CLUB NAME
CONSTITUTION
Affiliated to
Wheelchair Basketball SA
PROVINCE NAME
Adopted on (DATE)
Note:
This constitution is drawn up and accepted to facilitate the running of Wheelchair Basketball SA affiliates in accordance to the Articles of Association as set out by the Registrar of Companies Act and was approved by the Trustees of Wheelchair Basketball SA on 23 April 2005, with neither having conflict with theArticles of Association and its bylaws as so adopted.
It is a generic constitution designed for Club affiliation and needs to be updated with your information and accepted as a working document by your members.
Definition of a CLUB
A Club is defined as a basketball body consisting of a constituted Committee in good standing, comprising of
non other than a Chairperson, Secretary and Treasurer by process of election and is made up of male, female
& junior teams, each being represented by a minimum of 8 registered players per team, a WBSA registered and
accredited Coach and Assistant or Manager, one referee and one table official.
A club whose home ground is situated within the municipal areas designated and is affiliated to the WBSA
through its Regional / Provincial offices; and any other club whose home ground is situate outside the area and
is duly affiliated to the Region on grounds that such club is not affiliated to another Region due to the absence
of the establishment of an association within such jurisdiction. In the event of a club whose home ground is
situate outside the jurisdiction of WBSA, such clubcan not demand that any games be played on such club's
home ground.
WBSA Mission Statement
WBSA shall endeavour, to the best of its ability and resources, to develop basketball within its jurisdiction on political, cultural, religious, racial and sexual neutrality.
In so doing the Federation shall strive to: -
- Develop and promote basketball.
- Improve the standard of its members.
- Create awareness of basketball within its provincial boundaries.
- Assist all members to participate in National Competitions, tours and exhibitions.
- Allow each of its member’s access to any facility under its control.
- Pay due diligence and weight to the cultural backgrounds of its founding members.
1.Definitions
In this constitution the following shall have the meaning assigned to them by this clause -
1.1AREA - the area as demarcated by the Municipal boundaries, Provincial Sports Council & Sports & RecreationDepartments for the Region
1.2WBSA –Wheelchair Basketball SA
1.3 CLUB –The registered association in good standing with WBSA represented by an elected committee with a minimum of 24 registered members herein known as the CLUB
1.4COUNCIL – The Chairman of the Board of Trustees, Technical Commission, Coaching Commission, Players Commission, Classification Commission, Players, Schools and Medical representatives
1.5DAY - a calendar working day with offices hours 08:00 – 17:00, Monday to Friday
1.6EXCO - the executive committee consists of the Board of Directorship of Wheelchair Basketball SA.
1.7GENDER - Where the male gender is used, this shall include the female and neuter and viceversa. Where the singular is used, this shall include the plural and vice-versa.
1.8MEETING- shall refer to a general, executive, sub-committee or special meeting of the Club
1.9MANCO – Management Committee consisting of a the various Commissions of the Club
1.10SASAPD – South African Sports Club for the Physical Disabled
1.11YEAR - the period from 1st March to 28th February
1.12ZONES – Designated areas demarcated by geographical municipal boundaries
2.Name
The name of the organisation shall be ______, herein known as the Club
3.Headquarters
The headquarters of the CLUB shall be ______
4.Colours
As determine by the constitution of the CLUB, the colours are ______
5.Uniform
The uniform shall be -
5.1A (COLOURS) vest & shorts with (COLOUR) trim and an alternative white vest & shorts with (COLOUR) trim.
5.2Team logo shall be (description).
5.3The player's number will be either 4 to 15 per set of 12 kits embossed on the top middle and back of the Vest in accordance to FIBA/IWBF specifications;
5.4The logowill be embossed on the left hand sideof the vest over the heart with sponsor on the right hand side of the chest.
5.5The Uniform consists of two sets of vestsand shorts or track suit bottoms with warm up shirts and or tracksuit tops.
5.6The non-playing uniform shall be acommissioned golf shirt with the club logo on the left breast pocket and sponsorship across the back, sleeves and right front chestThe non-playing uniforms may be worn by any player selected to represent the team in any national or international competitions, exhibitions or tours and by any manager and coach of the representative team of the Club whohas represented the Club, andby any such person, as may be authorized by the Club.
6.Objectives
The objectives of the Club are -
6.1 To elect a committee for the formation of the Club and thereafter to obtain affiliation to WBSA
6.2 To support and maintain the rules of the games as determined by the bylaws of the Club, WBSA &
SASCOC Constitutions, neither having conflict with this constitution and the technical rulesgoverning competition in IWBF / FIBA Africa and IWBF /FIBA World
6.3To develop and promote basketball within the club on political, cultural, religion, racial and sexual neutrality;
6.4Pay due diligence and weight to the cultural backgrounds of its founding members
6.5Allow each of its member’s access to any facility under its control
6.7Assist its members to participate in both District leagues and Regional Competitions, tours and
Exhibitions games
7.Execution of Documents
All powers of attorney, contracts and any other document requiring the signature of the Club, or to be executed on behalf of the Club, save cheque’s drawn on the banking account of the Club, shall be approved by the MANCO of the Club and signed by the two designated signatories as mandated at the AGM.
8.Management
8.1The management of the Club shall rest in the executive committee comprising of MANCO
8.2The MANCO shall comprise of The Chairperson, Vice-Chairperson, Secretary/Treasurer, Technical Manager, Coaching & Player Development, and Marketing & Media liaison portfolios.
9.Members
9.1The Membersto the committee shall be elected every two years at an Annual General meeting or at a special general meeting where a vote of no confidence is called by the affiliated members in good standing convened for that purpose.
9.2.Any office of a Member shall become vacant when the bearer thereof-
9.1.1Dies;
9.1.2Has been removed there from by a majority vote at a special general meeting called for that purpose;
9.1.3Has resigned there from giving 60 days notice in writing to the Club;
9.3If the Member is absent for two consecutive meetings, a written notice calling upon him to attend the third meeting shall be given. Should the member fail to attend the third meeting, he shall be removed from office as a result of absence without leave from meetings of the committee or of a sub-committee to which he has been elected for three consecutive meetings;
9.4Is unable or deliberately fails to carry out his duties.
9.5Has been suspended in accordance with this constitution;
10.Nominations
Nominations of any office of the committee shall -
10.1Be lodged in writing with the secretary at least 14 (fourteen) days prior to the date of the AnnualGeneral Meeting.
10.2Be signed by a proposer
10.3Be signed in terms whereof the nominee accepts the nomination failing so, such nomination shallbe invalid.
10.4.In the event of the committee receiving -
10.4.1 One nomination for any of the office bearers listed in clause 8, such nominee shall be
appointed to the office for which he was nominated.
10.4.2 Where two or more valid nominations for any one office bearer listed in clause 8, the election ofthe office bearer shall be made at the Biannual General Meeting or at a Special GeneralMeeting called for the purpose of selecting the committee or any office falling vacant by vote.
10.4.3 If valid nominations are received, no nomination will be accepted from the floor.
11.No Nominations Received
11.1 If no nominations are received in writing, nominations shall be accepted from the floor.
11.2 If no valid nomination as listed in paragraph 8 is received for any or all of the office bearer 14 days prior to the AGM or SGM, the nomination of any office bearer may be accepted from the floor provided thatsuch nomination is voiced by aproposer and seconded, and accepted by the nominee.
12.Office Duration
The MANCO shall hold office for two years.
13.Other Committees
The Club shall nominate members from its Executive to hold position on the Provincial & National Structures
Records of all such meetings will be approved at the AGM or SGM and minutedaccordingly.
14.Commissions
14.1 The Technical Manager shall be nominated by the Technical Commission which should comprise of a Classification manager, Table Officials and Referees representative and shallmake affiliation to WBSA Technical Commissions with representation;
14.2 The Coaching & Development Manager shall be nominated by the Coaching Commission and shall make affiliation to WBSA Coaching Commissions with representation.
15.Power Of Executive
The executive shall have the power -
15.1to make and pass rules, regulations and by-laws for the control, administration andpromotion of wheelchair basketball within the area and amongst the districts provided such rulesand by-laws are not in conflict with the rules and by-laws of any governing body towhich the Club is affiliated as long as it is not policy changes;
15.2To accept affiliation from any and all members;
15.3To organize control and administer its members into leagues, competitions, exhibitions and tours;
15.4 To investigate, adjudicate and decide upon matters of behaviour discipline, interpretation of rules, complaints by club members and the public at large and such matters as may be referred to the Club by districts and the public
15.5To select team and technical representatives to represent the Club in competitions, exhibitions and tours both national and international, and to appoint coaches, manager’s and captains of such team; through the Technical & Coaching Commissions.
15.6 To hire facilities to give effect to any league, competition, exhibition or tour that may bearranged from time to time and to pay for the hiring thereof;
15.7 To inspect grounds, equipment and facilities of clubs and to grant or refuse approval for the
playing of League, competitions, exhibitions or tours thereon; on refusal, the committee shall investigate the reasons and shall endeavour to improve the facilities;
15.8 To purchase, lease or otherwise acquire any movable or immovable property or any interesttherein and if necessary to dispose of same;
15.9 To raise funds or borrow from a legitimate financial institute as may be needed from time to time for special purposes or in furtherance of the objects of the Club; and invest or use such fund’s of the Club as may be deemed necessary by the board; furthermore to institute such corporate governance in order to facilitate all financial transactions.
15.10 To review any decision of a district submitted to it by the club or member;
15.11 And generally to do all things that may be necessary to give effect to the objectives of theClub as enumerated herein.
16.Decisions of the Committee
Decisions of the committee shall be binding on the club and its members thereof, provided thedecisions of the committee are not in conflict with the laws and by-laws of any controlling body to which the Club is affiliated to
17.Sub-Committees– Commission meetings
17.1.The committee is empowered to delegate all or some of its powers to sub-committeesconsisting or not or co-opt more members of the committee from time to time.
17.2.When a member of a sub-committee ceases to be a member of the committee, his positionshall be reviewed by the committee and at its ensuing meeting may call for the election ofanother office bearer
17.3A sub-committee shall keep minutes of its meetings, record copies thereof and shall submit such records to the Manco within 7days of such meetings.
17.4The sub-committee shall report its findings and/or recommendations and/or decisions to thecommittee within the time limits set down by the committee as so requested.
17.5The first meeting of any sub-committee shall be held within a time period stipulated by thecommittee.
18.Decision by the Chairman and Committee
18.1.In the event of doubt and dispute as to the interpretation and/or meaning of any clause of the constitution, rules, regulations and/or by-laws, the two-thirds majority decision of the MANCOshall be final and binding.
18.2.No decision of the committee shall be varied, altered or amended, added to or rescinded unless at the ensuing meeting of the committee such variation, alternation, amendment, addition ordecision is agreed to by a two-thirds majority of those present.
19.Honouree Life Membership
The position of the HonoureeLife president, is an honorary position bestowed on a Member whom has achieved outstanding performances during his term or terms of office and is appointed atthe discretion of the Members present.
20.The Chairman
The chairman shall -
20.1convene or cause a meeting to be convened;
20.2preside at all committee, general and special meetings;
20.3sign the minutes after their adoption;
20.4 ensure that the meeting is properly constituted, including the presence of a requisite quorum;
20.5follow the previously prepared agenda;
20.6determine the order of precedence of speakers;
20.7allow a point or order or personal explanation to be heard forthwith;
20.8prevent irrelevant discussion or tedious repetition.
20.9preserve order and control the meeting; and
20.10adjourn a meeting
20.11Handle all media and marketing affairs
21.The Vice Chairman
21.1The vice-chairman shall deputize for the chairman when the chairman is unavailable or unableto attend any committee, general and/or special meeting.
21.2The vice-chairman shall be responsible for the organization of the women’s & junior basketball teams
22. The Secretary
The secretary shall -
22.1Issue notices of meeting’s;
22.2Prepare the agenda for each meeting;
22.3Attend all Club and committee meetings;
22.4Keep a proper record of all business transacted at such meetings;
22.5Perform all such acts and duties as are required in this constitution by the secretary;
22.6Keep and maintain the minutes of all meetings and circularize copies thereof to all clubs within 7working days;
22.7 Keep a record of attendance at all meetings;
22.8 And generally attend to all correspondence and perform the duties pertaining to a secretary or such other or further duties, as the committee shall require.
22.9Shall together with the his / her assistants be responsible for the distribution of notices with regards league games and fixtures and to do and perform all such duties asmay be necessary to ensure the smooth and efficient running of such league attendance, required of seniorleague clubs, teams and players
23.Treasurer
The Treasurer and Secretarial position may be as one and shall –
23.1Attend all Club, committee and sub-committee meetings such he may be required toattend on the instructions of the chairman;
23.2Maintain and keep proper books of account;
23.3Be responsible for all monies collected on behalf of the Club;
23.4Submit unless otherwise requested to do so, financial statements of each monthly meeting ofthe committee as may be required.
23.5Submit at the Biannual General Meeting, a duly audited statement of the revenue and expenditure.
23.6And generally perform the duties of a treasurer and such other duties as he may be required to perform by the committee.
24.Coaching & Development Manager
The coaching manager shall
24.1 Be elected from the Coaching Commission which must comprise of the Senior, Women and Junior Coaches and liaise between & behalf of the Commission on the Executive
24.2 Be responsible for the development and implementation of training criteria and playing methodswithin the CLUB and liaise with the coaching director of WBSA Provincial Structures.
24.3Be a member of the selection committee as elected by the committee from time to time and may submit the names of deserving players for inclusion in the regional playing squad.
24.4Such nominations must be supported by the latest game statistics of the player for a reasonable period of number of games, club and provincial, together with any other information or recommendation which may assist the coaching director and selection committee in their assessment of the player's capabilities;
24.5Attend to the development and improvement of training and playing methods within WBSA provincial structures.
24.6 Give his attention to the improvement of playing facilities where possible and equipment and submit a report on his activities, planned and progress to each meeting of the committee as well as the Biannual General Meeting, and special general meetings;
24.7Attend to the training and preparation of Coaches by selected criteria as defined by the Commission in conjunction with technical & development on names of coaches whose lack of progress, attention, enthusiasm of discipline warrant their dismissal from the Commission and recommend coaches for such teams for appointment by the committee;
24.8Submit names of coaches for grading each year.
24.9Budget a special financial allocation to the office each year to provide the means of his displacements for the express purpose of carrying out the duties as set out above. The amount budgeted will depend on the funds available in the club and will render at each meeting of the committee, together with his progress report, a detailed account of all expense properly supported by documentation.
24.10 The committee shall have the right at any time to cancel the balance of any part or whole of the allocation voted to the office of the coaching director if it should find that the funds are being used for reasons other than the pursuance of his duties as set out above; and
24.11 Maintain regular contact with the club coaches, coaches of member associations &commissions, the technical panel and will disseminate information and material throughout the club.
25.The Technical Officer
The development office shall -
25.1be elected by the technical commission and be responsible for the classification and technical enhancement of the team members.
25.2 Subject to written authorization by the committee, establish technical development programs, set upstructures and do all that which may be necessary to develop the game in conjunction with Coaching and run at least four clinics within the year with its playing and coaching members
26.Banking Account
26.1A banking account shall be opened in a banking institution in the name of the Club and shall be operated on the cheque signed by any two of the members nominated as signatories
26.2.All cheque drawn in favour of the Club shall be validly endorsed in the name of the Club by the treasurer for credit of the account of the Club.