CONSTITUTION OF W C CANOE UNION

1.           Name

The name of the Union is WESTERN CAPE CANOE UNION.

2.           Definitions

2.1             "Club" means a club affiliated to the Union.

2.2             "Club member" means a member of a club.

2.3             "Registered paid-up member" means a club member registered with the union.

2.4             "Registered paid-up club member" means a registered club member whose fees to his/her club and to the Union are fully paid.

2.5             “CSA” means Canoeing South Africa.

3.           Juristic Person

The Union is a juristic person with full legal capacity.

4.           Territory

The Union operates principally in the western part of the Cape Province.

5.           Objects

The objects of the Union are to:

·        serve as an amateur sport body,

·        foster, promote and administer kayaking and canoeing, and

·        maintain affiliation with CSA, co-ordinate its activities with those of CSA, and abide by and enforce the rules and regulations of  CSA.

6.           Management

The Union is managed and controlled by:

·        General Meetings

·        the Executive Committee

·        the Management Committee, and

·        the Officials Committee

7.           General Meetings

7.1             The highest authority vests in General Meetings;

7.2             Life-members, registered paid-up club members and members of the Officials Committee may take part in General Meetings.

8.           Right to vote at General Meetings

8.1             A life-member has one vote;

8.2             A club has one vote for every 20 registered paid-up club members or part thereof, with a maximum of 5 votes.  The number of registered paid-up club members are taken as at the close of the last financial year of the Union.  Each vote of a club must be cast by one of its registered paid-up club members.  Any one club member may not cast more than one vote.

8.3             The Officials Committee has one vote which must be cast by a member of the Officials Committee.

8.4             Every member of the Management Committee has one vote.

9.           Annual General Meetings

9.1             An Annual General Meeting must be held within 60 days after each financial year of the Union.

9.2             Notices of motion to be raised must be in writing and signed by the Chairman or Secretary of a club, or by the Chairman or Secretary of the Officials Committee, or by not less than three registered paid-up club members.  It must reach a member of the Management Committee not less than 14 clear days before the meeting.

10.       Special General Meetings

10.1         A Special General Meeting may be requested by the Executive Committee or by not less than three clubs.

10.2         The request by clubs must be in writing and signed by the Chairman or Secretary of each club.  It must set out the purpose of the meeting and motions to be raised.

10.3         Only business set out in the notice of the meeting is transacted at a Special General Meeting.

11.       Notice of General Meetings

11.1         The date, place and time of General Meetings are determined by the Executive Committee.  In the case of an adjourned meeting, it is determined by the Management Committee.

11.2         Annual General Meetings are convened by the Management Committee by written notice of not less than 21 clear days.

11.3         Special General Meetings are convened by the Management Committee by written notice of not less than 14 clear days.  If convened upon the request of clubs, the notice must be sent within 14 days after the request has been received by a member of the Management Committee.

11.4         An adjourned meeting is convened by the Management Committee by written notice of less than 7 clear days.

11.5         Notice of General Meetings must be sent to life-members, clubs, the Officials Committee and members of the Management Committee.

11.6         The notice must state the place, date, time and business of the meeting.

11.7         Accidental omission to give notice to anyone does not necessarily invalidate the meeting.

12.       Procedure at General Meetings

12.1         Save as provided for in this constitution, the Chairman of a meeting determines the procedure for that meeting.

12.2         No business is transacted unless a quorum was present when the meeting began.

12.3         Ten persons, including at least one member of the Management Committee and registered paid-up club members from at least three clubs, form a quorum.

12.4         If within thirty (30) minutes after the designated starting time a quorum is not present, the meeting, if convened upon the request of clubs, lapses.  Otherwise it is adjourned.

12.5         If within thirty (30) minutes after the designated starting time of an adjourned meeting a quorum is not present, the persons present who may vote form a quorum.

12.6         An adjourned meeting must be held within thirty days after the date of the meeting which was adjourned.

12.7         No business is transacted at an adjourned meeting other than business not finished at the meeting which was adjourned.

12.8         Meetings are chaired by the Executive Chairman.  If he is not available, it is chaired by the Executive Vice-chairman.  If he is not available, the persons present who may vote, elect one of their number as chairman of that meeting.

12.9         A resolution put to the vote is decided on a show of hands, unless a poll is requested.

12.10    A poll may be requested by the Chairman at any time or by at least three persons who may vote before the declaration of the result of a show of hands.

12.11    A declaration by the Chairman that a resolution has or has not been carried and an entry to that effect in the minutes, is conclusive evidence of that fact - without proof of the number of proportion of the votes recorded in favour of or against that resolution.

12.12    All matters, except amendment of this constitution, are decided by a majority vote.  In case of an equality of votes, whether of a show of hands or on a poll, the Chairman has a casting vote.

12.13    No voting is done by proxy or by post.

12.14    If office-bearers are to be elected at a meeting, no amendments of this constitution shall be dealt with at that meeting prior to the election of the office-bearers.

13.       Executive Committee

13.1         The Executive Committee, subject to the direction and control of General Meetings, is responsible for all matters not dealt with by General Meetings.

13.2         The Executive Committee has the following powers, in addition to powers conferred upon it elsewhere in this constitution:

·        to make by-laws, which may not be inconsistent with this constitution

·        to appoint sub-committees for any purpose

·        to delegate powers and assign tasks to any person or committee

·        generally to do all things necessary or proper incidental to the management and control of the Union.

13.3         The Executive Committee consists of:

·        four standing members;

·        one member from the Officials Committee;

·        one registered paid-up club member from each club.

13.4         The standing members are the Executive Chairman, Executive Vice-chairman, Executive Treasurer and Executive Secretary.

13.5         The standing members are elected annually by the Annual General Meeting to hold office until the next Annual General Meeting.

13.6         If the office of a standing member becomes vacant, the Executive Committee appoints a substitute to hold office until the next Annual General Meeting.  For this purpose, persons may be co-opted as standing members.  A substitute for the office of Executive Chairman may not be a co-opted standing member.

13.7         Only a registered paid-up club member may be elected or co-opted as a standing member.

13.8         A standing member who fails to attend three consecutive meetings of the Executive Committee without leave of absence must, unless he explains his absence to the satisfaction of the Executive Committee, forthwith vacate his office.

13.9         A standing member may be requested by the Executive Committee to forthwith vacate his office should he be found by the Executive Committee to be guilty of misconduct or serious neglect of his duties.

13.10    A standing member may take part, but not vote, at meetings of committees of which he is not a member.

14.       Right to vote at Meetings of the Executive Committee

14.1         A club has one vote for every 20 registered paid-up club members, or part thereof, with a maximum of five votes.  The number of registered paid-up club members are taken as at the close of the last financial year of the Union.

14.2         The Officials Committee has one vote.

14.3         Every standing member has one vote.

15.       Notice of Meetings of the Executive Committee

15.1         The date, place and time of meetings of the Executive Committee are determined by the Management Committee.

15.2         A meeting of the Executive Committee may be requested by not less than three clubs.

15.3         Meetings are convened by the Management Committee.

15.4         Notice of meetings must be given to clubs, the Officials Committee and standing members.

15.5         Accidental omission to give notice of a meeting to anyone does not necessarily invalidate that meeting.

16.       Procedure at Meetings of the Executive Committee

16.1         Save as provided for in this constitution, the Chairman of a meeting determines the procedure for that meeting.

16.2         No business is transacted unless a quorum is present.

16.3         Five members, including at least two standing members, form a quorum.

16.4         Meetings are chaired by the Executive Chairman.  If he is not available, it is chaired by the Executive Vice-Chairman.  If he is not available, the members present elect one of their number as chairman of that meeting.

16.5         All matters are decided by a majority vote.  In case of an equality of votes the Chairman has a casting vote.

16.6         No voting is done by Proxy or by post.

17.       Management Committee

17.1         The Management Committee, subject to the direction and control of General Meetings and the Executive Committee, is responsible for all matters not dealt with by General Meetings or the Executive Committee or assigned by General Meetings or the Executive Committee to another person or committee.

17.2         The Management Committee consists of the standing members of the Executive Committee.

18.       Officials Committee

18.1   The Officials Committee, subject to the direction and control of General Meetings and the Executive Committee, is responsible for all matters regarding the administration and control of races not dealt with by General Meetings or the Executive Committee or assigned by General Meetings or the Executive Committee to another person or committee.

18.2   The Officials Committee consists of four standing members, being a chairman, vice-chairman, secretary and treasurer, and as many other members as the Officials Committee may consider necessary.

19.     Clubs

19.1   Applications by clubs for affiliation to the Union are approved by the Executive Committee.

19.2   The fees for and terms and conditions of affiliation are determined by the Annual General Meeting.  The procedure for affiliation, save as provided for in this constitution, is determined by the Executive Committee.

19.3   Unless its affiliation fees to the Union are fully paid, a club has no votes at General Meetings or meetings of the Executive Committee.

19.4   A club must comply with all rules and regulations of CSA and the Union.

19.5   A club must, upon request by the Executive Committee or Management Committee, furnish any relevant report or information required for any purpose of CSA and/ or the Union.

20.     Club Members

20.1   Applications for registration of club members with the Union are approved by the Management Committee.

20.2   The fees for and terms and conditions of registration of a club member with the Union are determined by the Annual General Meeting.  The procedure for registration, save as provided for in this constitution, is determined by the Management Committee.

20.3   Only registered club members may take part in official national races. All WP paddlers must register before Marina da Gama race. Only a registered paid-up club member may be a member of any team representing the Union.

20.4   Registered club members must comply with all rules and regulations of CSA and the Union.

20.5   A registered club member must, upon request by the Executive Committee or Management Committee, furnish any relevant report or information required for any purpose of CSA or the Union.

21.     Life Members

21.1   Life membership of the Union may be awarded to persons in recognition of their services rendered to the sport of kayaking.

21.2   The system of awarding life membership and nominations for life membership is approved by the Annual General Meeting.

22.     Colours

22.1   The official colours of the Union and the system of awarding colours are approved by the Annual General Meeting.

22.2   The award of colours to any person must be approved by the Executive committee who may refuse it for any reason which it deems proper.

23.     Finance

23.1   The financial year of the Union is determined by the Executive Committee.

23.2   The Management Committee is responsible for the administration of the finance of the Union.

23.3   Proper records must be kept of all income and expenditure and assets and liabilities of the Union.

23.4   Unless otherwise decided by the Executive Committee, payments are made by cheque signed by any one member of the Management Committee.

23.5   The opening or closing of any bank account and any transfer or withdrawal (except by cheque) from such account, is authorised and signed by two members of the Management Committee.

23.6   The financial records of the Union are audited if so decided by the Executive Committee.  The auditors are appointed by the Executive Committee.

24.     Appeal

24.1   A person may appeal to the Executive Committee against any decision of any club, committee or office-bearer or official.

24.2   An appeal must be accompanied by a fee and, according to the procedure, determined by the Executive Committee from time to time.  This fee is refunded if the appeal is upheld.

24.3   The decision of the Executive Committee is final and binding.

25.     Interpretation

          The interpretation by the Executive Committee of any provision of this constitution or any rule or regulation of the Union is final and binding.

26.     Amendment

          This constitution may be amended by a General Meeting, provided that:

26.1   a proposed amendment is set out in the notice convening the meeting, and

26.2   the amendment is carried by not less than two-thirds of the votes.

___________________

CHAIRMAN

28/11/2004 updated