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Constitution

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1.PREAMBLE

Umkhanyakude Sports Confederation was established on the 6th April 2013 and is a member of KwaZulu Natal Sports Confederation; which in turn is a member of South African Sports Confederation and Olympic Committee (SASCOC) and as such Umkhanyakude Sports Confederation is Umkhanyakude District multi-coded sporting body responsible for the preparation, presentation and performance of the District teams to all multi-coded events. We shall also look after all various District federations who are affiliated to it, together with Umhlabuyalingana, Jozini, Big 5 False Bay, Hlabisa and Mtubatuba Local Sports Councils within Umkhanyakude Sports Confederation.  

We are also responsible for the awarding for District colours to athletes/officials who have met the criteria to represent Umkhanyakude in different sporting codes and arenas and also endorse the applications for bidding and hosting inter-districts events, provided they meet the prescribed criteria.

 

In all of the above we shall be guided by the principles of democracy and human rights, including non-racialism, non-sexism, non-discrimination and non-alignment. Umkhanyakude Sports Confederation is not established nor shall it be operated for pecuniary gain or profit on any member, affiliate or individual.

 

Umkhanyakude Sports Confederation is constituted in terms of National Sports and Recreation Act, Act 18 of 2007 as amended.

 

2.NAME

The name of the organization shall be Umkhanyakude Sports Confederation hereinafter referred to as the UMKHSC.

3.INTERPRETATION

In this Constitution, in the absence of the express provision or statement to the contrary –

  • the headings are used for reference and convenience only and shall in no way be used to explain, amplify, modify or aid in the interpretation of the Constitution.
  • When any number of days is prescribed in this Constitution, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or officially recognized South African public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or officially recognized South African public holiday, an “business day’’ is any day which not a Saturday, Sunday or officially recognized South African public holiday.
  • Where figures are referred to in numerous and in words, if there is any conflict between the two, the word shall prevail.
  • Where any term is defined within the context of particular clause in this Constitution, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Constitution, notwithstanding that term has not been defined in this interpretation clause.
  • The expiration or termination of this Constitution shall not affect such provision of this Constitution as expressly provide that they will operate after any expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do expressly provide for this, and
  • Words importing any one gender shall include the other, words importing the singular shall include the plural and vice versa and words importing natural person shall include created entities (whether corporate or not) and vice versa

4.DEFINATIONS

  • “The Act’’ the Non-Profit organization Act 71 of 1997 (as amended)
  •  “Associate member’’ means Umkhanyakude School Sports Executive Committee democratically elected and recognized by Department of Education or any other organization recognized by Umkhanyakude Sports Confederation as such in its General Meeting
  •  “Articles of Association’’   Means SASCOC’s articles of Association in corporating the Memorandum of Association and registered under 2004/033949/08
  •  “Athletes Commission’’    shall mean athletes presently constituted into the body of members who are currently still active in a particular Sporting Code;
  •  “Annual General Meeting’’ means the annual general meeting of the membership held in accordance with the provisions of this Constitution.
  •  “Executive Committee’’   means the Executive Committee of the Umkhanyakude Sports Confederation as constituted from time to time in terms of this Constitution.
  •  “CAS’’ means the Court of Arbitration for Sports presently constituted and domiciled in Swirtzerland

  • “Calendar Year’’ means in each yearthe period commencing 1 January ending 31 December of the relevant year. 

  • “Constitution’’ means this Constitution of the Umkhanyakude Sports Confederation.

  • “Constitution of the Republic’’ means the Constitution of the Republic of South Africa, Act 108 of 1996 (as amended)

  • “Delegate’’ means a delegate appointed by a Member to represent it at any General Meeting

  • “General Assembly’’ means the General Assembly of Umkhanyakude Sports Confederation as contemplated by clause 2.1.1

  • “General Meeting’’ means any General Meeting of the Members and excludes an annual general meeting, quadrennial general meeting, and special general meeting or an ordinary general meeting

  • “Good Standing’’ means a Member or any individual who has not violated the provisions of this Constitution and / or the Rules and Regulations governing the Members

  • “Portfolio Chairperson’’ means the Member of the Municipal Council responsible for Sports and Recreation

  • “Portfolio Chairperson’’ means the Member of the Municipal Council responsible for Sports and Recreation

  • “National Sports Act’’ means the National Sports and Recreation Act No 18 of 2007 as amended

  • “Provincial Sports Federation’’ means a Provincial Sports Association that is recognized and accepted by KZNSC and /or in terms of the Rules and Regulations of KZNSC

  •  “Notice’’ shall unless the context indicates otherwise, means a written communication which has to be delivered to the addressee by ordinary or registered post to its address as notified by it and recorded in the records of the Umkhanyakude Sports Confederation, send by post or telefaxed transmission or email, to the number or email address provided by the addressee and recorded the records of the Umkhanyakude Sports Confederation. Any notice send by post shall be deemed to have been received by the addressee within 5 working days of the proved date of posting. Any notice sent by telefax transmission shall be deemed to have been received by the addressee on the day after proven date of tele fax transmission. Any emailed notice shall be deemed to have been received by the addressee on the day after the proven date of the email transmission.

  • “KwaZulu Natal’’  means the jurisdictional area of the KwaZulu Natal province as determined by the Municipal Demarcation Board

  • “District Federation’’ means a duly elected sports organization recognized as such and affiliated to a Provincial Sports Federation, and responsible for coordinating, organizing and managing a sports code in Umkhanyakude

  • ``Quadrennial General Meeting’’ shall means a quadrennial general meeting held in accordance with the provisions of this Constitution 

  •  “Local Sports Council’’ means a duly elected multi-coded sports organization within a jurisdiction of Local Municipal Council.

  • “District’’ means a municipality as described in Section 155(1) of the Constitution of the Republic, Act 108 of 1996 as category C municipality and determined by the Municipal Demarcation Board as Umkhanyakude District Municipal area

  • “SASCOC’’ means South African Sports Confederation and Olympic Committee as defined in the Sports and Recreation Act, 1997 (as amended)

  • “South Africa’’ means the Republic of South Africa as defined in the Constitution of the Republic of South Africa, 1996

  • “Special General Meeting’’ means the Special General Meeting of the membership held in accordance with the provisions of this Constitution;

  •  “Financial Year’’ shall be the period from 1 April to 31 March the following year.

5.OBJECTIVES OF THE UMKHANYAKUDE SPORTS CONFEDERATION

  • The mandate of the Umkhanyakude Sports Confederation is to act as a conduit between the relevant political organizations and civil society, ensuring that the correct principles are conveyed in order to enable the Umkhanyakude Sports Confederation to act as an advisory body to the District Mayor.
  • To engage, lobby and meet with the District Mayor and the Portfolio Committee of Sport on a quarterly basis in relation to the presentation and implementation of various district sporting and recreational strategy for the District.
  • To apply for membership of KZNSC and act as a structure recognized by KZNSC as a coordinating and monitoring structure of sport in the communities within the geopolitical area of the District.
  • To act as a structure recognized by KZNSC as a coordinating and monitoring structure for all District federations and Local Sports Councils within its jurisdiction; and thereby authorized to intervene when allegations of financial mismanagement and/or maladministration are reported amongst its Members, its associate members or any individual associated with Umkhanyakude Sports Confederation; such intervention shall be in a form of suspension of an official or the entire Executive Committee members of its Member, Associate Member, Commission, standing committee or sub-committee.
  • To act as a link to the community sports structures at provincial and local government levels with emphasis on laying a foundation on the three pillars of the National Sports and Recreation Plan as adopted by the South African Government.
  • To act as multi-coded sporting structure mandated to represent the interests of sportsmen and women in all formations on behalf of Umkhanyakude District;
  • To promote, advance, develop sports initiatives within Umkhanyakude District in furtherance of mandates delegated to it by KZNSC;
  • To promote, advance, develop and coordinate all sporting codes at the District level, in line with the Constitution, sporting programmes, rules, policies and directives of UMKHSC and KZNSC;
  • To act as an advisory body in all matters related to sports within the District;
  • To participate in the provincial and local government planning process for sports within the District;
  • To promote transformation of the sport sector and facilitate sports development within the District;
  • To cooperate, liaise and work with District federations, Department of Sports and Recreation, Local government and with any other organizations established to promote sports within the District;
  • Initiate partnerships with the private and public sector regarding resources needed to support sporting programmes;
  • Establish strategic partnership with municipalities on the building needs and usage of sporting facilities;
  • To promote the creation of sports structures and efficient management and assist with the creation of non-racial and non-sexist sport with unitary structures in all sporting codes within the District; and
  • To foster cooperation and build partnership amongst all sectors of society that are committed to sports development within the District.

6.THE ROLE OF THE UMKHANYAKUDE SPORTS CONFEDERATION

  • The Umkhanyakude Sports Confederation shall be to:
 
  • Serve and function in furtherance of the aims and objectives of both UMKHSC and KZNSC as the coordinating structure for sport development at Umkhanyakude across all sporting codes;
  • Promote and foster the spirit of co-operation and collaboration amongst all role players of sports in the District;
  • Assist and co-operate with Provincial Sports Federations in developing their sports codes and in the implementation of their sports development programmes, inclusive of competitive sporting events and mass participation programmes ; and
  • Promote and advocate for increased sports development across the District.

7.STATUS

Umkhanyakude Sports Confederation is established in terms of clause 14.1.3 of the KwaZulu Natal Sports Confederation.

 

8. LEGAL PERSONALITY

  • Umkhanyakude Sports Confederation is a voluntary association having a separate legal existence identity, from that of its Members and is entitled to own property, whether movable or immovable or otherwise, as well as to sue and be sued in its own name, notwithstanding any change in the composition of its membership from time to time, it shall have perpetual succession.
  • All movable property or other rights relating to immovable property, which may be obtained by Umkhanyakude Sports Confederation from time to time, shall be registered in the name of Umkhanyakude Sports Confederation.
  • Umkhanyakude Sports Confederation shall be a non-profit organization.

9. INDEMNITY

  • Every office-bearer, official or employee of Umkhanyakude Sports Confederation is indemnified by the Umkhanyakude Sports Confederation against all losses, charges, costs, damages, and all other expenses and liabilities which he or she may incur or become liable for by virtue of any reason or any act, or omission in the execution of his or her duties, unless the loss in question is caused by his or her own negligence, dishonesty or bad faith.
  • Every office-bearer, official or employee of Umkhanyakude Sports Confederation is indemnified by the Umkhanyakude Sports Confederation against pecuniary loss sustained by reason of legal proceedings, arising out of whatsoever cause, instituted against Umkhanyakude Sports Confederation or against such office-bearer, official or employee in his or her representative capacity, provided that the indemnity conveyed herein has not extend to private personal acts of such office-bearer, official or employee, or cause as a result of negligence, dishonesty or bad faith.

10. OFFICIAL LANGUAGE

  • The official language of Umkhanyakude Sports Confederation in case of any dispute shall be IsiZulu / English.

11. FINANCIAL YEAR

  • The financial year of the Umkhanyakude Sports Confederation shall be from 1st April to the 31st March of the next year.

12. AREA OF JURISDICTION

  • The area of jurisdiction of Umkhanyakude Sports Confederation shall be the entire area of jurisdiction of Umkhanyakude District Municipality area as determined by Municipal Demarcation Board in terms of Local Government Municipal Demarcation Act 27 of 1998

13. HEADQUARTERS

  • The headquarters of Umkhanyakude Sports Confederation shall be Hluhluwe 

14. MEMBERSHIP

  • The following shall be eligible for membership of Umkhanyakude Sports Confederation :
 
  • The members of Umkhanyakude Sports Confederation shall be the District Federations and Local Sports Councils whose application for membership met all the criteria as prescribed in this Constitution and are ratified by the General Assembly.
  • Any other Sport Governing Body and Controlling Bodies prescribed by the National Sport and Recreation Act, SASCOC Articles of Association and KZNSC Constitution in relation to sports activities within the District.
  • Any other civil society comprising of community whether same be area level based clubs, local sports councils;
  • Umkhanyakude Sports Confederation shall, in its discretion grant full, Special or Associate membership to applicants which meets the required guidelines as may be laid down by Umkhanyakude Sports Confederation from time to time with due consideration to clause 14.1.2;
  • An application for membership shall be considered if the following conditions are complied with:-
    • a letter of application as well as the completed prescribed application;
    • a copy of the Constitution of the applicant which shall comply with the provisions of the KZNSC, Provincial Federation’s and UMKHSC Constitutions, as well as the written proof from the duly appointed auditor that they are in compliance with the provisions of corporate governance.
    • A list of all affiliates of the applicant;
    • Minutes and attendance register with resolution of the Annual General Meeting that the application was tabled and approved by the AGM of applicant’s membership;
    • Or minutes and attendance register with resolution of the Special General Meeting of the applicant’s membership
  • A democratically elected structure of Umkhanyakude School Sports shall be recognized as Associate member of Umkhanyakude Sports Confederation.
  • Umkhanyakude Sports Confederation may by a majority vote taken at its Annual General Meeting or Special General Meeting convened inter alia for this purpose, grant Associate Membership status to any other organization operating on a District level.
  • Umkhanyakude Sports Confederation may, by two-thirds majority vote taken solely for this purpose, withdrawn its recognition for associate member, in which event; the relevant organization will cease forthwith, to be associate member of Umkhanyakude Sports Confederation.

15. MEMBERSHIP RECOGNITION CRITERIA

  • Shall be the criteria as approved and ratified by the Annual General Meeting of the KZNSC on 10 November 2012;
  • To be eligible for recognition, organizations which control the development of, and participation by Local and District sporting codes must meet the following criteria:-
    • Must be properly constituted and operate on democratic and good governance principles;
    • Have a formal written Constitution and acceptable democratically elected committee (s) or structure (s), which operates in a transparent, accountable and responsible manner;
    • Demonstrates an agreed level of management and financial accountability and stability;
    • The sports body must abide by the anti-doping policy of the Institute for Drug Free Sport and WADA as adopted by SASCOC;
    • Participation must be available to all sections of the community and not be restricted for reasons of finance, gender, disability or any other discriminatory reason.
    • A democratically elected Umkhanyakude School Sports structure shall be confirmed in writing by the District Education office as a recognized structure for such purposes, prior to its recognition by Umkhanyakude Sports Confederation

 

16. SUBORDINATE STATUS OF MEMBERS

  • Members shall be subordinate of Umkhanyakude Sports Confederation and must comply with this Constitution, the Rules and Regulations, Policies, Resolutions and any directives issued by Umkhanyakude Sports Confederation from time to time subject to the proviso that any directive shall not be in conflict with any requirement of KZNSC.
  • Members’ Constitutions, Policies, Rules and Regulations formulated thereunder shall not be in conflict with this Constitution.
  • All decisions taken by Umkhanyakude Sports Confederation constituted structure shall be binding on all Members and their lower structures, including Associate members.

17. MEMBERSHIP MATTERS TO BE REGULATED IN THE RULES AND/OR REGULATIONS

The Executive Committee shall draft such Policies, Rules and Regulations as may be deemed necessary for approval by the General Assembly.

  • The Rules may regulate any matter relating to Membership, including but not limited to the following matters:-
    • The criteria and procedure for acceptance of Members;
    • The colours and emblems of Umkhanyakude Members;
    • The membership fees and subscriptions to be paid by Members;
    • The obligations of Members with respect to financial statements and books of accounts;
    • The grounds on which Members and/or individuals may be suspended from membership to Umkhanyakude Sports Confederation; and
    • Any amendment to any Local Sports Confederation Constitution.
  • The criteria referred to in 15 above shall, include the following requirements:
    • No member will be eligible to acquire or to retain membership of Umkhanyakude Sports Confederation unless it has a Constitution which provides for:
      • Open elections to be held at intervals of not more than four (4) years;
      • Minutes of the meetings and Annual audited financial statements to have been presented to its membership;
      • The Member must recognize and accept the authority of Umkhanyakude Sports Confederation and KZNSC; and
      • It has complied fully with provisions of its Constitution and has provided written proof of such compliance to the Umkhanyakude Sports Confederation.
    • No member may be affiliated to the Umkhanyakude Sports Confederation unless it is entitled to take its decisions on any matter connected with its affiliation independently of any external body;
    • No member may be used as a source of profit for its officials or for those who have lent funds to it, provided that the payment of a normal rate of interest to the latter shall be permissible;
    • In the event of a Member wishing to enter into an agreement with any company, which may change the Member and its affiliation with Umkhanyakude Sports Confederation, it shall inform Umkhanyakude Sports Confederation of its intentions in writing and disclose all information of whatsoever nature to Umkhanyakude Sports Confederation to enable it to consider the affiliation or continued affiliation of the said Member is in the best interests of sport in the District.

18. AFFILIATION

  • Umkhanyakude Sports Confederation shall apply for affiliation to the KwaZulu Natal Sports Confederation (KZNSC);
  • The provisions of this Constitution shall be subject to, and not in conflict with KZNSC Constitution and any Rules, policies or Regulations of KZNSC. In the event of such conflict, the provisions of the KZNSC Constitution or Rules or Policies or Regulations shall prevail.

19. POWERS OF UMKHANYAKUDE SPORTS CONFEDERATION

  • Umkhanyakude Sports Confederation shall have all powers as may be necessary or reasonably required in law to achieve its objectives as set out in clause 5 above, and for its proper and efficient functioning and administration, it shall have the following powers:

 

  • It shall be capable to exist on its own and shall continue to exist even after its membership changes;
  • To purchase or acquire in any way land, buildings, agencies, shares, debentures and every other kind or description of movable and immovable property;
  • To manage, insure, sell, lease, mortgage, dispose of, give in exchange, work, develop, build on, improve, turn to account or in any way otherwise deal with all or any part of its property and assets;
  • To accept donations and legacies and raise funds, subject to the express limitation that should the services of a fund raiser be used for collection of contributions, the expenses (remunerations and/or commission included) may not exceed 15% of the total proceeds of the collection.
  • To act as a structure recognized by KZNSC as a coordinating and monitoring structure for all District federations and Local Sports Councils within its jurisdiction; and thereby authorized to intervene when allegations of financial mismanagement and/or maladministration are reported amongst its Members, its associate members or any individual associated with Umkhanyakude Sports Confederation; such intervention shall be in a form of suspension of an official or the entire Executive Committee members of its Member, Associate Member, Commission, standing committee or sub-committee.
  • To borrow money;
  • To secure payment of monies borrowed in any manner including the mortgaging and pledging of property and without detracting from the generally thereof, in particular by the issue of any kind of debenture or debenture stock, with or without security;
  • To invest funds in any manner;
  • To open and operate banking accounts with any registered bank or financial institution in the Republic;
  • To open a banking account and authorize those officials who may sign, issue, accept, endorse, draw and execute on behalf of the Umkhanyakude Sports Confederation any negotiable instruments, powers of attorney or other deeds or instruments;
  • To make, draw, issue, accept, endorse and discount promissory notes, bills of exchange and other kind of negotiable or transferable instruments;
  • To enter into indemnities, guarantees, and surety ship and to secure payment thereunder in anyway;
  • To sue and to be sued in its own name;
  • As per prior agreement to remunerate any person or persons in cash for services rendered in its formation or in the development of its objects;
  • To enter into contracts and to execute any contracts deeds and documents provided that Umkhanyakude Sports Confederation shall have the powers to carry on any business, including ordinary operations in the commercial sense, speculative transactions, dividends stripping activities and the letting of property on a systematic or regular basis, and no loans may be made to a patron member, donor or any of their relatives or any private company.

20. FINANCE

  • The activities of Umkhanyakude Sports Confederation shall be conducted on a non-profit basis with the intent and purpose that its capital and income from whatever source shall be applied solely towards the promotion of its objects. Provided that nothing herein contained shall preclude the payment in good faith to an affiliate or any other person in respect of:-
    • Reasonable agreed remuneration for the services actually rendered on behalf of Umkhanyakude Sports Confederation;
    • Reimbursement of actual costs, expenses or other commitments incurred on behalf of Umkhanyakude Sports Confederation;
    • Payment of such monies to affiliates as found advisable for the advancement of sport in the District;

Furthermore:-

  • All payments shall be authorized by any two (2) of the three (3) duly authorized persons appointed by the Executive Committee;
  • Umkhanyakude Sports Confederation may invest its funds in the manner contemplated in clause (19.1.8) of this Constitution;
  • The Executive Committee shall open and maintain a bank account for Umkhanyakude Sports Confederation;
  • The Executive Committee shall from time to time determine whether, or to what extent and at what times, places and under what conditions or regulations the accounting records of Umkhanyakude Sports Confederation or any document may be open to inspection Members not being Umkhanyakude Sports Confederation Executive Committee members or by Umkhanyakude Sports Confederation’s Membership at the General Assembly;
  • Umkhanyakude Sports Confederation is prohibited from carrying on any business undertaking or trading activity, otherwise than to the extent that:-
    • The undertaking or activity is:-
      • Integral and directly related to the sole object of the Confederation;
      • Carried out or conducted on a basis substantially the whole of which is directed towards the recovery of costs and which would not result in unfair competition in relation to taxable entities; or
      • Is not integral and directly related to the sole object of the Confederation, or it should be of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation

 

 

21. GOVERNING BODIES

  • The General Assembly

Umkhanyakude Sports Confederation General Assembly shall be the supreme decision making body of the Umkhanyakude Sports Confederation and shall comprise all Members meeting at the occasion of a General Meeting.

  • Executive Committee
    • There shall not be less than eleven (11) Executive Committee members who are not connected persons in relation to each other, and shall comprise the following members:
      • The Chairperson who shall not be entitled to serve for a period in excess of three (3) terms in that office and shall be for the purposes of the composition of the Executive Committee, deemed not to represent either an Umkhanyakude Sports Federation and /or Local Sports Council;
      • The two (2) Deputy Chairpersons who shall be referred to as the 1st and 2nd Deputy Chairpersons.
      • Eight (8) other members of the Executive Committee;
      • One (1) additional member elected by the Athletes Commission from sportsmen/women who are currently still participating in the sport at a competitive level, and duly elected by the current participating athletes in whatever sporting code they represent;
      • One (1) additional member who is the Chairperson of Coaches Commission; and one (1) additional member who is the Chairperson of Gender and Equity Commission.
      • Any co-opted members, as determined by the Executive Committee, but shall not exceed four (4) in number and who shall have the full powers to vote on any issues before them. If is specifically recorded that if and when such additional co-opted members are appointed, the Executive Committee shall take into cognisance of any gender or other sensitivity matters which may arise out of the elections.
    • The members of the Executive Committee shall be elected in terms of clause 21.2.1 and shall hold an office for a term of four (4) years, but shall be entitled to serve for longer than three (3) consecutive terms in their current elected positions. Save as aforesaid, all Executive Committee members shall be eligible for re-election and shall retain office until their successors have been elected.
    • Any person elected to a position on the Executive Committee must vacate his/her position and retire by no later than the end of the calendar year during which he/she attains the age of seventy (70) years.
    • The positions of Secretary and Treasurer shall be appointed by the elected Executive Committee from amongst the elected members. Any other portfolios identified by the Executive Committee shall be appointed by the Executive Committee as or when need arise.
    • EMERGENCY COMMITTEE
      • The emergency committee shall comprise of:
        • The Chairperson;
        • The 1st and 2nd Deputy Chairpersons;
        • The Secretary;
        • The Treasurer; and
        • Other member from the Executive Committee.
    •  

22. POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

  • The powers of Umkhanyakude Sports Confederation shall be exercised by the Executive Committee, who shall have specified powers delegated to them by the General Meeting, in addition to the general powers and authority herein conferred on the Executive Committee and without in any way limiting such powers and authority, they shall have the following powers and duties:
    • To oversee, and if necessary manage, the activities of Umkhanyakude Sports Confederation, which shall include and shall not be restricted to:-
      • The activities of its Members;
      • Inquiring into the administrative and /or financial affairs of Members, and where necessary, to recommend corrective measures in this regard, and if these measures are not implemented to make recommendations to take over the administrative and /or financial affairs of the Member until these are placed on a satisfactory footing. In the case of a District Federation, this should be conducted in consultation with the Provincial or National Federation.
      • Appoint such sub-committees or commissions upon such terms as it may consider necessary to give effect to its powers;
      • Suspend, fine and/or terminate the membership of any Member or individual affiliated through their respective Sporting organization or to suspend and/or fine any Member who infringes the Constitution, the Rules and Regulations, Policies, Code of Conduct, directives or resolutions of Umkhanyakude Sports Confederation or of KZNSC or engages in any act of misconduct, improper practices, misdemeanour, acts of defiance or those acts which brings Umkhanyakude Sports Confederation and/or KZNSC into disrepute;
      • Prepare and monitor a detailed business plan for Umkhanyakude Sports Confederation and its activities.
      • Control of monies in terms of a budget;
      • Appoint standing committees as and when the necessity arises, which standing committees shall consist of a chairperson who shall preferably be a member of the Executive Committee and such other members as are deemed necessary. It is specifically recorded that such standing committees shall take cognizance of the composition of the Executive Committee in appointing the relevant sub-committees and more in particular shall be cognisant of any imbalances or sensitivities in respect of representatively or equity or disability issues;
      • In matters of mutual interest, Umkhanyakude Sports Confederation and any eligible Members may enter into a written agreement covering issues such as the establishment of a joint liaison committee, communication, competitions whether by Umkhanyakude or otherwise, compensation, levies, disputes, officials, coaches and the like;
      • Subject to the Constitution, Rules and Regulations, to delegate any of its powers or functions to the Management Committee;
      • Approve the budget and all intended expenditure of the Umkhanyakude Sports Confederation;
      • Enact, repeal and amend the Regulations of Umkhanyakude Sports Confederation, provided that:
        • The Executive Committee may make no Regulation which is inconsistent with this Constitution, and
        • Any regulation made by Umkhanyakude Sports Confederation Executive Committee shall be tabled at the next Annual General Meeting and will be of no force and effect beyond the date of that Annual General Meeting unless it is ratified at that Annual General Meeting;
      • The Executive Committee shall meet at least six (6) times per annum;
      • Subject to the provisions of this Constitution and to any decision of the General Assembly, the Executive Committee shall have the authority to do anything or take any steps which might be done by Umkhanyakude Sports Confederation in the furtherance of its objectives and the policies decided upon by the General Assembly without limiting the generality of the a foregoing, this shall include the following:
        • to attend to all legal matters on behalf of Umkhanyakude Sports Confederation;
        • to host, when applicable, any events in conjunction with the appropriate structures and organizations concerned;
        • generally to execute any legal act on behalf of Umkhanyakude Sports Confederation, thus doing all that is necessary for the fulfilment of the objectives of Umkhanyakude Sports Confederation, provided that such act is not contrary to the Constitution or any instruction of the General Assembly;
      • No member of the Executive Committee who has any direct or indirect interest in or who would benefit from any contract to be entered into between Umkhanyakude Sports Confederation and a third party, shall be present at the meeting at which such contract is considered, debated and decided;
      • The quorum for the meeting of the Executive Committee shall be 50% plus 1 of its members;
      • A simple majority shall be sufficient to carry any decision of the Executive Committee.

23. ELECTION OF OFFICERS

  • Subject to the provisions of this clause, election of the Executive Committee members shall be by vote of delegates and serving members present at a Quadrennial Annual General Meeting.
  • Only nominees of members in good standing and who are citizens of the District shall be eligible for election as a member of the Executive Committee;
  • Employees of the Department of Sport and Recreation, municipalities appointed as sports officers and not representing federations or sports council and people elected as public office-bearers are not eligible to stand for election into the Executive Committee and not eligible to vote either;
  • Each delegate present at the General Meeting shall have a vote determined by the voting strength referred to in clause 28 and 29 in any election of Executive Committee members, provided that no delegate shall be entitled to vote unless the Member which he/she represents is a Member in good standing;
  • Any Member/individual in good standing shall be entitled to submit nominations for the Chairperson, the two Deputy Chairpersons and the Executive Committee members referred to as determined in clause 21.2.1
  • A candidate may be nominated for more than one office provided that if and when elected to a particular office, the candidate’s other nominations shall lapse;
  • Sixty (60) days prior to the date of the Quadrennial General Meeting the Secretary shall distribute nomination forms to Members/individuals per registered post, telefax and/or electronic mail;
  • Members or individuals shall submit the nomination forms to Umkhanyakude Sports Confederation’s auditor such that they are received at least thirty (30) days prior to the date of the General Meeting. The closing date and time shall be specified in a circular distributed by the Secretary with the nomination forms;
  • No nomination form will be accepted by Umkhanyakude Sports Confederation unless:
    • The nomination form is signed by the President / Chairperson and the Secretary of the Member submitting the nomination;
    • The nominee has submitted to the auditor his/her signed acceptance of the nomination on the form provided for this purpose, or on a copy or facsimile thereof; and the signed acceptance has been received by the auditor at least thirty (30) days prior to the date of the General Meeting;
  • The onus shall be on the Member / individual concerned to ensure that nominations and acceptance are received by the auditor on or before the closing date;
  • Within seven (7) days after the closing date for nominations, the auditor shall submit a list of those persons properly nominated to the Secretary. The original nomination form shall be retained by the auditor, and shall be available for inspection if required at the Quadrennial General Meeting;
  • The Secretary shall send the list of nominations as received from the auditor to all Members and members of the Executive Committee along with the agenda for the General Meeting at least twenty one (21) days prior to the date of the meeting;
  • Prior to the commencement of the elections, the meeting shall appoint an electoral officer and two other persons who are not candidates for office, to conduct the elections;
  • Should there be fewer nominations than there are vacancies to be filled, those persons presently occupying office, shall continue in office for the further period;
  • The first person to be elected shall be the Chairperson. Should only one nomination be received, the candidate shall be declared duly elected;
  • Following the election of the Chairperson, the 1st Deputy Chairperson shall be elected, and then the 2nd Deputy Chairperson shall follow. Should only two nominations be received, voting procedure will be followed to determine the 1st and 2nd Deputy Chairperson, the candidate with higher votes will be the 1st Deputy Chairperson and the other will be 2nd Deputy Chairperson.
  • Should there be a tie of votes for any position; the second ballot will determine which candidate will poll the most votes. If the second and/or third round of ballot does not yield results, the electoral officer will draw the name of one candidate who shall be declared the successful candidate;
  • Eight (8) other Executive Committee members in accordance with clause 21.2.1.3 shall be elected using a single round of voting;
  • If there is a tie amongst more candidates than there are positions to be filled of the Executive Committee, there will be a second ballot in respect of those candidates. If the second ballot also results in a tie amongst any of those candidates, the electoral officer will draw the name of one or more candidates as the case may be who shall be declared the successful candidate(s);
  • Should any dispute relating to an election arise during the meeting, the electoral officer shall rule thereon, and his/her ruling shall be final and may not be challenged by any candidate, delegate or Member;
  • Subject to the provisions of these clauses, Executive Committee members shall hold office until their successors have been elected at an Annual General Meeting;
  • A vacancy in any office of the Executive Committee shall occur:
    • Upon death of a member;
    • If a member is absent from three (3) consecutive meetings of the Executive Committee;
    • If a member is found guilty of having conducted himself/herself in any manner likely to prejudice the objects or activities of Umkhanyakude Sports Confederation or KZNSC and /or whose conduct has the effect of bringing Umkhanyakude Sports Confederation and KZNSC and/or sport into disrepute;
    • If a member becomes of unsound mind;
    • If a member is sequestrated;
    • If a member proposes a compromise with his/her creditors generally;
    • If a member resigns his/her office by notice in writing to Umkhanyakude Sports Confederation; and
    • If a member becomes an employee of the Department of Sports and Recreation;
  • Should the office of any Executive Committee member becomes vacant the remaining members shall have the power to co-opt a member in his/her place until the next Annual General Meeting provided that should the office of the Chairperson become vacant, the Executive Committee shall, at its next meeting elect one of the Deputy Chairpersons to act as Chairperson until the next Quadrennial General Meeting. When a position becomes vacant, such a position may only be filled by co-option of a member from the specific grouping either sport association of sports confederations;
  • At any Annual General Meeting elections will be held to fill offices vacated during the previous year. Candidates for such elections may be nominated only in accordance with the nomination procedures of this clause 23 in such category. Delegates may vote for as many candidates as there are vacancies with the required number of candidates who obtain the highest number of votes in the first round of voting being elected. In the event of a tie, the tiebreak mechanisms set out in clause 23 will apply.

24. REGISTER OF MEMBERS

  • Umkhanyakude Sports Confederation shall maintain the register of Members at the office, or at any other place where the work of making up such register is done;
  • The register shall be open to inspection by Members;
  • The Executive Committee shall be empowered to make regulations as it thinks fit relating to the opening and closing of such register provided that such register shall not be closed for more than 60 days in any calendar year;
  • Umkhanyakude Sports Confederation may establish and maintain a branch register.

25. GENERAL MEETINGS OF MEMBERS

  • Umkhanyakude Sports Confederation shall hold at least two General Meetings of Members during a calendar year, of which one shall be the Annual General Meeting to be held not later than six months after the end of the financial year.
  • The Executive Committee may, whenever it thinks fit, convene a General Meeting, at any time and place as determined by them. Provided that there are a minimum of eight (8) Executive Committee members at such meeting. In the event there is not being a quorum at the specific meeting, the meeting shall be postponed and thereafter any eight (8) Members in good standing may form a quorum to reconvene a General Meeting, including members of the Executive Committee who were present at the previous meeting.
  • The Executive Committee shall call a General Meeting within 30 days after receipt of a request signed on behalf of one-third of the Members in good standing. It is specifically recorded that good standing shall also mean any member who is fully paid up in respect of any fees, and who has complied fully with the requirements of their respective Constitution, Rules and Regulations and who is not currently under suspension. The agenda for such meeting shall be specified in the request;
  • Subject to the provisions of this clause a General Meeting shall be held at such time and place as the Executive Committee shall determine;
  • The Secretary shall, by registered post, telefax or electronic mail, give all Members at least 90 days advance notice of the date of the Annual General Meeting, which date shall be determined by the Executive Committee. The Annual General Meeting shall be called no later than 30th November of each calendar year;
  • Motions to an Annual General Meeting shall be submitted to the Secretary in writing per registered post and/or telefax and/or electronic mail not less than thirty (30) days prior to the date of such Annual General Meeting. The Secretary shall circulate all motions submitted to him together with the agenda for the Meeting and the Audited Financial Statements of the Umkhanyakude Sports Confederation to all Members per registered post or telefax or electronic mail not less than fourteen (14) days prior to the Annual General Meeting.
  • Members must forward in writing to the Secretary the names of the Delegates who will represent them at the Annual General Meeting. Unless such confirmation is received by the Secretary at least seven (7) days before the meeting, the delegates in question will not be accredited and will not be entitled to participate in the meeting;
  • The quorum at any meeting shall be 50% plus one of the membership;
  • A simple majority shall be sufficient to carry any decision of the General Assembly, excluding changes to the Constitution as per clause 33 and dissolution as per clause 35.
  • The following business will be considered at each Annual General Meeting:
    • To approve the credentials of delegates;
    • To confirm and adopt the minutes of the previous Annual General Meeting or any other intervening Special General Meeting;
    • To receive the Chairperson’s Address;
    • To consider and adopt the report of the Executive Committee;
    • To consider and adopt the Accounts, Audited Financial Statements and report of the Auditors for the previous year;
    • To appoint auditors;
    • To consider regulations made by the Executive Committee;
    • To accept new Members;
    • To consider any applications for Associate Membership;
    • To determine the schedule of fees for the ensuing year;
    • To hold elections for the Executive Committee or filling of any vacancies available;
    • To appoint the electoral officer;
    • To consider general matters for which thirty (30) days’ notice had been given in writing;

 

26. NOTICE OF GENERAL MEETINGS

  • A meeting called for the passing of a Special Resolution shall be called by not less than 21 days’ notice in writing and any other General Meeting (other than the Annual General Meeting) shall be called by not less than 14 days’ notice in writing. Notice in terms of this clause shall be exclusive of the date on which it is served or deemed to be served and exclusive of the date for which it is given.
  • The notice of a meeting shall specify:
    • The place;
    • The date and the hour of the meeting; and
    • In the case of special business, the general nature of such business, and shall be given in the manner hereinafter provided or in such other manner as may be prescribed by Umkhanyakude Sports Confederation in General Meeting and to such persons as are, under the clauses, entitled to receive such notices from Umkhanyakude Sports Confederation.
  • A General Meeting shall, notwithstanding that it is called by shorter notice than that specified in Clauses 26.1, be deemed to have been duly called if it is so agreed by the majority in number of the members having a right to attend and vote at the meeting, who hold not less than 95% of the total voting rights of all the members;
  • A General Meeting shall be entitled to deal with special business, the general nature of which has not been notified, if it is so agreed by a majority in number of the members having a right to attend and vote at the meeting, who between them hold not less than 95% of the total voting rights of the members.

27. PROCEEDINGS AT GENERAL MEETINGS

  • The Annual General Meeting shall deal with and dispose of all matters, including the consideration of the Annual Financial Statements, the election of the Executive Committee, the appointment of an Auditor and the fixing of the remuneration of the Auditor, and may deal with any other business laid before it and of which notice has been duly given in terms of clause 26.1 or in respect of which notice has been waived in terms of clause 26.3.
  • Business may be transacted at a General Meeting only while a quorum of Members is present;
  • If within an hour after the time appointed for the General Meeting a quorum is not present, the General Meeting, if convened upon requisition of the Members, shall be dissolved. In any other case the General Meeting shall stand adjourned to the same day in the next week at the same time and place, or if that day is not a business day, to the next succeeding business day, and if at such adjourned General Meeting a quorum is not present within half an hour after the time scheduled for the meeting, the Members present in person shall constitute a Quorum, provided that every Member shall have received notice of the adjourned General Meeting not less than 72 hours prior thereto by either electronic mail, facsimile, hand delivery, telegram, telefax, or post.
  • The Chairperson or, in his/her absence, the 1st Deputy Chairperson or the 2nd Deputy Chairperson shall preside as chairperson et every General Meeting and the Executive Committee meetings of Umkhanyakude Sports Confederation;
  • If there is no such chairperson or if at any General Meeting at which a Quorum is present within 15 minutes after the scheduled time of the meeting or if he/she is unwilling to act as chairperson, the Executive Committee, shall choose one of their member to act as chairperson and, failing which any Executive Committee member present and willing to act, the Members present shall elect one of their members to be the chairperson of the meeting.
  • The chairperson of a General Meeting at which a Quorum is present may (and shall if so directed by the meeting) adjourn the meeting from time to time and place to place but no business shall be transacted at any adjourned meeting other than business left unfinished at the meeting at which the adjournment took place. When a meeting is adjourned, it shall not be necessary to give the notice thereof.
  • A resolution tabled at a General Meeting shall require both a proposer and a seconder;
  • At any General Meeting a resolution put to the vote shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the chairperson or by at least two members entitled to vote at the meeting. No poll shall, be demanded on the election of the chairperson of the meeting or any question of adjournment. Unless a poll is so demanded, a declaration by the chairperson of the meeting that a resolution has, on a show of hands, been carried or carried unanimously or by a particular majority or failed, an entry to that effect in the book containing the minutes of the proceedings of Umkhanyakude Sports Confederation shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution;
  • If a poll is demanded:
    • The poll shall be taken in such manner and at such time as the chairperson of the meeting shall direct;
    • The chairperson of the meeting shall be entitled to appoint scrutinizers;
    • No notice of a poll other than an announcement at the meeting at which it is demanded shall be required;
    • The demand for a poll shall not prevent the continuation of the meeting for the transaction of any business other than the question on which the poll has been demanded;
    • A demand for such a poll may be withdrawn; and
    • The result of a poll shall be deemed to be the resolution of the meeting on any question on which the poll is taken.
  • In the case of equity of votes, whether by show of hands or on a poll, the chairperson of the meeting at which the show of hands takes place or at which the poll is taken shall have a casting vote. However, no casting vote will be available at any election of members of the Executive Committee.
  • Any objection to the admissibility of a vote by show of hands or by a poll shall be raised at the General Meeting at which that show of hands or poll is to take place or takes place. That objection shall be determined by the chairperson of that General Meeting and his/her decision shall be final and binding. Accordingly any vote not disallowed at that meeting shall be valid for all purposes.
  • A resolution shall not be invalid because a vote which should not have been included has been taken into account unless; in the opinion of the chairperson of that meeting (whose decision thereon shall be final and binding) the exclusion of that vote would have altered the result of the voting on that resolution. Conversely a resolution shall not be invalid because a vote which should have been included has not been taken into account unless, in the opinion of the chairperson of that meeting (whose decision thereon shall be final and binding), the inclusion of that vote would have altered the result of the voting on that resolution.

28. REPRESENTATION

  • Each Local Sports Council shall be entitled to appoint three (3) Delegates to represent it at the General Meetings of Umkhanyakude Sports Confederation.
  • Each District Federation shall be entitled to appoint two (2) Delegates to represent it at the General Meetings of Umkhanyakude Sports Confederation.
  • Each Commission shall be entitled to appoint two (2) Delegates to represent it at the General Meetings of Umkhanyakude Sports Confederation.
  • Each Associate Member shall be entitled to appoint one (1) Delegate to represent it at the General Meetings of Umkhanyakude Sports Confederation.
  • No Delegate may be appointed by a Member, Commission, or Associate Member unless he/she is a duly authorized representative and the relevant Representation form has been signed by both the Chairperson and Secretary and submitted to the Secretary of Umkhanyakude Sports Confederation during specified time. Such original Representation Form shall be brought to the meeting by the representative and shall be available for inspection if need arise. It is specifically recorded that in the event of the proof of submission of Representation Form, then such person shall not be allowed to participate in the meeting.

29. VOTING RIGHTS

  • All Delegates of Members in good standing and eligible to vote shall be entitled to vote at any General Meeting of Umkhanyakude Sports Confederation.
  • No member shall be entitled to obtain any form of proxy vote whatsoever.
  • Each Local Sports Council shall have three (3) votes, each District Federation shall have two (2) votes and Executive Committee members shall have one (1) vote per person.
  • It is specifically recorded that, irrespective of the number of Delegates present at the meeting, the Delegate nominated to cast the votes on behalf of his/her respective delegation, shall exercise the number of votes to which that delegation is entitled (as per clause 29.3).
  • For the purpose of the election of the Executive Committee:
    • No voting will be done by a show of hands. Voting shall be by secret ballot and each person mandated to vote shall be required to exercise such vote.
    • The Chairperson shall act as chairperson at all meetings of Umkhanyakude Sports Confederation, except elections, and shall have a deliberative as well as a casting vote.
  • At the conclusion of the meeting all elected members shall immediately take office and constitute the Executive Committee.

 

30. MINUTES AND INSPECTION

  • The Executive Committee shall record all resolutions of Umkhanyakude Sports Confederation taken at General Meetings in a book provided for that purpose
  • The minutes kept in terms of clause 30.1 (or any extract there from) which purports to be signed by the Chairperson of the Executive Committee or by any member of the Executive Committee or the Secretariat shall be prima facie evidence of the matters therein stated.
  • The minute book shall be open for inspection.

31. COMPLIANCE WITH THE CONSTITUTION OF KZNSC

Subject to the Constitution of the Republic, should this Constitution be silent on any matter that may arise, KZNSC Constitution or SASCOC Articles of Association shall apply, in that order, and if they too are silent the SASCOC Board shall give the ruling on such matter, which shall be final and binding.

32. DISPUTE PREVENTION AND RESOLUTION

  • Every Member falling under the jurisdiction of Umkhanyakude Sports Confederation shall ensure that any dispute that it has with a body or individual falling under the jurisdiction of Umkhanyakude Sports Confederation is resolved in accordance with the Dispute Prevention and Resolution Procedures set out in the Constitution, Rules and Regulations of Umkhanyakude Sports Confederation.
  • Where no specific dispute prevention of resolution procedure is set out in the Constitution, Rules and Regulations, disputes shall be resolved by KZNSC and thereafter if no solution by the arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa or its successor or, if appropriate, by CAS in terms of CAS’s Rules and Regulations.
  • It is recorded that the decision of the Arbitrator or of CAS shall be final and binding on all parties, in all matters whatsoever.
  • Subject to the Constitution of the Republic, and save in circumstances where there is a need for urgent relief of a sort which cannot be obtained through the dispute resolution procedures contemplated by this clause, no body or individual falling under the jurisdiction of Umkhanyakude Sports Confederation shall approach a Court of Law to decide on a dispute it has with a body or individual affiliated.

33. AMENDMENT TO THE CONSTITUTION

  • No part of this Constitution shall be amended, altered or rescinded except at the Annual General Meeting or at a Special General Meeting called for that purpose and by way of a resolution of a two-thirds majority of those present and eligible to vote, and without the prior written approval of KZNSC.
  • Notice in writing of any proposed alteration shall be received at least thirty (30) days prior to such meeting and the Secretary shall send a copy of such notice to all affiliates at least twenty one (21) days before such meeting.
  • A copy of any amendments to this Constitution shall be submitted to the Commissioner of Inland Revenue for purposes of Section 30 of the Income Tax Act no 58 of 1962.

34. COLOURS AND EMBLEM

  • Umkhanyakude Sports Confederation acknowledges that awarding of KwaZulu Natal Colours may be done by the body authorized by Umkhanyakude Sports Confederation.
  • Umkhanyakude Sports Confederation shall ensure the promotion of and the maintenance of a high standard by sports codes in awarding such district colours.
  • The Umkhanyakude Sports Confederation shall control the design of any colours and / or emblem as approved by the General Assembly and registered by Umkhanyakude Sports Confederation, restrain the unlawful and unauthorized use thereof and take the disciplinary or other action in respect of any such unlawful use of the emblem or colours registered by Umkhanyakude Sports Confederation.
  • The emblem of Umkhanyakude Sports Confederation shall be the District emblem.
  • The colours of Umkhanyakude Sports Confederation shall be royal blue/gold and white and shall be registered with KZNSC.

 

35. DISSOLUTION

  • Umkhanyakude Sports Confederation may be dissolved at any time by a resolution in favour of dissolution by two-third majority of the Members present in person and entitled to vote as set out above at a Special General Meeting called specifically for such purpose and of which thirty (30) clear days’ notice specifying the intention to propose such a resolution has been given.
  • Upon the dissolution of Umkhanyakude Sports Confederation its property not consisting of money shall be sold and the proceeds, together with so much thereof shall consist of money, shall be applied in satisfaction of the debt and liabilities of Umkhanyakude Sports Confederation and subject thereto, the balance shall be distributed equally among affiliates of the Confederation which are also registered as a “Public Benefit Organizations’’ in terms of Section 30 of Income Tax Act, or to some other similar public benefit organizations which has been approved in terms of Section 30 of the income Tax Act No 58 of 1962, to be determined by the Confederation at or before the time of its dissolution or, failing such determination, by the Court.