SENIOR GOLFERS’ SOCIETY OF GAUTENG CONSTITUTION
The name of the Society shall be "SENIOR GOLFERS SOCIETY OF GAUTENG".
In this Constitution unless the context otherwise requires, the singular shall include the plural and vice versa and the following words and phrases shall bear the following meanings:
2.1. "Candidate" means an applicant for membership of the Society, including an applicant who was previously a member of another society which is a member of the Union;
2.2. "Committee" means the Committee of the Society as constituted under clause16;
2.3. "Financial Year" means a year commencing on the 1st January and terminating on the 31st December of that year.
2.4. "Member" means an amateur male golfer who has been admitted to membership of the Society in terms of clause 11;
2.5. "Secretary" means the Secretary, or acting Secretary, of the Society for the time being;
2.6. "Society" means the Senior Golfers’ Society of Gauteng;
2.7. "Union” means the Senior Golfers Union of South Africa;
In case of doubt as to the meaning of any provision of this Constitution the interpretation of the Committee shall be binding upon Members.
3. RELATIONSHIP WITH THE UNION
3.1. The Society is a member of the Union and its area of jurisdiction is that designated for it by the Union, from time to time.
3.2. The Society agrees to abide by and adhere to the rulings and decisions which the Governing Body of the Union may from to time issue.
The headquarters of the Society shall be in Johannesburg.
5. PRINCIPAL OBJECT OF THE SOCIETY
The principal object of the Society shall be to provide golfing, social and recreational amenities for the benefit of its Members and, without detracting from the generality hereof, in particular to promote fellowship and comradeship among Members through arranging participation in golfing and social events organised by the Union and its constituent Societies.
6. SUBSIDIARY OBJECTS OF THE SOCIETY
In furtherance of the principal object, the subsidiary objects of the Society shall be:
6.1. to promote, encourage and foster the game of golf in general and particularly among its Members;
6.2. to organise golf meetings, competitions, championships and other events for the benefit of its Members;
6.3. to co‑operate with the Union and the other member societies of the Union and in particular to arrange golf matches, tournaments and other events with the latter;
6.4. to raise funds as it may deem fit, to administer such funds as hereinafter provided,
6.5. to make such payments from the funds as may be necessary to carry out the objects of the Society, including the reimbursement of costs of Members either as individuals or as members of teams representing the Society for any purpose, and to make donations or grants to approved causes or persons;
6.6. to acquire both movable and immovable property and to sell, dispose of or otherwise deal therewith;
6.7. to invest any funds not immediately required by the Society in such manner as may from time to time be decided by the Committee;
6.8. generally to safeguard and further the interests of the Society and its Members and to take such steps as may be necessary for this purpose.
7. RULES OF GOLF
The Society, and its Members, accept and agree to be bound by the Rules of Golf and such amendments or additions thereto as may be issued or adopted by The Royal and Ancient Golf Club of St. Andrews and the decisions which it may from time to time issue on the interpretation of the Rules of Golf.
8. ASSETS, FUNDS, PROFITS AND GAINS
8.1. The assets, funds, profits and gains of the Society shall be utilised solely for investment or for the objects of the Society as set out in this Constitution.
8.2. Nothing contained in sub‑clause 8.1 shall preclude the payment to Members or to officials of the Society of travel, subsistence or out of pocket expenses, allowances or other remuneration for services rendered by them to or on behalf of the Society.
9. LIABILITY OF MEMBERS
The Society shall be a body corporate, not for gain, having an existence independent of its Members with perpetual succession and all its assets shall be registered or held in the name of the Society. Members shall not be liable to meet the debts, engagements or liabilities of the Society and the liability of Members shall be limited to payment by them to the Society of the subscriptions or other fees due by them in terms of this Constitution.
10.1.1. "Active Member" shall mean an amateur male golfer who at the time of applying for membership shall have attained the age of 55 years and be a full playing member in good standing of a golf club which is affiliated to a Provincial Union or Association of the S.A. Golf Association, within the area designated by the Union and which is recognised by the Committee. A condition of his continued membership as an Active Member of the Society shall be that he retains his aforesaid full membership of such golf club. Save in exceptional circumstances no Candidate shall be admitted to membership if he has attained the age of 70 years except if he is transferring from another society which is a member of the Union;
10.1.2. "Veteran Senior Member" shall mean a Member with 20 or more year’s membership of one or more societies which are members of the Union;
10.1.3. "Honorary Life Member" shall mean a Member elected to Honorary Life membership at a General Meeting of the Society;
10.1.4. "Non‑Playing Member" shall mean a previously Active Member who, at the discretion and in the opinion of the Committee, for the reason of ill‑health, employment commitment, age, absence from the Province or any other reason satisfactory to the Committee is unable on a continual basis to meet his playing commitment, has been transferred to the class of Non‑Playing Member. A Non‑Playing Member shall be required to retain some form of membership of a golf club. A Non‑Playing Member may at the discretion of the Committee be re‑admitted to the class of Active Member, should the reason for his inactivity no longer exist,
10.1.5. "Veteran Non‑Playing Member" shall mean a Non‑Playing Member who has attained at the age of 75 years and who has been a Member of the Society for at least 20 years.
10.2. Any Member returning to Active Member status shall pay the difference between the subscription applicable to Active Members and that paid by him, prorated for the outstanding portion of the Financial Year. No new Member shall be elected to Non‑Playing membership or transferred to such membership during the two years after his election save for exceptional reasons with the express approval of the Committee. The Committee shall exercise its discretion regarding the determination of Non‑Playing membership status, from time to time. A Member may request that he be placed in either category.
10.3. Membership quotas for the various classes of membership of the Society shall be determined from time to time by the Committee subject to the requirements laid down by the Union and the Committee shall in accepting applications for membership have regard to such quotas and shall in particular take all reasonable steps to ensure that save in exceptional circumstances the number of Active Members shall not at any time exceed the relevant quota.
11.1. A Candidate for election to membership of the Society, who is qualified in terms of sub‑clause 10.1.1, shall be proposed by one Member and seconded by another Member of the Society, both of whom shall have been Active Members for not less than 1 year and be in good standing and neither of whom shall be a member of the Committee, provided that a Member who has proposed or seconded a Candidate for membership may not propose or second another until the previous Application for Admission to Membership has been finally approved by the Committee.
11.2. The Committee shall each year appoint one member to the position of “new member co-ordinator”. This member will be
• The immediate past president
• Or failing him any other past president still active on the committee
• Or failing any of the above a committee member appointed by the President
11.3. Where it is desired to make application for the admission to the Society of a new Member the proposer shall address a letter to the Secretary, endorsed by the seconder, containing a brief CV of the prospective Candidate, recording that they are both personally acquainted with the prospective Candidate. Should the Secretary be satisfied that the proposed Candidate qualifies for membership of the Society in terms of the Constitution of the Society, the Secretary shall table his name and the said letter at the next Committee meeting of the Society. Unless otherwise required by the Committee, the new member co-ordinator, as appointed in terms of clause 11.2, will arrange to meet with the proposer and/or the seconder, as the new member co-ordinator may require. The new member co-ordinator may request one or maximum two other committee members to be present at this meeting. Following the meeting between the new member co-ordinator and the proposer and/or seconder, the new member co-ordinator will make a recommendation to the committee at their next meeting, and the Committee shall in their absolute discretion, resolve either that the application in respect of the proposed Candidate may proceed or that the such application cannot be entertained at that time. The substance of the resolution and not the reasons therefor shall be communicated only to the proposer and seconder and if the resolution is that the application may proceed, only then shall a form “Application for Admission to Membership” be issued to the proposer. The completed form must then be submitted to the Secretary within 90 days and shall give the Candidate’s full name, address, occupation and age and be signed by him, the proposer and the seconder. The Proposer and the Seconder shall in addition endorse the form with a recommendation of the Candidate’s admission to the Society and supply the Society with any other information which may be of assistance in considering the application when it is formally placed before the Committee.
11.4. The completed form shall then be placed before the Committee for final approval and the applicant, proposer and seconder shall be notified of the outcome thereof. If the application is approved, the successful Candidate’s name shall be placed on the waiting list for formal admission to membership of the Society and until such time as he is formally admitted, the successful Candidate is encouraged to play in Society’s “non trophy’ events, subject to such arrangements as the Committee may lay down. Failure by the successful Candidate to participate in at least 3 “non trophy” events may delay the Candidates formal admission and the Candidate may be withdrawn from the waiting list and his application for membership shall be withdrawn. The Committee shall be entitled to advance on the waiting list in priority to others, a successful Candidate’s formal admission if in the opinion of the Committee, such Candidate has rendered outstanding services to the game of golf or who warrants priority due to other circumstances recognised by the Committee, including circumstances where such Candidate was previously a member in good standing of another Society and he has relocated to Gauteng.
11.5. Should a member in good standing of another Senior Golfers’ Society affiliated to the Senior Golfers’ Union of South Africa relocate to Gauteng and desire to apply for admission to the Society such applicant should approach the Secretary and communicate his intention. The applicant should be invited to participate in non-trophy fixtures of the Society to enable him to become acquainted with members of the Society. The Secretary will solicit a supporting letter from the applicant’s existing Society and such letter of recommendation, together with a completed application form, shall be submitted to the Committee for consideration. Should the application be accepted the applicant’s name shall be placed on the waiting list for formal admission to the Society. On confirmation that the applicant’s membership of his existing Society has been terminated he will be then admitted to membership of the Society.
11.6. The admission to membership of a Candidate shall be within the discretion of the Committee, which may refuse any application for membership without assigning any reason therefor. In the event of such refusal at least one year must elapse before a further application for membership in respect of such Candidate shall be considered by the Committee.
11.7. When the name of a successful Candidate on the waiting list has advanced to the point when he may be admitted, he shall be formally enrolled as a Member of the Society, subject to his having made payment of the prescribed entrance fee, subscription and levy, if any. Proposers and seconders are expected to monitor the participation of their successful Candidate during his membership with a view to ensuring that he satisfies his playing requirements.
12. TERMINATION OF MEMBERSHIP
12.1. The Committee may determine what action, if any, it shall take if in its opinion a Member is in breach of his obligations under the Constitution or if an Active Member fails, without an acceptable reason, to maintain a sufficiently active interest in the activities of the Society or ceases to be an Active Member in terms of sub‑clause 10.1.1. The Committee may in its discretion transfer such Member to the category of "Non‑Playing" Member or may terminate his membership.
12.2. The Committee shall have the right, without assigning any reason therefor, to terminate the membership of a Member whose conduct, in the opinion of the Committee, is unbecoming of a Member of the Society or is considered to have been prejudicial to the interests of the Society.
12.3. Before the Committee takes action against a Member in terms of sub‑clause 12.2 it shall give the Member concerned personally the opportunity to be heard and no action shall be taken by the Committee in terms of sub‑clause 12.2 save by a two‑thirds majority vote at a Committee meeting at which not fewer than 6 Committee members are present.
12.4. A Member whose membership has been terminated by the Committee in terms of sub‑clauses 12.1 or 12.2 shall have no right of action or claim against the Society, the Committee or any of the members thereof, and no Member whose membership has been terminated for any reason shall be entitled to a refund of any subscription or levy paid by him in advance.
13. PRIVILEGE OF MEMBERS
13.1. Membership of the Society shall, subject to their adherence to this Constitution, entitle Members to enjoy the privileges and advantages of the Society including the right to participate in the functions, golf meetings, tournaments and events organised by the Society and the privilege to compete in the golf tournaments and events of the Union and other Societies upon the conditions governing same.
13.2. A Member whose subscription or payment of whose levy is 3 months in arrear shall not be entitled to enjoy the privileges of the Society.
14. ENTRANCE FEE, SUBSCRIPTIONS AND LEVIES
14.1. Members shall pay to the Society such entrance fee, annual subscription and levies as may from time to time be prescribed by the Committee but no increase in the annual subscription shall become effective until the beginning of the next ensuing Financial Year of the Society.
14.2. The payment of an entrance fee by an approved member of another society shall be waived on his admittance to membership of the Society.
14.3. The due date for payment of the annual subscription shall be the beginning of the Financial Year of the Society and, for levies, the date prescribed by the Committee therefor. If the annual subscription or levy due by a Member has not been paid by him within 3 months from the due date, final notice thereof shall be sent to him by the Secretary by registered letter. If the outstanding subscription or levy is not paid by the Member within one month from the date of such letter his membership shall then automatically terminate.
14.4. Notwithstanding the provisions of the preceding sub‑clause the Committee may, in its discretion, reinstate a Member where membership has terminated in terms thereof upon such terms and conditions as it may decide.
14.5. The annual subscription payable in respect of the classes of Members referred to in clause 10.1 shall be determined by the Committee, provided that Veteran Non‑Playing Members shall not be required to pay an annual subscription in respect of their membership and Veteran Senior Members, unless otherwise determined by the Committee, shall not be required to pay an annual subscription in respect of their membership..
15. MANAGEMENT OF THE SOCIETY
The management of the affairs and activities of the Society shall be administered by a committee acting under the authority conveyed to it by this Constitution.
16.1. The Committee shall consist of 3 office bearers, viz, a President, a Captain and a Past President and at least 3 but not more than 6 additional members who shall be elected at the Annual General Meeting of the Society.
16.2. The outgoing Committee shall, prior to the Annual General Meeting, appoint the office bearers for the ensuing year.
16.3. Nominations for the 6 elected members of the Committee shall be proposed by one Member and seconded by another Member and shall be received by the Secretary 14 days before the Annual General Meeting.
16.4. Existing members of the Committee shall be eligible for election without nomination.
16.5. If more than 6 members are proposed for nomination or are eligible for election without nomination, and are willing to stand for election, the members to serve on the Committee as elected members shall be elected at the Annual General Meeting by vote as provided in clause 23.6.
16.6. The Committee is empowered to fill any vacancy on the Committee.
17. MEETINGS OF COMMITTEE
17.1. The Secretary shall, on the direction of the President, or on a written request from 2 Committee members, convene a Committee meeting. Failing such a direction or request the Committee shall meet at least once in every quarter. The venue and time for Committee meetings shall be determined by the President.
17.2. The President or in his absence the Captain and the Past President, in that order (or in the absence of all of them, a member of the Committee appointed by members present at the meeting) shall act as chairman of a Committee meeting and he shall have a casting as well as a deliberative vote.
17.3. The quorum for Committee meetings shall be 5 members.
17.4. The President and the Captain shall be ex officio members of all sub‑committees and, in their absence, the Past President shall act as their respective alternates.
17.5. The Secretary shall take minutes of Committee meetings and shall circulate these to members of the Committee.
18. POWERS OF THE COMMITTEE
The Committee shall have the power to do all things necessary to carry out and promote the objects of the Society. Without limiting the powers of the Committee and in addition to such powers as are elsewhere stated in this Constitution, its power shall include the following:
18.1. to adopt, amend and rescind by‑laws for the regulation and administration of the affairs of the Society which by‑laws shall be binding on the Members for so long as same remain in force;
18.2. to appoint, remove and suspend the Secretary and employees of the Society upon such terms and conditions as may be considered desirable;
18.3. to appoint sub‑committees from among its number, or otherwise, for such purpose and upon such terms as may be considered desirable and to delegate such powers thereto as may be necessary;
18.4. to authorise the investment and expenditure of moneys in accordance with this Constitution;
18.5. to open banking or other public or financial institution accounts in the name of the Society and to resolve the manner of operation of such accounts;
18.6. to depute and authorise officers of the Society to act on its behalf in the acquisition and alienation of property or in the investment of its funds and in the conduct of any legal or other proceedings brought by or against the Society or its officers;
18.7. to organise, promote and stage golf tournaments, championships and competitions and inter‑Society matches for the benefit of Members and to prescribe rules for the right of entry therein and the conduct thereof;
18.8. to appoint any person to represent the Society on any golf or other sporting body which the Committee considers necessary or desirable;
18.9. to arrange the Society’s home course from year to year;
18.10. to fill any vacancies that may arise on the Committee and to co‑opt Members to serve on the committee or sub‑committees.
19. BOOKS OF ACCOUNT
Books of account of the affairs of the Society shall be kept by the Secretary, and such books, together with all other papers and documents connected with or relating to the business or the affairs of the Society, shall at all times be accessible to Committee members.
20. BANKING ACCOUNT
All moneys paid to the Society shall, as soon as possible after receipt, be deposited in the name of the Society with a bank or other financial institution as the Committee may decide and shall be withdrawn therefrom from time to time as may be required. All cheques or withdrawal forms shall be signed by any two office bearers or by any one office bearer and the Secretary.
The accounts of the Society shall be audited annually by a registered accountant and auditor, who shall be appointed at the Annual General Meeting of the Society. In the event of a vacancy occurring in this office during a Financial Year, the Committee shall appoint a registered accountant and auditor to fill the vacancy.
22. ANNUAL GENERAL MEETING
An Annual General Meeting of Members of the Society, of which not less than 14 days’ notice shall have been given, shall be held at such time and place as the Committee may decide before the end of May each year.
23.1. The President or in his absence the Captain or Past President, in that order shall preside as chairman at Annual General Meetings. In the absence of all the aforementioned the Members present at such meeting shall appoint one of their number to act as chairman.
23.2. A quorum at the Annual General Meeting shall be 15 Members. If a quorum is not present within half an hour of the time for which the meeting has been called, the chairman shall declare the meeting stand adjourned to the same day in the following week at the same time and place and those persons present at such postponed meeting shall constitute a quorum, irrespective of the number present, and may transact the business of the Annual General Meeting.
23.3. No business or resolution of which notice has not been given shall be discussed at the Annual General Meeting provided that it shall be competent for the chairman, in his discretion, to allow any amendment of the wording of any resolution to be moved notwithstanding that due notice has not been given of the intention to move such amendment.
23.4. The Secretary shall take minutes of the proceedings of the Annual General Meeting and these shall be considered at the next meeting of the Committee.
23.5. Save as is otherwise provided by this Constitution, all resolutions put to an Annual General Meeting and business transacted thereat shall be passed and shall be held as valid and effectual if carried by a majority of Members present at the meeting.
23.6. Members present shall have one vote and the chairman shall have, in addition, a casting vote. Voting, except for the election of Committee members where voting shall be by ballot, shall be by show of hands unless a poll is demanded by 20 of the Members present at the meeting. A poll shall be taken immediately by secret ballot.
24. BUSINESS TO BE TRANSACTED AT THE ANNUAL GENERAL MEETING OF THE SOCIETY
The business to be transacted at the Annual General Meeting shall be:
24.1. to confirm the minutes of the preceding Annual General Meeting and any Special General Meeting that may have been held since the preceding Annual General Meeting;
24.2. to receive and consider the report of the Committee on the affairs of the Society for the preceding year;
24.3. to receive and consider the audited financial statements for the past Financial Year;
24.4. to elect Members to serve on the Committee in terms of clause 16;
24.5. to appoint an auditor for the ensuing Financial Year;
24.6. to elect life Honorary Life Members, on the recommendation of the Committee of which notification has been given in the notice convening the meeting;
24.7. to consider any resolution of which notice has been given including any resolution proposed by 20 Members in writing and lodged with the Secretary not less than 7 days before the date of the Annual General Meeting;
24.8. to consider any matter brought forward by the Committee;
24.9. to announce the home course for the ensuing year;
24.10. to consider any further business which may be transacted at an Annual General Meeting.
25. SPECIAL GENERAL MEETING OF THE SOCIETY
25.1. The Committee may at any time convene a Special General Meeting of the Society and it shall also do so upon receiving a requisition to that effect signed by 20 Members stating the purpose for such meeting.
25.2. Upon receipt of a direction from the Committee the Secretary shall give 14 days’ notice to Members of the date, time and place of the proposed meeting and the business to be transacted thereat.
25.3. No business shall be discussed at a Special General Meeting save the business for which the meeting shall have been called.
25.4. At all Special General Meetings the provisions of clause 23 shall, mutatis mutandis, apply, provided, however, that if a quorum is not present the Special General Meeting shall be deemed to be dissolved.
26. AMENDMENT OF CONSTITUTION
The Constitution shall not be repealed or amended except by a resolution passed at an Annual General Meeting or a Special General Meeting of the Society called for that purpose, which resolution shall be passed by not less than two‑thirds of the Members present at such meeting.
27. DISSOLUTION OF SOCIETY
27.1. The Society may not be dissolved, wound up nor placed in liquidation except by a resolution passed at a Special General Meeting of the Society called for that specific purpose which resolution shall be passed by not less than two‑thirds of the Members present at such meeting.
27.2. If at a Special General Meeting of the Society it is resolved that the Society be dissolved or wound up or placed in liquidation, a liquidator shall be appointed at that meeting. If after payment of its debts and satisfaction of its liabilities any assets of whatsoever nature remain, the same shall be given or transferred to the Union or to some other society or association having objects similar to those of the Society.
28.1. All notices to be given in terms hereof shall be in writing and signed by the Secretary and reference in any such notice to an entry or specific material on the website of the Society shall be considered to be effective notice of such entry or specific material.
28.2. Notices posted or electronically transmitted by Internet transmission, e‑mail, SMS message or facsimile to the last known addresses of Members shall be deemed to constitute effective notice, save for notice of a hearing called in terms of clause 12.3 which notice shall in addition to one or more of the aforesaid methods of transmission also be given by registered mail addressed to the last known address of the Member.
28.3. The accidental omission to give notice to a person entitled to receive the same or the non‑receipt of such notice shall not invalidate any meetings or proceedings to which such notice relates or any decision taken thereat.
The existing Constitution of the Society dated July 2007, as amended is repealed with effect from the date of adoption hereof.