SENIOR
GOLFERS’ SOCIETY OF GAUTENG CONSTITUTION
1.
NAME
The name of the Society shall
be "SENIOR GOLFERS SOCIETY OF GAUTENG".
2.
DEFINITIONS
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.
4.
HEADQUARTERS
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.
MEMBERSHIP
10.1. The membership of
the Society shall consist of the following classes:
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.
12.3. 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.
COMPOSITION AND ELECTION OF
COMMITTEE
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.
21.
AUDITORS
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.
PROCEDURE AT ANNUAL GENERAL MEETINGS
OF THE SOCIETY
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.
NOTICES
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.
29.
REPEAL
The
existing Constitution of the Society dated July 2007, as amended is repealed
with effect from the date of adoption hereof.
