SCGU Constitution

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SOUTHERN CAPE GOLF UNION

CONSTITUTION

1. DEFINITIONS

“ The Union” shall be the Southern Cape Golf Union.

“Affiliated Club” shall mean any golf club affiliated to the Union.

SAGA shall mean the South African Golf Association.

2. JURISDICTION AND STATUS

The Union shall have jurisdiction over golf clubs within the Municipal areas of Plettenberg Bay, Knysna, George, Oudshoorn, Mossel Bay, Riversdale, Heidelberg, Still Bay, Ladismith, Boggoms Bay, Albertinia, or such other areas as may be determined by the South African Golf Association.

The Union is a distinct and separate legal entity with the power acquire, to hold and to alienate property and with the capacity to acquire rights and obligations and having perpetual succession.

The Union is a juristic person and can act and be acted against in its own name.

The property and funds of the Union vest in the Union as a juristic person and no member of the Union shall be liable for the debts or obligations of the Union.

3. OBJECTS

The objects of the Union shall be:

To promote, advance and protect the interests of the game of golf within the area under its control, and to do all such acts, matters and things as may be deemed advisable in the interests of the game of golf, or the Union.

To formulate, control and regulate golf competitions held from time to time under the auspices of the Union, and such other eventsas may from time to time be determined.

3.1. To consider and give decisions and rulings on all questions and disputed in regard to golf, which may arise or be submitted to the Union from time to time.

3.2. To give advice to all Affiliated Clubs and to provide a medium whereby disputes and differences between Affiliated Clubs may be settled.

3.3. To maintain the uniform observance of the rules and traditions of the game of golf by its Affiliated Clubs and the players.

3.4. Generally to further, promote and safeguard the interest of the Union and its Affiliated Clubs, and to take such steps as are deemed necessary or expedient for this purpose.

4. MEMBERSHIP

4.1. Membership of the Union shall be open to any properly constituted golf club of golf section of a club within the area of jurisdiction of the Union, having a registered right to a golf course.

Application for membership shall be submitted to the Union, which shall have the power to accept or reject such application in its discretion. All such applications shall be accompanied by a copy of the club’s constitution of the rules, a list of the executive officers of the club, and a statement showing the number of members of the club.

4.2. An Affiliated Club shall cease to be a member of the Union if

4.2.1. It resigns from the Union in writing;

4.2.2. payment of its affiliation fee has not been made within 90 (ninety) days
of the due date, unless the Management Committee has agreed to
accept payment by some alternative specified date.

5. AFFILIATION FEES

5.1. Each Affiliated Club shall be responsible for the payment of affiliation fees to the Union.

5.2. The affiliation fee to be paid each year shall be decided at the Annual General Meeting of the Union for that year. Such fee shall include the levy payable to SAGA.

5.3. An Affiliated Club ceasing membership of the Union shall not be entitled to a refund of any affiliation fees or portion thereof paid by it to the Union and shall remain liable to the Union for any unpaid fees.

6. EXECUTIVE COMMITTEE

6.1. The affairs, activities and control of the Union shall be managed and administered by the Executive Committee acting under the authority conveyed to it by this constitution and/or by any mandate to it by the union at any General Meeting.
6.2. The Executive committee shall consist of

6.2.1. A President, Vice President, Match Secretary and League Co-ordinator plus four additional members from four different clubs who shall be elected at the Annual General Meeting of the Union as herein after provided; and

6.2.2. One representative each from the Southern Cape Women’s Golf Association, Southern Cape Senior Amateur Golf Association and Junior Golf to be nominated by said Associations and Junior Golf respectively.

6.2.3. In the event of more than one person being nominated for any of the positions referred to in paragraph 6.2.1. Above, the matter shall be put to the vote as provided for in paragraph 14 below.

6.2.4. All office bearers elected or nominated as set out above shall hold office for one year until the conclusion of the next Annual General Meeting.

7. POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

The Executive Committee shall have the following powers and duties:

7.1. To borrow or raise money, create, hold and invest fund and acquire securities
and property of any kind whatsoever, to sell cede, mortgage, transfer,
exchange, or otherwise alienate or dispose of the whole or any part thereof
and to utilize and expend monies in terms of its powers and in pursuance of its
objects.

7.2. To consider and decide upon all questions and disputes submitted to the Union and arising out of matches between teams of Affiliated Clubs competing in the Union’s competitions. The Executive Committee shall also obtain
interpretations when required upon the rules of golf, and to decide any
question arising in any game of golf.

7.3. To determine and vary the rating of the course of any Affiliated Club from
time to time.

7.4. To select teams or players to represent the Union in any match or tournament.

7.5. To appoint sub- committees as it may deem necessary for any specific
purpose.

7.6. To grant subsidies or invest funds of the Union for any purpose calculated to promote the interests and objects of the union, and make donations for such purposes as it may think fit.

7.7. To institute, conduct or defend any legal proceedings by or against the Union.

7.8. To appoint paid employees or officials on behalf of the Union, to fix their remuneration, if any, and to suspend or dismiss them at al their discretion.

7.9. To appoint a Disciplinary Committee consisting of three members of the Executive Committee under the chairmanship of one such member to deal with matters of a disciplinary nature against members or players as set out below. The Disciplinary Committee’s decision shall be by majority vote and any decision shall be reported to the next succeeding meeting of the Executive committee. The Disciplinary Committee shall have the following powers.

7.9.1. to convene a disciplinary enquiry to enquire into the conduct of a
member of player of an Affiliated Club, and to summon players or
representatives of such persons to attend the enquiry, and further to
determine the rules of procedure for such enquiry, provided that such
rules of procedure comply with the ruled of natural justice;

7.9.2. to determine by majority vote if the members are not unanimous,
whether such conduct is:

7.9.2.1. a breach of the Rules of Golf; or
7.9.2.2. a breach of the Rules of Amateur Status; or
7.9.2.3. a breach of the standards of etiquette required of golfers in general; or
7.9.2.4. conduct unbecoming of a golfer; or
7.9.2.5. conduct which could bring the Union or the game of golf into disrepute, if the fact or such conduct became known; or
7.9.2.6. any combination of the above.

7.9.3. to impose one or more of the following punishments:
 a formal reprimand;
 a fine;
 suspension from playing in or attending any competitions;
 removal from representative teams or from union office;
 suspension from selection for representative teams for any period;
 any combination of the above whether in the alternative or
otherwise.

7.9.4. Any person summoned to appear as provided for in 7.9.1 shall be
entitled to submit written or oral representations or evidence either in
person or to be represented by legal counsel in appropriate
circumstances. Such person’s Club President or Club Captain shall be
entitled to attend any hearing relating to such person, but shall not
have a vote at such meeting.
7.10 Appeal
Any person who is found to be guilty of any of the offences set out above,
shall have the right of appeal against the finding to a Committee consisting of
the President, the Vice-President and one other member of the Executive
Committee, which member shall not have been a member of the disciplinary
Committee which made the finding. Such appeal shall be noted by the giving
of written notice to the Union of such appeal within fourteen days after the
handing down of the decision of the disciplinary committee, unless the
Executive Committee shall have granted an extension.

7.11 Where the Union is considering taking disciplinary steps against a member of
player for a breach of the Rules of Golf or the Rules of Amateur Status, it must give notice of that intention to SAGA. In the event of SAGA then deciding to take disciplinary action against the member or player, the Union may not take disciplinary action against the same member or player in suspect of the same offence without the consent of SAGA.

8. MEETING OF THE EXECUTIVE COMMITTEE

The President, or in his absence the Vice- President, shall act as the chairman of the
Executive Committee. Should both the President and the Vice-President not be
present at any meeting of the Executive Committee, the members present shall elect a
chairman from their number at the meeting.

The Executive Committee shall meet from time to time as required. No less than 14
(fourteen) days notice must be given to the members of the Executive Committee of
all meeting of the Executive Committee unless all members of the Executive
Committee agree to accept shorter notice.

9. CAPTAINS COMMITTEE

The conduct, rules and procedures of league matches between Affiliated Clubs shall
be determined by a Captains Committee.
9.1. The Captains Committee shall consist of Captains of the Affiliate Clubs as well as the President, or in his absence the Vice-President, and shall meet from time to time as required, provided that no less than 14 (fourteen) days notice of such meeting is given to each Affiliated Club.

9.2. The Procedure to be followed at each Captains Meeting shall be the same as the procedure for the Executive Committee.

9.3. The Captains Committee shall also be entitled to determine rules relating to the eligibility of players to represent their clubs at league matches and the finalization of the fixture list for such league matches.

9.4. All decisions by the Captains Committee shall be subject to ratification at the succeeding Annual General Meeting of the Union.

10. UNION FUNDS AND ACCOUNTS

10.1. The Executive Committee shall appoint one of its members as a treasurer,
who shall operate a banking account in respect of the liquid funds of the Union, provided that all cheques drawn on the Union’s bank account shall be signed by two members which shall include the President of Vice-President. The treasurer shall keep full proper and true accounts of all revenue and expenditure, and shall submit to each Annual General meeting properly verified account thereof and a balance sheet.

10.2. The funds of the Union shall be invested in the name of the Union, and operated on in such manner as the Executive Committee may direct.

10.3. The financial year of the Union shall end on the 30th September in each year. The accounts of the Union shall as soon thereafter as possible be duly audited by a person other than a member of the Executive Committee or the treasurer and Audited financial statements shall be submitted to the Annual General Meeting.

10.4. The income, property and monies of the Union, from whatever source derived, shall be applied solely towards the promotion of the objects of the Union as set forth in this Constitution, provided however that nothing shall prevent the payment by the Union to any member or person in respect of the remuneration and/or expenses for services rendered to the Union.

11. ANNUAL GENERAL MEETING

11.1. The Annual General Meeting of the Union shall be held within 60 (sixty) days
after the end of each financial year.
11.2. The business of the Annual General Meeting shall be:

11.2.1. to confirm the minutes of the last Annual and any Special General
Meeting and to deal with matters arising;
11.2.2. to receive delegate’s credentials and to confirm or reject applications
from clubs for membership.
11.2.3. to amend and alter the Constitution of the Union of which
amendments of alterations due notice shall be given.
11.2.4. to consider the Annual Report by the President and the Financial
Statements for the preceding year.
11.2.5. to elect office bearers for the ensuing year.
11.2.6. to determine the affiliation fee payable by members for the year.
11.2.7. to transact any business of which notice shall have been given in the
notice calling the meeting. Notice of any business or resolution which
affiliated clubs may desire to place before the meeting shall be given
in writing to the secretary of the Union at least 30 days before the
meeting;
11.2.8. to transact any general business without notice (other than any
alteration, addition, or amendment to the Constitution) as the meeting
may decide.

11.3. Election of the Executive of the SCGU

11.3.1. Notice calling for the written nominations and their acceptance of
Executive members should be given no less than fourteen (14) days
prior to the Annual General Meeting.
11.3.2. Nominations and their acceptance for the Executive members must be
received by the office of the Southern Cape Golf union no later than
forty eight (48) hours prior to the Annual General Meeting.

12. SPECIAL GENERAL MEETING

12.1. A Special General Meeting of the Union may be called by a resolution of the President or by a requisition of any three Affiliated Clubs. Such requisition shall state the reason for which such meeting is called.

12.2. At any Special General Meeting only such business of which notice has been given may be transacted.

13. NOTICE OF GENERAL MEETINGS

13.1. Written notices of all general meetings whether annual or special, shall be sent by the secretary of the Union to all members of the Executive Committee and Affiliated Clubs at least fourteen days before the date for which such meeting is convened.

13.2. Formal notice of the Annual General Meeting shall incorporate the agenda, any business or resolution to be submitted to the meeting, and the audited accounts of the past year. Notices of any General Meeting posted to the addresses of Affiliated Clubs shall be deemed to constitute effective notice in terms hereof. The accidental omission to furnish such notice to any Affiliated Club shall not invalidate such meeting.

14. VOTING AND QUORUMS

14.1. Any decision at an Annual, Special General Meeting or Executive or Captains Committee meeting shall be by a show of hands of the members present at the meeting, unless a ballot is demanded by al least 2 (two) members. Whether voting by show of hands of by ballot, each Affiliated Club shall be entitled to 1 (one) vote for every completed one hundred male members handicapped at that club, up to a maximum of 4 (four) votes per affiliated Club.

14.2. Quorums at Annual, Special General Meeting or Executive Committee Meetings, shall be at least half the members entitled to vote at that meeting.

15. PROCEDURE AT GENERAL MEETINGS

The President shall preside at all general meetings, and in his absence, the Vic
President. Should both be absent, the meeting shall appoint a Chairman. In the event
of an equality of votes on any matter, the Chairman shall have a second or casting
vote. Voting by proxy shall specifically not qualify as a voting procedure.

16. EXCLUSION OF LIABILITY

Neither the Union nor any member of the Union, members of any Committee or
employees shall be responsible or may be held liable for any loss damage or injury
including consequential losses suffered by or caused to any person or property
anywhere, whether or not such loss, damage or injury is occasioned by any act or
omission of the Union, the members of any Committee of the Union or employees, or
arising out of any contract entered into or any deed done by such person.

17. RULES OF GOLF AND AMATEUR STATUS

17.1. The Union shall accept and be bound by the Rules of Golf and Rules of Amateur Status and such amendments thereto as may from time to time be adopted by the SAGA, and all competitions shall be played in accordance with such rules.
17.2. If, in the opinion of the Executive committee an Affiliated Club has breached the provisions of this clause, or the conditions upon which it was admitted to affiliation, the Executive committee may, after giving such club an opportunity to be heard, suspend such club or terminate ist affiliation to the Union, provided that the club may, within one week after receiving written notification of the decision of the Executive Committee, require the Executive committee to convene a Special General meeting. The Union may at such meeting, confirm, vary or set aside the decision of the Executive Committee.

18. COMPETITIONS

18.1. The course upon which competitions or matches are played under the auspices of the union, shall be under the absolute control of the Executive committee which may delegate all or any of its powers to a sub- Committee.

18.2. Players who are members of more than one golf club, whether affiliated to the Union or not, and who have represented one of such clubs in any interclub match may not represent any other club in the same series matches during the same year, without the prior written permission of President.

19. PAYMENT OF DUES BY PLAYERS TO CLUBS

Each Affiliated Club shall keep a record of the names of its Members and of such
information as shall enable each of its members to identified, and the amount of the
subscription payable and paid by such a member. In the event of any such member
failing to discharge his liabilities to any Affiliated Club or the Union or any golf
player who has been found guilty in terms of any disciplinary provision of any golf
club registered with the SAGA, may be declared by the Union to be ineligible to
participate in the competitions of the Union, and no club affiliated to the Union shall
knowingly elect to membership or to allow to play in any match or competition any
such player.

20. AMENDMENT OF CONSTITUTION

This Constitution shall be binding on all Affiliated Clubs and shall be altered or
amended except by a resolution approved by two thirds of members present at either
an Annual or Special General Meeting.

21. DISSOLUTION OF UNION

21.1. The Union may not be dissolved, wound up or placed in Voluntary Liquidation except at an Annual General Meeting or a Special General Meeting called for that purpose and except by a resolution of two-thirds of the members present at such meeting.
21.2. Upon dissolution the assets of the Union remaining after the satisfaction of its debts, shall be distributed to an entity having objects similar to the objects of the Union.

22. INTERPRETATION

22.1. In the even of any doubt or dispute as to the meaning or interpretation of any of the provisions of this Constitution or any rules framed there under, the ruling of the Executive Committee shall be decisive and binding on all members; provide that any such ruling may be appealed against at the next Annual General Meeting of the Union or at any earlier Special Meeting convened for the purpose and my be confirmed, modified or set aside at such meeting.

22.2. It he provisions of this Constitution are in any way inconsistent with the provisions of any law, the provisions of such law shall prevail and this Constitution shall be read in all respects subject to that law.

22.3. Words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include females and words importing persons shall include partnerships and bodies corporate.

22.4. The head notes to the paragraphs in this agreement are inserted for reference purposes only and shall no affect the interpretation of any of the provisions to which they relate.

23. HONORARY MEMBERS

23.1. The Union may, in General Meeting, in recognition of outstanding services rendered to golf, appoint such persons as Honory Members of the Executive Committee for such period as the Union may decide.

23.2. Honorary Members shall be entitled to attend meetings of the Executive Committee and to take part in the deliberations thereof, but shall not be entitled to vote thereat.

Adopted: 21 November 2005
Amended: 25 June 2007
Amended: 30 June 2008
Amended: 8 November 2010