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EDEN
BOWLS
CONSTITUTION
November 2018
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November 2018
EDEN BOWLS CONSTITUTION
Contents Page Preamble 3
Word Interpretation 3
1. Title and legal status 4
2. Objectives (and Standing Committees) 4
3. Jurisdiction 5
4. Council 5
5. Honorary Life Membership 6
6. Composition and Nomination of the Executive Committee 6
7. Voting procedure for Executive 7
8. Casual vacancies and non-performance 7
9. Assumption of Office 8
10. Powers and Functions of Executive Committee 8
11. Anti-Doping 9
12. Clubs 9
13. Council Meetings 10
14. Special General Meetings 10
15. Procedure at Annual General Meetings 11
16. Registration 11
17. Member of Affiliated Clubs 11
18. Subscriptions and Levies 12
19. Special Levy 12
20. Control of Finance 12
21. Disputes 13
22. Appeals 13
23. Disciplinary Committee 14
24. Arbitration 15
25. Eden Bowls Colours 16
26. Notice of Motion 16
27. Liquidation / Dissolution of Eden Bowls 17
28. Additions as required for Non-Profit Organisations 17
29. General 17
30. Selection Standing Committees 18
31. Colours and Trophies Register 18
32 Lines of Communication 19
33 Validation of Eden Bowls Constitution 19
--oOo—
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November 2018
EDEN BOWLS CONSTITUTION PREAMBLE
This constitution does not replace the constitutions of SASCOC, Bowls SA, WCBF or Eden Sports Council. In the event of any discrepancies or differences between this constitution and the constitutions referred to above, the terms, conditions and/or requirements of SASCOC, Bowls SA, WCBF or Eden Sports Council shall apply, and to seek alignment with the WCBF in order to promote and facilitate common goals for all Districts within the Provincial boundaries. This, in no way, supercedes any obligations to Bowls SA as set out elsewhere in this constitution.
In this constitution the use of the male gender shall import the female with the exception of specific male and female matters.
WORD INTERPRETATION.
In this Constitution, unless the context otherwise indicates – 1. “Affiliated club” means a club affiliated to Eden Bowls in terms of clause 2.3;
2. “Affiliation fees” means prescribed fees payable to Bowls SA and to Eden Bowls;
3. “AGM” means an annual general meeting constituted in terms of clause 15;
4. “Appeal” means an appeal lodged in terms of clauses 21.2, 22 and 23.6.3;
5. “Appellant” means a bona fide member or an affiliated club who lodges an appeal in terms of clauses
21.2, 22 or 23.6.3.1;
6. “Body of appeal” means a committee appointed in terms of clause 22.3;
7. “Bona fide member” means a bowler conforming to the requirements of clauses 16.1, 16.2, 16.3, 16.4 and
17;
8. “Bowls SA” means Bowls South Africa;
9. “Club” means any bowling club affiliated to Eden Bowls;
10. “Club Executive” means the Executive Committee of an affiliated club;
11. “Controlling body” means the authority in charge of bowls events as envisage in clause 2.9;
12. “Council” means a body of members constituted in terms of clause 4;
13. “Day” means a working day (Monday to Friday excluding public holidays);
14. “Disciplinary” means to correct or punish alleged breaches of discipline;
15. “Dispute” means a disagreement between two or more parties;
16. “District event” means a bowls competition or championship arranged by Eden Bowls, of which the
latter is the controlling body;
17. “EB” means the Bowls District constituted in terms of clause 1 and affiliated to Bowls SA;
18. “Eden Bowls” as per 16 above;
19. “Eden Sports Council” abbreviated EDENSC;
20. “Exco” means the Executive Committee elected in terms of clause 6;
21. “Laws” means the Laws of the Sport of Bowls (South Africa Edition), including any Domestic and
General Conditions of Play, laid down by Bowls SA, as well as the Etiquette Rules laid down by
Bowls SA;
22. “MANCO” means the management committee of the EB Exco
23. “Member in Default” means a member (bowler) due to non-payment or disciplinary action;
24. “Motion” means a motion for discussion and consideration in terms of clause 26;
25. “National event” means a bowls competition or championship arranged by Bowls SA;
26. “Player” means an individual member of an affiliated club;
27. “Regional event” means the All Cape championship;
28. “Secretary” means the Secretary of Eden Bowls elected in terms of clause 6;
29. “Special General Meeting” means a meeting constituted in terms of clause 14;
30. “Special levy” means a fee payable by clubs and/or bona fide members in terms of clause 19;
31. “Standing committee” means a dedicated committee appointed in terms of clauses 2.6, 30 and 33;
32. “Subscriptions” means fees payable in terms of clause 18;
33. “Western Cape Bowls Federation” abbreviated WCBF and a member of the Western Cape Sport
Confederation.
34. “Zone” means an area within the area of jurisdiction of Eden Bowls which has been demarcated by the
Exco in terms of clause 3.3 and referred to in clause 6.2.6.
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1. TITLE AND LEGAL STATUS
1.1. The association shall be called EDEN BOWLS (abbreviated by the initials “EB”) with Headquarters in the area as determined annually by the EXCO.
1.2. Control over the sport of lawn bowls in the Eden District shall be vested in EB.
1.3. EB is a separate legal entity with power to acquire, to hold and to alienate property of every description whatsoever, and with the capacity to acquire rights and obligations and having perpetual succession.
1.4. All actions or suits, proceeding at law, or any arbitration, shall be brought by or against EB, in the name of EB and the Exco Committee may authorize any person or persons, in writing, to act on behalf of EB, to sign all such documents and to take all such steps as may be necessary in connection with any such proceedings.
1.5. EB will be registered as a non-profit organisation and a public benefit organisation and shall not carry on any business, undertaking or trading activity, save to the extent permitted in terms of section 30 of the Income Tax Act, 1962, as amended. See clauses 2 and 28 below.
1.6. The provisions of this Constitution are founded upon and shall be implemented and administered in the recognition of human dignity, equality and the advancement of human rights and freedoms, non-racialism, non-sexism and the right of freedom of association and the supremacy of the Constitution of the Republic of South Africa (1996), the supremacy of the constitution of Bowls South Africa, and the rule of law and good corporate governance.
2. OBJECTIVES
EB shall promote, advance and administer the game of Bowls (both indoor and outdoor) in that area falling under its jurisdiction without practicing discrimination on the grounds of race, gender, religion or political affiliation. All the activities of the Association (mentioned above) will be undertaken for the sole purpose of not making a profit, and in the furtherance of that objective to:
2.1. Affiliate to BOWLS SOUTH AFRICA, hereinafter referred to as Bowls SA; and to EDEN SPORT
COUNCIL, hereinafter referred to as EDENSC; and to such other provincial/district sporting bodies as may be considered appropriate.
2.2. Seek alignment to the Western Cape Bowls Federation (WCBF) in order to promote and facilitate common goals for all Districts within the Provincial boundaries. This in no way supercedes any obligations to Bowls SA as set out elsewhere in this constitution.
2.3. Accept or refuse application for affiliation from any club and/or member on such terms and conditions as may be considered appropriate.
2.4. Use all available means to promote the sport of bowls in order to create awareness of and participation by all age groups and sectors of the community.
2.5. Consider, deal with and adjudicate upon all matters which may be submitted to EB by its Affiliated Clubs accepted in terms of clause 2.2 of this constitution.
2.6. Appoint any committees, including any Tournament (Event) Organizing-and/or subcommittees as may be required, and any other committee as directed by the EDENSC as well as determining the terms of reference for the operation with a Modus Operandi as determined by the Exco and not restricted to those mentioned in 2.7.
2.7. Appoint the following Standing Committees, after nominations by members, and will include their responsibilities;
2.7.1. Coaches
2.7.2. Technical Officials
2.7.3. Greens
2.7.4. Membership and Marketing / Transformation and Development
2.7.5. Players Representatives
2.7.6. Selection
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2.7.7. Youth (Junior)
2.7.8. Women and Girls Sport
2.7.9. Financial
2.7.10. Standing Committees shall have their Modus Operandi approved by and be responsible to the Exco. Nominations will be requested from the clubs after which the Exco will appoint the committee members and chairpersons.
2.7.11. The Standing Committees must furnish the Exco with an annual programme and minutes of all meetings.
2.7.12. The Standing Committees are entitled to communicate directly with the respective national standing committees but must in all instances copy the Secretary of EB with a copy of their communiqué.
2.7.13. The duties of the committees will be covered in the by-laws.
2.8. Frame and, when necessary, alter and revise and/or rescind the Bye-Laws created in terms of this constitution.
2.9. Arrange for such tournaments/events, championships and area matches as may be considered appropriate.
2.10. The Exco will be the controlling body of a tournament/event unless a Bowls SA tournament/event is allocated to the district where Bowls SA will be the controlling body.
2.11. Enter into any transaction, financial or otherwise, which may deem to be in furtherance of these objectives and to acquire, mortgage or sell movable or immovable property, and to invest its funds.
2.12. To be the official channel of communication between EB, WCBF and Bowls SA.
2.13. Accept and apply the Laws of Bowls as laid down by Bowls SA as final and binding on EB and all clubs under its jurisdiction.
2.14. To take such actions as may be deemed necessary for the furtherance of these objectives.
3. JURISDICTION
3.1. The area of jurisdiction of EB shall be that portion of the Western Cape Province, limited by the
boundaries of the municipal districts of EDEN and represent the following 7(seven) municipalities: see
3.2
• GEORGE
• OUDTSHOORN
• KNYSNA
• MOSSEL BAY
• HESSEQUA
• BITOU
• KANNALAND
3.2. This area may be defined by SASCOC, Bowls SA and EDENSC from time to time.
3.3. The EB district may be sub-divided into Zones of which the boundaries are defined and approved by Council on such conditions as the Exco may recommend.
3.4. EB shall have jurisdiction over any player, playing inside or outside the area of jurisdiction of EB, as defined by Bowls SA.
4. COUNCIL
4.1. EB shall be governed by a COUNCIL hereinafter referred to as “COUNCIL” consisting of:
4.1.1. The elected members of the Executive Committee hereinafter referred to as the “Exco; and
4.1.2. Each club shall be entitled to nominate 2 (two) delegates to represent them at all council meetings including any AGM, SGM or any other meeting constituted by the District. These names of
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delegates will be forwarded to the District Secretary, before any meeting of EB each year. In the event of the delegate not being able to attend the meeting, the Club may appoint an alternate delegate from the designated club to attend the meeting and due notice given to the Secretary of EB in writing, however continuity should be considered for members attending the Council meetings. See 4.3.3.
4.1.3. No proxy votes will be accepted for those not in attendance.
4.2. POWERS AND DUTIES OF COUNCIL
4.2.1. The management, control and administration of EB, its funds, trophies, assets and affairs, will be delegated by Council to the Exco in accordance with clause 10 and other contingencies, as specified by this constitution.
4.3. VOTING STRENGTH OF CLUBS
4.3.1. The differentiating voting strength of each CLUB shall be in accordance with the number of fully affiliated members, excluding dual members, as listed on the Bowls SA data base at 18h00 on the 7th day (seven calendar days) prior to such a meeting as follows:
1 to 60 Affiliated members One vote 61 to 120 Affiliated members Two votes 121 to 200 Affiliated members Three votes Over 200 Affiliated members Four votes
4.3.2. Where there is an equality of votes cast for or against any motion requiring a simple majority the
Chairperson shall have a casting vote.
4.3.3. The Exco won’t have a vote at any AGM/SGM/COUNCIL meetings and may not be appointed by a club as a delegate. (4.1.2)
4.3.4. The official determined voting strength will be validated by the Bowls SA database administrator and circulated to all members the next day. (4.3.1)
5. HONORARY LIFE MEMBERSHIP
Council shall have the right to elect honorary life members on the following basis:
5.1. Any person who has rendered meritorious service to EB may be elected as an Honorary Life Member.
5.2. No person shall be elected as an Honorary Life Member unless he is nominated as such by a member club or the Exco, and he is elected as such by Three-Quarters (75%) of the votes entitled to be cast by those present at the Annual General Meeting, and notice of such nomination is contained in the notice convening the meeting.
5.3. Nomination for the position of Honorary Life President shall be made by the Exco and notice of such nomination shall be contained in the notice convening the Annual General Meeting. There may only be one living Honorary Life President at any one point in time. Should this person pass on the position should be filled at the next council meeting and ratified at the AGM.
5.4. Honorary life members shall take no part in the business or discussion at Council Meetings unless requested to do so by the Chairperson of the meeting, nor have any vote, unless they are also an nominated member of the Council as set out in 4.1.2.
6. COMPOSITION AND NOMINATION OF THE EXCO COMMITTEE
6.1. The Exco shall consist of a maximum of 9 (nine) members. EB will seek to enforce principles of gender and racial equality when electing members of the Exco; who will as a minimum requirement, consist of at least 2 (two) members of the opposite gender and race. Non-compliance with this provision will only be accepted and enforced where no member of the opposite gender or race has been nominated for any position on the Exco.
6.2. Nomination for election
Every 2 (two) years, every affiliated member [Club] shall have the opportunity of nominating 1 (one) or more persons for the positions available and that no more than 2 (two) members from 1 (one) club may serve on the Exco. A member who has been elected as President, Vice President, Secretary, Treasurer and Competition Secretary of EB may not serve on any Club Executive.
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6.2.1. PRESIDENT Who has served a minimum of 2 (two) consecutive years on current EB Exco. Where no nomination(s) are available, Council can prevail upon the incumbent to remain for a further period of 1 (one) year. If no person qualifies for the position, Council may rescind the above and allow nominations of suitable candidates for election at a SGM.
6.2.2. VICE PRESIDENT Who has served on the current EB Exco for 1 (one) completed year as part of term of office. Where no nomination(s) are available, the Council can prevail upon the incumbent to remain for a further period of 1 (one) year at a time. If no person qualifies for the position, the Council may rescind the above and allow nominations of suitable candidates for election at a SGM.
6.2.3. SECRETARY
6.2.4. TREASURER
6.2.5. COMPETITION SECRETARY
6.2.6. 4 (FOUR) ADDITIONAL MEMBERS 3 (three) of the additional members will cover the portfolios as representatives to the Exco of the 3 (three) zones and the 4th (fourth) additional member will be allocated a relevant portfolio of Players Representative.
6.2.7. The same person may be nominated for more than 1 (one) position but shall not be elected to more than 1 (one) position.
6.3. Nomination for election to the Exco shall be made on the official EB form which must be accompanied by the nominee’s curriculum vitae and an extract from the minutes of the Club Executive meeting at which the nominee was decided on.
6.4. Notice inviting nominations shall be served on affiliated clubs by the Secretary at least 60 (sixty) days before the AGM.
6.5. Written acceptance by the nominee shall be in the hands of the EB Secretary not less than 30 (thirty) days before the AGM.
6.6. The Secretary shall distribute nominations together with the CVs to all affiliated Clubs at least 21 (twenty-one) days before the AGM.
6.7. The names of the nominees shall be stated on the agenda for the Annual General Meeting.
7. VOTING PROCEDURE FOR THE EXCO
7.1. Voting shall be by ballot and separate ballots shall be held in the following order:
7.1.1. President 7.1.2. Vice-President 7.1.3. Secretary 7.1.4. Treasurer 7.1.5. Competition Secretary 7.1.6. Other members of the Exco (4 {four}), as per 6.2.6
7.2. Only affiliated clubs in compliance may vote
8. CASUAL VACANCIES AND NON-PERFORMANCE
8.1. If Council becomes dissatisfied with the manner in which any member of the Exco is performing his duty, Council may introduce a vote of no confidence in the form of a SGM in that person to vacate his office.
8.2. Should the President’s position become vacant during his term of office, the Vice-President shall be the acting President until Council can elect a President.
8.3. Should a vacancy occur on the Exco, the remaining members shall decide whether to convene a Special General Meeting to elect a new member or allow the vacancy to remain vacant. The Exco may also decide to co-opt a suitable person to fill the vacancy on a temporary basis until the next election.
8.4. All members of the Exco shall be affiliated members of affiliated clubs and should such member cease to be a member of an affiliated club, he shall ipso facto cease to hold office.
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8.5. Should the entire Exco resign or for any other reason no longer be able to serve, the Honorary Life President will nominate 2 (two) or more Honorary Life Members to ensure that temporary positions are filled so that “day to day” administration can continue and prepare documentation and notice for a Special General Meeting to be held within 60 (sixty) days of the entire Exco resigning.
8.6. Any member of the Exco Committee or Standing Committee who is absent from 2 (two) consecutive meetings of the relevant committee, without an acceptable written reason, will automatically be deemed to have resigned.
9. ASSUMPTION OF OFFICE
The new Exco shall assume office at the closure of the Annual General Meeting and the President shall present the badges of office to the incoming Exco.
10. POWERS AND FUNCTIONS OF THE EXCO
Where the Exco deviates from the time in which to fulfill an obligation, relating to an enactment within a specified time, such deviation may be ratified by Council at the Annual General Meeting or such alternative meeting as may be deemed appropriate by the Exco and no enactment shall be invalid or ultra vires, solely by virtue of such enactment being made outside of the specified time.
10.1. The Exco shall manage the affairs of EB, and act on behalf of the Council and exercise all powers of the Council, on a day-to-day basis between meetings of the Council, to facilitate the smooth running of the affairs of EB. Should urgent interim decisions be made by the Exco these must be ratified at the next Council meeting. (All meetings Exco, Manco and Council)
10.2. The Exco shall at all times abide by the Constitution and shall manage the affairs of EB within the parameters of the financial budget approved by Council at a Council meeting or special general meeting.
10.3. The Exco is empowered to appoint a Public Relation Officer and/or Media Officer, at an honorarium to be decided by Council, who shall attend all Exco and Management meetings but shall have no vote unless he is an elected member of the Exco. The duties and responsibilities of the above shall be determined by the Exco.
10.4. The President, Vice President, Secretary, Treasurer and Competition Secretary will form the Management Committee of 5 (five) members who shall enjoy the powers given to it by the Exco. (Their main objective should be the day-to-day operations of EB. All decisions taken must be ratified by the Exco at the next Exco meeting.)
10.5. The Exco is empowered, in the name of EB, to conduct or defend any legal action in which it may be concerned and to adjudicate upon any matter which may be referred to it. It shall be personally indemnified by EB against expenses that may be incurred in connection herewith.
10.6. The Exco shall be the legal holders of the assets of EB.
10.7. The Exco shall arrange the staging of the various District, Regional as well as National events which may be allocated to EB.
10.8. All members of the Exco shall be accountable to the President.
10.9. The President shall have a casting and a deliberative vote.
10.10. Fifty percent (50%) plus 1 (one) member of the Exco shall form a quorum.
10.11. In the absence of both the President and the Vice-President (which should be avoided if possible), the remaining members shall elect a chairperson from those present, who shall have a casting as well as a deliberative vote.
10.12. Members of the Exco shall not be eligible to act as delegates to Council meetings or Special General Meetings convened in terms of this constitution.
10.13. The President/Vice President may not serve on any of the Standing Committees including Selection.
10.14. Notwithstanding anything herein contained, it is recorded that:
EB income and property are not distributable to its Members or office bearers except as reasonable compensation for services rendered or upon dissolution in terms of this Constitution;
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Members or office bearers have no rights in the property or other assets of EB solely by their being members or office bearers;
EB is a non-profit and public benefit organisation and shall not carry on any business, undertaking or trading activity, save to the extent permitted in terms of section 30 the Income Tax Act, 1962 as amended.
EB shall not have any authority to contract or bind itself, on behalf of any Member or individual;
EB shall not be liable for any debts or other liabilities, whether of a contractual or delictual basis, incurred by any Member or individual;
EB financial transactions shall be conducted by means of a banking account or banking accounts, opened and maintained by the Treasurer, at the direction of the Exco in writing and subject to audit by the appointed auditor(s) from time to time.
11. ANTI-DOPING
EB and its clubs will recognize, accept and enforce the jurisdiction, rules and regulations of the South African Institute for Drug Free Sport (SAIDS), as well as the code of the World Anti-Doping Agency (WADA), including the application of sanctions to individuals, as well as any updates posted on the Bowls SA website from time to time.
12. CLUBS
12.1. All Clubs affiliated to EB shall conform to the requirements and conditions as laid down by Council and administrative procedures necessary for the effective operation of the sport of bowls.
12.2. Application to form a Club:
12.2.1. A Club desiring membership of EB shall submit its application for affiliation to the Exco for approval.
12.2.2. The application shall be accompanied by:
12.2.2.1. A copy of the Club’s Constitution and Bye-Laws, which shall not be in conflict with the objectives of this constitution or the bodies as mentioned in the Preamble.
12.2.2.2. A list of Office Bearers.
12.2.2.3. The required subscription and levies due to both EB and Bowls SA.
12.2.2.4. An entry fee as specified by Council.
12.2.2.5. Full details of proposed colours, flags, pennants and badges. All of which shall not be in conflict with other clubs affiliated to EB.
12.2.3. The following conditions shall also apply:
12.2.3.1. No Club may affiliate unless it has an approved bowling green under its control or has a green under construction.
12.2.3.2. The application for affiliation shall be considered by the Exco which may impose any condition in its discretion.
12.2.3.3. The act of affiliation to EB shall carry with it the obligation to place the club’s greens at the disposal of EB which may use such greens for its purpose as it deems fit.
12.2.3.4. The Exco shall be notified of any amendment to the Constitution of an affiliated club and be provided with copies of all minutes of management meetings and an audited annual financial statement.
12.2.3.5. Members of an affiliated club desiring to form a new club shall only do so if ⅔ (two thirds) of the number of bona fide members of the club votes in favour of such a new club.
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13. COUNCIL MEETINGS
13.1. No fewer than 2 (two) Council Meetings, of which the AGM shall be 1 (one), will be convened each year. 60 (sixty) days written notice shall be given to affiliated clubs to nominate 2 (two) representatives as per clause 4.1.2.
13.2. Fifty percent (50%) plus 1 (one) affiliated clubs (and not voting strength) shall form a quorum at any Council meeting. At any AGM or SGM where constitutional changes will be made, a sixty seven percent (67%) club attendance (and not voting strength) will form a quorum.
13.3. If at any meeting of Council, no quorum is present within 30 (thirty) minutes after the time for which such meeting was called, then:
13.3.1. Should such meeting be the AGM, or a general meeting convened by the Exco, the same shall be adjourned to be held at a time and place to be determined by the delegates and members of Council then present and notice thereof shall be given to all clubs.
13.3.2. Should such meeting be a Special General Meeting convened upon requisition as set out in clause 14, such meeting shall forthwith be cancelled and no further special general meeting for the purpose of considering the same business, as is set out in the said requisition, may be convened for a period of 2 (two) months after the date fixed for the holding of the said special general meeting.
13.4. The business to be conducted at such meetings, excluding Special General Meetings convened in terms of clause 14, shall be:
13.4.1. To report on the activities of the Exco and ratify minutes of all meetings (exco and Council) since last Council meeting and receive progress reports from Clubs.
13.4.2. To consider the Financial Statements.
13.4.3. To consider Notices of Motion and Other Business of which notice has been given.
13.4.4. To determine entry fees payable by each player or team who participate in EB championships and tournaments/events.
13.4.5. To confirm applications from clubs for affiliation as accepted by the Exco.
13.4.6. To confirm any Bye-Laws effected by the Exco.
13.4.7. To consider general matters of interest (of which 10 {ten} days due notice was given) including correspondence.
13.5. The Exco shall determine the order of business to be discussed.
13.6. Copies of the agenda, report of the Exco and financial statements must be e-mailed or posted to all affiliated clubs not later than 30 (thirty) days before the date of the meeting.
14. SPECIAL GENERAL MEETINGS
14.1. A SGM may be convened by resolution of the Exco or upon receipt of a resolution from at least 7 (seven) clubs.
14.2. Upon receipt of a requisition in writing from 7 (seven) affiliated clubs, and within 14 (fourteen) days after receipt of such a requisition, shall convene a Special General Meeting. Such requisition shall state the nature of the business to be considered at the Special General Meeting and no other business shall be discussed.
14.3. The quorum for Special General Meetings shall be Fifty percent (50%) plus 1 (one), but in the case of constitutional changes it will be Sixty seven percent (67%), of affiliated clubs, (and not voting strength), refer 13.2.
14.4. Should a quorum not be present 30 (thirty) minutes after such time as the Special General Meeting was called, the meeting shall be cancelled as set out in clause 13.3.2.
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15. PROCEDURE AT ANNUAL GENERAL MEETINGS
15.1. The Annual General Meeting, of which not less than 90 (Ninety) days’ written notice has been given to all affiliated clubs, Honorary Life Members and members of the Exco, shall be held no later than 15 July of each year.
15.2. Quorum at Annual General Meetings: Sixty seven percent (67%) of affiliated clubs shall form a quorum at any Annual General Meeting. If within 30 (thirty) minutes of the time for which the Annual General Meeting had been convened, a quorum is not present, proceed as set out in clause 13.3.1.
15.3. The business of the Annual General Meeting shall be to:
15.3.1. Read the notice convening the meeting.
15.3.2. Receive delegates’ credentials (and announcing the voting strength).
15.3.3. Read and confirm the minutes of the last Annual General Meeting and any Special General Meetings and to deal with the business arising therefrom.
15.3.4. Receive a report from the President.
15.3.5. To consider honorary life Members as may be proposed by Member Clubs or The Exco. (5.2)
15.3.6. To consider Notices of Motion to be submitted to the Annual Council Meeting of Bowls SA.
15.3.7. Consider and adopt the Annual Report and Audited Financial Statements.
15.3.8. Approve the estimate of income and expenditure (budget) for the ensuing year.
15.3.9. Appoint an auditor.
15.3.10. To confirm Honoraria.
15.3.11. To consider annual subscriptions as well as competition and other fees/levies payable to EB.
15.3.12. Consider motions of which due notice has been given.
15.3.13. Consider amendments to the Constitution of which due notice has been given.
15.3.14. Elect Honorary Members.
15.3.15. Elect the Exco Officers for the ensuing year as per clause 7.
15.3.16. Present badges of office to the Exco for the ensuing year.
16. REGISTRATION
16.1. Every bona fide member (bowlers) as defined in clause 16.2, shall be registered by his club with EB.
16.2. A member shall be deemed to be bona fide if he is an honorary life member with full privileges, or an ordinary member liable for full subscriptions, and not in default regarding outstanding membership fees.
16.3. Members in default, life or ordinary members not enjoying full privileges, country members or members of similar status, shall not be regarded as bona fide club members.
16.4. Any bona fide member who is or who becomes a member of more than one affiliated club, may play championship bowls and competitions arranged by EB during the current playing year for the club of his choice for that event or series, but may submit only 1 (one) entry through 1 (one) club for that event.
16.5. The names of all new members being registered by a club after 1st January of a year shall be forwarded to EB together with all levies due immediately after acceptance by the club committee.
16.6. Failure to register any member shall debar such member from participating in any District, Inter-District, Regional or National Tournament/event or any bowls event staged by an affiliated club.
16.7. No affiliated club or member shall participate in any bowls event staged by a non-affiliated club.
17. MEMBER OF AFFILIATED CLUBS
17.1. Application for club membership shall be made to the club on the form prescribed by Bowls SA.
17.2. Any admission of such membership, in contravention of these provisions, shall be null and void.
17.3. A junior member shall be a person under the age of 18 (eighteen) years and still a registered scholar (learner) at a school, registered on the Bowls SA database with a zero-affiliation fee. This will be the
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case at EB as well. He shall be subject to any relevant Clause in his Club Constitution pertaining to participation in bowls at club level as junior member. He will be eligible to participate in EB competitions.
17.4. No member of any club without a valid Bowls SA membership Card, shall be allowed to play in any EB competitions, matches, tournaments/events or sponsored events by clubs. Refer clause 16.6.
17.5. No application for membership may be refused on the grounds of race, gender, religion, political views or any other discriminatory reason as defined in the Constitution of South Africa.
17.6. Clubs must report to the EB Exco, in writing, any disciplinary action taken against any of its members. The District will advise all other clubs and Bowls SA of such matters and a defaulter at 1 (one) club is considered a defaulter at all clubs.
17.7. Such suspended club member shall be regarded as a “Non Bona-Fide” member during the period of his suspension.
17.8. Players/participants of the EB district shall be subject to and bound by, the same provisions of this constitution irrespective of the fact that such player/participants may be participating in an event outside the area of jurisdiction on the Eden District.
18. SUBSCRIPTIONS AND LEVIES
18.1. Each affiliated club shall be liable for and shall pay EB in respect of each of its bona fide members, the amounts fixed from time to time at the EB AGM and by Bowls SA and shall be for the period 1 January to 31 December of the year concerned.
18.2. In respect of each new member registered, each affiliated club shall be liable for and shall pay to EB the amount payable as was determined at the EB AGM and Bowls SA respectively.
18.3. Each Club shall advise EB, in writing, of the names of its members in default of payment of such fixed amount, who shall not be entitled to participate in any competition or fixture of EB or Bowls SA or any affiliated club in South Africa.
18.4. Should such levies not be paid to EB by the due date as determined by Council, all rights and privileges of the defaulting club (and/or member as may be determined by EB, in its sole discretion) shall be suspended as long as the levies remain outstanding.
18.5. Any member being a member of another District and has any form of membership in Eden, will also be liable for District affiliation fees.
19. SPECIAL LEVY
19.1. Council shall have the right to impose a special levy upon clubs and/or members as may be necessary to meet special circumstances.
19.2. The amount of such levy shall be subject to review, on the notice of motion at any Council Meeting.
19.3. Should any special levy, referred to in 19.1, not be paid by the due date as determined by Council, the defaulting club or member, as the case may be, shall forfeit all privileges provided for in this Constitution until such time as payment has been received by EB.
20. CONTROL OF FINANCE
20.1. The financial year shall be from 1 April in one year to the end of March the next year.
20.2. All monies received on behalf of EB shall be paid into an account in the name of EB in such registered financial institutions as considered by the Exco and ratified at the next Council meeting.
20.3. All accounts shall be passed, or payment confirmed by the Exco.
20.4. The Exco shall have the power to invest any funds of EB, not immediately required, in any registered financial institution as defined in section 1 of the Financial Services Board Act 97/1990 or in securities listed on the stock exchange as defined in section 1 of the Stock Exchanges Control Act 1/1985), and to allocate separate funds for such purpose as may be deemed necessary.
20.5. The treasurer shall be empowered to draw petty cash up to such maximum amount as the Exco may decide.
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20.6. All cheques/electronic banking and/or other documents which require the signature of EB shall be signed by any 2 (two) of the President or the Vice President and the Treasurer (of which the treasurer should preferably be 1 (one).
20.7. The Exco may authorise the use of alternative methods of payment (e.g. electronic transfer) provided that the security procedures are adequate to prevent unauthorised payments.
20.8. The cost of travelling and reasonable expenses shall be paid by EB in respect of delegates appointed to attend General Meetings of Bowls SA as well as the Exco and Standing Committee members on official business of EB.
20.9. A suitably qualified person/body shall be appointed as an auditor at the AGM whose duties shall be to examine the accounts, vouchers and records of EB and to report on such examinations to EB. The report shall be presented to the clubs 14 (fourteen) days prior to the AGM.
21. DISPUTES and GRIEVANCES
21.1. All matters other than disciplinary matters (disputes/grievances) arising between a club and a member shall in the first instance be heard and determined by the club concerned in terms of its constitution. Should the member not be satisfied, an appeal may be lodged to the Exco in terms of clause 22 within 14 (fourteen) days.
21.2. All matters of dispute arising between 2 (two) or more clubs shall in the first instance be heard and adjudicated upon by the Exco and if not resolved to the satisfaction of all parties concerned be referred to Bowls SA. Should any club not be satisfied with the ruling given by the Exco, it may appeal to Bowls SA within 14 (fourteen) days of receipt of the notification of the outcome.
22. APPEALS ON DISPUTES and GRIEVANCES
22.1. The aggrieved party/parties (21.1), not being satisfied with the decision of the club, shall have the right of appeal to the EB Exco. Such appeal shall be forwarded, in writing, to the secretary of EB within 14 (fourteen) days after receiving the decision of the club and shall reflect the decision concerned and the grounds for appeal.
22.2. Every appeal to the Exco shall be accompanied with a receipt of the payment of the fee of R1000 (one thousand). The whole or portion of which may, in the discretion of the Exco, be forfeited and paid to the funds of EB, should the appeal not be upheld. In the event of an appeal being upheld, the full amount or portion thereof, as decided by the Exco, shall be refunded to the appellant.
22.3. The EB Exco shall, on receipt of an appeal, appoint a Body of Appeal within 14 (fourteen) days of receipt of the said appeal. The Body of Appeal shall consist of such body as determined as the Exco determines necessary. Member/s of the Body of Appeal shall be non – Exco member/s. The EB Exco will appoint the chairman of such body who shall have a deliberate and casting vote. The appellant shall be advised of the compilation of the Appeal Board and shall have the right to challenge the compilation of such board. Such challenge must be submitted, in writing, within 3 (three) days of receipt of the names of the board, setting out full reasons for such dispute. In the event of such dispute, the EB Executive will make the final determination of the Body of Appeal being final and binding. The Body of Appeal shall determine a date, time and venue for such hearing of appeal, which will be within 14 (fourteen) days from final date of the appointment of the Body of Appeal.
22.4. The Body of Appeal as well as each party to the proceedings (Appellant and Respondent if any), who may be represented by an affiliated active player, subject to the provisions of clause 23.6 mutatis mutandis, shall have the right to call witnesses and to lead evidence, provided that each witness may be subjected to cross questioning by the Body of Appeal and any other party to the proceedings.
22.5. All parties and witnesses are limited to the subject of appeal and the Chairperson shall not allow any attacks, statements or remarks that are not relevant to the subject of appeal. The Appellant is allowed to offer a replication at the conclusion of the hearing.
22.6. The Body of Appeal may defer its decision for no longer than 24 (twenty-four) hours after the completion of the hearing, where after it shall convey its finding and decision to the Exco for ratification. The Exco will within 24 (twenty-four) hours convey its findings and decision to all parties by recognized correspondence.
22.7. The finding and decision of the Body of Appeal is final and binding on all concerned, except for appeals as provided for by Bowls SA and SASCOC.
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22.8. The Chairperson of the Body of Appeal may allow any person as witness whom he considers to be directly concerned in the matter to provide evidence.
22.9. All deliberations amongst the members of the Body of Appeal shall be in camera and confidential and may not be divulged to any other person other than the Exco when called upon to do so.
22.10. The findings should be corresponded to the relevant parties in writing.
22.11. A club or player who feels aggrieved by the verdict pronounced or punishment imposed by the Appeal Body, which has been ratified by the EB Exco, may within 14 (fourteen) days after notification of the findings of the Body, lodge with the Operations Manager of Bowls SA an appeal, in writing, against such verdict or punishment, stating clearly the grounds therefore, and comply with the requirements as required by Bowls SA.
23. DISCIPLINARY COMMITTEE (appointed as required)
23.1. The Exco Committee shall appoint not more than 5 (five) members of affiliated clubs to the Disciplinary Committee, 1 (one) of whom shall be appointed as chairperson.
23.2. No member of the Exco Committee may serve on the Disciplinary Committee.
23.3. If a vacancy occurs on the Disciplinary Committee, the Exco Committee shall fill the vacancy.
23.4. Any disciplinary hearing shall consist of a chairperson and at least 2 (two) members, who shall not be members of the club/s concerned in the matter relating to the disciplinary hearing. These members shall form a quorum for the purposes of that particular hearing.
23.5. The Chairperson of the Disciplinary Committee shall have a deliberative as well as a casting vote.
23.6. DISCIPLINARY PROCEEDINGS
23.6.1. CLUBS
23.6.1.1. If the Exco Committee has reason to believe that any affiliated club has infringed any provision of the Constitution or By-laws or that it has ignored or disregarded any directive of EB, it may issue a notice calling on the President, or his accredited representative, of the club concerned to appear before the Disciplinary Committee on a date, and at a time and place indicated in the notice, which notice shall be served on such President, or his accredited representative, personally or by means of electronic media.
23.6.1.2. Such notice shall:
23.6.1.2.1. set out full details of the charge leveled against the club concerned;
23.6.1.2.2. advise the addressee that he will be afforded every opportunity to defend the club at the hearing inter alia by questioning witnesses who will testify at the hearing, by calling witnesses and submitting documents in defense of the club and personally testifying before the Committee or addressing the Committee; and
23.6.1.2.3. advise the addressee that he may be represented at the hearing by any person qualified to practice law. The same will apply to the Disciplinary Committee, however each party will be liable for its own legal costs.
23.6.1.3. At the hearing the Committee shall ensure that the provisions of section 23.6.1.2 are adhered to and that such other measures, as may be deemed necessary, to ensure that the club is given a reasonable and fair hearing, are taken.
23.6.1.4. If deemed necessary, the Exco may appoint any person, to lead the evidence at the hearing and to address the Disciplinary Committee on behalf of EB.
23.6.1.5. The Committee shall pronounce its verdict on the charge against the club within 24 (twenty-four) hours of the conclusion of the hearing.
23.6.1.6. If the club is found guilty:
23.6.1.6.1. The Committee may receive such evidence as it thinks fit in order to inform itself as to the proper punishment to be imposed; and
23.6.1.6.2. The person representing the club may lead such evidence, as may be deemed necessary, in mitigation of punishment.
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23.6.1.7. In conclusion, the Committee may in its discretion recommend 1 (one) of the following penalties to the Exco for ratification or otherwise: (Full report submitted to the Exco with recommendations)
23.6.1.7.1. Caution or reprimand the club.
23.6.1.7.2. Impose a fine on the club, which fine shall be payable to EB within a period determined by the Exco.
23.6.1.7.3. Suspend the club for a certain period, or indefinitely, from taking part in any activities of EB, WCBF or Bowls SA.
23.6.1.7.4. Suspend any punishment envisaged in above for a specified period on such conditions as it may deem reasonable.
23.6.2. PLAYERS
23.6.2.1. Every individual member of an affiliated club (hereinafter referred to as the “player”) who contravenes any applicable code of conduct, rule, by-law, resolution of EB or Bowls South Africa or commits, at or during any activity of EB, any act that is of such a nature that it is likely to bring the sport of bowls or sports persons generally into disrepute, shall be liable for appropriate disciplinary action. EB accepts the code of conduct of Bowls SA as well as the communications policy and where any policy is not included in this constitution, the Bowls SA policy will be accepted.¾
23.6.2.2. If there is reason to believe that any player is guilty of misbehavior in terms of clause 23.6.2.1 the matter must be reported, in writing, to the Secretary of EB, within 14 (fourteen) days after the incident took place.
23.6.2.3. If the EB Exco, after consultation with such player’s club, decides to take action against him, it shall proceed on the lines indicated, mutatis mutandis, in section 23.6.
23.6.2.4. Alternatively, the EB Exco may decide to refer the matter to such player’s club for such steps as it may deem fit.
23.6.2.5. In conclusion of the hearing, the Disciplinary Committee will submit its findings to the EB Exco for ratification or otherwise. Such findings shall include a recommendation on appropriate sanction which may include the following.
23.6.2.5.1. Caution or reprimand the player.
23.6.2.5.2. Impose a fine on the player, which fine shall be payable to EB within a period determined by the Exco.
23.6.2.5.3. Suspend the player for a certain period, or indefinitely, from taking part in any activities of EB, WCBF or Bowls SA.
23.6.2.5.4. Suspend any punishment envisaged in above for a specified period on such conditions as it may deem reasonable.
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23.6.3. APPEALS ON DISCIPLINARY MATTERS (CLUB OR PLAYER)
23.6.3.1. A club or player who feels aggrieved by a verdict pronounced or punishment imposed by the Disciplinary Committee and ratified by the Exco may within 14 (fourteen) days after notification of the findings of the Committee lodge with the Secretary of EB an appeal in writing against such verdict or punishment, stating clearly the grounds therefore together with the payment of R1000 (one thousand). Both the Disciplinary Committee and Club or Player may be legally assisted.
24. ARBITRATION
Should any dispute arise which involves EB, its officials, any clubs affiliated with EB and any officials, players or members who are subject to the rules of this Constitution, pertaining to any matter arising from the interpretation or implementation of the Constitution, or arising from the sport governed by this Constitution, then such dispute shall be referred to the Arbitration Forum of the Western Cape Provincial Government, to be dealt with in accordance with the rules of that Forum.
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The provision of Arbitration Act of 1965 shall apply to such arbitration proceedings, save to an extent modified by the Arbitration Forum rules.
25. EDEN BOWLS COLOURS
25.1. The Exco may, from time to time, determine the conditions pertaining to the granting and wearing of official colours by players or officials, having due regard to the Rules and procedure applicable to the Award of Provincial Colours issued by the authorities from time to time.
25.2. The Exco, with due regard to any directive of the authorities, shall determine the distinctive design of colours to be worn by any player chosen to represent EB or by the Exco members or officials of EB. These colours shall be registered accordingly with the Provincial Sports Council and may not be deviated from, in any way.
25.3. The official colours and insignia of EB shall be:
25.3.1. A sheath of 3 (three) White Ostrich feathers set on a background of BOTTLE GREEN (PMS3305) and DARK BLUE (665) with lettering in WHITE or SILVER (or as decided by the Eden Sports Council).
25.3.2. The EB flag as specified by the Eden Sports Council.
25.3.3. A pocket badge (if applicable) with the words Eden Bowls underneath the design as in 25.3.1.
25.3.4. A blazer, tie, hatband and windbreaker similar in design to 25.3.1.
25.3.5. A metal lapel badge, similar in design and wording to that of the pocket badge.
25.4. The colours and insignia of EB shall be worn exclusively by:
25.4.1. Members of the Exco and Honorary Life Members, denoting the office being held immediately below the badge.
25.4.2. The Exco members relinquishing office shall have the right to wear the EB blazer, tie and metal/plastic badge, provided that the retiring member has served for 2 (two) consecutive or 3 (three) completed years.
25.5. While holding office the Exco shall, in addition to the foregoing wear a metal/plastic badge or pocket badge similar in design to that of the badge mentioned in clause 25.3.3 above, but denoting the office being held viz President, Vice-President, Past President, The Exco, Secretary or Treasurer, as the case may be.
25.6. OFFICIAL FLAG
25.6.1. The official flag of EB shall have the words Eden Bowls appearing immediately below the coat of arms.
25.6.2. The official flag shall be flown:
25.6.2.1. On occasions and at clubs when the President is in attendance in an official capacity.
25.6.2.2. During International, National, Regional, Inter-District and EB tournaments/events.
26. NOTICE OF MOTION
26.1. Any motion to be moved at a meeting of Council shall be submitted in full and exact form in which it is intended and shall be in the hands of the Secretary not later than 45 (forty-five) days before the date of the meeting.
26.2. All motions, of which due notice has been received, shall be circulated to all Clubs 30 (thirty) days prior to the meeting and shall be stated on the agenda for that meeting. Any motion submitted by a Club and of which due notice has been given may be outlined to the meeting by the mover but shall not be discussed at a meeting of Council unless seconded by another Club.
26.3. No previous resolution of Council shall be rescinded unless at least 67% (sixty seven percent) of the total votes represented at the meeting are cast in favour of the rescission.
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27. LIQUIDATION / DISSOLUTION OF EB
27.1. EB shall be liquidated / dissolved at the desire and request of ⅔ (two thirds) of all Clubs affiliated to EB and be decided at a Special General Meeting specially convened for that purpose.
27.2. Upon the liquidation/dissolution of EB, all assets of EB must be converted into cash and all debts and liabilities settled. If after doing this, any assets, property or money should remain, it may not be paid or distributed to members of EB but should be transferred to an Association of persons with similar objectives to those of EB and also registered as a non-profit organization in terms of the Non-Profit Organisations Act 71/1997.
27.3. Not less than 21 (twenty-one) days’ notice shall be given of such meeting and notice convening the meeting shall state clearly the question of liquidation/dissolution of the EB and disposal of its assets will be considered. If there is no quorum at such a General meeting, the meeting shall stand adjourned for not less than 28 (twenty-eight) days and the members of such adjourned meeting will constitute a quorum.
27.4. No financial gain shall accrue to any individual, organization or authority either private or government, without prior approval of Council and the Commissioner for nonprofit organizations.
28. ADDITIONS AS REQUIRED FOR NON-PROFIT ORGANISATIONS
Eden Bowls shall:
28.1. Exist in its own right, separately from its members.
28.2. Be able to own property and other assets.
28.3. Be able to sue and be sued in its own name.
28.4. No monies or property may be distributed to affiliated members or office bearers, except as remuneration for services rendered. Payment must be in accordance with the nature of the work done.
28.5. EB shall continue to exist even when its members or office bearers change.
28.6. Members or office bearers have no legal rights concerning the property or assets of EB.
29. GENERAL
29.1. Members of affiliated Clubs shall be admitted to all General Meetings of EB (except when the meeting goes into Committee) but shall take no part in any business or discussion, nor have any vote.
29.2. A breach of any provision of the Constitution shall render a Club liable to suspension of its privileges of membership.
29.3. The convener (or his deputy) of each Standing Committee shall be admitted to all General, Special, Exco and Council Meetings and shall be entitled to take part in all discussions on matters pertaining to that Standing Committee.
29.4. Reporting
29.4.1. The convener of each Standing Committee must submit written reports to the Secretary of EB as per the discretion of the Eden Exco for any Exco or Council meeting.
29.4.2. Each club must submit written reports on the club’s activities to the Secretary of EB at least 7 (seven) days before any Council meeting.
29.4.3. Minutes of the MANCO, Exco, Council, SGM and AGM will be circulated to all council members within 14 (fourteen) days. It will also be posted on the EB website.
29.5. EB and each of its affiliated clubs, will accept the Code of Conduct, and communications policy as prescribed by Bowls SA and published on their website from time to time.
29.6. EB accepts the Bowls SA policy on sexual harassment
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30. SELECTION STANDING COMMITTEE
30.1. Selection of players to represent EB shall be on merit irrespective of colour, age, political or religious sentiment or views, and with due regard to compatibility.
30.2. The Exco shall appoint 2 (two) Conveners of Selectors, 1 (one) male and 1 (one) female.
30.3. It is imperative that the convener gender corresponds to the gender as implied by the post.
30.4. The convener should not be a current Inter District player or available for selection.
30.5. The Exco will request Clubs to nominate candidates on the prescribed form for appointment as convener. A bowls CV giving full details of qualifications, skills and achievements shall accompany all nominations. Such nomination shall be dealt with according to the club’s constitution and shall be signed by the club and the nominee. Nominees must be experienced players with a proven track record in bowls, a sound knowledge of the game and players.
30.6. Conveners shall hold office for a period of 2 (two) consecutive years and may be eligible for re-nomination. As this is a standing committee, the Exco have the right to terminate services at any time.
30.7. The Exco may, from time to time, issue directives to the Conveners including, but not limited to:
30.7.1. Modus Operandi for selection. Should the Conveners wish to alter or add to the Modus Operandi they may request the changes in writing to the Exco, who upon approving said changes, will issue a new Modus Operandi.
30.7.2. Players who may not be selected are those suspended, not in good standing with their clubs (for either financial or disciplinary reasons), non-conformance with player’s contract, non-payment of player contribution towards district expense, and any other default as determined by the Exco.
30.7.3. Selection policy.
30.7.4. Practice matches.
30.7.5. Trials.
30.8. The Exco, in consultation with the appropriate Convener, shall appoint the following selection panels:
30.8.1. 2 (Two) suitable affiliated members not eligible for selection to select the teams to represent EB per gender.
30.9. Panel members shall hold office for a period of 2 (two) consecutive years and may be eligible for reappointment.
30.10. All selections (including trials, practice matches and any other tournament/event or match) must be approved and announced only by the Exco. Any selection made public by any other means, is not sanctioned and is subject to change by the Exco.
30.11. Selectors are accountable to the Exco and no selections will be discussed with individual players or clubs.
31. COLOURS AND TROPHIES REGISTER
31.1. Clubs will decide on their own club colours and emblems subject to clause 12 of this Constitution which shall be submitted to the Exco who shall keep a record thereof.
31.2. The Exco shall keep a register of all trophies.
31.3. Any person handed a trophy will sign for the trophy and will also sign an indemnity that he becomes responsible for the trophy. Should this trophy be lost or stolen the person who signed for the trophy will be responsible for the total replacement cost and updating of all information of the new trophy. The competition secretary will have the trophies valued at least every 2nd (second) year and that will be the value signed for by the player.
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32. LINES OF COMMUNICATION
No member/player shall establish or maintain contact with Bowls SA without the prior knowledge of the Exco of EB. Such request for contact shall not unreasonably be withheld.’
32.1. Except as provided herein, or on invitation of EB, no individual member/Player is permitted to correspond or communicate directly with any higher authority on any matter concerning Bowls but shall channel communication through his Club.
32.2. All communication shall be submitted through the Secretary of a Club and be addressed to the Secretary of EB.
32.3. All correspondence to Foreign Bowling Authority must be via the Exco who will deal with it.
33. VALIDATION OF EDEN BOWLS CONSTITUTION
This Constitution shall come into operation at the closing of the Special General Meeting held on 16th November 2018.
-0o0- PRESIDENT: Jenny Sinclair.
SECRETARY: Ben du Preez.
DATE: 16 November 2018
