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CONSTITUTION OF THE WAHOO SKI-BOAT CLUB

DEFINITIONS

In this constitution, unless the context indicates to the contrary;

1.     The “Club” shall mean WAHOO SKI BOAT CLUB;

2.     The “Association” shall mean GAUTENG DEEP SEA ANGLING ASSOCIATION;

3.     “Member Body/Bodies” shall mean the members of the association being the clubs within the Gauteng Province having the philosophy and objectives similar to SADSAA and being recognized or qualify as a club in terms of the rules and regulations of SADSAA;

4.     “Member” shall mean a member of the Club being the boat owners and interested members of the public;

5.     “Council” shall mean the Council of the Association as constituted in the Constitution of Gauteng Deep Sea Angling Association;

1.      CONSTITUTION OF THE CLUB

       (a) There shall be constituted a club to be styled the “Wahoo Ski-Boat Club”, hereinafter referred to as the Club.

       (b) The Club shall be a club with legal personality capable, in its own name, of sueing and being sued, and of

            otherwise acquiring, holding, letting and alienating property, movable or immovable, any interest therein or

            any other interests.

2.      LIMITATION OF LIABILITY

        The liability of each member shall be limited to the amount of the entrance fee or subscription for which he or

        she is or may be liable in terms of these rules.

3.      HEADQUARTERS OF THE CLUB

        The headquarters of the Club shall be in Krugersdorp or at such place as shall be decided from time to time in

        General Meeting.

4.      OBJECTS

        The objects of the Club shall be:-

         (a) To obtain the support of such persons who are partaking or interested in the sport of amateur off –shore

              angling from ski-boats or other craft and to award them membership;

         (b) To act as a co-ordinating and controlling body on behalf of such members in promoting this type of angling

              sport;

         (c) To promote competence in the handling of ski-boats and other craft, to encourage good seamanship, to

               introduce measures to prevent accidents and to safeguard the interest of members of the public;

         (d) To encourage a high standard in the structural design and building of ski-type boats;

         (e) To co-operate and become affiliated with other clubs, and to negotiate with or enter into agreements with

               local authorities in order to obtain facilities for members;

         (f)  To co-operate with local and other authorities in furtherance of the objects of the club;

         (g) To assist local authorities in times of emergency or as the occasion may demand;

         (h) To promote the conservation of fish and other marine life;

         (i)  To maintain the Club as a non-political body abiding by the Law of the Land and to preserve its amateur

              status and that of its members;

         (j)  To refrain from carrying on any business that has for its object any acquisition or gain by individual members

               of the Club;

         (k) To accept and award such trophies as become available for competition and to issue certificates;

         (l)  To organise angling outings and contests;

         (m)To select suitably qualified anglers to represent the Club in Inter-club offshore angling contests;

         (n) To keep accurate records of fish caught in accordance with the rules of IGFA/SADSAA and to accumulate

              reliable piscatorial information, which shall be available to members, member bodies and any other

              interested bodies;

         (o) To raise funds for the purpose and object of the Club; including for the purpose of sending representative

               teams to angling contests and of such purposes to borrow moneys against security or otherwise and on

               such terms and conditions a may be deemed advisable;

         (p)  To use the revenue and property of the Club from whatever source derived to further the interest and

               objects of the club and for such other purpose as the Club may deem necessary or desirable;

         (q)  To engage the services of such persons, companies or concerns upon such terms and conditions as my be

               deemed expedient;

         (r)  To do all such other things as may be incidental or conducive to the attainment of any of the foregoing

               objects;

          (s)  To liaise and co-operate with all levels of government, private enterprise and other concerned and

                interested bodies for the protection and/or conservation of Marine fish, their habitats and their food on/or

                off sport fishing grounds;

          (t)  To purchase, improve, take on lease or in exchange hire or otherwise acquire any movable and immovable

                property and rights or privileges whatsoever which may be deemed necessary, suitable or convenient for

                the implementation of the objectives of the Association and to sell, let or hire, or otherwise dispose of the

                whole or any part of the assets of the Association for such consideration and upon such terms and

                conditions as the Association may from time to time deem fit;

          (u)  To open and operate banking and saving accounts and any other investment account as may be deemed

                 necessary or requisite by the Association without any limitation;

          (v)   To raise funds for the purpose, philosophy and objectives of the Association as enunciated herein and if

                 deemed necessary, borrow monies against fixed assets and investments of the Association upon such

                 terms and conditions as may be necessary or advisable in the circumstances;

          (w)  To maintain a Constitution in writing which shall in no way conflict with the Constitution of the Association

                 and shall be approved by the Association prior to the adoption thereof by such Member Body;

           (x)  To advise the Secretary of the Association in writing and obtain approval of any proposed amendment to

                  its Constitution and for which proposed amendment prior approval must first be obtained from the

                  Association;

           (y)  To maintain its good financial standing with the Association;

           (z)  To advise the Secretary of the Association in writing of all changes in the appointment of office bearers or

                 delegation of such Member Bodies within 30 (thirty) days of such change occurring;

           (aa)To appoint a delegate and shall forward in writing, the name and address and telephone number of its

                 delegate to the secretary of the Association;

            (bb)To be represented at all Council, Special General and Annual General Meetings of the Association by its

                  delegate.

 

5.         HONORARY PRESIDENTSHIP

Honorary Presidentship of the Club may be conferred on any person during a General Meeting for a period of one year or for any other period as may be agreed upon during such meeting.

6.                 MANAGEMENT AND CONDUCT OF BUSINESS

The business and affairs of the Club shall be managed and conducted by a Committee consisting of the following Office Bearers and Committee Members who shall have full powers to decide all matters on behalf of the Club except in such matters which can only be decided upon during a General Meeting;

(a)          Office Bearers

1.                   A Chairman

2.                   A Vice-Chairman

3.                   An Honorary Secretary

4.                   An Honorary Treasurer

                The Office Bearers shall be elected at such Annual General by secret

               ballot provided that all persons who wish to stand for the relevant

               position be proposed and seconded in writing, together with his/hers

               signature of acceptance of nomination and such written nomination to

               be delivered to the Secretary prior to 7 days before the

               commencement of the Annual General Meeting.


MEMBERS OF THE COMMITTEE

There shall be four Committee Members of whom at least two shall be boat owners.

(b)

The Committee Members shall be elected at each Annual General Meeting by secret ballot provided that all persons who wish to stand for the position be proposed and seconded in writing, together with his/her signature of acceptance of nomination and such written nomination to be delivered to the Secretary prior to 7 days before the commencement of the Annual General Meeting.

(c)         CASUAL VACANCIES

Whenever a member of the Committee:

1.           Resigns as a member by giving written notice to the Chairman.

2.           Absents himself from two consecutive meetings of the Committee without leave;

3.           Is suspended;

4.           Is for any other reason unable to continue as a member of the Committee;

The Chairman shall declare at a meeting that a vacancy has occurred and the remaining Committee Members shall elect a qualified person to fill such vacancy.  A member thus elected shall hold office until the next Annual General Meeting.

(d)        OTHER OFFICIALS

During a General or Committee Meeting any officials, as is deemed necessary, may be elected or appointed and they hold office until the next Annual General Meeting or for such period as may be determined, for example*

1.           Records Officer;

2.           Public Relations Officer;

3.           Anti-pollution Officer;

Any such officer may be called upon to attend a meeting of the Committee and may partake in the proceedings during such meeting.  Unless such officer has also been elected as a member of the Committee, he shall not be permitted to cast a vote.

(e)         DELEGATES

Whenever the club is called upon to send delegates to represent the Club, such delegates shall be appointed by the Committee and may or may not be members of the Committee.

7.           COMMITTEE


The Committee shall meet as and where determined by the Committee from time to time but at least once every three months;  


The quorum for a meeting shall be four.  The Chairman, in his absence, the Vice – Chairman or Acting Chairman, shall have a casting vote.  The decision of the majority shall be binding.  


Except in an emergency, ten days notice of a committee meeting shall be given in writing.


(b)       GENERAL MEETINGS

1.          An annual General Meeting of members shall be held during November of

Each year.

                           

2.          The quorum for a General Meeting shall be 25% but not less than 14

members and the Chairman of the meeting shall have a casting vote.

Except where otherwise stated, the decision of the majority shall be binding.

3.          A notice in writing shall be given not less than 21 days for the purpose of a General Meeting.

4.          The Committee may at any time convene a Special General Meeting.

5.          The Committee shall, on receipt of a requisition from not less than ten

members stating the purpose for which a meeting is requested, convene a Special General Meeting within 30 days of receipt of the requisition. 

6.          At any General Meeting the right of partaking in any discussion or of casting a vote, shall be limited to those members whose subscription

fees have been paid in full for the current financial year.

(c)        SPECIAL PROVISION

In the event of a quorum not being present at any meeting such meeting shall stand adjourned to a week later at the same place and time, and such members as then attend, shall form a quorum.

(8)            PROCEDURE

(a)              The conduct of all meetings of the club shall be in accordance with the normal rules of procedure.

(b)              The Committee shall cause to be kept Minutes of all Meetings of the Club and such Minutes, confirmed by the Committee or by the next Annual General Meeting as the case may be, and signed by the Chairman of the meeting at which the Minutes were considered, shall be prima facie evidence of the correctness of the matters recorded therein.

(9)       POSTAL ADDRESSES

The postal address of the Club shall be that of the Secretary of the Club currently holding office or as may be decided upon by the Committee from time to time.

(10)       FUNCTION OF OFFICE BEARERS

(a)        The Chairman Shall:

1.          Preside as Chairman at all General and Committee Meetings;

2.          Have a casting as well as a deliberative vote at all Committee Meetings;

3.          Have a casting vote only at General Meetings;

4.          Present a report at the Annual General Meeting.

(b)            The Vice-Chairman shall

1.           in the absence of the Chairman, preside as Chairman and then assume the rights of the Chairman as defined;

2.           when attending meetings in his capacity as Vice Chairman, have a

deliberative vote only.

(c)             The Honorary Secretary shall

1.           Keep minutes of the proceedings at all Committee and General Meetings;

2.           Keep and maintain all necessary books and records;

3.           Do, or cause to be done, all clerical work of the Club;

4.           Maintain an up-dated list of individual members and boats from information submitted by members;

5.           Advise all members of General Meetings and all Committee Members of Committee Meetings;

6.           Have a deliberative vote at all meetings.

(d)            The Honorary Treasurer shall

1.           Be responsible for the collection and due administration of all moneys and funds of the Club;

2.           Be responsible for the maintenance of continuously up-dated books of

accounts and documents in respect of any investments held by the Club;

3.           Prepare statements of accounts which shall be properly audited and which shall be circulated to all members present at Annual General Meetings;

4.           Have a deliberative vote at all meetings.

11.          POWERS AND DUTIES OF THE COMMITTEE

The committee shall have power to carry out the objects of the Club in accordance with the Rules and in particular, shall have the following powers:

(a)              To receive, administer and apply the moneys of the Club;

(b)              To open and operate a banking account in the name of the Club;

(c)               To raise, borrow or lend moneys at interest or otherwise, for the

purpose of the club;

(d)              To enter into and sign any contracts or documents in the name of

the Club and to institute, conduct, defend, compound or abandon any legal proceedings by or against the Club;

(e)              To appoint, remunerate and terminate the appointment of

Professional advisers and to employ, remunerate and terminate the employment of any person for the purpose of the Club;

(f)                To make regulations and by-laws governing the members and the conditions under which boats and fishing may be operated;

(g)              To investigate any breach of the Club’s regulations or allegations

of undesirable behavious by a member and to determine what action shall be taken in terms of Rule 14 (b);

(h)              To appoint, discuss and fix honoraria of officials;

(i)                To summons meetings of the Committee and of the Club;

(j)                To deal with the affiliation to and of the club;

(k)              To choose or select members to represent the Club in inter-club angling contests;

(l)                To arrange angling contest, angling outings, social gatherings and functions with the purpose of fund raising or to arrange for the partaking of the Club in any such event;

(m)           To appoint Sub-Committee for any purpose (with powers of co-option) and to delegate to such Sub-Committees any of the functions and powers of the Club;

(n)              To do all such other acts or things as, in the opinion of the Committee, are conducive to the attainment of the objects of the Club.

12.          THE INDEMNIFICATION OF MEMBERS

The Office Bearers of the Club, the Members of the Committee, every employee and the Members of any Sub-Committee appointed by the Committee shall, provided they have acted bona fide, be indemnified by the Club against all proceedings, costs, expenses incurred by reason of any act or thing done in the performance of their duties in connection with the Club.

13.          MEMBERSHIP

(a)              Membership of the Club shall consist of boat owners and

interested members of the public.  There shall be two types of members, all of whom will share the same privileges;

1.           Ordinary Members


                    Members who have obtained membership y paying the

                    Prescribed entrance and annual subscription fee;

2.           Honorary Life Member

Honorary membership may be bestowed by a two-thirds majority during an Annual General Meeting, on persons who have rendered exceptional service to the Club.

(b)              New Members must be proposed and seconded by members and elected by the Committee on a secret ballot by a majority of not less than two-thirds.  The Committee shall not be required to give any reason for the rejection of an application for membership.

              

(c)               Once accepted as a member a new member shall in his own

interest attend at least one lecture on Survival at Sea and the committee of the Club shall arrange for such lectures to be given.

14.          CESSATION OF MEMBERSHIP

(a)              A member may withdraw from membership of the Club on the

giving of written notice of his intention to withdraw from membership.

(b)              If a member fails to comply with any regulation or by-law

Promulgated in terms of these Rules, of if a member is reported to have conducted himself in a manner detrimental to the interests of the Club or its members, he may, at the discretion of the Committee, be called upon to appear before the Committee which shall have power, in the event of his refusing to appear or in the event of their verdict after investigation being that of guilty,

1.           Caution him;

2.           Suspend his membership for a stated period or;

3.           Expel him from membership of the Club.

(c)               Every member of the club is expected to report to the

Committee any case of misconduct by a Member of the Club.

                                


15.          ENTRANCE FEES

(a)              All new members admitted in terms of Rule 13 (b) shall pay an

entrance fee of ____________ on application.

(b)              The dependent of a member, who becomes a member, shall not

be required to pay an entrance fee.

16.          SUBSCRIPTION FEES

(a)              Subject to the provisions of paragraph  (b) and (c) of this rule

Every member of the Club shall pay an annual subscription of ______________ on or before the first day of____________

of each year.

(b)              A member who joins during the first half of a financial year shall

pay the full subscription and a member who joins during the second half of a financial year shall pay one-half of the annual subscription.

(c)               The dependant of a member shall pay a subscription of _______

on condition that general notices of the Club only be forwarded to such members who have paid the subscription provided for in rule 15 (a)

             

(d)              If a member fails to pay his annual subscription on due date he

shall be notified in writing of his failure and if, within 30 days thereafter he has still not paid, he shall cease to be a member of the Club.

(e)              A member who has lost membership in terms of paragraph (d)

above may be re-instated by the Committee without loss of privilege on the payment of the subscription and provided that he gives an explanation of his failure at the earliest possible date which is considered satisfactory by the Committee.

(f)                A member who has lost membership and who has been refused

re-instatement by the Committee in terms of paragraph (e) of this rule shall not again become a member of the Club unless he is re-admitted as a new applicant.

17.          REPRESENTATION AND NEGOTIATION

No representation to, or negotiations with any public authority or body or any persons or body of persons, shall be made or carried on in the name and on behalf of the Club without authority of a Committee or General Meeting.

18.          AMENDMENTS TO CONSTITUTION

No alteration, amendment or addition to this Constitution shall be made except at a General Meeting, which alteration, amendment or addition shall be referred to the Secretary of the Association in wring and which approval shall be first had and obtained prior to adoption at a General Meeting.

Due notice shall be given together with full details of any amendment.

No such alteration or amendment shall be adopted unless two-thirds of these present and entitled to vote at such meeting shall vote for its adoption.

19.          FINANCE/ ACCOUNTS

(a)              All moneys belonging to the Club shall be either banked to the

credit of the Club with its appointed Bankers, or deposited with a registered Building Society or invested in accordance with a resolution passed in Committee or General Meeting.


(b)              Payments may only be made against vouchers.  All cheques must

bear 2 of 3 signatures of persons nominated and approved of by the Committee.

(c)               The financial year of the Club shall be 1st October to 30th

September.

(d)              The Committee shall cause full and true accounts of the Club to

be kept.  Such accounts to be balanced and audited as at 30th September of each year.

(e)              Any balance of revenue over expenditure may be placed to a

Reserve fund.  The Committee may invest the funds of the Club in such manner and in such securities as it may determine.

(f)                All property, funds and other assets shall be held in the name of

         Club.

20.          DOMICILLIUM

For all purposes arising out of this Agreement, including the giving of notices and the serving of legal process, the Association, the Club and each member chooses their domicilium citandi et executandi as follows:

(a)      The Association: to be designated at the first meeting of the Annual General Meeting;

(b)     The Club: at the headquarters of the club in Krugersdorp or at such place as shall be decided from time to time in the General Meeting;

(c)      Each Member: at the physical address of members nominated by them from time to time;

provided that the Association, The Club or any member may at any time by notice change his domicilium citandi et executandi to some other address, which new address shall be in the Republic of South Africa and shall not be a Post Office Box or post restante; and provided further that such change shall become effective only fourteen (14) days after receipt of the notice.

21.          GENERAL

(a)              In case of doubt as to the exact meaning of the rule, the

Interpretation of the Committee shall be binding.

(b)              The Club may be wound-up by resolution of not less than 75%

of members who are personally present at a Special General Meeting of which at least 60 days clear notice has been given.  The members shall appoint three liquidators and, in the event of a surplus existing after payment of all the liabilities of the club, such surplus shall be disposed of as agreed by the said General Meeting.