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 provide different classes of MEMBERSHIP including but not limited to full MEMBERSHIP, country MEMBERSHIP and junior MEMBERSHIP.
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 Lower South Coast of KWAZULU NATAL. Thus the CLUB has assumed the responsibility for acting as such a Provincial Union 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, Country Members, Junior Members, Student Members, Affiliated Members, Section Members, Honorary Members and Temporary Members.
4.2 Senior Members shall include the following classes:
4.2.1 Honorary Life Members
4.2.2 Life Members
4.2.3 Ordinary Members
4.2.4 Associated Members
4.3 Affiliated MEMBERSHIP is limited to persons who wish to participate in only the CLUB’s social activities.
4.4 Country MEMBERSHIP shall be limited to persons residing in South Africa.
4.5 Student MEMBERSHIP shall be limited to persons on full time study at a recognized educational institution.
4.6 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.
4.7 Temporary MEMBERSHIP may be granted, but limited to 30 days on such terms and conditions as the Committee may determine, to any person who;
4.7.1 Is ordinarily resident at a place which is more than 150 km from the CLUB;
4.7.2 Is a bone fide candidate for MEMBERSHIP of the CLUB; or
4.7.3 Is engaged in any match or competition related to the activities of the CLUB.
4.8 Associated MEMBERSHIP is limited to the spouse or companion of the opposite sex of a senior member.
4.9 Honorary MEMBERSHIP may be granted on such terms and conditions as the Committee may determine to any person:
4.9.1 Holding office as a Committee Member of any neighbouring club or holding any other public office; or
4.9.2 Who in the opinion of the Committee has conferred some special benefit on the CLUB.
4.10 Section Members shall be those who wish to participate in only one section of the CLUB’s activity e.g. Underwater Hockey.
4.11 A Country Member, Student Member, Junior Member or Section Member who ceases to qualify for such MEMBERSHIP shall immediately inform the Committee and pay the higher subscriptions as may be payable.
4.12 All subscriptions shall be payable on the 1st day of October in respect of the financial year staring on that date. Should any member fail to pay subscriptions due by the 31st December on any one year that member shall be suspended from the CLUB and should the subscription thereafter remain unpaid despite 14 days written notice to the member requesting payment, that member shall cease to be a member of the CLUB and the Committee shall amend the Roll of Members accordingly.
4.13 The committee members or the Secretary shall at all times maintain an updated register of the member of the CLUB.
4.14 Retiring members shall be struck off the register of Members.
4.15 Any member shall be entitled upon one month’s written notice to the Committee Members to change from one category to another. Such change to be effective at the commencement of the next Annual General Meeting.
5. LIFE MEMBERSHIP
5.1 The CLUB may, on the approval of the Committee and on payment of ten times the annual subscriptions grant Life MEMBERSHIP to any member on application provided that such Life member shall;
5.1.1 Remain bound by the provisions of the Constitution of the CLUB (save for the provisions of the payment of annual subscriptions) and any future amendment thereto;
5.1.2 Remain bound by any rules and bye-laws that may be enforced from time to time during such LIFE MEMBERSHIP;
5.1.3 Remain liable for any special levies of contributions that may be made or demanded of CLUB Members. Failure to pay these special levies or contributions will nullify the MEMBERSHIP by due date.
5.2 The CLUB may, by General Resolution, confer the privilege of Honorary LIFE MEMBERSHIP upon any Member who may be deemed worthy by reason of his past services to the CLUB or any similar institutions in which the provisions of Clause 5.1.1 and 5.1.2 will apply.
6. DISCIPLINARY PROCEDURE
6.1 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.
6.2 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.
7.1 The management of the CLUB and all its business affairs shall vest in the COMMITTEE.
7.2 The COMMITTEE shall consist of:
7.2.2 Vice Chairman
7.2.5 Spearfishing and Records Officer
7.2.6 Underwater Hockey Officer
7.2.7 Public Relations Officer
7.3 COMMITTEE Members shall be nominated and elected at the Annual General Meeting in accordance with the rules of the CLUB.
7.4 No person shall be elected as:
7.4.1 A COMMITTEE member unless he/she is a senior member of at least 6 months standing.
7.4.2 Chairman unless he/she has served as a COMMITTEE member for at least one year.
7.4.3 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.
8. 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:
8.1 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.
8.2 To act, notwithstanding any vacancy or vacancies in the COMMITTEE provided the quorum provide for shall be present at all meetings.
8.3 To meet at least once in each calendar month and cause to be kept such proper minutes of its meetings. At all meetings of the COMMITTEE the quorum shall consist of 4 members of the COMMITTEE and the chairman shall have the casting vote as well as a deliberative vote.
8.4 To make, vary or repeal rules in relation to:
8.4.1 The use of the CLUB premises and property;
8.4.2 The introduction of guests to the CLUB and the admission of Temporary Members;
8.4.3 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;
8.4.4 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;
8.4.5 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;
8.4.6 Any matter which may relate to the promotion or achievement of the objects of the CLUB;
8.5 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 (see Clause 15 below).
8.6 To employ and remove any employee of the CLUB and to determine the powers, duties and salaries of such employees.
8.7 To direct and provide receipt, custody, management, remittance and expenditure monies and funds of the CLUB, provided that all cheques shall be signed by two persons, one of whom shall be the treasures or in his/her absence, the Secretary, and the other member of the COMMITTEE, but cheques may be endorsed for deposit to the credit of the CLUB’S banking account by the Treasurer alone or by the COMMITTEE for such purpose.
8.8 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.
8.9 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.
8.10 To enter into agreements with other similar clubs, upon such terms and conditions as the COMMITTEE may think fit., for reciprocal rights of the members of such clubs and this CLUB provided that it shall be a term of such an agreement that reciprocal rights shall not be extended to persons residing within a radius of 150Km of the club premises.
8.11 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.
8.12 To raise or borrow money from time to time in such a manner as it may think fit, and to mortgage or hypothecate all or any assets of the CLUB.
8.13 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.
8.14 To keep proper minutes of all Annual General Meetings and Special General Meetings of the CLUB.
9. MEETINGS OF THE CLUB
9.1 The CLUB shall meet every month.
9.2 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.
10 ANNUAL GENERAL MEETINGS (AGM)
10.1 The Annual General Meeting shall be called on a date not later than 60 days after financial year end of the CLUB.
10.2 The business of the AGM shall be:
10.2.1 To receive the report of the COMMITTEE on the various activities of the CLUB during the past year;
10.2.2 To receive the Treasurers Report, Balance Sheets and Income and Expenditure Account of the Financial Year immediately passed;
10.2.3 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.
10.2.4 To elect a new COMMITTEE;
10.2.5 The quorum for an AGM shall be a minimum of 33% of the senior members of the CLUB at the time;
10.2.6 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 Vice Chairman shall assume the duties of the Chairman.
10.2.7 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.
10.2.8 To present any awards.
10.3 All members shall be notified at least 30 days prior to the date on which the AGM is to be held.
11. SPECIAL GENERAL MEETING (SGM)
11.1 A SGM may be called by the COMMITTEE or by a written notice from the members signed by at least 10 senior members.
11.2 The business of the SGM shall be:
11.2.1 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.
11.2.2 The quorum for an SGM shall be a minimum of 33% of the senior members of the CLUB at the time;
11.2.3 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 Vice Chairman shall assume the duties of the Chairman.
11.2.4 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.
11.2.5 To present any awards.
11.3 All members shall be notified at least 14 days prior to the date on which the SGM is to be held.
12. RULES OF THE CLUB
12.1 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:
12.1.1 Rules for Monthly Mug Competitions
12.1.2 Rules for the Application and Ratification of Spearfishing Records
12.1.3 Rules for Award of Trophies and Prizes
12.1.4 Rules for the Selection of Teams
12.1.5 Rules for other Competitions organized by the CLUB
12.2 These Rules are binding on the Members of the CLUB and any other participants in Competitions or Events organized by the CLUB.
12.3 Copies of the Rules for any Competition or event organized by the CLUB shall be available to the members and/or participants.
12.4 Amendments to the Rules of the CLUB may be made by the COMMITTEE or the Organizers of the event.
13. RECORDS OF THE CLUB
13.1 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.
13.2 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.
14. SECTIONS OF THE CLUB
14.1 The CLUB shall consist of but not be limited to the following Sections:
14.1.1 Spearfishing Section
14.1.2 Underwater Hockey Section
14.1.3 SCUBA Section
14.1.4 Social Section
14.2 Members may elect to join individual sections at a reduced rate (see scale of fees). They may then participate in the activities of that section and in any of the Social Functions of the CLUB.
15. SCALE OF FEES
15.1 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:
15.1.1 MEMBERSHIP Fees
15.1.2 Entrance Fee
15.1.3 Entry Fees
15.2 The treasurer shall keep a list of the SCALE OF FEES which shall be made available to members on request.
15.3 The SCALE OF FEES may be if related to MEMBERSHIP fees or Joiners Fees may only be altered by the COMMITTEE or by a Special Resolution of the Members.
15.4 The treasurer shall issue a receipt for all fees collected on behalf of the CLUB.
16. SELECTION OF TEAMS
16.1 The CLUB shall from time to time select teams to represent it at various competitions.
16.2 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.
17. LIMITATION OF LIABILITY
17.1 Liability of any Member shall be limited to the amount of money due by him to the CLUB.
17.2 No liability shall attach to the CLUB in respect of:
17.2.1 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;
17.2.2 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 wilful 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 wilful neglect or default aforesaid.
19. 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.
20. 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.
22. 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.
23. COPY OF THE CONSTITUTION
23.1 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.
23.2 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.