HIBISCUS UNDERWATER CLUB CONSTITUTION
1. THE NAME
The name of the CLUB is THE HIBISCUS UNDERWATER CLUB, (Hereinafter referred to as the CLUB)
2. THE AIM
The AIM of the CLUB is to operate a diving club representing members of the Lower South Coast between Umkomaas and Port Edward and such country members as may wish to join, complying with all statutory requirements and being affiliated to the South African Underwater Fishing Federation (SAUFF) and the South African Underwater Union (SAUU) and to set high standards for recreational sport diving.
3.1 To provide a diving club for members in the designated area between Umkomaas in the north and Port Edward in the south.
3.2 To promote and maintain the interests of those engaged in all forms of underwater sport.
3.3 To promote an active competitive sporting club.
3.4 To be affiliated to SAUFF and SAUU and to participate in relevant activities organized by them.
3.5 To co-operate with similar organizations, scientific or research and angling bodies throughout the world.
3.6 To organize meetings, functions and competitions for its members.
3.7 To raise funds as needed to support the objectives of the CLUB.
3.8 The CLUB through the COMMITTEE to discipline its members whenever necessary.
3.9 The CLUB shall do all things. Including the acquisition and disposal of immovable property or any interest therein and carry out all such undertakings as may be necessary or incidental to its OBJECTIVES.
NOTE: At the present time there is no Provincial Union which operates on the South Coast of KZN. Thus the CLUB has assumed the responsibility for acting as such a Provincial Union(SKZN) and where applicable will participate in National and other championships, award provincial colours to its members and organize competitions as if it were a provincial body.
4.1 MEMBERSHIP of the CLUB shall consist of Senior Members, Junior Members.
4.2 Senior Members shall include the following classes:
4.2.1 Honorary Member
4.2.2 Ordinary Members
4.3 Junior Members being under the age of 18 years. The children of a senior member shall ipso facto be a junior member provided that they are under 18 years of age.
4.4 Honorary MEMBERSHIP may be granted on such terms and conditions as the Committee may determine to any person, who in the opinion of the Committee has conferred some special benefit and influence on the CLUB.
4.5 The committee members or the Secretary shall at all times maintain an updated register of the members of the CLUB.
4.6 Retiring members shall be struck off the register of Members.
5. DISCIPLINARY PROCEDURE
5.1 The Committee shall have the power to expel, suspend or reprimand any member who in the opinion of the Committee, has acted in a manner which is prejudicial to the interests or objectives of the CLUB or to underwater sport in general.
5.2 Any person aggrieved by any decision of the Committee taken in terms of Clause 6.1 may call a Special General Meeting of the CLUB to review such a decision by Special Resolution.
6.1 The management of the CLUB and all its business affairs shall vest in the COMMITTEE.
6.2 The COMMITTEE shall consist of:
6.2.4 Spearfishing and Records Officer
6.2.5 Public Relations Officer
6.3 COMMITTEE Members shall be nominated and elected at the Annual General Meeting in accordance with the rules of the CLUB.
6.4 No person shall be elected as:
6.4.1 A COMMITTEE member unless he/she is a senior member of at least 6 months standing.
6.4.2 Chairman unless he/she has served as a COMMITTEE member for at least one year.
6.4.3 Chairman if he/she has been elected Chairman for the preceding two consecutive years and his nomination is in terms of a resolution passed by the outgoing COMMITTEE.
7. POWERS AND DUTIES OF THE COMMITTEE
Without prejudice to its general powers and duties otherwise contained in the constitution the COMMITTEE shall have the following powers and duties:
7.1 To appoint any eligible member to fill, until next AGM, any casual vacancy occurring in the COMMITTEE and to co-opt other members to serve on the COMMITTEE or sub-COMMITTEEs.
7.2 To act, notwithstanding any vacancy or vacancies in the COMMITTEE provided the quorum provide for shall be present at all meetings.
7.3 To meet at least once every 3 months and cause to be kept such proper minutes of its meetings.
7.4 To make, vary or repeal rules in relation to:
7.4.1 The use of the CLUB premises and property.
7.4.2 The safety and procedural requirements in relation to members launching boats or diving (whether from the shore or from boats) under the auspices of the CLUB, which rules may include an obligation to members to perform any duties necessary to ensure the safe and effective functioning of CLUB activities.
7.4.3 The procedure relating to the conduct of meetings, the casting and the counting of votes and the nomination of candidates for election to the COMMITTEE;
7.4.4 The admission of any person to MEMBERSHIP of the CLUB, including prescribing the form on which the application for MEMBERSHIP is to be made and the prescribing of any indemnity a member may be required to sign.
7.4.5 Any matter which may relate to the promotion or achievement of the objects of the CLUB.
7.5 To set down from time to time a tariff of subscriptions, fees and charges whether same relates to the entrance and MEMBERSHIP fees of the CLUB or to any other activity of the CLUB for which charge is to be levied in terms of the constitution or in terms of the rules of the CLUB .
7.6 To employ and remove any employee of the CLUB and to determine the powers, duties and salaries of such employees.
7.7 To direct and provide receipt, custody, management, remittance and expenditure monies and funds of the CLUB. The committee will not do business with cheques, in or out. EFT and Cash only. All expenses should be approved by all the standing committee members.
7.8 To carry out and give effect to all Resolutions of the members in General Meeting, and where no special direction is given as in the manner in which any resolution is to be carried out, to carry out in such a manner and form as the COMMITTEE may in its discretion think fit.
7.9 To give notice to any member to appear before the COMMITTEE in order for such a member to give an account of his/her conduct or account for the conduct of any other member.
7.10 To enter into agreements with other similar clubs, upon such terms and conditions as the COMMITTEE may think fit.
7.11 To purchase, lease hire or otherwise acquire movable or immovable property and to erect buildings thereon and to sell, improve, lease or otherwise deal with all or any of the property or assets of the CLUB.
7.12 To raise or borrow money from time to time in such a manner as it may think fit, and to mortgage all or any assets of the CLUB.
7.13 To appoint, dismiss and regulate the procedure of sub-COMMITTEE’s and to delegate any of such powers of the COMMITTEE to such sub-COMMITTEE.
7.14 To keep proper minutes of all Annual General Meetings and Special General Meetings of the CLUB.
8. MEETINGS OF THE CLUB
8.1 The CLUB shall meet as and when necessary.
8.2 Where any meeting of the CLUB is not an Annual General Meeting or a Special General Meeting, no resolution of the CLUB shall be passed and accordingly, the provisions relating to a quorum shall not apply.
9. ANNUAL GENERAL MEETINGS (AGM)
9.1 The Annual General Meeting shall be called on a date not later than 60 days after financial year end of the CLUB.
9.2 The business of the AGM shall be:
9.2.1 To receive the report of the COMMITTEE on the various activities of the CLUB during the past year;
9.2.2 To receive the Treasurers Report, Balance Sheets and Income and Expenditure Account of the Financial Year immediately passed;
9.2.3 To consider any resolution to change the constitution or any other matter affecting the orderly running of the club and if necessary to take a vote on such.
9.2.4 To elect a new COMMITTEE;
9.2.5 The quorum for an AGM shall be a minimum of 33% of the senior members of the CLUB at the time;
9.2.6 The Chairman of the CLUB shall be the Chairman of the AGM or if he is unavailable or is required to recuse him/herself from the meeting then the Spearfishing Officer shall assume the duties of the Chairman.
9.2.7 If a vote is required then it will normally be by a show of hands and will be passed by a simple majority of those present and entitled to vote. The members present may request a secret ballot.
9.2.8 To present any awards.
9.3 All members shall be notified at least 30 days prior to the date on which the AGM is to be held.
9.4 Complete an ATTENDANCE register.
10. SPECIAL GENERAL MEETING (SGM)
10.1 A SGM may be called by the COMMITTEE or by a written notice from the members signed by at least 10 senior members.
10.2 The business of the SGM shall be:
10.2.1 To consider any resolution to change the constitution or any other matter affecting the orderly running of the club and if necessary to take a vote on such.
10.2.2 The quorum for an SGM shall be a minimum of 33% of the senior members of the CLUB at the time;
10.2.3 The Chairman of the CLUB shall be the Chairman of the SGM or if he is unavailable or is required to recuse him/herself from the meeting then the Spearfishing officer shall assume the duties of the Chairman.
10.2.4 If a vote is required then it will normally be by a show of hands and will be passed by a simple majority of those present and entitled to vote. The members present may request a secret ballot.
10.2.5 To present any awards.
10.3 All members shall be notified at least 14 days prior to the date on which the SGM is to be held.
11. RULES OF THE CLUB
11.1 The CLUB may from time to time produce Rules for the orderly running of the CLUB. These Rules will include but not be limited to the following:
11.1.1 Rules for internal and interclub Competitions
11.1.2 Rules for the Application and Ratification of Spearfishing Records
11.1.3 Rules for Award of Trophies and Prizes
11.1.4 Rules for the Selection of Teams
11.2 These Rules are binding on the Members of the CLUB and any other participants in Competitions or Events organized by the CLUB.
11.3 Copies of the Rules for any Competition or event organized by the CLUB shall be available to the members and/or participants.
11.4 Amendments to the Rules of the CLUB may be made by the COMMITTEE or the Organizers of the event.
12. RECORDS OF THE CLUB
12.1 The secretary shall keep the records of the CLUB together with all copies of correspondence etc., except the Spearfishing Records or other Sectional Information which shall be kept by the relevant office bearer.
12.2 The secretary and/or other office bearers shall be required to hand over all CLUB Records in their possession to the new office bearer after elections at the AGM.
12.3 The committee should have a shared electronic (cloud based) club records management system.
13.1 All club competitions and events must fall within local and national marine fishing regulations.
13.2 The Club must promote sustainable harvesting and encourage responsible photography.
13.3 Club Members that fall short of the law will undergo a disciplinary process. (see section 5)
13.4 The Public Relations Officer of the club must on receiving changes to marine regulations distribute that info to all members.
14. SCALE OF FEES
14.1 Fees applicable to the various activities of the CLUB will from time to time be set by the COMMITTEE. These fees will include but not be limited to:
14.1.1 MEMBERSHIP Fees
14.1.2 Entrance Fee
14.1.3 Entry Fees
14.2 The treasurer shall issue an account for all fees collected on behalf of the CLUB.
15. SELECTION OF TEAMS
15.1 The CLUB shall from time to time select teams to represent it at various competitions.
15.2 Depending on the nature of the competition, e.g. National Spearfishing Championships as opposed to local Spearfishing competition, formal selection trials will be held and Club and/ or Provincial Colours awarded.
16. LIMITATION OF LIABILITY
16.1 Liability of any Member shall be limited to the amount of money due by him to the CLUB.
16.2 No liability shall attach to the CLUB in respect of:
16.2.1 The property of any member or his guests which may be lost, damaged or stolen on or from the CLUB premises or at a club function;
16.2.2 Any injury or loss of life to members or guests while such persons are on the CLUB premises or participating in the activities of the CLUB.
Members of the COMMITTEE, the Auditor and employees of the CLUB shall not be liable for anything done or omitted to be done or supposed duty unless it was due to their own willful neglect or default and they shall be indemnified by the CLUB for any liability they may incur to any other persons as a result of such exercise, unless that liability arose from such willful neglect or default aforesaid.
18. LEGAL ACTIONS
The CLUB may sue or be sued in any court of Law in the name of the Secretary and service of any legal process may be effected on the Chairman or Secretary for the time being.
19. INTERPRETATION OF THE CONSTITUTION AND RULES
In the case of any dispute or any doubt as to the meanings of any clause in this constitution or as to the meaning of any rule of the CLUB, the interpretation of the COMMITTEE shall be final and binding upon Members.
The Club may be wound up by special resolution, which resolution shall appoint liquidators who, after the satisfaction of all liabilities, shall, subject to the direction of the members, be obliged to give or transfer the remaining assets to the club’s, societies or associations with objects similar to those of the CLUB.
21. ALTERATION OF THE CONSTITUTION
No addition, deletion or alteration shall be made to the constitution unless such addition, deletion or alteration is ordered by Special Resolution of the CLUB.
22. COPY OF THE CONSTITUTION
22.1 A copy of this Constitution and any of the Rules of the CLUB shall be kept at the CLUB and shall be available for inspection by members on request.
22.2 The secretary shall provide a copy of the Constitution or Rules to any member requesting same, provided such a request is made in writing and accompanied by such a fee as the COMMITTEE may prescribe to cover the costs of making such a copy.