|
CONSTITUTION OF
ACTION KORFBALL SOUTH AFRICA
|
I N D E X
1. NAME
*2. AIM
*3. MEMBERSHIP
*3.1 GENERAL MEMBERSHIP
*3.2 HONORARY MEMBERSHIP
*
4. POWERS
*5. INDEMNITY 4
6. FINANCIAL YEAR
*7. AKSA MEETINGS
*7.1 COMPOSITION OF THE GENERAL MEETINGS
*7.2 GENERAL MEETINGS
*7.3 SPECIAL GENERAL MEETINGS
*7.4 NOTIFICATION OF MEETINGS
*7.5 AGENDA FOR ANNUAL GENERAL MEETING
*7.6 AGENDA FOR BIENNIAL GENERAL MEETING
*7.7 AGENDA FOR BI-ANNUAL GENERAL MEETINGS
*7.8 CHAIRPERSON OF THE MEETINGS
*7.9 QUORUM
*7.10 VOTING AT MEETINGS
*7.11 WRITTEN RESOLUTIONS
*
8. EXECUTIVE COMMITTEE
*8.1 COMPOSITION
*8.2 ACTIVITIES AND DUTIES
*
9. PATRONS
*10. COLOURS AND EMBLEMS
*10.1 COLOURS
*10.2 EMBLEMS
*
11. SELECTION COMMITTEES
*12. ASSOCIATIONS
*13. COMMITTEES
*14. APPEAL BOARD
*14.1 COMPOSITION
*14.2 ACTIVITIES
*
15. DISPUTE RESOLUTION
*16. GENERAL MATTERS
*16.1 REGULATIONS
*16.2 DISSOLUTION
*16.3 AMENDMENTS TO THE CONSTITUTION
*
The name of the body is ACTION KORFBALL SOUTH AFRICA, hereafter named AKSA.
The aims of AKSA are :
2.1 To affiliate with acknowledged National and International Controlling
Bodies.
2.2 To promote and develop Action Korfball as a sport among all races in
South Africa.
2.3 Endeavour to expand Action Korfball in Schools, Universities, Colleges and
Unions
2.4 To guard and advance, as a matter of priority, the interests of the
Action Korfball players.
2.5 To obtain and apply funds for the advancement of AKSA.
2.6 To ensure that a prohibition of the use of steroids, stimulants or medication
as defined by the Medical Council of the International Olympic Committee
is adhered to.
2.7 To ensure that no discrimination on the grounds of colour, gender, religion
or political association takes place in Action Korfball.
2.8 To maintain uniformity of the AKSA playing rules.
3.1.1 Membership of AKSA may be obtained by the following by way of
affiliation :
3.1.1.1 All Action Korfball Unions
3.1.1.2 AKSA Coaches Association
3.1.1.3 AKSA Referees Association
3.1.1.4 AKSA Schools Association
3.1.1.5 AKSA Students Association
3.1.1.6 AKSA Players Association
3.1.1.7 Any other Association or Body, that in the opinion of the
Executive Committee, can improve the aims of AKSA.
3.1.1.8 Membership, other than honorary membership, is obtained
upon application to and approval by the Executive
Committee. Notice of the approval is given at the next
General Meeting. The documentation prescribed in the
Regulations must accompany the application as well as
payment of the prescribed affiliation fees. Associations
are exempted from affiliation fees.
3.1.2 In the case of an unsuccessful application, moneys must be
refunded and the applicant may re-apply after a period of 6 months
from date of membership refusal.
3.1.3 Persons found unsuitable for membership by the Executive
Committee may in no way be involved with Action Korfball or any
AKSA controlled body.
3.1.4 Unions that apply for affiliation must consist of at least four (4) clubs
each with at least twenty (20) players and must be situated within
the predetermined boundaries as described by the General Meeting
defined in the Regulations.
3.1.5 Persons with outstanding financial obligations towards AKSA may in
no way be involved with Action Korfball or any AKSA controlled
body.
3.2.1 Honorary membership is awarded by the Executive Committee upon
the recommendation of affiliated Unions.
3.2.2 Honorary Members are entitled to the privileges as determined by
the Executive Committee.
3.2.3 The Executive Committee may terminate Honorary Membership for
reasons which in the judgement of the Executive Committee may
harm the sport Action Korfball or any of the aims or activities of
Action Korfball.
All AKSA matters are co-ordinated and administered by the Executive Committee who in turn reports to the Annual General Meeting.
In order to enhance the aims of AKSA the Executive Committee is empowered with the following :
4.1 To appoint representatives or delegates in accordance with the requirements
of such Bodies as referred to in Clause 2.
4.2 To enforce the playing rules as laid down by the AKSA Controlling Body.
4.3 To improve and modify the rules and regulations implemented to co-ordinate
and administrate Action Korfball subject to approval by the General Meeting.
4.4 To formulate, control and modify the format of the different competitions.
4.5 To approve, organise and determine conditions for national and
international tours.
4.6 To obtain, alienate, mortgage, pawn or lease movable or immovable
property of any description or to trade in any legal means with such
property.
4.7 To invest the AKSA funds as it deems fit.
4.8 To, at the discretion of and according to conditions determined by the
Executive Committee, borrow funds from or grant loans to affiliated Unions or Associations and secure such loans by mortgage or any form of security.
4.9 To, at their discretion, grant bursaries or make donations to enhance Action
Korfball.
4.10 To administer any legal business in the interest of AKSA.
4.11 To insure the property of AKSA and to obtain insurance to indemnify AKSA
against any possible claims.
4.12 To implement fund-raising schemes or impose entrance fees to raise funds.
4.13 To raise contracts regarding photography, videos, films, television and radio
programs for any Action Korfball match in order to obtain commission,
royalty or funds.
4.14 To act in accordance with clause 15 of the Regulations regarding
disciplinary matters.
4.15 To hear appeals against rulings of its members with the exception of
suspension and disputes involving Executive Committee members which is
directly referred to the Appeals board.
4.16 To, at any time, demand from any Body affiliated to AKSA insight into their
financial statements and minutes and in the case of it being found
unsatisfactory, call to account the Body or any of its officials.
4.17 To aid and support the attaining and control of facilities to ensure the
enhancement of Action Korfball.
4.18 To employ any legal action to ensure the aims of AKSA are realized.
4.19 To institute and establish development programs.
4.20 To define Union Boundaries.
4.21 To release members of Selection Committees, Associations, Compiled
Committees and Team Managers of their duties for any misconduct,
action or neglect that may harm the aims of AKSA.
5. INDEMNITY
5.1 AKSA shall have a legal personality and will function under the law of
the South African judicial system.
5.2 Every Executive Committee Member of AKSA shall be indemnified by
AKSA against all costs, losses and expenses which he may incur or
become liable for by virtue of any reason or any act or omission in the
discharge of his duties, unless the loss in question is caused by his own
gross negligence, dishonesty or bad faith.
5.3 Executive Committee Members of AKSA shall be indemnified by AKSA
against pecuniary loss sustained by reason of legal proceedings, arising
out of whatsoever cause, instituted against AKSA or against such
Executive Committee Member in his representative capacity, provided
that the indemnity conveyed herein shall not extend to private personal
acts of such Executive Committee Member outside the cause and scope
of his duties.
6.1 The financial year of AKSA shall run from 16 August for one year to 15
August the following year.
7.1 COMPOSITION OF THE GENERAL MEETINGS
7.1.1 General Meetings of AKSA shall consist of the following members
each with a vote after complying with the clauses as set out in the
Regulations.
7.1.1.1 President, who is excluded from the quota for any Union.
7.1.1.2 Three representatives from each affiliated Union.
7.1.1.3 Four representatives of the AKSA Schools Association
with the understanding that two representatives shall
represent the Secondary and two the Primary Schools.
7.1.1.4 Two representatives from each affiliated Association as
determined in clause 3.1 of this Constitution excluding the
Schools Association.
7.1.2 Representatives must present letters of credence, duly signed by an
authorised person, to the Secretary General prior to the
commencement of the meeting.
7.1.3 All representatives with the vote must be registered with their
Union.
7.1.4 The General Meeting, is the highest authority
7.2.1 Two General Meetings will be held annually namely a Bi-Annual General
Meeting before 31 July and an Annual General Meeting or Biennial
General Meeting before 1 December.
7.2.2 The date, time and venue of each General Meeting is determined by the
Executive Committee and it is the duty of the Secretary General to convey
this in writing to all the members at least forty five ( 45) days prior to the
event.
7.2.3 Members of AKSA must inform the Secretary General within forty five (45)
days prior to the meeting of all points for discussion and the Secretary
General must notify each member of such matters twenty one (21) days
prior to the meeting
7.2.4 The agenda for the upcoming General Meetings shall be circulated to all
Unions and Associations (twenty one) 21 days prior to the meeting.
7.3.1 Special General Meetings must be convened by the Executive Committee
in the event of :
7.3.1.1 A written request by 1/3 (one third) of the Executive Committee.
7.3.1.2 A written request by at least 1/3 (one third) of the affiliated
Unions and Associations of AKSA.
7.3.2 Such request must state the reasons as well as the matter to be presented
to the Special General Meeting and must be submitted within twenty one
(21) days after the occurrence or incident.
7.3.3 The requested meeting must be convened within 21 (twenty one) days after
receipt of the written request.
7.3.4 Notification of the aim of the Special General Meeting must be given by the
Secretary General to all the members of AKSA at least fourteen (14) days
prior to the Meeting stipulating the time, date and venue.
7.3.5 No other matter, other than that requested will be dealt with at the Special
General Meeting.
7.4.1 Apart from the requirements contained herein, the notification must also
contain the time, date and venue of the meeting.
7.4.2 In the case of an Annual or Biennial General Meeting the notification must
include :
7.4.2.1 Audited Financial Statements
7.4.2.2 Annual Report.
7.4.2.3 Minutes of previous Biannual General and any Special General
Meetings.
7.4.2.4 Agenda
7.4.2.5 List of points for discussion
7.4.4 Notification must be given to the Executive Committee, Unions
and Associations affiliated with AKSA in a manner prescribed by the
Constitution.
7.5 AGENDA FOR ANNUAL GENERAL MEETING
The duties of the Annual General Meeting are the following :
7.5.1 To discuss and approve the minutes of the previous Bi-Annual General
Meeting and any Special General Meeting.
7.5.2 To receive, consider and approve the Annual Report of the Executive
Committee.
7.5.3 To receive, consider and approve the audited Financial Statement, as
audited by a Chartered Accountant, for the year ending 15 August.
7.5.4 To settle all matters for which notification was given.
7.5.5 To settle all urgent matters for which the complete meeting is required and
has the authority to deal with.
7.5.6 To elect Selection Committees as specified in the Regulations.
7.6 AGENDA FOR BIENNIAL GENERAL MEETING
The duties of the Biennial General Meeting are the following :
7.6.1 Duties as described in clause 7.5.1 to 7.5.5
7.6.2 To elect members of the Executive Committee and Patrons.
7.7 AGENDA FOR BI-ANNUAL GENERAL MEETINGS
The duties of the Bi-Annual General Meeting are the following :
7.7.1 To discuss and approve the minutes of the previous Annual or Biennial
General Meeting and any Special General Meetings.
7.7.2 Points for discussion
7.8 CHAIRPERSON OF THE MEETINGS
7.8.1 The President of the Executive Committee, and in his absence the Vice
President, shall act as Chairperson at all General and Committee Meetings.
7.8.2 In the event of no Chairperson being present or if the Chairperson is not
present after 15 (fifteen) minutes of the time indicated in the notification, the
members present shall nominate a Chairperson from amongst them.
7.9.1 A quorum for all General and Special General Meetings shall consist of the
half (50%) plus one of the representatives of the affiliated Unions
and Associations who must be present in person and shall apply for the
duration of the meeting.
7.9.2 A quorum at an Executive Committee Meeting shall be the half plus one of
the members of whom all must be present in person.
7.9.3 In the event of no quorum present after a half hour of the indicated time as
per the notification, the meeting will adjourn and notification will be served
on all parties concerned for the establishment of a new meeting not sooner
than seven (7) days and not later than fourteen (14) days after the
adjourned meeting. In the event of no quorum being present at the newly
convened meeting after a half hour after the scheduled time the members
then present shall form a quorum or the meeting shall be cancelled. In the
case of a Special General Meeting the meeting is cancelled.
7.10.1 All proposals or nominations must be seconded by a representative of
another Union or an affiliated Association.
7.10.2 At General Meetings voting is done by the show of hands except if the
Chairperson rules or a voting member demands that voting be done by
ballot paper. Voting for persons is done by ballot paper.
7.10.3 An announcement by the Chairperson of the result of the voting by the
show of hands and the record in the minutes of such result is enough proof
of the result of the vote.
7.10.4 In the event of the vote by ballot paper, the Chairperson shall appoint
ballot recorders and their count, announced by the Chairperson, shall be
the result of the vote. The ballot papers shall be open for inspection by all
eligible voters.
7.10.5 A normal majority is required when voting is done for the election of a
person or persons.
7.10.6 All decisions reached by normal majority is binding unless otherwise
specifically stated in the Constitution.
7.10.7 In the event of an equal vote at any Meeting, be it by the show of hands or
ballot paper, the Chairperson of the Meeting shall have the casting vote.
7.10.8 Only those persons entitled to vote that are present, may vote.
A Resolution in writing and duly signed by all the members entitled to
notification of a General Meeting and who have the vote, is just as binding
and effective as if the decision was taken at a General Meeting called and
held.
8.1.1 The Executive Committee is elected for a two (2) year term of office
with a maximum of two (2) persons from a Union and shall
consist of the following members :
8.1.1.1 A President.
8.1.1.2 A Vice-President
8.1.1.3 A Secretary General
8.1.1.4 An Assistant Secretary
8.1.1.5 A Treasurer
8.1.1.6 Three (3) members from Unions.
8.1.1.7 THE Chairperson of each Affiliated Association.
8.1.2 The candidature of persons, including the President,
nominated for the Executive Committee must have the
support of their own Union and at least one other
Union or affiliated Association.
8.1.3 An Executive Management Committee consisting of 5 (five)
Executive Committee Members is appointed by the Executive
Committee to handle urgent matters on a day to day basis. A report
back should be given at the next Executive Committee Meeting.
8.1.4 The Executive Committee appoints from its members specific
persons per office in accordance with the Regulations, clause 8.
The Executive Committee manages AKSA.
8.2.1 The Executive Committee will meet at least four (4) times per annum or at
the request of the President or two members of the Executive Committee.
Decisions at any meeting will be by majority vote. In the case of an equal
vote the Chairperson will have a casting vote.
8.2.2 The activities of AKSA are executed by the Executive Committee who have
the power to fulfil all duties not stipulated in the Constitution as the task of
the General Meeting but to adhere to the stipulations of the Constitution
and such Regulations prescribed by the General Meeting.
8.2.3 All cheques, bills and other negotiable documents as well as all receipts
for moneys paid to AKSA shall be signed, drawn, accepted or endorsed or
otherwise treated, depending on the circumstances, in such a manner as
prescribed by the Executive Committee.
8.2.4 The accounting books must be safeguarded at such location as agreed by
the Executive Committee and must at all times be available for scrutiny by
the Executive Committee.
8.2.5 The Executive Committee must record in the set books the names of the
Executive Committee, Committee members of AKSA and Committee
members of Associations as well as decisions and actions taken at
meetings of AKSA and the Executive Committee.
8.2.6 The Executive Committee must ensure that all correspondence, reports
and documents are secured and kept in good order.
8.2.7 The Executive Committee authorises the payment of travelling and
accommodation costs and or honorarium to any person who acted on
instruction of the Executive Committee.
8.2.8 The Executive Committee must report its actions and submit an Annual
Report and Financial Statements to the Annual or Biennial General
Meeting for its approval.
8.2.9 The Executive Committee will co-opt vacancies on the Executive
Committee which may arise during the course of its term of office as a
result of written resignation or absence without pardon from two
consecutive meetings subject to approval by the General Meeting. A
Special General Meeting must be called in the event of less than a quorum
of the original selected members remaining.
8.2.10 The Executive Committee must, where applicable, co-opt vacancies
on the Selection Committees which may arise during their term
8.2.11 The Executive Committee recommends to the Annual or Biennial
General Meeting on matters relating to special awards like honorary
colours and sport merit awards.
8.2.12 The Executive Committee appoints committees as required and
determines their duties.
8.2.13 The Executive Committee annually appoints Team Managers for
each AKSA team as set out in the Regulations clause 6.2
8.2.14 The Executive Committee approves referees and coaches who are
appointed to represent AKSA
8.2.15 The Executive Committee must ensure that if possible, one of its affiliated
members attend the Annual General Meetings of Unions
and Associations.
9.1 Patrons are appointed by the Biennial General Meeting.
9.2 The duties of the Patrons are the following :
9.2.1 Act as members of the Appeals Board.
9.2.2 Act if General Meeting resolutions are not executed with a report to
the Executive Committee.
9.2.3 Act when the Constitution and Regulations are contravened, with a
report to the Executive Committee.
9.3 The Board of Patrons shall consist of a maximum of five (5) members.
9.4 The services of a Patron shall only be terminated by a General Meeting.
9.5 The Patrons shall not have the vote at any General Meeting.
10.1.1 The colours of AKSA shall be Dark Green.
10.1.2 The criteria for the awarding of colours are contained in the
Regulations.
10.1.3 Written authorisation for the purchase of colours must be given by
the Executive Committee.
The emblem of AKSA shall be :-
The insignia of Africa with a korfball ball and two korfball players holding a
protea.
10.3
The colours and emblem for the National Team shall be as prescribed by the Controlling Body of Sport in South Africa.
11.1 Selection Committees are elected for a two (2) year term of office at the
Annual General Meeting by means of nomination lists as set out in the
Regulations.
11.2 A convenor for each Selection Committee is appointed by the Annual
General Meeting.
11.3 The Selection Committees shall act under the authority of the Executive
Committee. Selected teams are subject to final approval by the Executive
Committee.
12.1 Associations as formulated in clause 3 select their own Committee and is
responsible for their own Constitution. Such Constitution may not be in
conflict with the Constitution of AKSA. Constitutions of Associations are
subject to approval by the Executive Committee.
12.2 Associations must submit an Annual Report to the Executive Committee for
forwarding to the Annual or Biennial General Meeting.
13.1 Committees are constituted in accordance to the Regulations.
13.2 The Committees shall be accountable to and regularly report to the Executive Committee on their activities.
The composition of the Appeal Board shall be the following :
14.1.1 A Chairperson to which both parties agree to and selected from
amongst the Patrons.
14.1.2 Two (2) members to which both parties agree to and selected from
amongst the Patrons.
14.1.3 The two (2) parties each appoint their own representative.
14.1.4 If no agreement can be reached between the two parties all the
members of the Board of Patrons will serve on the Appeal Board. A
Chairperson will be appointed by themselves.
14.2.1 The Appeal Board must: Hear appeals against Executive
Committee verdicts.
14.2.2 The verdict of the Appeal Board is binding and final.
15.1 Any dispute arising out of or in connection with the enforceability of this
constitution, or the application and interpretation of the provisions thereof,
or any dispute between any members of AKSA or between a member and the Executive Committee or AKSA itself, shall be referred to the Arbitration Foundation of Southern Africa (AFSA) for resolution through mediation or expedited arbitration in terms of the Rules and Procedures for the Resolution of Disputes in Sport, prevailing at the time such dispute is so referred. In the event of arbitration in terms of the aforegoing, such resolution shall be final and binding on the parties to the dispute.
16.1.1 The Executive Committee may issue, amend or recall regulations
provided it is not in conflict with this Constitution.
16.1.2 The issued or recalled regulations are legal and binding on all
members until otherwise decided by the General Meeting.
16.2.1 In the event of an affiliated Union or Association deciding
to cease operation or to dissolve, all assets such as trophies,
money and books, must be handed over to AKSA within twenty
one (21) days. Members of the Union or Association Committee
shall individually or collectively be held responsible.
16.2.2 Such assets shall be kept in safe custody for a period of two (2)
years where after it becomes AKSA property. In the case of a
Union or Association reforming after two (2) years, it shall
be left to the discretion of the Executive Committee to return such
assets.
16.2.3 AKSA can only be dissolved by a decision taken at a constituted
General Meeting or Special General Meeting with a four-fifth (4/5)
majority.
16.2.4 At liquidation or dissolvement of AKSA all remaining assets shall
be donated to a body that has the same aims as AKSA and was
predetermined. An internal committee shall be appointed to tie up
the affairs of AKSA.
16.3 AMENDMENTS TO THE CONSTITUTION
16.3.1 This Constitution can only be amended at a General Meeting or at
a Special General Meeting called for the purpose.
16.3.2 Notice of any suggested change, recall or addition to the
Constitution must reach the Secretary General within fory five (45)
days prior to the General Meeting and the Secretary General must
notify all the members of the General Meeting of such change
twenty one (21) days prior to the meeting.
16.3.3 In the event of any suggested change, recall or addition to the
Constitution is to be made at a Special General Meeting,
Notification must be given to the Secretary General who in turn
must convene such a Meeting within forty two (42) days after
receipt of such notification.
16.3.4 A change, recall or addition to this Constitution shall only be legal
and binding if a two third (2/3) majority of the entitled voters
present so vote.