Constitution
CLUB CONSTITUTION
1.NAME OF CLUB
The name of the Club shall be “De Beers Association Football Club”.
2.OBJECT (PURPOSE) OF THE CLUB
The object or purpose of the Club is:
2.1 To provide its Members with such sporting, social and recreational facilities as would normally be associated with a soccer club, including such other items as may be incidental or ancillary to these facilities;
2.2 To foster, develop and encourage the playing of soccer.
3.NATURE OF THE CLUB
The Club is an association of its Members, is not established for the purpose of profit or gain and may sue or be sued in any competent Court of Law in its own name.
4. DEFINITIONS
4.1“Annual General Meeting” shall mean a meeting of Members of the Club in accordance with Clause 11 hereof.
4.2 “Subscription” shall mean the amount paid annually by Members and shall be determined by the Executive prior to the imposition of such subscription.
4.3 “The Club” shall mean the De Beers Association Football Club.
4.4 “The Executive” shall mean the Executive Committee of the Club, as referred to in Clause 13 hereof.
4.5 “The Junior Committee” shall mean the sub-committee elected in terms of this constitution.
4.6 “The Ladies Committee” shall mean the sub-committee elected in terms of this constitution.
4.7 “Junior Annual General Meeting” shall mean a meeting of all such persons as are eligible to vote at such meetings, held in terms of clause 16 of this constitution.
4.8 “Ladies Annual General Meeting” shall mean a meeting of all such persons as are eligible to vote at such meetings, held in terms of clause 7 of this constitution.
4.9 “A Special General Meeting” shall mean a meeting called by the Executive at any 1 time in terms of Clause 12 hereof.
4.10 “Member” shall mean such person as is referred to in Clause 8 of this constitution and who has successfully applied for membership of the Club.
5. LIABILITY OF MEMBERS
The liability of Members shall be limited to the amount of their unpaid annual subscriptions and any other amounts that they may owe the Club from time to time whether referred to in this constitution or not.
6. COLOURS
The Club uniform shall consist of a royal blue shirt, white shorts and royal blue stockings with turnover tops containing two white stripes or an alternate strip of a combination of the club colours.
7. BADGE
The Club badge shall consist of:
“A representation of an association football in gold, with markings and lacing in brown, bearing the monogram AFC in white lettering. Underneath the football shall appear the words ‘De Beers’ in white gothic lettering on a royal blue field”.
8. DEFINITIONS OF MEMBERSHIP
The Members of the Club shall, subject to the provisions of this constitution, consist of:
8.1Life Members — who shall be Ordinary Members who have rendered exceptional service to the Club over a period of not less than ten years and who have, upon recommendation by the Executive, been elected as Life Members by a not less than two thirds majority of an Annual General Meeting. In exceptional circumstances, and upon recommendation of the Executive, an Ordinary Member of less than ten years standing, may be elected to life membership, provided that the person is so elected by a unanimous vote of an Annual General Meeting. There shall, at any given time, not be more than ten Life Members.
8.2 Ordinary Members –
8.2.1 Any member who has attained the age of 18 years before the date of any particular Annual General Meeting and who plays or wishes to qualify to play for a soccer team of the Club;
Or
8.2.2 Any person who has been elected or appointed as a manager or coach of a particular team representing the Club in official competitions of any body to which the Club belongs. The ordinary membership of any person becoming an Ordinary Member in terms of this Sub-Clause 8.2.2 shall automatically be revoked when such person ceases to so act as manager or coach for any reason whatsoever, other than by reason of a particular playing season coming to an end. Only one person shall become an Ordinary Member in terms of this Sub-Clause 8.2.2 in respect of any one team so representing the Club;
Or
8.2.3 Any parent/guardian of a Junior Member of the Club who does not play or wish to qualify to play for any soccer team of the Club, subject thereto that:
8.2.3.1 Only one parent/guardian of a Junior Member will be eligible for ordinary membership in terms of this Sub-Clause 8.2.3; and further subject thereto that
8.2.3.2such parent/guardian is liable to the Club for payment of an annual subscription equal to the difference between the annual subscription payable by an Ordinary Member as is referred to in Clause 8.2.1 and the amount of the annual subscription payable by the eldest Junior Member of whom such person is the parent/guardian;
Or
8.2.4 Any person who:
8.2.4.1Has served on an Executive, Junior or Ladies Committee for a continuous period of not less than one full soccer season, and
8.2.4.2 Does not play or wish to qualify to play for any soccer team of the Club, but subject thereto that:
8.2.4.3The membership of such a person will automatically be revoked upon such a person ceasing to so serve on the relevant committee or sub-committee;
8.2.4.4Not more than 2 members of the Ladies Committee and not more than 4 members of the Juniors Committee shall at any one time be Ordinary Members in terms of this Sub-Clause
8.3 “Junior Members” — any member who has by the date of any particular Annual General Meeting not attained the age of 18 years.
8.4“Student Members” — only members who are bona fide students, up to the age of 24 years, and who are enrolled at a university, a technicon or training college and shall include a person serving articles or an apprenticeship. A person enrolled at a university, a technicon or training college as a part time student only, is not entitled to student membership unless he or she is serving articles or an apprenticeship at the same time.
8.5 “Social Members” — any member who has attained the age of 18 years and who wishes to utilise the social facilities and not the soccer playing facilities of the Club.
9. RIGHTS, DUTIES AND PRIVILEGES OF MEMBERS
Subject to the limitations set in this constitution, the rules made in terms thereof or by the Executive:
9.1 All members shall be entitled to make use of all the facilities and amenities of the Club.
9.2 Life Members shall have full privileges of membership of the Club without having to pay a subscription, including, without limiting the generality of the foregoing, the right to vote at any Annual and Special General Meeting, and shall be ex officio members of the Executive with full voting powers at all meetings of the Executive.
9.3 Only Life Members and Ordinary Members shall be entitled to vote at Annual and Special General Meetings.
9.4 Social Members shall not be entitled to represent the Club in, play for, or practice with any soccer team of the Club.
9.5 All Members shall be subject to and adhere to any regulation, rule or decision made by the Executive.
9.6 Any Member who has failed to fulfil his or her obligations to the Club shall not be eligible for nomination to or hold any official position in the Club, which includes, without limiting the generality of the a foregoing, any position on any committee and any managing or coaching position.
10. MEMBERSHIP
10.1 All prospective Members shall be required to complete such membership application forms and to follow such procedures to apply for membership of the Club as may be prescribed by the Executive from time to time.
10.2 Applicants for membership shall be obliged to agree to be bound by this constitution and any rules made in terms thereof.
10.3 The Executive, in its sole discretion, shall be entitled to refuse membership to any person applying for same, without any obligation to provide reasons for such refusal.
10.4 No person, other than a person who becomes a Life Member in terms of this constitution, shall become a Member of the Club before the Executive or a Sub Committee or person appointed by the Executive for that purpose has approved such person’s application for membership.
10.5 Any Member, not having paid his or her current subscription by the end of April of any particular year, shall be regarded as not having fulfilled his or her obligations to the Club and, at the discretion of the Executive, shall cease to be a Member.
10.6 A Member joining the Club after the month of April of any particular year, may not participate in the Club’s activities until his or her current subscription for such year has been paid.
10.7A proper and true register of Club Members shall be kept and maintained by the Club Secretary.
11. ANNUAL GENERAL MEETING
11.1The Annual General Meeting of the Club shall be held not later than the end of February of each year.
11.2 Notice of an Annual General Meeting shall be given by publishing the date and time thereof, as well as the venue where it is to be held, in one issue of a newspaper distributed in the area where the Club is situate, not less than fourteen days prior to the date of the meeting.
11.3The following business shall be transacted at an Annual General Meeting:
11 .3.1 The Election of the Club President;
11.3.2 The election of the Club Chairman, Vice-Chairman, Match Secretary, the Club Treasurer, the Club Secretary and Club Captain;
11.3.3The election of the other four Members of the Executive;
11.3.4The election of the Chairman of the Ladies Committee;
11.3.5The election of the Chairman of the Junior Committee;
11.3.6The election of the Vice-Chairman of the Junior Committee;
11.3.7The adoption of the Minutes of the previous Annual General Meeting;
11.3.8 Consideration of the Executive Report on the management and financial situation of the Club;
11 .3.9The approval of annual financial statements for the preceding year.
11.4 Only such of the Members as are referred to in 8.2 of this constitution, whose subscription has been fully paid for the year immediately preceding the Annual General Meeting, shall be entitled to vote at, be nominated for, or accept office at an Annual General Meeting, unless such member became an ordinary member in terms of Clause 8.2.2 or 8.2.4 and had his/her annual subscription waived by the Executive.
11.5 Twenty Members, who are entitled to vote in terms of 11 .4, shall constitute a quorum at an Annual General Meeting. Should there not be sufficient Members present for a quorum to be constituted, the Chairman shall adjourn the meeting for one week. Those Members entitled to vote, as aforesaid, and present at the adjourned meeting shall constitute a quorum.
11.6 The Club Secretary shall ensure that a true and correct list of members, entitled to vote in terms of 11.4, is available at any Annual General Meeting of the Club.
12. SPECIAL GENERAL MEETING
12.1 Notice of any Special General Meeting shall be given by:
12.1.1 Publishing the date and time thereof, the venue where it is to be held, as well as the object or objects for which such meeting is to be held, in one issue of a newspaper distributed in the area where the Club is situate, not less than twenty one days prior to the date of the meeting; and by
12.1.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the meeting.
12.2 A Special General Meeting shall be called by the Executive:
12.2.1 Upon a resolution of the Executive; or
12.2.2 Upon a requisition signed by not less than thirty Ordinary and/or Life Members, such requisition to state the object or objects of such meeting.
12.3 The provisions of Sub-Clauses 11 .4, 11 .5 and 11 .6 will apply, mutatis mutandis, to Special General Meetings.
12.4No business other than that stated specifically in the Notice of the Special General Meeting may be introduced or discussed at such meeting.
13. EXECUTIVE COMMITTEE
13.1 The Executive Committee shall consist of:
13.1.1 The Club Chairman;
13.1.2 The Vice-Chairman;
13.1.3 The Club Secretary;
13.1.4 The Treasurer;
13.1.5 The Club Captain;
13.1.6 The Match Secretary;
13.1.7 The Chairman of the Junior Committee;
13.1.8The Vice Chairman of the Junior Committee;
13.1.9The Chairman of the Ladies Committee;
13.1.10 four other Ordinary Members;
13.1.11All Life Members in an ex officio capacity.
13.2Unless the outgoing Executive receives the seconded nomination, in writing, of a candidate for election to the Executive at least 10 days before such election and approves such person’s candidature prior to a particular election at an Annual General Meeting, only persons who had been members of the Club for a minimum period of two years may be elected to the Executive.
13.3Only members who had served as members of the Executive for a minimum period of two years may be elected as Club Chairman, or chairman of the Ladies or Junior Sections, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
13.4The Club Chairman shall not be entitled to serve as Club Chairman for a period longer than two consecutive years.
13.5All of the members of the Executive Committee, other than Life Members, shall be elected for a period of one year calculated from the date of the Annual General Meeting at which they are elected.
13.6Each member of the Executive Committee shall have one vote and the Club Chairman shall have a casting vote.
13.7The Executive shall meet at least once a month during the soccer-playing season and any Member who is absent, without leave, from three consecutive meetings shall automatically cease to hold office.
13.8Members of the Executive shall be given at least seven days notice, in writing, of the date, time and place of meetings of the Executive and an agenda shall be provided for each meeting.
13.9At any meeting of the Executive seven Members of the Executive shall constitute a quorum.
14. DUTIES OF THE EXECUTIVE
The Executive shall:
14.1 Meet regularly for the dispatch of the current business of the Club; any urgent decisions taken outside an Executive meeting after consulting at least 5 members of the Executive, which shall include the chairman, Vice-Chairman and the treasurer, shall be valid in all respects as if it had been duly agreed to at an Executive meeting provided the decision is ratified at the next formal meeting of the Executive and does not have financial implications for the Club to an amount higher than that determined by the Executive from time to time.
14.2 Ensure that proper records are maintained of the functioning of the Club and proper Minutes are kept of the meetings. Minutes of each meeting shall be approved at each subsequent Executive meeting and thereafter signed by the Chairman;
14.3Represent the Club in law and before any administrative authority;
14.4 Keep a register of all the Members of the Club;
14.5Convene an Annual General Meeting in terms of Clause 11;
14.6 Convene a Special General Meeting in accordance with Clause 12;
14.7Establish or alter Club rules for the purpose of implementing the provisions of the present constitution and proper functioning of the Club;
14.8Cause to be kept proper books of account and such other registers, books or documents as shall be required from time to time;
14.9 Submit the accounts for the past financial year to the Annual General Meeting for approval;
14.10 Maintain a banking account in the name of the Club into which all monies shall be deposited as soon as possible after receipt thereof. All Cheques on such account shall be signed by two members of the Executive, one of whom shall be the Club Chairman or a Life Member and the other the Treasurer or a Life Member;
14.11 Generally manage the affairs of the Club and see to the proper functioning thereof.
15. POWERS OF THE EXECUTIVE
15.1The Executive shall, in addition to the powers conferred upon it elsewhere in this constitution, have the following powers:
15.1.1To fill in its discretion any vacancy in its numbers and in its office bearers referred to in Clause 13, provided that the office of Chairman shall be filled only by the then Vice-Chairman, unless the said then Vice-Chairman declines the position, and further provided that the office of the Treasurer shall only be filled by a Member who had been elected to the Executive at the most recent Annual General Meeting;
15.1.2 To co-opt to the Executive Members of the Club who have particular aptitude or qualifications to serve thereon, or particular enthusiasm for any particular function or task. Members so co-opted shall not be eligible to vote upon any matter before a meeting of the Executive;
15.1.3 To appoint Sub-Committees for special purposes and to delegate to such Sub-Committees any appropriate powers and duties of the Executive. In the event of a Sub-Committee being delegated powers and/or duties of the Executive, its mandate shall be in writing;
15.1.4 To make vary and rescind rules consistent with the provisions of this constitution for the management of the Club’s affairs, the use of its facilities by its Members and generally for arranging good management and administration of the Club and all its activities and functions;
15.1.5 To engage employees for the Club, to enter into service contracts with them upon such terms and conditions as it shall deem fit, to control, suspend and dismiss such employees and to vary their terms of employment from time to time;
15.1.6 To apply to any Court, or other authority for the grant, renewal, extension or modification of any license or right that the Club may require from time to time, and to do all such things as are necessary to maintain and protect same;
15.1.7 To appoint and employ professional advisors, to determine their remuneration and to vary such appointment from time to time;
15.1.8 To institute, conduct, defend, or abandon any legal proceedings by or against the Club or its officers, or otherwise concerning the affairs of the Club and generally to deal with any claims or demands by or against the Club;
15.1 .9 To borrow or raise money in such manner, to such extent and for such purposes, as it shall deem fit;
15.1.10 To invest, lend and deal with any monies of the Club not immediately required for the purposes of the Club, upon such securities and on such terms as it may think fit and from time to time to vary, transpose or release such investments. Such investments shall only be in the form of bank deposits with bona fide financial institutions and shall not be of a speculative nature;
15.1.11 To vary, alter or change subscriptions payable by any Member or group of Members and grant rebates thereof and suspend or defer payment thereof;
15.1.12 To regulate and control the management of the Club, to take such action as it necessary to exercise its rights, to discharge its obligations and to ensure that it complies with the requirements of any law;
15.1.13 To decide such disputes between Members as shall be referred to it;
15.1.14 To acquire or lease any movable or immovable property on behalf of the Club;
15.1.15 To dispose of any movable or immovable property on behalf of the Club;
15.1.16 To suspend or expel any Member of the Club for contravention of the rules, by-laws and constitution of the Club or for conduct deemed to be unbecoming or detrimental to the welfare of the Club or the comfort of its Members.
16. JUNIOR SECTION
16.1The Club shall maintain at least the number of teams for Junior Members as may be required from time to time by the governing body or bodies to which the Club belongs.
16.2The affairs of the junior teams of the Club shall be managed by the Junior Committee subject to this constitution; all the rules and by-laws of the Club, as well as all decisions made by the Executive from time to time and shall consist of:
16.2.1 The Junior Chairman and Vice-Chairman, elected at the Annual General Meeting of the Club;
16.2.2 At least one Ordinary Member appointed by the Executive;
16.2.3 Other persons to fill the duties of secretary, treasurer and team managers, elected at the Junior Annual General Meeting.
16.3Only members who had served as members of the Junior committee for a minimum period of two years may be elected as Chairman, Vice Chairman or Treasurer of the Junior Committee, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
16.4 A Junior Annual General Meeting shall be held within twenty-one days of every Annual General Meeting and notice thereof shall be given by the then Junior Chairman:
16.4.1 Causing the date and time as well as the venue where it is to be held to be published in one issue of a newspaper, distributed in the area where the Club is situate, not less than seven days prior to the date of the meeting; and by
16.4.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the Junior Annual General Meeting.
16.5Subject to the provisions of Clause 16.6 the following persons may vote at Junior Annual General Meetings:
16.5.1 Life Members.
16.5.2 Ordinary Members.
16.5.3 One parent/guardian of any Junior Member.
16.6No person shall be entitled to vote at any Junior Annual General Meeting if the subscription/s payable by that person, or Junior Member in respect of which a parent/guardian may otherwise vote in terms hereof, is not fully paid for the year immediately preceding the most recent Annual General Meeting.
17. LADIES SECTION
17.1 The affairs of the ladies teams of the Club shall be managed by the Ladies Committee subject to this constitution; all the rules and by-laws of the Club, as well as all decisions made by the Executive from time to time and shall consist of:
17.1.1 The Ladies Chairman, elected at the Annual General Meeting of the Club;
17.1.2 At least one Ordinary Member appointed by the Executive;
17.1.3 Other persons to fill the duties of secretary, treasurer and team managers, elected at the Ladies Annual General Meeting.
17.2A Ladies Annual General Meeting shall be held within twenty one days of every Annual General Meeting and notice thereof shall be given by the then Ladies Chairman:
17.2.1 Causing the date and time thereof as well as the venue where it is to be held to be published in one issue of a newspaper distributed in the area where the Club is situate, not less than seven days prior to the date of the meeting; and by
17.2.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the Ladies Annual General Meeting.
17.3Only members who had served as members of the Ladies committee for a minimum period of two years may be elected as Chairman or Treasurer of the Ladies Committee, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
Subject to the provisions of Clause 17.5, the following persons may vote at Ladies Annual General Meetings:
17.4.1Life Members;
17.4.2 Ordinary Members;
17.4.3 Female Student Members over the age of 18 years old;
17.4.4 One parent/guardian of any Female Junior Member,
17.5No person shall be entitled to vote at any Ladies Annual General Meeting if the subscription/s payable by that person, or the Junior Member in respect of which a parent/guardian may otherwise vote in terms hereof, is not fully paid for the year immediately preceding the most recent Annual General Meeting.
18. FINANCES
18.1 The funds of the Club shall be kept in an account with a local Bank and all Cheques shall be signed by two members of the Executive, one of whom shall be the Chairman or a Life Member and the other the Treasurer or a Life Member.
18.2All disbursements, exceeding such amount as may be stipulated from time to time by the Executive, shall only be made after approval by the Executive and all payments of disbursements shall be made by cheque except with the express written approval of the Chairman or the Treasurer.
18.3Official receipts will be issued for all monies received by the Treasurer, and such monies shall be deposited at the Bank within seven (7) days of receipt.
18.4The financial year shall end on 31 December of each year.
18.5True and correct books of account shall be kept and shall after the financial year end be reviewed and approved by the Executive and certified by the Chairman as being true and correct.
18.6A minimum of 10% of the balance of all monies raised by any fundraising effort, event or function (“the fundraising”) and available after deduction of the costs of such fundraising shall be donated to the Club. For the purposes of this clause 18.6, fundraising shall include any financial sponsorship of any team or teams but shall not include donations of soccer kit or soccer equipment.
18.7No fundraising shall be arranged without the approval of the Executive first having been obtained and a full report of each fundraising shall be made to the Executive as soon as possible after each fundraising.
19. DISCIPLINE
19.Should any Member in the opinion of the Executive or the Disciplinary Committee, commit any breach of the Constitution, Rules and/or Regulations of the Club, fail to pay Annual Subscriptions, special levies, or any other charges due and payable to the Club, or be guilty of improper, dishonest, unsportsmanlike, offensive, unseemly, or objectionable conduct, or conduct likely to reflect discredit on the Club or its Members as a group, or of conduct that is prejudicial to the interests or the reputation of the Club, whether within the Club’s premises or outside them, the Disciplinary Committee shall have the power:
19.1.1 To reprimand such Member;
19.1.2To deprive such Member of all or any rights and privileges of Membership for such period as the Disciplinary Committee may deem fit;
19.1.3 To suspend such Member during such time or period as the Disciplinary Committee may deem fit;
19.1.4 To impose a fine on such Member for such an amount as it may deem fit which shall be a debt owing to the Club and payable on demand;
19.1.5 To call upon a Member, other than Life Member, in writing to resign. If he or she fails to resign within 7 (SEVEN) days the Disciplinary Committee may expel such Member from the Club;
19.1.6 To declare such Member for such period as the Disciplinary Committee shall deem fit ineligible for re-election or re-election to any committee of the Club;
19.1.7 To publish names of Members against whom disciplinary action has been taken in such form and place as the Committee in its sole discretion may deem fit and appropriate;
19.1.8 To publish names of Members who fail to pay their Annual Subscription or any other amount within 60 (SIXTY) days of it becoming due, in such form and place as the Committee in its sole discretion may deem fit and appropriate;
19.2 The powers set out in 19.1 may be exercised only after the Member affected by such disciplinary action has been given the opportunity to make oral or written representations to the Disciplinary Committee of the impending disciplinary action. After considering the representations by the Member affected, the Disciplinary Committee must notify the Member in writing of its decision.
19.3A Member shall have the right of appeal to the Executive against any disciplinary steps taken against that Member. Such an appeal shall be lodged in writing with the Club Chairman or Club Secretary within 7 (SEVEN) days of the decision of the Disciplinary Committee. If so requested in writing by the Member appealing, the Member shall be given an opportunity to make oral or written representation to the Executive by such date stipulated by the Executive. The Executive may confirm or reverse all or part of the decision of the Disciplinary Committee or refer the matter back to the Disciplinary Committee for further deliberation and must notify the Member in writing of its decision within 14 days of the decision.
19.4 The Disciplinary Committee shall consist of:
19.4.1 The Club Captain; and
19.4.2 Three other Members of the Executive of which one shall be a Life Member, appointed from time to time by the Executive.
20. ALTERATIONS AND INTERPRETATION OF CONSTITUTION
20.1This Constitution may be amended, added to, altered or varied by a majority of those members entitled to vote at any General Meeting which may be called in terms of this Constitution, and provided that notice of the intention to amend the Constitution at such Meeting shall have been given in the notice properly convening the same.
20.2 If any doubt or dispute shall arise over the proper interpretation of any of the a foregoing clauses, the matter shall be referred to the Executive, whose decision shall be final.
20.3 Any reference in this Constitution to the masculine gender shall be deemed to include the feminine or neuter gender and vice versa, unless the context clearly indicates otherwise. Any reference to the singular shall indicate the plural, and vice versa.
20.4If any clause or part thereof is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining clauses shall continue to be of full force and effect.
21. LIQUIDATION
21.1The Club may be wound up by a resolution passed by not less than 75% (SEVENTY FIVE PERCENT) of all Members and at a Special General Meeting called for that purpose.
21.2 If upon winding up or dissolution of the Club, and after the satisfaction of all its debts and liabilities, there shall remain any assets whatever, the same shall be given or transferred to some other company, society or association having objects similar to the Club.
22. PREVIOUS CONSTITUTION
All decisions, rules, by-laws and agreements made and entered into prior to the adoption of this Constitution shall remain in force and effect until or unless amended or terminated in terms of or by this Constitution.
23. THE CLUB PRESIDENT
23.1The Club President, elected at the Annual General Meeting of the Club, shall hold an honorary position, with no powers or specific duties other than that of an Ordinary Member.
23.2 The Club President shall hold office for a period of one year unless re-elected for a further term at the following Annual General Meeting/s of the Club.
1.NAME OF CLUB
The name of the Club shall be “De Beers Association Football Club”.
2.OBJECT (PURPOSE) OF THE CLUB
The object or purpose of the Club is:
2.1 To provide its Members with such sporting, social and recreational facilities as would normally be associated with a soccer club, including such other items as may be incidental or ancillary to these facilities;
2.2 To foster, develop and encourage the playing of soccer.
3.NATURE OF THE CLUB
The Club is an association of its Members, is not established for the purpose of profit or gain and may sue or be sued in any competent Court of Law in its own name.
4. DEFINITIONS
4.1“Annual General Meeting” shall mean a meeting of Members of the Club in accordance with Clause 11 hereof.
4.2 “Subscription” shall mean the amount paid annually by Members and shall be determined by the Executive prior to the imposition of such subscription.
4.3 “The Club” shall mean the De Beers Association Football Club.
4.4 “The Executive” shall mean the Executive Committee of the Club, as referred to in Clause 13 hereof.
4.5 “The Junior Committee” shall mean the sub-committee elected in terms of this constitution.
4.6 “The Ladies Committee” shall mean the sub-committee elected in terms of this constitution.
4.7 “Junior Annual General Meeting” shall mean a meeting of all such persons as are eligible to vote at such meetings, held in terms of clause 16 of this constitution.
4.8 “Ladies Annual General Meeting” shall mean a meeting of all such persons as are eligible to vote at such meetings, held in terms of clause 7 of this constitution.
4.9 “A Special General Meeting” shall mean a meeting called by the Executive at any 1 time in terms of Clause 12 hereof.
4.10 “Member” shall mean such person as is referred to in Clause 8 of this constitution and who has successfully applied for membership of the Club.
5. LIABILITY OF MEMBERS
The liability of Members shall be limited to the amount of their unpaid annual subscriptions and any other amounts that they may owe the Club from time to time whether referred to in this constitution or not.
6. COLOURS
The Club uniform shall consist of a royal blue shirt, white shorts and royal blue stockings with turnover tops containing two white stripes or an alternate strip of a combination of the club colours.
7. BADGE
The Club badge shall consist of:
“A representation of an association football in gold, with markings and lacing in brown, bearing the monogram AFC in white lettering. Underneath the football shall appear the words ‘De Beers’ in white gothic lettering on a royal blue field”.
8. DEFINITIONS OF MEMBERSHIP
The Members of the Club shall, subject to the provisions of this constitution, consist of:
8.1Life Members — who shall be Ordinary Members who have rendered exceptional service to the Club over a period of not less than ten years and who have, upon recommendation by the Executive, been elected as Life Members by a not less than two thirds majority of an Annual General Meeting. In exceptional circumstances, and upon recommendation of the Executive, an Ordinary Member of less than ten years standing, may be elected to life membership, provided that the person is so elected by a unanimous vote of an Annual General Meeting. There shall, at any given time, not be more than ten Life Members.
8.2 Ordinary Members –
8.2.1 Any member who has attained the age of 18 years before the date of any particular Annual General Meeting and who plays or wishes to qualify to play for a soccer team of the Club;
Or
8.2.2 Any person who has been elected or appointed as a manager or coach of a particular team representing the Club in official competitions of any body to which the Club belongs. The ordinary membership of any person becoming an Ordinary Member in terms of this Sub-Clause 8.2.2 shall automatically be revoked when such person ceases to so act as manager or coach for any reason whatsoever, other than by reason of a particular playing season coming to an end. Only one person shall become an Ordinary Member in terms of this Sub-Clause 8.2.2 in respect of any one team so representing the Club;
Or
8.2.3 Any parent/guardian of a Junior Member of the Club who does not play or wish to qualify to play for any soccer team of the Club, subject thereto that:
8.2.3.1 Only one parent/guardian of a Junior Member will be eligible for ordinary membership in terms of this Sub-Clause 8.2.3; and further subject thereto that
8.2.3.2such parent/guardian is liable to the Club for payment of an annual subscription equal to the difference between the annual subscription payable by an Ordinary Member as is referred to in Clause 8.2.1 and the amount of the annual subscription payable by the eldest Junior Member of whom such person is the parent/guardian;
Or
8.2.4 Any person who:
8.2.4.1Has served on an Executive, Junior or Ladies Committee for a continuous period of not less than one full soccer season, and
8.2.4.2 Does not play or wish to qualify to play for any soccer team of the Club, but subject thereto that:
8.2.4.3The membership of such a person will automatically be revoked upon such a person ceasing to so serve on the relevant committee or sub-committee;
8.2.4.4Not more than 2 members of the Ladies Committee and not more than 4 members of the Juniors Committee shall at any one time be Ordinary Members in terms of this Sub-Clause
8.3 “Junior Members” — any member who has by the date of any particular Annual General Meeting not attained the age of 18 years.
8.4“Student Members” — only members who are bona fide students, up to the age of 24 years, and who are enrolled at a university, a technicon or training college and shall include a person serving articles or an apprenticeship. A person enrolled at a university, a technicon or training college as a part time student only, is not entitled to student membership unless he or she is serving articles or an apprenticeship at the same time.
8.5 “Social Members” — any member who has attained the age of 18 years and who wishes to utilise the social facilities and not the soccer playing facilities of the Club.
9. RIGHTS, DUTIES AND PRIVILEGES OF MEMBERS
Subject to the limitations set in this constitution, the rules made in terms thereof or by the Executive:
9.1 All members shall be entitled to make use of all the facilities and amenities of the Club.
9.2 Life Members shall have full privileges of membership of the Club without having to pay a subscription, including, without limiting the generality of the foregoing, the right to vote at any Annual and Special General Meeting, and shall be ex officio members of the Executive with full voting powers at all meetings of the Executive.
9.3 Only Life Members and Ordinary Members shall be entitled to vote at Annual and Special General Meetings.
9.4 Social Members shall not be entitled to represent the Club in, play for, or practice with any soccer team of the Club.
9.5 All Members shall be subject to and adhere to any regulation, rule or decision made by the Executive.
9.6 Any Member who has failed to fulfil his or her obligations to the Club shall not be eligible for nomination to or hold any official position in the Club, which includes, without limiting the generality of the a foregoing, any position on any committee and any managing or coaching position.
10. MEMBERSHIP
10.1 All prospective Members shall be required to complete such membership application forms and to follow such procedures to apply for membership of the Club as may be prescribed by the Executive from time to time.
10.2 Applicants for membership shall be obliged to agree to be bound by this constitution and any rules made in terms thereof.
10.3 The Executive, in its sole discretion, shall be entitled to refuse membership to any person applying for same, without any obligation to provide reasons for such refusal.
10.4 No person, other than a person who becomes a Life Member in terms of this constitution, shall become a Member of the Club before the Executive or a Sub Committee or person appointed by the Executive for that purpose has approved such person’s application for membership.
10.5 Any Member, not having paid his or her current subscription by the end of April of any particular year, shall be regarded as not having fulfilled his or her obligations to the Club and, at the discretion of the Executive, shall cease to be a Member.
10.6 A Member joining the Club after the month of April of any particular year, may not participate in the Club’s activities until his or her current subscription for such year has been paid.
10.7A proper and true register of Club Members shall be kept and maintained by the Club Secretary.
11. ANNUAL GENERAL MEETING
11.1The Annual General Meeting of the Club shall be held not later than the end of February of each year.
11.2 Notice of an Annual General Meeting shall be given by publishing the date and time thereof, as well as the venue where it is to be held, in one issue of a newspaper distributed in the area where the Club is situate, not less than fourteen days prior to the date of the meeting.
11.3The following business shall be transacted at an Annual General Meeting:
11 .3.1 The Election of the Club President;
11.3.2 The election of the Club Chairman, Vice-Chairman, Match Secretary, the Club Treasurer, the Club Secretary and Club Captain;
11.3.3The election of the other four Members of the Executive;
11.3.4The election of the Chairman of the Ladies Committee;
11.3.5The election of the Chairman of the Junior Committee;
11.3.6The election of the Vice-Chairman of the Junior Committee;
11.3.7The adoption of the Minutes of the previous Annual General Meeting;
11.3.8 Consideration of the Executive Report on the management and financial situation of the Club;
11 .3.9The approval of annual financial statements for the preceding year.
11.4 Only such of the Members as are referred to in 8.2 of this constitution, whose subscription has been fully paid for the year immediately preceding the Annual General Meeting, shall be entitled to vote at, be nominated for, or accept office at an Annual General Meeting, unless such member became an ordinary member in terms of Clause 8.2.2 or 8.2.4 and had his/her annual subscription waived by the Executive.
11.5 Twenty Members, who are entitled to vote in terms of 11 .4, shall constitute a quorum at an Annual General Meeting. Should there not be sufficient Members present for a quorum to be constituted, the Chairman shall adjourn the meeting for one week. Those Members entitled to vote, as aforesaid, and present at the adjourned meeting shall constitute a quorum.
11.6 The Club Secretary shall ensure that a true and correct list of members, entitled to vote in terms of 11.4, is available at any Annual General Meeting of the Club.
12. SPECIAL GENERAL MEETING
12.1 Notice of any Special General Meeting shall be given by:
12.1.1 Publishing the date and time thereof, the venue where it is to be held, as well as the object or objects for which such meeting is to be held, in one issue of a newspaper distributed in the area where the Club is situate, not less than twenty one days prior to the date of the meeting; and by
12.1.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the meeting.
12.2 A Special General Meeting shall be called by the Executive:
12.2.1 Upon a resolution of the Executive; or
12.2.2 Upon a requisition signed by not less than thirty Ordinary and/or Life Members, such requisition to state the object or objects of such meeting.
12.3 The provisions of Sub-Clauses 11 .4, 11 .5 and 11 .6 will apply, mutatis mutandis, to Special General Meetings.
12.4No business other than that stated specifically in the Notice of the Special General Meeting may be introduced or discussed at such meeting.
13. EXECUTIVE COMMITTEE
13.1 The Executive Committee shall consist of:
13.1.1 The Club Chairman;
13.1.2 The Vice-Chairman;
13.1.3 The Club Secretary;
13.1.4 The Treasurer;
13.1.5 The Club Captain;
13.1.6 The Match Secretary;
13.1.7 The Chairman of the Junior Committee;
13.1.8The Vice Chairman of the Junior Committee;
13.1.9The Chairman of the Ladies Committee;
13.1.10 four other Ordinary Members;
13.1.11All Life Members in an ex officio capacity.
13.2Unless the outgoing Executive receives the seconded nomination, in writing, of a candidate for election to the Executive at least 10 days before such election and approves such person’s candidature prior to a particular election at an Annual General Meeting, only persons who had been members of the Club for a minimum period of two years may be elected to the Executive.
13.3Only members who had served as members of the Executive for a minimum period of two years may be elected as Club Chairman, or chairman of the Ladies or Junior Sections, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
13.4The Club Chairman shall not be entitled to serve as Club Chairman for a period longer than two consecutive years.
13.5All of the members of the Executive Committee, other than Life Members, shall be elected for a period of one year calculated from the date of the Annual General Meeting at which they are elected.
13.6Each member of the Executive Committee shall have one vote and the Club Chairman shall have a casting vote.
13.7The Executive shall meet at least once a month during the soccer-playing season and any Member who is absent, without leave, from three consecutive meetings shall automatically cease to hold office.
13.8Members of the Executive shall be given at least seven days notice, in writing, of the date, time and place of meetings of the Executive and an agenda shall be provided for each meeting.
13.9At any meeting of the Executive seven Members of the Executive shall constitute a quorum.
14. DUTIES OF THE EXECUTIVE
The Executive shall:
14.1 Meet regularly for the dispatch of the current business of the Club; any urgent decisions taken outside an Executive meeting after consulting at least 5 members of the Executive, which shall include the chairman, Vice-Chairman and the treasurer, shall be valid in all respects as if it had been duly agreed to at an Executive meeting provided the decision is ratified at the next formal meeting of the Executive and does not have financial implications for the Club to an amount higher than that determined by the Executive from time to time.
14.2 Ensure that proper records are maintained of the functioning of the Club and proper Minutes are kept of the meetings. Minutes of each meeting shall be approved at each subsequent Executive meeting and thereafter signed by the Chairman;
14.3Represent the Club in law and before any administrative authority;
14.4 Keep a register of all the Members of the Club;
14.5Convene an Annual General Meeting in terms of Clause 11;
14.6 Convene a Special General Meeting in accordance with Clause 12;
14.7Establish or alter Club rules for the purpose of implementing the provisions of the present constitution and proper functioning of the Club;
14.8Cause to be kept proper books of account and such other registers, books or documents as shall be required from time to time;
14.9 Submit the accounts for the past financial year to the Annual General Meeting for approval;
14.10 Maintain a banking account in the name of the Club into which all monies shall be deposited as soon as possible after receipt thereof. All Cheques on such account shall be signed by two members of the Executive, one of whom shall be the Club Chairman or a Life Member and the other the Treasurer or a Life Member;
14.11 Generally manage the affairs of the Club and see to the proper functioning thereof.
15. POWERS OF THE EXECUTIVE
15.1The Executive shall, in addition to the powers conferred upon it elsewhere in this constitution, have the following powers:
15.1.1To fill in its discretion any vacancy in its numbers and in its office bearers referred to in Clause 13, provided that the office of Chairman shall be filled only by the then Vice-Chairman, unless the said then Vice-Chairman declines the position, and further provided that the office of the Treasurer shall only be filled by a Member who had been elected to the Executive at the most recent Annual General Meeting;
15.1.2 To co-opt to the Executive Members of the Club who have particular aptitude or qualifications to serve thereon, or particular enthusiasm for any particular function or task. Members so co-opted shall not be eligible to vote upon any matter before a meeting of the Executive;
15.1.3 To appoint Sub-Committees for special purposes and to delegate to such Sub-Committees any appropriate powers and duties of the Executive. In the event of a Sub-Committee being delegated powers and/or duties of the Executive, its mandate shall be in writing;
15.1.4 To make vary and rescind rules consistent with the provisions of this constitution for the management of the Club’s affairs, the use of its facilities by its Members and generally for arranging good management and administration of the Club and all its activities and functions;
15.1.5 To engage employees for the Club, to enter into service contracts with them upon such terms and conditions as it shall deem fit, to control, suspend and dismiss such employees and to vary their terms of employment from time to time;
15.1.6 To apply to any Court, or other authority for the grant, renewal, extension or modification of any license or right that the Club may require from time to time, and to do all such things as are necessary to maintain and protect same;
15.1.7 To appoint and employ professional advisors, to determine their remuneration and to vary such appointment from time to time;
15.1.8 To institute, conduct, defend, or abandon any legal proceedings by or against the Club or its officers, or otherwise concerning the affairs of the Club and generally to deal with any claims or demands by or against the Club;
15.1 .9 To borrow or raise money in such manner, to such extent and for such purposes, as it shall deem fit;
15.1.10 To invest, lend and deal with any monies of the Club not immediately required for the purposes of the Club, upon such securities and on such terms as it may think fit and from time to time to vary, transpose or release such investments. Such investments shall only be in the form of bank deposits with bona fide financial institutions and shall not be of a speculative nature;
15.1.11 To vary, alter or change subscriptions payable by any Member or group of Members and grant rebates thereof and suspend or defer payment thereof;
15.1.12 To regulate and control the management of the Club, to take such action as it necessary to exercise its rights, to discharge its obligations and to ensure that it complies with the requirements of any law;
15.1.13 To decide such disputes between Members as shall be referred to it;
15.1.14 To acquire or lease any movable or immovable property on behalf of the Club;
15.1.15 To dispose of any movable or immovable property on behalf of the Club;
15.1.16 To suspend or expel any Member of the Club for contravention of the rules, by-laws and constitution of the Club or for conduct deemed to be unbecoming or detrimental to the welfare of the Club or the comfort of its Members.
16. JUNIOR SECTION
16.1The Club shall maintain at least the number of teams for Junior Members as may be required from time to time by the governing body or bodies to which the Club belongs.
16.2The affairs of the junior teams of the Club shall be managed by the Junior Committee subject to this constitution; all the rules and by-laws of the Club, as well as all decisions made by the Executive from time to time and shall consist of:
16.2.1 The Junior Chairman and Vice-Chairman, elected at the Annual General Meeting of the Club;
16.2.2 At least one Ordinary Member appointed by the Executive;
16.2.3 Other persons to fill the duties of secretary, treasurer and team managers, elected at the Junior Annual General Meeting.
16.3Only members who had served as members of the Junior committee for a minimum period of two years may be elected as Chairman, Vice Chairman or Treasurer of the Junior Committee, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
16.4 A Junior Annual General Meeting shall be held within twenty-one days of every Annual General Meeting and notice thereof shall be given by the then Junior Chairman:
16.4.1 Causing the date and time as well as the venue where it is to be held to be published in one issue of a newspaper, distributed in the area where the Club is situate, not less than seven days prior to the date of the meeting; and by
16.4.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the Junior Annual General Meeting.
16.5Subject to the provisions of Clause 16.6 the following persons may vote at Junior Annual General Meetings:
16.5.1 Life Members.
16.5.2 Ordinary Members.
16.5.3 One parent/guardian of any Junior Member.
16.6No person shall be entitled to vote at any Junior Annual General Meeting if the subscription/s payable by that person, or Junior Member in respect of which a parent/guardian may otherwise vote in terms hereof, is not fully paid for the year immediately preceding the most recent Annual General Meeting.
17. LADIES SECTION
17.1 The affairs of the ladies teams of the Club shall be managed by the Ladies Committee subject to this constitution; all the rules and by-laws of the Club, as well as all decisions made by the Executive from time to time and shall consist of:
17.1.1 The Ladies Chairman, elected at the Annual General Meeting of the Club;
17.1.2 At least one Ordinary Member appointed by the Executive;
17.1.3 Other persons to fill the duties of secretary, treasurer and team managers, elected at the Ladies Annual General Meeting.
17.2A Ladies Annual General Meeting shall be held within twenty one days of every Annual General Meeting and notice thereof shall be given by the then Ladies Chairman:
17.2.1 Causing the date and time thereof as well as the venue where it is to be held to be published in one issue of a newspaper distributed in the area where the Club is situate, not less than seven days prior to the date of the meeting; and by
17.2.2 Prominently and continuously displaying the same notice on the Club notice board from the date of its publication as aforesaid until the date of the Ladies Annual General Meeting.
17.3Only members who had served as members of the Ladies committee for a minimum period of two years may be elected as Chairman or Treasurer of the Ladies Committee, unless there are at a particular election no such members who are willing to make himself/herself available for such position.
Subject to the provisions of Clause 17.5, the following persons may vote at Ladies Annual General Meetings:
17.4.1Life Members;
17.4.2 Ordinary Members;
17.4.3 Female Student Members over the age of 18 years old;
17.4.4 One parent/guardian of any Female Junior Member,
17.5No person shall be entitled to vote at any Ladies Annual General Meeting if the subscription/s payable by that person, or the Junior Member in respect of which a parent/guardian may otherwise vote in terms hereof, is not fully paid for the year immediately preceding the most recent Annual General Meeting.
18. FINANCES
18.1 The funds of the Club shall be kept in an account with a local Bank and all Cheques shall be signed by two members of the Executive, one of whom shall be the Chairman or a Life Member and the other the Treasurer or a Life Member.
18.2All disbursements, exceeding such amount as may be stipulated from time to time by the Executive, shall only be made after approval by the Executive and all payments of disbursements shall be made by cheque except with the express written approval of the Chairman or the Treasurer.
18.3Official receipts will be issued for all monies received by the Treasurer, and such monies shall be deposited at the Bank within seven (7) days of receipt.
18.4The financial year shall end on 31 December of each year.
18.5True and correct books of account shall be kept and shall after the financial year end be reviewed and approved by the Executive and certified by the Chairman as being true and correct.
18.6A minimum of 10% of the balance of all monies raised by any fundraising effort, event or function (“the fundraising”) and available after deduction of the costs of such fundraising shall be donated to the Club. For the purposes of this clause 18.6, fundraising shall include any financial sponsorship of any team or teams but shall not include donations of soccer kit or soccer equipment.
18.7No fundraising shall be arranged without the approval of the Executive first having been obtained and a full report of each fundraising shall be made to the Executive as soon as possible after each fundraising.
19. DISCIPLINE
19.Should any Member in the opinion of the Executive or the Disciplinary Committee, commit any breach of the Constitution, Rules and/or Regulations of the Club, fail to pay Annual Subscriptions, special levies, or any other charges due and payable to the Club, or be guilty of improper, dishonest, unsportsmanlike, offensive, unseemly, or objectionable conduct, or conduct likely to reflect discredit on the Club or its Members as a group, or of conduct that is prejudicial to the interests or the reputation of the Club, whether within the Club’s premises or outside them, the Disciplinary Committee shall have the power:
19.1.1 To reprimand such Member;
19.1.2To deprive such Member of all or any rights and privileges of Membership for such period as the Disciplinary Committee may deem fit;
19.1.3 To suspend such Member during such time or period as the Disciplinary Committee may deem fit;
19.1.4 To impose a fine on such Member for such an amount as it may deem fit which shall be a debt owing to the Club and payable on demand;
19.1.5 To call upon a Member, other than Life Member, in writing to resign. If he or she fails to resign within 7 (SEVEN) days the Disciplinary Committee may expel such Member from the Club;
19.1.6 To declare such Member for such period as the Disciplinary Committee shall deem fit ineligible for re-election or re-election to any committee of the Club;
19.1.7 To publish names of Members against whom disciplinary action has been taken in such form and place as the Committee in its sole discretion may deem fit and appropriate;
19.1.8 To publish names of Members who fail to pay their Annual Subscription or any other amount within 60 (SIXTY) days of it becoming due, in such form and place as the Committee in its sole discretion may deem fit and appropriate;
19.2 The powers set out in 19.1 may be exercised only after the Member affected by such disciplinary action has been given the opportunity to make oral or written representations to the Disciplinary Committee of the impending disciplinary action. After considering the representations by the Member affected, the Disciplinary Committee must notify the Member in writing of its decision.
19.3A Member shall have the right of appeal to the Executive against any disciplinary steps taken against that Member. Such an appeal shall be lodged in writing with the Club Chairman or Club Secretary within 7 (SEVEN) days of the decision of the Disciplinary Committee. If so requested in writing by the Member appealing, the Member shall be given an opportunity to make oral or written representation to the Executive by such date stipulated by the Executive. The Executive may confirm or reverse all or part of the decision of the Disciplinary Committee or refer the matter back to the Disciplinary Committee for further deliberation and must notify the Member in writing of its decision within 14 days of the decision.
19.4 The Disciplinary Committee shall consist of:
19.4.1 The Club Captain; and
19.4.2 Three other Members of the Executive of which one shall be a Life Member, appointed from time to time by the Executive.
20. ALTERATIONS AND INTERPRETATION OF CONSTITUTION
20.1This Constitution may be amended, added to, altered or varied by a majority of those members entitled to vote at any General Meeting which may be called in terms of this Constitution, and provided that notice of the intention to amend the Constitution at such Meeting shall have been given in the notice properly convening the same.
20.2 If any doubt or dispute shall arise over the proper interpretation of any of the a foregoing clauses, the matter shall be referred to the Executive, whose decision shall be final.
20.3 Any reference in this Constitution to the masculine gender shall be deemed to include the feminine or neuter gender and vice versa, unless the context clearly indicates otherwise. Any reference to the singular shall indicate the plural, and vice versa.
20.4If any clause or part thereof is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining clauses shall continue to be of full force and effect.
21. LIQUIDATION
21.1The Club may be wound up by a resolution passed by not less than 75% (SEVENTY FIVE PERCENT) of all Members and at a Special General Meeting called for that purpose.
21.2 If upon winding up or dissolution of the Club, and after the satisfaction of all its debts and liabilities, there shall remain any assets whatever, the same shall be given or transferred to some other company, society or association having objects similar to the Club.
22. PREVIOUS CONSTITUTION
All decisions, rules, by-laws and agreements made and entered into prior to the adoption of this Constitution shall remain in force and effect until or unless amended or terminated in terms of or by this Constitution.
23. THE CLUB PRESIDENT
23.1The Club President, elected at the Annual General Meeting of the Club, shall hold an honorary position, with no powers or specific duties other than that of an Ordinary Member.
23.2 The Club President shall hold office for a period of one year unless re-elected for a further term at the following Annual General Meeting/s of the Club.
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