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CONSTITUTION
- Adopted at the
Annual General Meeting
Held
on __________________
ARTICLE
1: DEFINITIONS, NOT EXPLAINED IN TEXT
1.1 Unless
specifically otherwise provided for in this Constitution, or in any
Act, Ordinance, Regulation, or other Regulation, the following words
and phrases shall have the following meanings: -
- Adjournment
– a cessation of a meeting and its continuation at an appropriate
time, as decided by a vote by the Life Members.
- Agenda –
things to be done – order of business.
- Amendment
– an alteration made, or proposed to be made, in the terms or wording
of a motion submitted to a meeting for adoption – also a motion
proposed instead of, or in opposition to, another motion.
- Casting
vote – a vote given to the presiding officer at a meeting for
the purpose of avoiding a deadlock which could otherwise ensue when
the numbers voting on either side of a motion are equal.
- Committee
– an individual, or a body of persons, delegates for a particular
duty, or who have taken upon themselves to perform a duty in the
expectation of their act being confirmed by the body for whom they
profess to act or represent.
- Division
– a detailed account of those for and against a motion by the counters
appointed by the President for each side of the proposal.
- Due notice
– a written notification dispatched by post to the last registered
address of the person concerned at the commencement of the period
of notice required.
- Gathering
– any gathering, concourse, procession in, through or along any
place, of any number of persons, having a common purpose, whether
such purpose be lawful or unlawful.
- General
Meeting – a General Meeting of members of the BGOASA, lawfully
constituted and acting in accordance with its Constitution.
- Interrupting
motion - a device for securing a speedy decision on a point
or question that has been sufficiently discussed for a specified
time – introduced for the purpose of preventing obstructions on
the part of a determined minority, who by protracting discussions,
could effectively prevent the business of any meeting being carried
out.
- Last registered
address – the address appearing on the application form or any
such other address as having been given written notice of to the
Administrative Officer of the BGOASA.
- Male
– shall include female and vice-versa, unless specifically provided
for.
- Meeting
– a gathering or assembly of a number of people for the purpose
of intercourse, entertainment, discussion, regulating, and deciding
upon any one or more issues involving the interests of the BGOASA,
the coming together of two or more persons for the transaction of
business of common interest concerning the BGOASA.
- Member
–
1.1.14.1 Associate
member consisting of any natural or legal person not
being a Corporate, Honorary, Life or Ordinary member, and
being a person or body whose privileges are in some degree
restricted, and his subscription to BGOASA may be correspondingly
adjusted, or to whom BGOASA facilities are made available
by reason of his or its membership to some affiliate body
or association;
- Corporate
member consisting of any juristic rather than natural person
that pays and/or donates a minimum of the annual fees for this
type of membership;
- Honourary
member consisting of a Patron and/or the Honorary Vice-Presidents
of the BGOASA, who may be elected by the BGOASA, in a general
Meeting from time to time (in the event of such persons not already
being ordinary members); or person(s) nominated and seconded by
Life members for outstanding dedication or achievements in promoting
the primary mission of BGOASA;
- Life member
consisting of the members present at the adoption of this constitution
and/or members who are voted into this category by the existing
body of life members;
- Ordinary
member consisting of individual natural persons who are paid-up
members of the BGOASA.
- Minutes
– essentially a record of things done and the decisions reached
at a meeting – minutes are not intended to be a verbatim account
of the proceedings, and are only prima facie evidence of what was
resolved or transacted.
- Motion
– strictly a proposal moved at the meeting, which, when agreed to,
or resolved upon, becomes a resolution. The words motion and resolution
are not synonymous.
- Officer
– any individual appointed by the BAB to manage the affairs of the
BGOASA or any manager, principal, officer, treasurer, secretary,
clerk, or other agent or employee of the BGOASA, but not an auditor.
- Office-bearer
– a member of the BAB.
- Point of
Order – an appeal to the President for his ruling on a manner
concerning the conduct of a meeting.
- President
– the occupier of a chair of authority – the person chosen to preside
over a meeting and conduct its proceedings.
- Proxy
– an authority given to a person to act for another.
- Quorum
– the minimum number of members of a body required to be assembled
to establish legal competence for the transaction of business.
- Resolution
– a formal and binding decision, determination or expression of
opinion on the part of a meeting.
- Ordinary
resolution – a resolution carried by a majority of the votes
cast by the members present and voting, or in the event of equality
of votes, carried by the casting vote of the president.
- Special
resolution – a resolution carried by a specified majority of
votes in a meeting – such a majority to be a two-thirds majority
of a quorum.
- Reckoning
of the number of days – days shall be reckoned exclusively of
the first and inclusively of the last day, unless the last day happens
to fall on a Sunday or any public holiday, in which case the time
shall be reckoned exclusively of the first day and also exclusively
of every such Sunday or public holiday, but inclusively of the first
business day thereafter.
- Service
by post – in all transactions of the BGOASA, where any document
is required to be served by post or authorised to be served by post,
upon any member of the BGOASA, service shall deemed to be effected
by properly addressing, pre-paying, and posting a registered letter
containing that document or notice, to the said member, at his/her
last registered address.
- Singular
– shall include the plural and vice-versa, unless specifically otherwise
provided for.
- Violence
– the unjustified, unwarranted, immoral use of force.
ARTICLE
2: NAME
- The name of the
organisation shall be the Black Gunowners Association of South Africa,
which may be abbreviated to BGOASA.
ARTICLE
3: AFFILIATION
- The BGOASA shall
be affiliated with any such body of persons or organisation that has
a common interest with that of the BGOASA, as may be decided upon
from time to time by the Administrative Board of the BGOASA.
ARTICLE
4: PRIMARY MISSION
- The primary mission
of the BGOASA, a non profit organisation is:
- To protect
and promote the right to possess and bear arms and to use those
arms for the protection of life against violence.
- To represent
the interests of firearm owners in South Africa at National and
International fora at the discretion of the Administrative Board
of the BGOASA.
- To strive to
live in a community where it is accepted that firearms may be legitimately
used for the protection of life against violence.
- To promote
the safe use of firearms.
- To promote
research in all aspects of firearms.
- To work with
any other body or bodies, for legislation supportive of this Association’s
Primary Mission.
- To promote
all aspects of recreational shooting.
- To promote
the collecting, study, restoration, preservation and use of arms
and ammunition and other items thereby connected.
- To create such
offices, rules and regulations as may be necessary for the conduct
of its affairs from time to time.
- To invest and
re-invest and realise investments.
- To carry out
any business calculated to further the objectives of the BGOASA.
- To open close
and operate any banking account, building society account or any
like account.
- To deal in
any manner in moveable or immovable property in the cause of advancing
the objects of the BGOASA.
- To remunerate
any officer or employee for services rendered or to be rendered.
- To grant any
normal benefit and to participate in any pension scheme, medical
aid scheme or the like for the benefit of any member of the BGOASA.
- To perform
any act or to sign any document necessary to carry out any of the
objectives of BGOASA.
- To engage such
advisors and or consultants as may be necessary from time to time.
- To employ employees.
- To enter into
any agreement for the benefit of the BGOASA.
- To discipline
members.
- To cancel or
suspend membership.
- To perform
any act authorised by this Constitution.
- To consider
applications for membership of the BGOASA and to either approve
or refuse applications, in its sole discretion, which decision shall
be final and binding.
ARTICLE
5: LEGAL CAPACITY
- The BGOASA shall
have legal personality and may sue or be sued in its own name, properly
represented by its members or officers or office bearers, as set out
in this Constitution.
- The BGOASA Administrative
Board (BAB) shall be entitled by special resolution to appoint any
member of the BGOASA to sign all documents and take all steps necessary
to institute action or proceedings or defend any action or proceedings
instituted against the BGOASA, in any court of law or in any forum
in the Republic of South Africa or elsewhere, and such resolution
shall be minuted and reduced to writing and be signed by the Administrative
Officer and President of the Administrative Board of the BGOASA, to
do such things as is contemplated by this Article.
ARTICLE
6: MEMBERSHIP
- Membership will
only be open to persons who have satisfied the BAB (or a sub-committee
established for that purpose) that they are, or desire to become,
owners of arms and ammunition, or support the aims and aspirations
of the BGOASA.
- Members will
have to satisfy the BAB that they subscribe to the primary mission.
- Clauses 6.1 and
6.2, Section 9(3) of the Constitution, (Act 60 of 1996) shall apply,
subject to Articles 6.1 and 5.2 above.
- A prospective
member shall be introduced by two members of good standing, with paid
up membership.
ARTICLE
7: GENERAL MEETINGS
- The Annual General
Meeting (AGM) shall be held on such date, time and at such place as
the BAB designate.
- Extraordinary
General Meetings (EGM) shall be called by the BAB when called upon
to do so by two thirds of the fully paid up members.
- The members of
the BGOASA shall hold an AGM in the course of each Calendar year upon
21 days due notice being given.
- Block SMS’s may
be used to inform members of events or other matters affecting the
BGOASA.
- The date for
such AGM shall be a date considered suitable by the BAB and approved
by the President.
- The venue of
such AGM shall be at the discretion of the BAB.
- The agenda shall
be available at the AGM.
- At such AGM of
the BGOASA, the following matters shall be dealt with:
- Consideration
and adoption or rejection of the minutes of the immediate previous
AGM of the BGOASA, with or without, amendments.
- The annual report
by the President.
- Consideration
and adoption or rejection of the annual financial statements for the
preceding financial year, and all other financial matters.
- Election from
persons nominated in writing not less than thirty days prior to the
said meeting, of a person to the office of "Patron" for
the following year, if so desired.
- Election from
persons nominated in writing not less than thirty days prior to the
said meeting, a person or persons as Honorary Vice-President(s), if
so desired, upon the same considerations as set out in regard to the
Patron in this Constitution.
- Any other contingency
of which an member has given notice to the Administrative Officer
of the BGOASA in writing, during the course of the year preceding
the date of the AGM; provided that such notice be given no less than
thirty days prior to the date of such AGM.
- To conduct and
conclude any such other business, as may be allowed by the President
to be discussed and resolved upon.
- Voting upon all
such motions at an AGM of the BGOASA shall be effected by a show of
hands, alternatively by private written ballot, as the President may,
in his discretion direct.
- Each Corporate
member shall be entitled to nominate one person to represent it at
such AGMs of the BGOASA.
- Four members,
or their representatives, shall constitute a quorum at an AGM or EGM.
- If a quorum is
not present within thirty minutes of the time laid down for the AGM
in question, then such meeting shall stand adjourned for a period
of between fourteen and twenty-one days, as directed by the President,
when it shall be held upon not less than seven days due notice to
those persons entitled to receive notice of the adjourned meeting
shall then constitute a quorum of the AGM of the BGOASA.
- The President
of the BGOASA shall reside at each AGM where he shall have a casting
vote; if for any reason the President of the BGOASA is unable to take
the Chair then the Administrative Officer, then any other member nominated
by the BAB, shall preside as President provided that such substitute
President, other than the Administrative Officer in his capacity as
Chairman, shall have NO casting vote.
ARTICLE
8: FEES
8.1 Members
shall pay an annual fee and new members shall pay an additional fee
one-time registration fee as determined by the BAB from time to time.
8.2 There
shall be no fees payable for circulation of documentation to fully
paid-up members.
ARTICLE
9: DISCIPLINARY RULES
- Notwithstanding
anything to the contrary contained herein the Administrative Board
of the BGOASA may receive and consider any written complaint with
reference to the conduct and or omission of any ordinary member or
other member (hereinafter the "Member").
- Such a complaint
shall be in writing and shall contain a detail description of the
conduct and/or omission complained of.
9.3 The
Administrative Board shall upon receipt of the complaint, notify the
Member of such a complaint in writing, and provide the Member a copy
of the complaint.
9.4 The
Member shall have the right to ask for further particulars with regard
to the complaint within seven days after receipt of such a complaint
by the Member.
9.5 If
the Member avails himself of this right to ask for further particulars,
such particulars shall be given by the Administrative Board within
seven days after the receipt of the request for further particulars.
9.6 The
Member may then within seven days furnish the Administrative Board
with a detailed explanation with regards to the complaint.
9.7 Upon
receipt of the explanation and in any event no later than fourteen
days after the further particulars have been furnished, the Administrative
Board shall:
9.7.1 Formulate
charges against the Member, or
9.7.2 Dismiss
the complaint, and
9.7.3 Shall
notify the Member forthwith of the Administrative Board’s decision.
9.8 In
the event that the Administrative Board decides to formulate charges
against the Member, the Administrative Board shall furnish the Member
with a copy of the charges within seven days of so deciding.
9.9 The
member shall within seven days after receipt of the charges plead
to the said charges, and give a detailed explanation of the plea.
9.10 In
the event that the Member does not furnish the Administrative Board
with such a plea and detailed explanation, the Administrative Board
may, on the evidence before it, decide to refer the matter to a sub-committee
for a decision.
9.11 If
the member does furnish the Administrative Board with a plea, the
Administrative Board may in its discretion refer the matter to a sub-committee
for a disciplinary hearing if the Administrative Board is of the opinion
that a disciplinary hearing is warranted by the circumstances or it
may refer the matter to a sub-committee for a decision on the evidence
available.
9.12 The
Administrative Board shall summons the member to appear before a disciplinary
hearing, and at the same time notify the Member of the date and venue
of the disciplinary hearing, which date shall not be less than seven
days and not more than twenty-one days after the date on which the
plea was to be furnished or was indeed furnished.
9.13 The
terms of reference of such a said sub-committee shall be clearly stipulated
in writing and shall be furnished to the Member at the same time as
the notice referred to in 9.12, above.
9.14 The
Administrative Board shall appoint the members of the sub-committee.
9.15 The
President of such a committee shall be elected by a majority of the
members of such a sub-committee and any decision shall be taken on
the majority of the votes, and in the event of a deadlock, the President
shall have a casting vote.
9.16 No
legal representation shall be allowed at any disciplinary hearing,
however the Member may elect an ordinary member to represent him;
likewise the Administrative Board may appoint an ordinary member to
represent the Association.
9.17 If
there is no good reason for the non-appearance by the Member at the
time and place appointed for the disciplinary hearing, the matter
shall be decided in the Member’s absence on the evidence available.
9.18 The
Member shall be notified forthwith of the sub-committee’s decision
and the reasons thereof in writing.
9.19 In
the event of the sub-committee finding the Member guilty, the sub-committee
shall allow the Member sufficient opportunity to address the sub-committee
at the disciplinary hearing or to furnish the sub-committee with written
arguments in mitigation, which written arguments shall be furnished
within seven days after the Member has been informed of the sub-committee’s
finding.
9.20 Such
a sub-committee which finds a member guilty of misconduct may, regard
being had to the nature and seriousness of the conduct complained
of:
9.20.1 Warn
such a member to desist from such conduct as gave rise to the
complaint.
9.20.2 Suspend
such a member for such a time and subject to such conditions as
the sub-committee in its discretion may decide.
9.20.3 Terminate
such a member’s membership.
9.20.4 Impose
a fine.
9.20.5 Reprimand
the Member.
9.20.6 Deal
with the Member as it deems fit, which may include a combination
of any of the above where such combination is possible.
9.21 In
the event of the Member being found guilty, the Member may within
seven days of being notified of the finding and the reasons thereof,
appeal to the Administrative Board in writing and at the same time
furnish detailed grounds for the appeal and pay an appeal fee of R250.00.
9.22 The
Administrative Board shall, when receiving such an appeal, have the
right to:
9.22.1 Uphold
such an appeal.
9.22.2 dismiss
such an appeal.
9.22.3 Uphold
or dismiss in part such an appeal.
9.22.4 Set
aside any part of the findings or order including the sentence
passed, issued by the sub-committee.
9.22.5 Replace
any order or finding including the sentence passed, of the sub-committee
with its own order of finding.
9.23 In
the event of the appeal being substantially successful, the appeal
fee of R250.00 shall be refunded to the member.
9.24 Documents
in this article shall be deemed to have been properly served if faxed
or posted by registered post to the number or postal address of the
Member as it appears in the Association’s records.
9.25 Should
the Member intentionally or otherwise fail to follow procedures outlined
in this Constitution or fail to comply with any of the time limits
herein, the Member shall be deemed to be in serious breech breach
of this Constitution.
9.26 This
Constitution does not preclude the member from enforcing any right
that he may have in a court of law, but the member shall exhaust all
internal remedies before doing so.
9.27 Any
Member who has disciplinary procedures instituted against him accordance
with clause 9.7.1 shall be suspended from participating in any BGOASA
sanctioned event for the duration of the disciplinary procedure and
until such time as the procedures are terminated.
9.27 Any
Member who has disciplinary procedures instituted against him may
not represent BGOASA, be on any form of committee, sub-committee or
any other body created by the BAB until such time as the procedures
are terminated.
ARTICLE
10: MEMBER GRIEVANCE PROCEDURE
- The member must
put in writing the nature of the complaint and send it by registered
mail to the BGOASA Administrative Officer; alternatively, the complaint
may be sent by e-mail or fax.
- The member must
accompany the complaint with a fee (to be determined by the BGOASA
Administrative Officer) in order to lodge the complaint; if the payment
is to be made by bank transfer, a copy of the transfer confirmation
should be sent to the BGOASA Administrative Officer.
- Unless sending
documentation and payment by registered mail, the onus is on the Member
to ensure that the BGOASA Administrative Officer has received the
complaint and the Payment.
- The BAB must
acknowledge receipt of the complaint within seven working days of
the receipt of the registered letter or confirmation that the complaint
was received via e-mail or fax.
- The BAB will
then assess the complaint.
- If an Administrative
Board Meeting is scheduled within thirty days of receipt of the complaint,
then the matter will be placed on the Agenda for that meeting.
- If an Administrative
Board Meeting is not scheduled within thirty days of the receipt of
the complaint, then the matter must be resolved via telephonic/e-mail
discussion by the BAB within thirty days of receipt of the complaint.
- If the nature
of the complaint is such that the Member deems it acceptable that
the matter could wait until the next Administrative Board Meeting,
then agreement should be obtained in writing from the Member.
- After full discussion
and consideration by the BAB, the decision will be sent to the Member
via registered mail; a copy of the decision may be sent by fax or
e-mail, but confirmation must be obtained that the Member has received
such fax or mail.
- If the complaint
is substantially upheld, the appeal fee of R250.00 shall be refunded
to the member.
- If the complaint
is not upheld, the Member will forfeit the fee paid.
- Upon receipt
of the BAB decision, the Member may choose to accept or reject the
decision.
- Should the Member
reject the decision, then the Member must notify the BAB within seven
working days from receipt of the decision; the rejection notice may
also be sent by fax or e-mail, but the onus is on the Member to ensure
that the document is received by the BGOASA Administrative Officer.
- The BGOASA will
then utilise the arbitration services of a mutually agreed third party.
- This procedure
does not preclude the Member from exercising his SA Constitutional
rights or from recourse to the courts, but all internal BGOASA remedies
must be fully exhausted before doing so.
- Should the Member
deviate from this grievance procedure, the BGOASA will automatically
instigate disciplinary procedures against the Member under the grounds
of "unreasonable conduct".
- The arbitrary
threatening or implied threatening of legal action (whether verbal
or written) without first utilising the dispute procedure, against
the BGOASA or any of its categories of members, clubs, Corporate members
or affiliated associations will constitute a direct contravention
of this grievance procedure and will be considered as "unreasonable
conduct"; and this may automatically invoke the disciplinary
procedure as outlined in Article 10.
ARTICLE
11: COMMITTEES
- Each Corporate
member may be allowed to nominate one representative to relevant committees.
- Each representative,
complying with the conditions in this Constitution, shall be entitled
to one vote.
- The BAB may,
from time to time, appoint such special committees to fulfil such
functions, as the BAB deems fit and necessary.
- Such committees
shall within their terms of reference, conduct such business or perform
such acts as it is instructed, and shall report on all findings made
by it, to the BAB.
- At the first
Meeting of the BAB, which follows the AGM, the Administrative Board
shall elect a person to fill the position of FIRST VICE-PRESIDENT,
if so required by that committee.
ARTICLE
12: ADMINISTRATION
- The business
of the BGOASA shall be conducted by an Administrative Board (BAB)
which shall be constituted and comprise of representatives of Life
Members as described in this Constitution.
- An Administrative
Officer shall manage correspondence and funds.
- The Administrative
Board shall ensure that the BGOASA keeps such records of its affairs
as may be necessary from time to time.
- Without limitation
it shall maintain the following:
- A register
of members.
- A Minute Book
recording the business of Annual and Special General Meetings.
- A Minute Book
recording the business of the Administrative Board Meetings.
- An adequate
set of Books of Accounts.
- The Administrative
Board shall have a President who shall be the President elected by
the first SAM of the Calendar year, as provided for in the Constitution.
- The President
of the BAB shall be the President of the BGOASA.
- The BGOASA Administrative
Board will consist of a minimum of the President and Administrative
Officer.
- The past President
shall be an ex-officio member of the BAB until such time as a new
President is elected.
- The BAB shall
be elected by Life Members at the first Special Administrative Meeting
(SAM) of the calendar year.
- There shall be
a minimum of one SAM in each calendar year.
- Special Administrative
Meetings shall be called by the BAB when called upon to do so by two-thirds
of the fully paid-up Life members.
- Each proposal
for the election of a person as contemplated in this Constitution
at such a SAM shall be made by a Life member, and be seconded by another
Life member in good standing.
- The date for
such SAM shall be a date considered suitable by the BAB and approved
by the President.
- The President
shall have a casting vote in a Committee Meeting.
- The President
shall furthermore have a casting vote in general meetings of the BGOASA.
- Each member of
the Administrative Board is indemnified by the BGOASA against any
loss which he may suffer as a result of any act or omission performed
or omitted in good faith, in the conduct of the business or affairs
of the BGOASA.
- The powers of
the Administrative Board shall be as described in this Constitution.
- A quorum at any
meeting of the Administrative Board shall be constituted by the President
and one other Life Member, as provided for in this Constitution.
- A majority of
votes cast by the designated representatives of the Life Members present
at the first SAM of the calendar year shall constitute an election.
- The President
shall preside at all meetings of the BAB, provided that if the president
is not available to preside, as contemplated herein, then the Administrative
Board shall elect a President from the Office Bearers amongst them,
for the duration of the Meeting; it is further provided that such
substitute President shall have NO casting vote.
- The President
elect of any such meeting shall be entitled to nominate one additional
person to represent Association or body or shooters whom he represents.
- The Administrative
Board shall have the right to appoint one or more persons to represent
it at any meeting or on any committee of any body or association,
whose activities are related to those of the objects of the BGOASA.
- In the event
of a meeting of the BAB having been duly called and no quorum as provided
for in this Constitution, be present within thirty minutes of the
time appointed of that meeting, then such meeting shall stand adjourned
for fourteen days or for such period as the President of the BGOASA
may direct, thereupon such members present at such adjoined meeting,
shall constitute a quorum.
- Each meeting
of the Administrative Board shall be called on notice, of not less
than ten days given to each duly nominated representative save in
respect of any such representative who has in writing to the Administrative
Officer of the BGOASA waived such right to receive written notice.
- The BAB shall
appoint and dissolve such sub-committees as are, from time to time,
deemed necessary by them.
- Each committee
or sub-committee appointed by the BAB shall have powers equal to
those of the BAB, but subject to its terms of reference, and subject
to an appeal in regard to decisions made by such committee or sub-committee
to the BAB as provided for in this Constitution.
- BAB Meetings
shall be called by the Administrative Officer of the BGOASA giving
due notice to the representatives who are sitting on the BAB.
- Any such representative
may waive in writing, the right to receive such notice.
- Due notice in
this regard shall be given to the said representatives at their last
registered address.
- The Administrative
Board may deal with all material relevant to the BGOASA and may pass
resolution in regard in regard to such matters as are permitted by
this Constitution.
- All decisions
made and/or resolutions properly passed by the BAB during any Board
Meeting, properly convened, shall insofar as same may be authorised
by this Constitution, be binding upon all members of the BGOASA as
well as on the BGOASA.
- At all BAB Meetings,
resolutions shall be passed by a majority of votes.
- The BAB shall
be authorised to consider applications for membership of the BGOASA
and shall be empowered, from time to time, to consider the continued
membership of any member of the BGOASA and may:
- Resolve to
approve an application for membership or to allow the continuation
of a members’ membership.
- Resolve to
refuse an application for membership, or to resolve to terminate
the membership of any existing member.
- The resolutions
in the above regard shall be at the sole discretion of the BAB and
such decision shall be final and binding.
- The BAB shall
not meet less than twice in each calendar year.
ARTICLE
13: AMENDMENT TO THE CONSTITUTION OF THE BGOASA
- This Constitution
may be amended at any Special Administrative Meeting of the BGOASA
provided that:
- Notice of the
proposed amendment is given simultaneously with, and to those persons
entitled to receive, notice of the meeting.
- The notice
of the proposed amendment shall contain a draft of the said amendment
together with such motivation for the proposed amendment, as the
proposer may wish to present to the Special Administrative Meeting
of the BGOASA in support of the motion for amendment
- Not fewer than
two-thirds of those persons present and voting at such meeting vote
in favour of the proposed amendment.
- Provided that,
if notice of a proposed amendment to the Constitution of the BGOASA
is given to be moved at an AAM or SAM, for which the Administrative
Officer of the BGOASA is bound in terms of this Constitution, to
give due and proper notice, such notification must be given by the
proposer, to reach the Administrative Officer of the BGOASA not
later than forty days before the date of such AGM.
- Provided further
that in the event of notice of the proposed amendment is given to
be moved at a Special Administrative Meeting, such notice of amendment
shall reach the Administrative Officer of the BGOASA not later than
thirty days before the proposed date for the Special Administrative
Meeting of the BGOASA.
ARTICLE
14: ACCOUNTS
14.1 The
Administrative Board shall appoint an officer to control its financial
affairs to the satisfaction of the Administrative Board and to the
satisfaction of the BGOASA’s auditors.
ARTICLE
15: AUDITORS
- The Administrative
Board shall appoint a firm of public accountants and auditors who
shall audit the BGOASA’s Annual Financial Statements each year
- The BGOASA’s
Administrative Officer shall deliver draft annual financial statements
to the auditors within four months of the end of each financial year.
ARTICLE
16: APPLICATION FOR MEMBERSHIP
- Applications
for Corporate and associate membership of the BGOASA shall be subject
to the approval of the Administrative Board and to Article 12.22.
- Any person who
is an ordinary member of any Corporate member of the BGOASA shall
automatically be a member of the latter upon paying the annual subscription
applicable from time to time but subject to the provisions of Article
12.22.
- Each Corporate
member shall compel each of its ordinary members to pay the aforesaid
subscription fee.
ARTICLE
17: MEMBERSHIP FEES
- The Administrative
Board shall lay down the membership fee payable by each class of member
from time to time.
- Members will
be classed as unpaid members if the fees due are not received by the
31st of March in the year that the fees are due.
- Payment to a
BGOASA registered club or any other third party does not constitute
payment to the BGOASA.
ARTICLE
18: RESIGNATION
- Any member of
the BGOASA may resign his membership on not less than six calendar
months’ notice in writing provided that he is in good standing at
the time that such notice is given.
ARTICLE
19: FINANCIAL YEAR
- The BGOASA’s
financial year shall end on the 31st day of December each
year.
ARTICLE
20: AFFILIATION
- Each Corporate
member shall provide the Administrative Board with such information
about its affairs and its Constitution as may be called for from time
to time.
ARTICLE
21: AGENCY
- No person shall
have the authority to perform any act or to sign any document on behalf
of the BGOASA other than upon the authority of the Administrative
Board.
ARTICLE
22: DISSOLUTION
- The BGOASA may
be dissolved upon resolution passed by not fewer than two-thirds of
the members present and voting at a Special Administrative Meeting
called specifically for the purpose and attended by the representatives
of no fewer than five Corporate members.
- Should the BGOASA
be possessed of assets at the time of its dissolution then:
- The aforesaid
meeting shall decide upon the distribution of or use to which those
assets shall be put.
- The Administrative
Board shall constitute a board of trustees for the purpose of carrying
out the directions of the meeting.
ARTICLE
23: GENERAL
- No employee of
the BGOASA may represent a Corporate member at any meeting.
ARTICLE
24: POWERS OF THE ANNUAL GENERAL MEETING OR SPECIAL GENERAL MEETING TO
CONDONE CERTAIN ASPECTS
- Upon good cause
existing or being shown, a Special General Meeting of the BGOASA may
in its discretion, by a two-thirds majority of those present and voting,
condone:
- Any non-compliance
with any period specified by this Constitution in regard to notices
to be given.
- Any other matter
or non-compliance with this Constitution provided that that such
condonation does not unreasonably or adversely affect the rights
of any member in terms of this Constitution.
END
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