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Tuesday, February 20, 2018

CONSTITUTION of KWAZULU NATAL SQUASH UNION

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Constitution of Kwa-Zulu Natal Squash Union

1. NAME - The name of the association is "KWAZULU NATAL SQUASH UNION".
   
2. CONSTITUTION - This document is the constitution of the KwaZulu Natal Squash Union, which association is the successor in title to:
2.1 the Natal Squash Union; and
2.2 The Natal Squash Rackets Association; and
2.3 The Natal Squash Rackets Federation; and
2.4 The Natal Women's Squash Rackets Association; and
2.5 The Durban Squash Union.
   
3. DEFINITIONS - The following words and expressions shall have the following meanings unless the subject or context indicates otherwise:
3.1 "CLUB" means any squash club, including any sub-club or sub-section of a club which, either itself or through the main club of which it is a section, caters for the playing of squash and is affiliated to the Union;
3.2 "COMMITTEE" means the body of persons duly elected or appointed as such in terms of this Constitution;
3.3 "CONSTITUTION" means this Constitution;
3.4 "HONORARY LIFE MEMBER" means any person nominated as such by the committee and ratified by the AGM in terms of paragraph 10.3 hereof;
3.5 "MEMBER" means a club as defined in paragraph 3.1 hereof;
3.6 "ORDINARY MEMBER" means any person who is a member of a club;
3.7 "KWAZULU NATAL" means the geographical area contained within the provincial boundaries of KwaZulu Natal as demarcated in terms of the South African Constitution from time to time;
3.8 "SQUASH S.A." means Squash South Africa of which body of this Union is an ordinary member;
3.10 "UNION" means the KwaZulu Natal Squash Union.
   
4. INTERPRETATIONS
4.1 The headings to the clauses or paragraphs of this Constitution are for descriptive purposes only and shall not be used in the interpretation thereof.
4.2 Unless the context indicates the contrary:
4.2.1 the singular shall include the plural and vice versa;
4.2.2 the masculine includes the feminine and vice versa.
   
5. CORPORATE PERSONALITY - The KwaZulu Natal Squash Union:
5.1 is a voluntary association;
5.2 has its own corporate legal persona separate from that of its members;
5.3 has perpetual succession, notwithstanding any change in the composition of its membership from time to time.
   
6. MEMBER'S LIMITED LIABILITY
  The liability of any member or ordinary member shall be limited to the sum of the monies owing by it/him to the Union by way of subscription or otherwise.
 
7. JURISDICTION
  The area of jurisdiction of the Union is KwaZulu Natal (excluding Midlands {Pietermaritzburg} which has been separately constituted since 1995).
 
8. HEADQUARTERS
  The headquarters of the Union shall be at Durban.
 
9. OBJECTS
  The objects of the Union are to:
9.1 promote, encourage, develop, regulate and administer the game of squash within KwaZulu Natal in accordance with sound business and financial principles and in accordance with the principles of non racialism, by which is meant that race, ethnicity and nationality shall not be a basis for discriminating against or of affording privileges to any person or group of persons;
9.2 be committed to and accelerate the promotion, expansion and development of squash amongst the socially and economically underprivileged;
9.3 act as the central authority in all matters connected with the Union and playing of squash in KwaZulu Natal;
9.4 organise, promote and supervise league, championship and tournament squash play in KwaZulu Natal, or delegate these functions whenever appropriate;
9.5 affiliate to Squash South Africa and be bound by its constitution, rules and directives;
9.6 uphold and enforce the rules of Squash as prescribed by the World Squash Federation (or its successor);
9.7 encourage and promote the highest standards of sportsmanship and good fellowship by all players of the game of squash under its jurisdiction;
9.8 uphold and enforce any code of conduct approved by the World Squash Federation (or its successor);
9.9 associate itself with all other lawfully constituted associations and organisations whether within or without the area of jurisdiction of KwaZulu Natal;
9.10 raise income by subscriptions or otherwise;
9.11 acquire and alienate by lawful means, movable and/or immovable property;
9.12 borrow money;
9.13 carry on a public benefit activity, not for profit, which qualifies for the purposes of Section 18A of the Income Tax Act 1962 as defined in Section 30 (1) of the said Act;
9.14 carry out at least 85% of the Union's activities in the Republic of South Africa.
   
10. MEMBERSHIP
  Membership of the Union shall be held by:
10.1 clubs as defined in paragraph 3.1 hereof;
10.2 ordinary members as defined in paragraph 3.6 hereof;
10.3 honorary life members, being persons who have rendered exceptional services to the game of squash in KwaZulu Natal and whose nomination and appointment is effected in the manner prescribed in paragraph 3.4 hereof.
   
11. TERMINATION OF MEMBERSHIP
  Membership of the Union of any ordinary member may be terminated by:
11.1 resignation from his club;
11.2 his lawful expulsion from the club;
11.3 disciplinary action under paragraph 18 of this Constitution.
   
12. COMMITTEE
12.1 The committee shall comprise the following persons:
12.1.1 Chairperson (who shall not be permitted to serve in this capacity for more than three (3) years, whether consecutive or otherwise); However if at the end of the incumbent Chairman’s 3 year period he/she can be re-elected for a further two (2) year period by majority of show of hands at the AGM – this would be on the recommendation of the majority of the current elected KZN Squash Committee.
12.1.2 Vice Chairperson;
12.1.3 Treasurer;
12.1.4 Squash manager, whose office includes the portfolio of Secretary.
12.1.5 One delegate representing each of the following specialised portfolios:
12.1.5.1 Public Relations/Sponsorship;
12.1.5.2 Development (upon the establishment of a KwaZulu Natal Development council recognised by Squash SA, the chairperson of the such council shall ex officio hold committee membership under this portfolio);
12.1.6 Durban League convenor;
12.1.7 Coaching / Selection / Ladder member;
12.1.8 Tournament member;
12.2 The Squash Manager / Secretary, who shall exercise no voting right, shall be a committee employee and not an elected officer;
12.3 All committee members (save for the squash manager/secretary and the Development council chairman referred to in – see 12.1.5.2), shall:
12.3.1 be appointed by election at the AGM;
12.3.2 be ordinary members of the union through membership of a club;
12.3.3 hold office until the following AGM;
12.4 No remuneration shall be paid to any committee member, employee, member or other person which is excessive having regard to what is generally considered reasonable in the squash sector;
12.5 The Chairperson, Vice Chairperson and Treasurer shall in terms of Section 30(3)(b) of the Income Tax Act of 1962 be the three (3) persons, not connected persons in relation to each other, who shall accept the fiduciary responsibility of the Union, it being recorded that no single person directly or indirectly controls the decision making powers relating to the Union.
   
13. COMMITTEE MEETINGS
  Committee meetings shall be regulated by the following procedures:
13.1 a meeting shall be held not less than once every month to attend to the ordinary business of the Union;
13.2 written notice of each ordinary meeting, shall be delivered to each member by the secretary, not less than seven (7) days prior to that meeting;
13.3 the written notice shall include the following information:
13.3.1 the Agenda;
13.3.2 the time, date and venue of the intended meeting;
13.4 a quorum shall comprise four (4) voting committee members in attendance;
13.5 if, within half an hour of the appointed commencement time, a quorum is not present, the meeting shall stand adjourned to the same day in the following week, at the same time and venue, and if then a quorum is not present within half an hour of the appointed commencement time, those persons present shall constitute a quorum;
13.6 the chairperson or the vice-chairperson, in the formers' absence, may convene an extraordinary meeting on not less than forty eight (48) hours notice if, in his judgment, business of such an urgent nature has arisen to warrant same;
13.7 a quorum for urgent meetings shall comprise three (3) voting committee members in attendance;
13.8 the secretary shall record and within seven (7) days deliver to all committee members comprehensive and accurate minutes of the proceedings of all meetings;
13.9 the inadvertent omission to give any committee member notice of a meeting shall not invalidate any resolution passed at any such meeting;
13.10 voting shall be by a show of hands unless otherwise determined by the chairperson;
13.11 in the case of any equality of votes, the chairperson shall exercise a casting vote.
   
14. COMMITTEE'S POWERS AND DUTIES
  The committee shall:
14.1 do all in its discretion necessary to promote the objects of the Union describedin paragraph 9 hereof;
14.2 establish any necessary sub-committee and:
14.2.1 appoint the members to serve thereon;
14.2.2 define its terms of reference;
14.2.3 regulate matters of financial expenditure and other aspects of its mandate;
14.3 employ, spend or otherwise apply monies so as to serve the best interests of the game of squash and the advancement and/or development of individual squash players;
14.4 act as final arbiter in all disputes and other matters arising out of the game of squash under its jurisdiction;
14.5 levy subscriptions and fees as may be required to meet the expenses and carry out the business of the Union;
14.6 appoint selectors with powers to select teams to represent the Union;
14.7 decide upon the colours and emblems of the Union and who shall be entitled to wear them;
14.8 operate a banking account in the name of the Union and deal with all cheques and other negotiable instruments in respect thereof, provided that no cheque may be issued unless signed by not less than two (2) members of the committee duly authorised thereto;
14.9 appoint competent delegates to represent the Union at all meetings convened by Squash South Africa;
14.10 enter into any contract necessary to give effect to the objects of the Union;
14.11 acquire by purchase, exchange, hire, donation, lease or otherwise movable and immovable property of all kinds;
14.12 use the funds of the Union solely for the objects for which it was established and pending such usage to invest such funds with a financial institution as defined in Section 1 of the Financial Services Board Act of 97 of 1990, or in securities listed on a stock exchange as defined in Section 1 of the Stock Exchanges Control Act No. 1 of 1985;
14.13 institute, conduct, defend, compound or abandon any legal proceedings by or against the Union;
14.14 employ, suspend, dismiss and remunerate employees, consultants and experts;
14.15 make and pass rules or regulations, with or without penalties, for the attainment of the objects of the Union;
14.16 in its discretion establish and contribute to pension, gratuity and medical funds for the benefit of its employees and/or their dependents;
14.17 invite the patronage of any person or persons as it may consider advisable;
14.18 insure against loss, damage, risk and liability of all kinds.
   
15. ANNUAL GENERAL MEETING
15.1 an annual meeting of the Union shall be held not later than the 30th day of November in each year;
15.2 not less than fourteen (14) days prior written notice shall be delivered to each club specifying the time, date and venue of such meeting;
15.3 in addition to the written notice each member shall receive simultaneously therewith the following documents:
15.3.1 an Agenda;
15.3.2 minutes of the previous AGM;
15.3.3 minutes of any intervening general meeting;
15.3.4 financial statements for the financial year just ended;
15.3.5 a copy of any resolution framed for debate and decision;
15.4 twenty one (21) delegates present with voting authority shall constitute a quorum;
15.5 voting shall be:
15.5.1 by a show of hands; and
15.5.2 on the basis of simply majority, with the chairperson to exercise a casting vote in the event of deadlock;
15.6 all members shall be entitled to appoint a delegate(s) to attend the AGM and speak thereat;
15.7 the following persons shall be entitled to vote at the AGM:
15.7.1 all incumbent committee members, (secretary excluded);
15.7.2 the duly appointed delegates of each club who shall produce written proof of their authority if so required by the chairperson. Each club shall, subject to a minimum of one (1) and a maximum of four (4), be entitled to appoint one (1) delegate for every five (5) league teams registered in its name with the Union ; If the Chairperson of a club entitled to vote cannot attend the AGM, he/she must give his/her written approval to registered member(s) of his/her club to represent the club in the voting process. Those registered members of the club must be present in person at the AGM in order to vote on the club’s behalf. A written proxy vote on behalf of an absent Club Chairperson, whose registered members are also not present at the AGM with his/her written approval, is considered null and void;
15.8 the business to be transacted at an AGM shall be to:
15.8.1 read and confirm the minutes of the previous AGM and any intervening general meeting and consider any matters arising therefrom;
15.8.2 receive and consider the chairperson's annual report;
15.8.3 receive and consider the treasurer's annual report;
15.8.4 consider, reject or adopt with or without modification the financial statements for the most recent financial year;
15.8.5 receive and consider a list of all nominated candidates for election to the positions of Honorary, President, Chairperson, Vice-Chairperson and all other committee positions;
15.8.6 elect the committee for the ensuing year;
15.8.7 consider and vote upon any resolution referred to on the agenda;
15.8.8 discuss and consider any other matter, which the chairperson in his discretion may initiate or permit;
15.9 if within half an hour of the appointed commencement time a quorum is not present, the meeting shall stand adjourned to the same day in the following week at the same time and venue, and if then a quorum is not present within half an hour of the appointed commencement time, those persons present shall constitute a quorum.
   
16. OTHER GENERAL MEETINGS
16.1 a special general meeting shall be convened:
16.1.1 upon receipt by the secretary of a written requisition calling for same signed on behalf of no less than five (5) clubs; or
16.1.2 if the committee requires one.
16.2 Written notice of any general meeting shall (save for dissolution purposes – see paragraph 26 hereof) be delivered to each member and committee member not less than fourteen (14) days prior to the meeting;
16.3 The notices shall specify:
16.3.1 the time, date and venue of the meeting; and
16.3.2 the purpose of the meeting, including the full text of any draft resolution to be submitted for consideration thereat;
16.4 the relevant provisions of paragraph 16 hereof shall regulate all procedural matters at general meetings such as:
16.4.1 the right to attend and speak;
16.4.2 quorum;
16.4.3 voting;
16.4.4 postponement.
   
17. REPRESENTATIONAL COLOURS AND BADGES
17.1 the Union colours are black and white;
17.2 the Union badge shall be any design approved from time to time by the committee;
17.3 the Union pocket badge shall bear underneath it in white, the words "KwaZulu Natal Squash" supplemented by representative designations determined by the committee from time to time;
17.4 the Union tie and cravat shall be black with the Union badge worked in white thereon, in a design that has been approved by the committee;
17.5 ONLY:
17.5.1 persons who represent the Union in the recognised annual inter-provincial squash tournament; and
17.5.2 administrators or officials specifically authorised thereto by the committee shall be entitled to wear the appropriate Union badge.
   
18. DISCIPLINE
18.1 on receipt of a written complaint from any source regarding the conduct of any member, club or person under the Union's jurisdiction the committee shall, if it deems it to be justified, appoint an ad hoc disciplinary sub-committee to convene and conduct a hearing in terms of the Squash South Africa Code of Conduct;
18.2 the disciplinary sub committee shall comprise the following members:
18.2.1 the League Convenor and/or the Chairman of the KZN Squash Union (chairperson);
18.2.2 the KZN Squash Manager;
18.2.3 one (1) committee member (only if either the League Convenor or the Chairman of the KZN Squash Union are not available);
18.3 written notice of any hearing shall be delivered to the complainant and the accused, which notice shall:
18.3.1 specify the time, date and venue of the hearing; which must be held within 14 days of the complaint and
18.3.2 provide full particularity as to the allegations of misconduct on the part of the accused;
18.4 in order to promote a fair and objective hearing:
18.4.1 the earliest practicable date for the hearing shall be set;
18.4.2 the accused shall be entitled to legal representation;
18.4.3 the complainant shall be obliged to testify and may call and lead in evidence any supporting witnesses(s);
18.4.4 the accused shall be entitled to give evidence and call as many witnesses as he deems necessary;
18.4.5 cross examination of all witnesses shall be permitted;
18.4.6 both parties may present argument at the conclusion of the evidence;
18.4.7 a proper written record of the proceedings shall be made are made at the end of the hearing. Should any judgment on the accused be deemed necessary this is done in terms of the SA Squash Code of Conduct;
18.4.8 If the complainant and/or the accused wish to appeal the judgment passed down by the Chairman in Clause 18.4.7 then the matter is referred to Arbitration as per Clause 27
   
19. FINANCE
19.1 the financial year of the Union shall run from the 1st day of October to the 30th day of September;
19.2 the treasurer shall keep and maintain a proper set of books and accounts to record accurately all the Union's financial transactions;
19.3 the Union's financial statements shall each year be timeously prepared for submission to the AGM;
19.4 the chairperson and treasurer of the Union shall, ex officio, serve as trustees of the KwaZulu Natal Trust Fund;
19.5 the Union shall timeously submit the required annual income tax returns with relevant supporting documentation;
19.6 the Union shall not use its resources or permit its resources to be used directly or indirectly to support, advance or oppose any political party;
19.7 the Union shall not distribute its funds to any person other than in the ordinary course of the public benefit activity undertaken by it, and shall utilize its funds solely for the objects for which it has been established;
19.8 no donation shall be acccepted which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility thereof in terms of Section 18A of the Income Tax Act: provided that a donor (other than a donor which is an approved public benefit organisation or an institution, board or body which is exempt from tax in terms of Section 10 (1) (cA) (i) which has as its sole or principal object the carrying on of any public benefit activity) may not impose conditions which could enable such donor or any connected person in relation to such donor to derive some direct or indirect benefit from the application of such donation;
19.9 the Union shall, within such period as the commissioner for the South African Revenue Service may determine, register in terms of Section of Section 13(5) of the Non-Profit Organisations Act No. 71 of 1997 and comply with all requirements imposed under the said Act;
19.10 the Union shall not carry on any business undertaking or trading activity, otherwise than to the extent that:
19.10.1 the gross income derived from all such business undertakings or trading activities do not in total exceed the greater of:
19.10.1.1 15% of the gross receipts of the Union; or
19.10.1.2 R25 000,00;
19.10.2 the undertaking or activity is:
19.10.2.1 integral and directly related to the objects of the Union;
19.10.2.2 carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost and which would not result in unfair competition in relation to taxable entities;
19.10.3 the undertaking or activity, if not integral and directly related to the object of the Union as contemplated in 19.10.2.2, is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation;
19.10.4 the undertaking or activity is approved by the Minister by notice in the Gazette having regard to:
19.10.4.1 the scope and benevolent nature of the undertaking or activity;
19.10.4.2 the direct connection and inter relationship of the undertaking or activity with the purpose of the Union;
19.10.4.3 the profitability of the undertaking or activity;
19.10.4.4 the level of economic distortion that may be caused by the tax exempt status of the Union carrying out the undertaking or activity.
   
20. SUBSCRIPTIONS
20.1 the committee shall levy an annual subscription payable by each member and ordinary member of the Union;
20.2 acting on the recommendation of the treasurer with due regard to the annual budget, the committee shall fix the annual subscription;
20.3 the annual subscription shall be due and payable on the 30th day of April each year;
20.4 any annual subscription, or portion thereof, that is unpaid as at the 30th day of April shall attract penalty interest calculated at the rate of 20% per annum from due date to date of payment;
20.5 any member indebted to the Union in respect of subscriptions or penalty interest thereon, beyond the 30th June, shall be permitted to continue playing league fixtures but shall receive penalty points equal to any points achieved for each and every fixture until payment in FULL is effected. Points lost in this manner by the affected teams may not be reclaimed once payment is effected.
20.6 any member indebted to the Union in respect of subscriptions or penalty interest thereon, at the date of any general meeting or prize giving function, shall not be entitled to have any representation thereat.
   
21. INDEMNITY
  All office bearers, committee members, servants, agents and persons acting on behalf of the Union in terms of this constitution are indemnified against any claim by any third party as a result of any act of omission in the performance of their duties from whatever cause arising provided that such person acted in good faith.
   
22. HONORARY PRESIDENT
22.1 in recognition for administrative service and devotion to the cause of squash in KwaZulu Natal, the committee shall each year nominate and the AGM approve the appointment of an Honorary President;
22.2 the Honorary President shall be entitled to attend and speak at any meeting but shall have no voting right.
   
23. MEDIA STATEMENTS
  No person other than the chairperson, vice-chairperson and the public relations committee member shall undertake media interviews, make press releases or issue statements on behalf of the Union without the prior consent of the chairperson.
   
24. AMENDMENT OF CONSTITUTION
  This constitution may be amended at any general meeting provided that:
24.1 all members receive not less than thirty (30) days prior to the meeting, a copy of the full text of the proposed amendment; and
24.2 not less than 75% (seventy five per centum) of those present and authorised to vote at the meeting vote in favour of the proposed amendment; and
24.3 a copy of all constitutional amendments is promptly submitted to the commissioner for the South African Revenue Service.
   
25. DISSOLUTION OF THE UNION
25.1 the Union may be dissolved and liquidated if at a general meeting 75% (seventy five per centum) of those present and authorised to vote, resolve in favour thereof;
25.2 notice of such general meeting shall be:
25.2.1 delivered to all clubs and to Squash South Africa not less than thirty (30) days prior thereto;
25.2.2 accompanied by an Agenda, which shall include the following items for debate and settlement:
25.2.2.1 the effective date of dissolution;
25.2.2.2 the appointment of a liquidator;
25.2.2.3 the nomination of any similar public benefit organisation within the Republic of South Africa which has been approved in terms of Section 30 of the Income Tax Act for the purposes of Section 18A of the said Act, to receive any surplus funds and assets after settlement of all debts;
25.2.2.4 the appointment of a treasurer to liaise with the liquidator on behalf of the Union.
   
26. INTEPRETATION OF THIS CONSTITUTION
  Any dispute concerning the interpretation or application of any of the provisions of this constitution shall be resolved by:
26.1 the committee; or
26.2 the Chairperson in the context of a general meeting.
   
27. Should any member be dissatisfied with the decision or ruling of the committee or Chairperson in a general meeting, the matter shall within fourteen (14) days be referred to The KZN Squash Union Arbitration Committee (made up of at least three people, one of whom must be a Past Chairman of KZN Squash) for resolution through mediation or arbitration in terms of the Rules and Procedures for the Resolution of Disputes in Sport.
  
  
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