Head of the regional office, DCAS (ex officio, non voting),
11.2.8Representatives of DCAS (ex officio, non voting)
12SPECIAL GENERAL MEETINGS (S.G.M.)
12.1The Secretary shall convene a Special General Meeting within Seven (7) days of receipt of a requisition to that effect signed by least five (5) affiliated members or sixty percent (60%) of the Exco.
12.2The members calling for the meeting shall provide, in writing, a detailed motion or motions to be put before the Special General Meeting. No other business shall be entertained at such Special General Meeting.
12.3Members are to be provided with 14 days written notice setting out the full business of the Special General Meeting.
13GENERAL ASSEMBLY MEETINGS [MEMBERS]
13.1There will be at least two[one] General Meeting [Members Meeting?] per annum.
14NOTICE OF MEETINGS (To be in writing - Letter, e-mail or fax)
14.1[EXCO, MANCO and] Committee meetings – 7 Calendar Days.
14.2AGM, SGM &General Assembly – 14 Calendar Days.
15QUORUM AT MEETINGS
15.1Sixty percent (60%) of affiliated members shall be a quorum at AGMs, Special General Meetings and General Assembly Meetings.
15.2At all committee meetings, the quorum shall be a simple majority of the number of members on that committee.
15.3 Should a quorum not be present, the meeting will be adjourned for seven days.
The chairperson must contact all members within three days, informing them of
the change. Members present at this postponed meeting will be deemed to
represent a quorum.
16VOTING
16.1At AGMs, Special General Meetings and General Assembly Meetings, decisions shall be taken with a majority of sixty percent (60%).
16.2At committee meetings decisions shall be taken with a simple majority.
16.3In all cases, except at Special General Meetings and elections, chairpersons shall have a casting vote in addition to a deliberative vote.
16.4Number of votes per structure: As per 11.2 of the constitution irrespective of the number of delegates in attendance.
16.5Voting shall be by a show of hands or by way of ballot, at the discretion of the chairperson. The chairperson will direct the time, place and manner of vote.
16.6Voting by proxy shall not be permitted.
16.7The declaration of the result of the vote, by the chairperson, shall be conclusive.
17FINANCE
17.1The Exco [treasurer] shall cause proper records books and accounts to be kept.
17.2The financial year shall be from the first day of March to the last day of February.
17.3A register of members shall be kept and regularly updated by the DCAS.
18CODE OF CONDUCT
All members of the SWD Sports Council shall conduct themselves in a manner that upholds the values of, and promotes the fulfilment of the objectives of the association.
19DISCIPLINE
19.1A separate disciplinary code and practice shall be annexed to this constitution and form a part hereof.
19.2Amendments to the disciplinary code will be attended to at the Executive committee level.
19.3Should an urgent need arise in any matter effecting the smooth management of the Association, the MANCO have the right to pass a byelaw, which must be ratified at the next EXCO meeting.
20DISPUTE RESOLUTION
Appeals, in any situation, will be resolved at EXCO level[ by the Dispute Resolution Committee] , which is the highest authority in any appeal. The decision of this committee will be final and binding on all members.
21AMENDMENTS TO THE CONSTITUTION
21.1The Constitution of the Association or any part thereof as contained herein shall not be rescinded, added to or amended, save by a resolution, adopted by a majority of (60) sixty percent of the members of the association present at the Annual General Meeting for which due and proper notice has been given.
21.2This notice is to be given to the secretary, in writing, at least (14) Fourteen days prior to the date of the meeting. The secretary is to circularise this information to all members (7) seven days prior to the meeting.
22DISSOLUTION
22.1The SWDSC may be dissolved by a resolution passed at a Special General Meeting called for that purpose provided that such resolution is passed by a majority of two thirds of the members present and entitled to vote at such a meeting and such resolution is confirmed at a Special General Meeting held not less than thirty days thereafter by a majority vote of members entitled to be present and vote thereon.
22.2Upon its dissolution the assets of the Association remaining after the satisfaction of all its liabilities shall be given or transferred to some other association/s or institution/s having similar objectives to the SWDSC’s, to be determined by the members of the Association at the second Special General Meeting. Failing such determination, by the Director of Fund Raising.
23INTERPRETATION
The interpretation of this constitution, rules, regulations and byelaws or decisions of the association shall rest entirely with the Executive Committee, whose interpretations shall be final and binding on all members of the association.
SIGNED AS PASSED BY THE GENERAL ASSEMBLY MEETING
DATED:
VENUE:
CHAIRPERSON NAME:SIGNATURE
Secretary/Treasurer’s NAME:SIGNATURE:
WITNESS NAME:SIGNATURE:
June 2008
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