SAFSA Constitution
1. NAME
2.
ABBREVIATIONS
3.
OBJECTS
4.
ORGANISATION AND MANAGEMENT
5.
HEADQUARTERS
6.
REGISTRATION
7. EXTENT
OF OPERATIONS AND JURISDICTION
8.
NON-PROFITABLE ORGANISATION
9.
IDEOLOGICAL INTERFERENCE
10.
INCOME AND PROPERTY
11. THE
COUNCIL
11.1
Permanent members
11.2 Non-permanent members
11.3 Council Powers
11.4 Voting
11.5 Quorum
11.6 Number of Meetings to be
held
11.7 Notice Convening Meetings
11.8 Business other than Special
Business
11.9 Special Business
11.10 Rescinding Resolutions
11.11 Unbecoming Conduct at Meetings
11.12 Vacancy on Council
11.13 The Executive
11.14 Powers of the Executive
11.15 Annual General Meetings
12.
PROVINCIAL COMMITTEE
12.1
Formation
12.2 Interim Committee
12.3 Appointment of Committee
Members
12.4 Executive Office Bearers
12.5 Nomination and Election of
Provincial Committee
12.6 Council
Representatives
12.7 Committee’s Autonomy
12.8 Committee Constitution
12.9 Quorum
12.10 Committee Member – Termination of Office
12.11 Annual General Meetings – Provinces
12.12 Special or Extraordinary General Meetings
12.13 Notice Convening Meetings
12.14 Meetings – Business to be Transacted
12.15 Meetings – Members entitled to Vote or Attend
12.16 Quorum
12.17 Ballots
12.18 Appointment of an Auditor
13. LAWS AND
REGULATIONS
14. MEMBERSHIP
14.1
Categories
14.2 Eligibility for Council,
Executive and Branch Committee
14.3 Application for Membership
14.4 Resignation of Members
14.5 Forfeiture of Membership
14.6 Renewal/Transfer of Annual
Membership
14.7 Termination of Membership
15.
ELIGIBILITY / INELIGIBILITY STATUS
15.1
Definition of Eligibility Status
15.2 Payments for Appearances,
Endorsements and Exhibitions
15.3 Loss of Eligibility Status
15.4 Restriction of Eligibility
Rights
15.5 School or College Teachers
15.6 ProAms System
15.7 Subsistence and Travelling
Expenses
15.8 Procedure for Depriving a
Member of Eligibility Status
15.9 Reinstatement of Eligibility
Status
16.
AFFILIATED CLUBS
16.1
Definition
16.2 Members of Committee
16.3 Application for Affiliation
to SAFSA
16.4 Amendment of Affiliated Club
Constitution
16.5 Annual Affiliation Fee
16.6 Failure to pay Affiliation
Fee
16.7 Privileges enjoyed by Club
Members
16.8 Maintenance of Records
16.9 Submission of proposals to
Provincial Committee
16.10 Loss of Affiliation to SAFSA
16.11 Winding up and Dissolution
16.12 Provisions for Fund Raising
17. FINANCES
17.1
Financial
17.2 Receipts
17.3 Payments
17.4 Financial Year
17.5 Auditing
17.6 Audited Statements of
Provinces
17.7 Loans or Overdrafts
17.8 Fund Raising
17.9 Records, Accounts and
Documents
18. AMENDMENT OF
CONSTITUTION OR REGULATIONS
19.
TELEVISION ARRANGEMENTS FOR ISU AND SAFSA
EVENTS
19.1
Television Coverage, Arrangements and Rights for ISU
Events
19.2
Television Coverage, Arrangements
and Rights for SAFSA Events
19.3 Description of Television Coverage
19.4 Ice Rinks Hosting Events
19.5 Negotiations for Television
Coverage
19.6 Co-operation with
Provincial Committees
19.7 Authorised Television and
Media Coverage
20. GENERAL
20.1
Indemnity of Officers
20.2 Winding up or Dissolution
20.3 Construction and
Application
21. EFFECTIVE DATE OF
CONSTITUTION
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1. NAME
The name of the Association shall
be the "SOUTH AFRICAN
FIGURE SKATING
ASSOCIATION".
2. ABBREVIATIONS
The following abbreviations
will be used in this Constitution, the Regulations and
Annexures thereto.
SAFSA -
South African Figure Skating
Association.
ISU - International Skating Union.
THE COUNCIL - The Council of the South African Figure
Skating Association.
THE EXECUTIVE - The Executive Committee of the Council
of SAFSA.
PROVINCIAL COMMITTEE - A Provincial Committee of SAFSA.
SAPSU - South African Professional Skaters Union.
NJTC - National Judges Technical Standing Committee.
NTC - National Technical Standing Committee.
R&RC - Rules and Regulations Standing Committee
STANDING COMMITTEES - Other standing committees set up
by the Council to carry out specific tasks.
3. OBJECTS
The objects of SAFSA will be to
promote, control, encourage, advance, assist, protect
and generally further Figure Skating in the Republic of
South Africa, on ice and on synthetic polymeric ice
surfaces whether performed using ice skating blades or
substitutes simulating such, in the categories of:
3.1 Single Skating
3.2 Pair Skating
3.3 Ice Dancing
3.4 Synchronised Skating
4.
ORGANIZATION AND MANAGEMENT
The affairs of SAFSA shall be
managed by: 4.1 The Council 4.2 The Executive 4.3 The
Provincial Committees in terms of the powers defined in
this Constitution and Regulations thereto, and the
Constitutions of the Provinces.
5.
HEADQUARTERS
The Headquarters of SAFSA shall
be in the residential province in the Republic of South
Africa of the President of SAFSA and is also the legal
residence of SAFSA.
6. REGISTRATION
The Association shall be
registered with the Department of Welfare's Directorate
for Non-profit Organisations, in terms of Act No. 71 of
1997 as amended.
7. EXTENT OF
OPERATIONS AND JURISDICTION
The Association will carry on its
activities in the Republic of South Africa, raise funds
and collect contributions and donations nationally
and/or internationally. It is the exclusive national
sport association recognised by the ISU, National
Olympic Committee of South Africa, South African Sports
Commission, National Department of Sport and Recreation
and the Department of Welfare of South Africa that
administers Figure Skating throughout South Africa. All
members of SAFSA recognise that all national matters are
under the sole jurisdiction and control of SAFSA.
8.
NON-PROFITABLE ORGANISATION
SAFSA is a body corporate-type
voluntary organisation that exists in its own right
separately from its members and is not established nor
shall it be conducted for gain or profit and the funds
of SAFSA shall be utilised for and applied to objectives
contemplated in Clause 3.1. It can sue and be sued in
its own name. The existence of the organisation is not
congruent to its members.
9. IDEOLOGICAL
INTERFERENCE
SAFSA does not approve of
interference in its sport based on political, racial,
religious or any other grounds and will make every
effort to avoid any such interference.
10. INCOME AND
PROPERTY
The income and property of the
Associations may not be distributed to its members or
office-bearers, except as reasonable compensation for
services rendered (if applicable). No member or
office-bearer has any claim or rights over any income
and/or property owned by SAFSA except in the case of
"trust funds" in the name of a particular member.
11. THE
COUNCIL
11.1 The permanent members
of the Council shall consist of:
(1) The National
President
(2) The Deputy National President
(3) The National Secretary
(4) The National Treasurer
(5) The National Development Officer
(6) The National Public Relations Officer
(7) The Vice-President's being the Chairman of
each Prov. Committee
(8) The Chairman of the NJTC
(9) The Chairman of the R&RC
(10) The Chairman of SAPSU.
11.1.1 The National
President, Deputy National President, National
Secretary, National Treasurer, National
Development Officer, National Public Relations
Officer and Chairman of the R&RC shall be
elected by a simple majority vote of the
Provincial Representatives of the Council at the
Annual General Meeting of the Council.
11.1.2 The Vice-Presidents shall be the Chairman
of each Provincial Committee as elected by the
members of each Provincial Committee at its
Annual General Meeting or by the Provincial
Committee elected at the Annual General Meeting
of the Provincial Branch.
11.1.3 The Chairman of the NJTC shall be elected
by a simple majority vote of the Senior National
Judges at the annual general meeting of the NJTC
at the time and place of the National
Championships. Should the Chairman cease to hold
office for any reason whatsoever the
Vice-Chairman shall assume the office as
Chairman. In the event of the Vice-Chairman also
ceasing to hold office, the Senior National
Judges shall elect a new Chairman and
Vice-Chairman.
11.1.4 The Chairman of SAPSU shall be elected in
accordance with the SAPSU constitution. Should
the Chairman cease to hold office for any reason
whatsoever, the applicable SAPSU constitutional
clauses shall be applied.
11.2 The non-permanent,
non-voting members of council shall be the 2nd
delegates of the respective Vice-Presidents and
Chairmen of the NJTC and SAPSU. Attendance by the
Vice-Presidents' 2nd delegates at Council Meetings
shall be at the discretion and cost of the
Provincial Committees. The costs of the 2nd
delegates of the NJTC and SAPSU shall be met by
SAFSA headquarters.
11.3 Council Powers
11.3.1 To affiliate
to the ISU and to any other organisation,
association or institution if such affiliation
will in the opinion of the Council further the
objectives contemplated by Clause 3.1 and to
allow Figure Skating Organisations, Associations
and Institutions to affiliate to SAFSA.
11.3.2 To govern and
to make, alter and repeal regulations, with the
recommendations submitted by the R&RC, the NTC
and the NJTC, governing and regulating Single
Skating, Pair Skating, Ice Dancing and
Synchronised Skating in the Republic of South
Africa.
11.3.3 To grant and
contribute towards the provision of trophies,
awards and distinctions and to regulate the
conditions under which such trophies, awards and
distinctions may be competed for, granted or
achieved.
11.3.4 To purchase,
sell, hire or let or in any other manner
whatsoever acquire, dispose of or deal in any
property whether movable or immovable, enter
into any contracts and other relationships,
which is or may be required for the due and
proper achievement of the objects of SAFSA or
any one or more of such objects.
11.3.5 To borrow or
raise money by the issue of bonds, debentures,
bills of exchange, promissory notes or other
obligations, including the mortgage of immovable
property owned by SAFSA.
11.3.6 To lend money
on good and proper security to such members,
associations, clubs, companies or other
organisations, associations or institutions as
the Council may deem expedient.
11.3.7 To invest and
deal with the funds, monies and other liquid
assets of SAFSA in such manner and upon such
security as the Council may deem expedient.
11.3.8 To guarantee
the performance of contracts, subject to the
approval of Council, entered into by Provincial
Committees and generally to enter into any deed
of suretyship whatsoever.
11.3.9 To charge for
admission to any premises over which SAFSA may
have temporary control or management.
11.3.10 To establish
if deemed necessary a trust or trusts for the
achievement of any of the objects of SAFSA and
for this purpose to grant or donate assets
whether movable or immovable to any such trust
or trusts.
11.3.11 To do all
such other lawful things as are, in the opinion
of the Council, necessary, desirable,
incidental, supplementary or ancillary to any
object or power hereinbefore mentioned.
11.3.12 Agreements
with other Governing Bodies
To enter into agreements with the governing
bodies of other sports with reference to
competitions and eligibility status.
11.3.13 Advertising
and Sponsorship
To enter into any advertising or sponsorship
contract or accept sponsorship payments on
behalf of the Association, any Provincial Body
or a Registered Member of SAFSA to enable
financial assistance to be provided to such body
or member to defray expenses incurred for
training, equipment, travelling expenses,
championships, competitions, exhibitions, or
medal test expenses, subject to all such monies
received or disbursed being channelled through
the accounts of Council or a Provincial Body.
11.3.14 Formation of
Provincial Committees
To authorise the establishment of a Provincial
Committee at any place in the Republic of South
Africa where there is a permanent Ice Rink.
11.3.15 Winding Up
or Dissolution of Province
11.4 Voting
11.4.1 Voting at
Council Meetings shall be limited to the
following persons as follows; The National
President 1 vote plus a casting vote The
Vice-Presidents of each Province 1 vote each The
Chairman of the NJTC and SAPSU 1 vote each
11.4.2 In the event
of any one of the Council members eligible to
vote being unable to be present at a Council
Meeting, he/she may nominate in writing, by
means of a proxy (Appendix No. 1), another
attendant of the Council meeting to vote on
his/her behalf at such meeting.
11.4.3 The proxy,
referred to in 11.4.2, must deal with a specific
item(s) listed in the agenda and must be
submitted prior to the start of the Council
meeting to the National Secretary.
11.4.4 All questions
arising at Council meetings shall be decided by
a simple majority of those present and voting on
the question, provided that in the event of an
equality of votes, the President shall have a
second or casting vote or, if need be, the
matter may be deferred to the next Council
Meeting.
11.5 Quorum
The quorum shall be one voting member over 50% of
the full number of voting members on the Council. In
the event of there not being a quorum, the meeting
shall stand adjourned to the same time and place
three months hence when members attending shall
constitute a quorum.
11.6 Number of
Meetings to be Held.
At least two meetings (including the Annual General
Meeting) of the Council shall be convened by the
President each year. The Council may, however,
convene a meeting if such meeting is requested in
writing by 40% of the voting members on the Council
and the President has failed to comply with such
request within 30 days.
11.7 Notice Convening
Meetings.
A meeting of the Council shall be convened by
posting a notice to all members of the Council at
least twenty-eight (28) clear days before such
meeting, specifying the time and date and place of
the meeting, and the business to be transacted. With
the consent of 60% of the voting members of the
Council, the period of notice may be less than that
stipulated above.
11.8 Business other
than Special Business.
Business other than special business may, with the
consent of two-thirds of the voting members of the
Council present, be transacted at a meeting of the
Council, notwithstanding that such business may not
have been mentioned in the notice convening the
meeting.
11.9 Special
Business.
Special business shall be the making and alteration
of Regulations and dealing with the funds of SAFSA.
11.10 Rescinding
Resolutions.
No proposal to rescind a resolution previously
passed by the Council shall be considered at any
meeting unless notice thereof has been given in the
notice convening the meeting and the text of the
resolution proposed to be rescinded is set out in
the said notice.
11.11 Unbecoming
Conduct at Meetings.
Any person guilty of unbecoming conduct at any
Council Meeting may be called upon to apologise and,
having failed to do so, may be dealt with as the
meeting may think fit. Such person shall, if
requested by the meeting, retire while his/her
conduct is being discussed.
11.12 Vacancy on
Council.
A vacancy on the Council due to death or resignation
of the nominee of a Provincial or Standing Committee
shall be filled by another nominee or Vice-Chairman
where applicable, of that Provincial or Standing
Committee.
11.13 The Executive.
The Executive shall be elected by the Council,
subject to the provisions of Clauses 11.15.1,
11.15.2 and 11.15.3 applying where necessary, and
shall consist of:
(1) The National
President
(2) The Deputy National President
(3) The National Secretary
(4) The National Treasurer
(5) The National Development Officer
(6) The National Public Relations Officer.
11.14 Powers of the
Executive.
The Executive shall have the following powers:
11.14.1 to deal with
matters of a routine nature during the periods
between Council meetings;
11.14.2 to purchase
such stationery and equipment as may be required
for the purpose of carrying out the affairs of
SAFSA and generally to do all such things as may
be necessary for the proper conduct and
management of SAFSA;
11.14.3 to deal with
complaints lodged by any person provided that
the complaint of a SAFSA member must be
submitted through their Provincial Committee;
11.14.4 after giving
the reasons therefore in writing to the member,
suspend or disqualify such member who has acted
contrary to this Constitution or any Regulations
in force thereunder or in a manner so as to
bring discredit on SAFSA or its officials, for
such period as the Executive shall decide, from
participating in any competition, test or event.
Any decision of the Executive shall be subject
to appeal to them within 14 days of date of
notification and in need thereafter to the
Council;
11.14.5 to act in
all or any cases of emergency, provided that any
ruling, decision or findings made by the
Executive in terms of this rule, shall only be
binding and acted upon until confirmation,
rejection or amendment thereof by the Council.
11.15 Annual General
Meetings.
The Annual General Meeting of the Council shall be
held by the 30th June of every year or in special
circumstances may be held at a later date determined
by the Executive. Clauses 11.4.2, 11.4.3, 11.5,
11.7, 11.8, 11.10, 11.11 and 11.12 shall apply.
11.15.1 Nomination
of Office Bearers to Council.
Nominations for the Executive positions
(National President, Deputy National President,
National Secretary, National Treasurer, National
Development Officer and National Public
Relations Officer) of council, including those
of present incumbents, must be received by the
National Secretary three (3) months prior to the
Annual General Meeting of the council. Current
office bearers shall formally indicate their
willingness to serve, or not, for a further term
at least four months prior to the expiry of
their term of office as determined by the Annual
General Meeting of the Council. Nominations for
the position of National President must be
accompanied by a curriculum vita and the nominee
must have served as a SAFSA Provincial Committee
Member for a period of no less than two (2)
consecutive years prior to his/her nomination.
11.15.2 Election of
Office Bearers to Council.
The National President, Deputy National
President, National Secretary, National
Treasurer, National Development Officer,
National Public Relations Officer and Chairman
of the R&RC shall be elected by a simple
majority vote of the Provincial Representatives
(Vice-Presidents of each Province) of the
Council at an Annual General Meeting of the
Council.
11.15.3
Office-bearers Period of Office.
The above mentioned office-bearers referred to
in clause 11.15.2 shall hold a period of office
as follows:
11.15.3.1 The
National President, Deputy National
President, National Secretary and National
Treasurer shall hold office for a period of
three (3) years. In the event of the
National President ceasing to hold office
for any reason whatsoever the Deputy
National President shall assume the office
as National President for the unexpired
portion of the previous incumbents period of
office. The replacement for the vacant post
of Deputy National President so created or
should the Deputy National President cease
to hold office for any reason whatsoever,
such replacement shall be elected by
Council. In the event of either the National
Secretary or National Treasurer ceasing to
hold office for any reason whatsoever the
remaining members of the Executive shall
appoint a replacement to hold office for the
unexpired portion of the previous incumbents
period of office.
11.15.3.2 The
National Development Officer shall hold
office for a period of one year. Should the
National Development Officer cease to hold
office for any reason whatsoever the
remaining members of the Executive shall
appoint a replacement to hold office for the
unexpired portion of the previous incumbents
period of office.
11.15.3.3 The
National Public Relations Officer shall hold
office for a period of one year. Should the
National Public Relations Officer cease to
hold office for any reason whatsoever the
remaining members of the Executive shall
appoint a replacement to hold office for the
unexpired portion of the previous incumbents
period of office.
11.15.3.4 The
R&RC Chairperson shall hold office for a
period of three (3) years. Should the
Chairman cease to hold office for any reason
whatsoever the Executive shall appoint a
replacement to hold office for the unexpired
portion of the previous incumbent's period
of office.
11.15.3.5 The
Chairman of the R&RC and the NJTC, both of
which hold office for a period of three (3)
years, must be elected in consecutive years
as defined by their term of office and in
the same order. The exception to this rule
shall be in cases of a "vote of no
confidence" transpiring.
11.15.4 Voting.
Voting at the Annual General Meeting of the
Council shall be restricted to the Provincial
Representatives of the Council (unless clause
11.4.2 applies) only. All matters shall be
decided by a simple majority of those present
and voting. If several candidates obtain an
equal number of votes there shall be a deciding
ballot between them and if again there is a tie,
a decision shall be reached by lot.
11.15.5 Meetings.
Business to be transacted At the Annual General
Meeting, the following shall be transacted:
11.15.5.1 Read
and confirm the minutes of the previous
Annual General Meeting.
11.15.5.2 Receive the Report of the
President.
11.15.5.3 Receive and consider the audited
Financial Report.
11.15.5.4 Table the Vice-Presidents' Reports
and the Financial Reports presented at the
Annual General Meetings of members
registered with the Provinces that are held
in the current year.
11.15.5.5 Table the Chairpersons' Reports of
the NJTC, NTC and R&RC.
11.15.5.6 Appoint for the ensuing three (3)
years the Executive of Council.
11.15.5.7 Appoint for the ensuing year an
Auditor, who shall not be a member of SAFSA.
11.15.5.8 Appoint members, which must be
Voting Members but need not be Council
Members, to the following committees;
(a)
International competitions.
(b) National Championships.
(c) Interprovincial Championships.
(d) Rules and Regulations Chairperson
for the ensuing three (3) years and
three (3) further members elected
annually, one (1) of whom shall be
appointed by the NJTC and shall be a
Senior National Judges.
(e) International Selections Committee
in accordance with Section N of the
Rules and Regulations.
(f) Drafting.
11.15.5.9 Any other business as stated
in the agenda.
12.1 Formation.
May only be established with the prior approval of
the Council.
12.2 Interim
Committee.
When the Council has approved the formation of a
Provincial committee the Executive shall appoint
three full members of SAFSA as an interim committee
to hold office as Chairman, Secretary and Treasurer
to set up the administration of the Provincial body.
The interim committee shall hold office until an
inaugural general meeting is convened to elect a
Provincial Committee. This inaugural meeting must be
held within six (6) months of the appointment of the
interim committee.
12.3 Appointment of
Committee Members.
At each Annual General Meeting of Association
members registered with the Province, members
present and entitled to vote shall elect at least
five but not more than ten persons from amongst
Voting Members of SAFSA over the age of eighteen
(18) years to serve on the Provincial Committee for
the ensuing year.
12.4 Executive Office
Bearers.
Each Provincial Committee so elected shall elect
from amongst its members a Chairman, a
Vice-Chairman, an Honorary Secretary, Honorary
Treasurer or an Honorary Secretary/Treasurer and any
other Executive office bearers that may be deemed
necessary. Alternatively, if two-thirds of those
members present and entitled to vote at the meeting
agree that the persons who have already been duly
nominated for election to the Provincial Committee
under clauses 12.5.2 and/or 12.5.4 should be further
nominated for certain specified Executive offices on
the Provincial Committee, such nominations (duly
proposed, seconded, and accepted by the nominees)
shall take place immediately prior to the election
of the Committee, which in all cases shall have an
Executive of at least three (3) office bearers.
12.5 Nomination and
Election of Provincial Committee
12.5.1 Nominations for
the elective members of the Provincial Committee
must be received by the Secretary of the
Provincial Committee at least fourteen (14) days
before the date of the Annual General Meeting.
The notice convening the meeting shall draw
attention to this clause. The subscriptions of
the nominated person (who must have been a SAFSA
member for a minimum period of six (6) months
preceding the nomination), proposers and
seconders may not be in arrears at the time of
submitting the nominations for a provincial
committee.
12.5.2 At the
expiration of the term of office of members of
the Provincial Committee, such members who have
in writing expressed their willingness to serve
a further term on the Committee (if elected) to
the Secretary of the Provincial Committee, shall
automatically be deemed to have been duly
nominated for the Provincial Committee.
12.5.3 Committee
members shall be elected by ballot, and if there
are more than the required number of nominees
willing to serve, if elected, the names of all
nominees shall be submitted to secret ballot,
and it shall be indicated which candidates are
existing members of the Provincial Committee and
the number of attendance's of each candidate at
all meetings of the Provincial Committee.
12.5.4 Nominations for election to the
Provincial Committee, duly proposed and seconded
by voting members, shall be made on a prescribed
form (Appendix No. 2) which shall contain
provision for a signed statement by the nominee
to the effect that if elected, he/she is
prepared to serve on the Provincial Committee.
12.5.5 The result of the election shall be
announced at the Annual General Meeting. A
vacancy arising out of the death or resignation
of any elected member may be filled by the
Provincial Committee, and the person appointed
to fill such a vacancy shall go out of office at
the same time as the person in whose place
he/she was appointed would have gone out of
office.
12.6 Council
Representatives.
The Chairman and one other member of the Provincial
Committee, who are to be named in writing to the
Secretary of the Council, shall be, respectively,
the 1st and 2nd delegate to the Council of SAFSA.
Both shall represent members of the Association
registered with the Province on the Council. Advice
to reach the Secretary of the Council within thirty
(30) days of appointment of a new Provincial
Committee. The 2nd delegate shall take up his/her
position on Council at the discretion and expense of
the Province in which the 2nd delegate is
registered.
12.7 Committee's Autonomy.
Each Provincial Committee shall manage the affairs
of SAFSA for the Province in which it is resident
and shall have autonomy with regard to domestic
affairs defined within the framework of the
Committee Constitution.
12.8 Committee Constitution.
12.8.1 The
constitution of a Committee and any amendments
thereto from time to time must first have the
prior approval of the Council and thereafter
have been approved by not less than two-thirds
of the total number of voting members registered
with the Committee.
12.8.2 Any
additions, amendments or deletions to a
Provincial Constitution approved by the Council
of SAFSA shall be binding and deemed to be
automatically accepted and included in the
Provincial Constitution.
12.9 Quorum.
A quorum of a Provincial Committee shall be fixed at
its first meeting but shall not be less than three
(3) members.
12.10 Committee Member - Termination of Office.
A person appointed as a member of a Provincial
Committee shall, if he/she ceases to be a member of
SAFSA, cease to be a member of such Provincial
Committee, but shall otherwise hold office until
he/she resigns or until the next election of such
Provincial Committee.
12.11 Annual General Meetings - Provinces.
The Annual General Meeting of the members registered
with a Province shall be held not later than June
30th in each year.
12.12 Special or Extraordinary General Meetings.
12.12.1 Special or
Extraordinary General Meeting of the members
registered with a Province may be convened at
any time by the Provincial Committee.
12.12.2 If a Special or Extraordinary General
Meeting is not convened by the Committee within
four weeks after a requisition for that purpose,
specifying in writing the object of the meeting,
and has been sent to the Secretary of the
Provincial Committee by 51% of the Voting
Members of SAFSA registered with the Province, a
Special or Extraordinary General Meeting may be
convened by the members making such a
requisition.
12.13 Notice Convening
Meetings An Annual, Special or Extraordinary General
Meeting of members registered with a Province shall
be convened by posting notice thereof, specifying
the time and place of the Meeting, and the business
to be transacted thereat, thirty (30) clear days
before the Meeting to every Voting Member,
Non-Voting Member, Honorary Member, Life Member, all
Members with Restricted Rights and Affiliated Clubs
as defined in clause 14.1. Registers shall be closed
on the day prior to the issue of such notice and
only voting members listed in these registers may
exercise their right to vote at any of the above
meetings. Any notice or letter, if served by post,
shall be deemed to have been served if properly
addressed and postage prepaid. Members shall be
responsible for ensuring that the Provincial
Committee concerned is in receipt of their latest
contact particulars at all times.
12.14 Meetings - Business to be transacted
12.14.1 At the Annual
General Meeting of members registered with a
Province, the following business shall be
transacted:
12.14.2 Read and confirm the minutes of the
previous Annual General Meeting;
12.14.3 Receive the Report of the Chairman;
12.14.4 Receive the Audited Financial Statements
and approve these Statements if deemed correct;
12.14.5 Elect from among the Voting Members of
SAFSA registered with a Province, no less than
five (5) and no more than ten (10) elective
members to the Provincial Committee (in terms of
Clause 12.3) for a term of one year;
12.14.6 Appoint an Auditor, who shall not be a
member of SAFSA, for the ensuing year;
12.14.7 Any other business as stated in the
agenda of which due notice of at least 14 days
has been given.
12.15 Meetings - Members
entitled to Vote or Attend
12.15.1 At a
General, Special or Extraordinary General
Meeting of members registered with a Province
the following persons shall, subject to these
Rules, be entitled to attend and vote:
12.15.1.1 Those
Members defined in Clauses 14.1.1.1 and
14.1.1.2 whose subscription shall not be in
arrears at the time of the meeting;
12.15.1.2 Those
Members defined in Clause 14.1.1.3; 12.15.2
The persons as defined in Clauses 14.1.2
with the exception of those persons defined
in Clause 14.1.2.7 shall be entitled to
attend the Meeting as observers without
vote. The affiliation fees, where
applicable, of all members attending shall
not be in arrears at the date of the
meeting.
12.16 Quorum.
The quorum shall be 15% of the voting members
registered with a Province (inclusive of the
Provincial Committee members). In the event of there
not being a quorum, the Meeting shall stand
postponed to the same place (provided still
available) and time seven (7) days hence. If the
postponed meeting is to convene at a different venue
than originally selected then all Members as listed
in Clause 12.13 must receive notice of the new venue
at least five (5) days prior to the meeting
commencing. Members then attending shall constitute
a quorum.
12.17 Ballots.
At a General Meeting of members registered with a
Province, every question or motion relating to
Provincial affairs, in accordance with powers
delegated to Provincial Committees, shall be decided
by a show of hands, and every person present and
entitled to vote shall have one vote, unless prior
to such vote being taken, or immediately thereafter
a ballot is; Directed by the Chairman, or Demanded
by not less than 25% of the persons present and
entitled to vote. In the case of an equality of
votes, the Chairman shall have a second or casting
vote. A voting member shall not be permitted to
submit a proxy or special vote to any person to vote
on his or her behalf if he/she is unable to attend
an Annual, Special or Extraordinary General Meeting.
12.18 Appointment of an Auditor.
At the Annual General Meeting of members registered
with a Province an Auditor, who is not a member of
SAFSA, shall be appointed by the members present and
entitled to vote.
13. LAWS
AND REGULATIONS
The Laws and Regulations of
SAFSA shall be binding on all Provincial Committees,
Affiliated Clubs and Members thereof.
14.
MEMBERSHIP
14.1.1 Members eligible
to vote
14.1.1.1 Voting
members.
Members who have attained the age of 18
years and are eligible persons.
14.1.1.2 Life members.
Members who conform with clause 14.1.1.1 and
who have paid a membership fee equal to ten
(10) times the annual subscription fee in
force in the year in which payment is made
or who have been paid up members for a
minimum of ten (10) consecutive years.
14.1.1.3 Honorary members.
Members who, for some special services
rendered to Figure Skating have been
nominated by the Executive or a Provincial
Committee for such membership and such
honorary membership has been awarded by the
Council.
14.1.2 Members not
eligible to vote
14.1.2.1
Non-voting members.
Members who have not attained the age of 18
years and are eligible persons.
14.1.2.2 Members
with restricted rights.
Members whose rights are restricted as
specified in Clauses 15.4.2 or 15.4.3.
14.1.2.3 Life
members with restricted rights.
Members who conform with clause 14.1.1.1 and
who have paid a membership fee equal to ten
(10) times the annual subscription fee in
force in the year in which payment is made
or who have been paid up members for a
minimum of ten (10) consecutive years and
whose rights are restricted as specified in
Clauses 15.4.2 or 15.4.3.
14.1.2.4
Honorary members with restricted rights.
Persons, other than current SAFSA members
who, for some special services rendered to
Figure Skating have been nominated by the
Executive or a Provincial Committee for such
membership and such honorary membership has
been awarded by the Council and whose rights
are restricted as specified in Clauses
15.4.2 or 15.4.3.
14.1.2.5 Limited
members.
Members of affiliated clubs with restricted
rights as specified in Clause 15.4.1.
14.1.2.6
Affiliated Clubs; Organisations,
Associations or Institutions that have been
allowed to affiliate to SAFSA.
14.1.2.7
Ineligible members.
Members who are not eligible persons as
defined in Clause 15.
14.2 Eligibility for
Council, Executive and Branch Committee.
Only that class of members referred to in Clause
14.1.1 can be appointed as a Council, Executive or
Branch Committee Member with the exception of the
Chairperson of SAPSU who has membership and voting
rights at Council meetings.
14.3 Applications for
Membership.
14.3.1 Any person or
club wishing to become a member of SAFSA shall
apply for membership (Appendix No. 3) to a
Provincial Committee of their choice and if such
application is accepted, shall be registered as
a member of SAFSA. A copy of the applicant's
birth certificate or identity document shall
accompany all membership applications.
14.3.2 An application for membership in any of
the categories listed in Clause 14.1 shall be
accompanied by an annual subscription determined
by the Council from time to time, which fees
shall be refunded if such application is not
accepted.
14.4 Resignation of
Members.
A member may, by written notice to the secretary of
the Provincial Committee with whom he/she is
registered, resign from SAFSA.
14.5 Forfeiture of Membership.
Any person or club who by reason of failure to pay
the annual subscription on or before the date
specified in Clause 14.6.2 ceases to be a member of
SAFSA, and shall, if they again wish to become a
member, submit a new application in terms of Clause
14.3.2.
14.6 Renewal/Transfer of Annual Membership
14.6.1 Renewal
subscriptions shall be due on the first day of
April in every year.
14.6.2 If any such subscription is not paid on
or before the 1st day of April in any year, the
secretary of the provincial committee concerned
shall notify the member in writing that his/her
subscription is unpaid, and if such payment is
not paid on or before the 30th day of April,
he/she shall cease to be entitled to the rights
and privileges of membership to SAFSA.
14.6.3 Only members of good standing shall be
permitted to vote or partake in any SAFSA
business and/or event.
14.6.4 No member whose subscription has not been
paid shall be entitled to take part in any
Championship, Competition or Medal Test.
14.6.5 Members
wishing to transfer to another Province may only
do so in the following circumstances;
14.6.5.1 At any
time during a SAFSA financial year by reason
of change of permanent residence involving a
distance of more than 100 kilometres.
14.6.5.2 In April annually (unless the
provisions of Clause 14.6.5.1 apply) when
the member shall do so by paying his
membership fee to the Province to which the
member wishes to transfer.
14.6.5.3 When
the provision of clauses 14.6.5.1 applies
the province with which the member is
registered shall complete and forward to the
Province to whom the member wishes to
transfer, a prescribed transfer form duly
completed (Appendix No. 4).
14.7 Termination of
Membership.
14.7.1 If a
Provincial Committee is of the opinion that in
the interests of SAFSA any member should cease
to be a member, the Provincial Committee shall
at least 14 days before its next meeting advise
the member, by registered post, of the reasons
for its opinion and, after giving such member
the opportunity of being heard at such meeting,
shall, if it is still of the same opinion,
request the member to resign within 14 days,
failing which, the Provincial Committee shall
expel such member.
14.7.2 The Council
may on the written application by a member who
has been expelled from SAFSA in terms of Clause
14.7.1 and after reference to the Provincial
Committee concerned within a period of
twenty-one days from date of expulsion confirm
or set aside the expulsion. If the expulsion is
set aside the member concerned may be reinstated
with effect from the date he/she was expelled.
14.7.3 For the
purposes of Clause 14.7.2 the fact that a
Provincial Committee concerned has not furnished
any comments or made any representations within
a period of twenty-one days (21) from the date
of receipt by such Provincial Committee of a
copy of the said application shall not preclude
the Council from acting in terms of Clause
14.7.2.
14.7.4 Every Provincial
Committee shall notify the Council within seven
(7) days of the expulsion of any member in terms
of Clause 14.7.1 and the said Council shall
unless such expulsion is set aside in terms of
Clause 14.7.2 notify every other Provincial
Committee of such expulsion.
14.7.5 A person who has been expelled from SAFSA
in terms of Clause 14.7.1 shall thereafter not
become a member of SAFSA except with the prior
written approval of the Council.
15.
ELIGIBILTY / INELIGIBILITY STATUS
The eligibility rules of
SAFSA are based upon the principle that a person has the
privilege to take part in the activities and
competitions under the jurisdiction of SAFSA only if
such person respects the principles and policies of
SAFSA as expressed in the SAFSA Constitution and Rules
and Regulations, and fulfils those obligations on the
basis of which SAFSA functions and governs all its
activities.
15.1 Definition of
Eligibility Status.
An eligible person is one who elects to take part
only in National Championships, Competitions or
Tests and International Competitions that are:
15.1.1 Sanctioned by
SAFSA;
15.1.2 Conducted by
SAFSA or ISU recognised and approved officials,
including Referees, Judges and others; and
15.1.3 Conducted
under SAFSA or the ISU regulations.
15.2 Payments for
Appearances, Endorsements and Exhibitions.
A skater wishing to take part in SAFSA activities
should not be placed at a disadvantage by reason of
the necessity to prepare for and participate in
SAFSA Events and all international competitions,
exhibitions and tours properly sanctioned by SAFSA
or another ISU member. Accordingly, a skater may
receive payments for appearances, endorsements and
exhibition performances and still remain eligible,
provided:
15.2.1 Such skater
complies with conditions established by SAFSA
concerning such appearances, endorsements and
exhibition performances, including all financial
arrangements;
15.2.2 Payments or
other benefits to be received by such skater for
any skating appearances are made through SAFSA
or at least with full information on such
payments or benefits given to such skater to
SAFSA;
15.2.3 Such skater
complies with all other provisions of this rule.
It is the responsibility of SAFSA to establish
the basis for the receipt of payments by such
skater for appearances, endorsements and
exhibition performances. SAFSA may share such
payments in consideration of past and present
support of such persons, but with not more than
ten percent (10%). The individual provinces of
SAFSA shall monitor its skaters to ensure that
they do not participate in competitions that
would render them ineligible.
15.3 Loss of Eligibility
Status.
A person becomes ineligible to participate in SAFSA
and ISU activities and competitions by:
15.3.1
Participating, without the prior express
authorisation of SAFSA, in any capacity in a
skating competition, exhibition or tour and test
in any of the sport disciplines of SAFSA or the
ISU;
15.3.2 Participating
in a competition conducted by officials
(Referees, Judges, etc.) not on the SAFSA or ISU
approved list;
15.3.3 Participating
in a competition, exhibition or test not held in
accordance with the constitution, the
Regulations or Rules of SAFSA, the ISU or any
member of the ISU;
15.3.4 Participating
in an event not sanctioned by SAFSA;
15.3.5 For pecuniary
gain or reward pledges or otherwise disposes of
any prize, trophy, medal or other award held by
virtue of any achievement or in connection with
Figure Skating;
15.3.6 Without the
permission of SAFSA any person displays or
participates or is otherwise involved or
concerned in the display of any form of
advertising relating to any connected product,
service or undertaking other than any form of
advertising or sponsorship contemplated by
Clause 11.3.13; and
15.3.7 Otherwise
violating this rule. Only eligible persons,
including skaters, are permitted to take part in
SAFSA Events and other national and
international competitions. Eligible persons may
take part in exhibitions and tours that may
include ineligible skaters, only if SAFSA, the
ISU and another ISU Member (if applicable)
sanction such exhibitions and tours. Eligible
persons may participate in SAFSA and ISU
approved Open International Competitions that
include invited ineligible skaters as approved
by SAFSA and the ISU.
15.4 Restriction of
Eligibility Rights
15.4.1 Every member of
an Affiliated Club who is not a member of SAFSA
in his or her own right shall be deemed to be a
limited member of SAFSA and may not hold office
under this Constitution, vote at any meeting of
the Council or of a Provincial Committee or take
part whether as a candidate, competitor or
official, in any test, competition or
championship.
15.4.2 A person (although not otherwise
ineligible under other provisions of Clause 15)
who receives remuneration from partial or full
ownership or management, direct or indirect, of
an ice show or skating exhibition tour or is a
paid employee of an ice rink where the duties
applicable to the position held could be used to
place any member of SAFSA at a material
disadvantage in the pursuance of the sport
vis-à-vis any other member of SAFSA may not:
15.4.2.1 be a
Referee, Assistant Referee or Judge in SAFSA
Events or any other national and/or
international competitions or Medal Tests
sanctioned by SAFSA or a Provincial
Committee or the ISU;
15.4.2.2 be a
delegate to a SAFSA and/or ISU congress;
15.4.2.3 serve
on or be present at a meeting of the SAFSA
Council or any committee or sub-committee
thereof, a Provincial Committee or any
sub-committee thereof or the committee or
governing body or sub-committee of an
Affiliated Club, save by invitation and then
without voting rights; and
15.4.2.4 be a
competitor at any competition, Championship
or exhibition held under the control or
management of SAFSA or a Provincial
Committee provided prior permission has been
obtained through a Provincial Committee from
the Executive.
15.4.3 A remunerated
coach and paid employees of SAFSA (although not
otherwise ineligible under other provisions of
Clause 15) may not:
15.4.3.1 be a
Referee, Assistant Referee or Judge in SAFSA
Events or any other national and/or
international competitions or Medal Tests
sanctioned by SAFSA or a Provincial
Committee or the ISU;
15.4.3.2 serve
on or be present at a meeting of the SAFSA
Council with the exception of the SAPSU
Chairperson who has voting rights and one
(1) further delegate, or any committee or
sub-committee thereof with the exception of
the SAPSU Chairperson and two (2) further
delegates and who are all members with
voting rights of the NTC, a Provincial
Committee or any sub-committee thereof or
the committee or governing body or
sub-committee of an Affiliated Club, or a
delegate of SAFSA at an ISU congress, save
by invitation and then without voting
rights.
15.4.3.3 be a
competitor in any SAFSA Event or any other
national competitions sanctioned by SAFSA.
15.5 School or
College Teachers.
The provisions of Clause 15.4.3 shall not apply in
the case of a teacher in a school or college who
without being specially remunerated therefore,
practices or teaches any athletic activity or Figure
Skating as part of and in the performance of his/her
duties as a teacher in such school or college.
15.6 Pro-Am System.
The provisions of Clause 15.4.3 shall not apply in
the case of figure skaters, with the exception of
all Judges, Probationary Judges, Evaluators and
Probationary Evaluators, who teach or coach figure
skating and are specially remunerated therefore with
the proviso that all remuneration shall be deposited
into a trust fund administrated by the Provincial
Committee to which the skaters are affiliated and
all funds so accumulated by the figure skater shall
be used only for figure skating purposes (coaching
fees, costumes, ice hire, equipment and travel
expenses).
15.7 Subsistence and
Travelling Expenses.
The provisions of Clause 15.4.3 shall not preclude
the total or partial payment or repayment by the
Council or a Provincial Committee of the subsistence
and travelling expenses necessarily incurred by or
the loss of salary or wages suffered by any eligible
person in taking part or being otherwise involved or
concerned in any Championship, Competition,
Exhibition or Test wherever held.
15.8 Procedure for
Depriving a Member of Eligibility Status
15.8.1 The Council
may, after the succeeding provisions of this
Clause have been complied with and if it is of
the opinion that an eligible person has ceased
to be an eligible person, deprive such person of
eligibility status.
15.8.2 Any
allegations or complaint that the eligible
person concerned has ceased to be an eligible
person shall be made by way of affidavit or
sworn declaration to the Council.
15.8.3 The Council
shall on receipt of any allegation or complaint
contemplated by Clause 15.8.2 cause a copy of
the affidavit or sworn declaration to be sent by
registered mail to the eligible person concerned
at the address recorded by the Provincial
Committee with whom the eligible person is
registered. Where such allegation or complaint
has been made by a Provincial Committee other
than that with whom the eligible person is
registered, a copy thereof shall also be sent to
the latter Provincial Committee.
15.8.4 Not less than
sixty (60) days after compliance with the
provision of Clause 15.8.3 the Council shall
consider the allegation or complaint made by the
eligible person concerned and the comments (if
any) of the Provincial Committee concerned and
after consideration thereof determine whether or
not such eligible person should be deprived of
his/her eligibility status.
15.8.5 The failure
of the eligible person or Provincial Committee
concerned to furnish any explanation or comments
within the period of sixty (60) days referred to
in Clause 15.8.4 shall not preclude the Council
from thereafter making any determination.
15.8.6 The Council
shall in writing inform the eligible person and
the Provincial Committee concerned of the
determination made by it in terms of Clause
15.8.5.
15.9 Reinstatement of
Eligibility Status
15.9.1 The Council
may, on the application of any person who has
been deprived of his/her eligibility status and
after consultation with the Provincial Committee
concerned, re-instate such person as an eligible
person subject to such conditions as such
Council may impose.
15.9.2 The Council
shall not reinstate any person as an eligible
person -
15.9.2.1 unless the
reason for such person having been deprived
of eligibility status has ceased to exist
for at least one (1) year or such lesser
period as the Council may in exceptional
circumstances approve;
15.9.2.2 unless
the application for reinstatement is
accompanied by a fee of R50-00 (Fifty Rands)
which is not refundable if the application
is declined;
15.9.2.3 if such
person has previously been deprived of
eligibility status, subsequently reinstated
and thereafter again deprived of eligibility
status unless a period of at least three (3)
years has elapsed since the last occasion on
which such person was deprived of
eligibility status.
16.1 A club formed for
the promotion of Figure Skating may apply through a
Provincial Committee to be affiliated to SAFSA.
16.2 The Committee of
every Affiliated Club shall be entirely comprised of
eligible persons defined in Clauses 14.1.1 or
14.1.2.5. In addition, the Chairperson of the
Affiliated Club shall be a SAFSA member as defined
in Clause 14.1.1.
16.3 Any application for
affiliation shall not be considered until the
Constitution, Rules or Regulations of the club
concerned have been approved and accepted by the
Provincial Committee.
16.4 Any alteration in
the Constitution, Rules or Regulations of an
Affiliated Club shall be submitted to the Provincial
Committee concerned for approval before such
alteration may come into force.
16.5 Every Affiliated
Club shall pay to the Provincial Committee an annual
affiliation fee that shall be determined by the
Council. Payment of such fee shall be due on the
first (1st) of April annually and none of the right
and privileges of an affiliated club or of the
members of such club shall be enjoyed, if and for so
long as any payment due by such club remains unpaid.
16.6 If the affiliation
fee referred to on Clause 16.5 remains unpaid after
the expiry of a period of thirty (30) days from due
date then the club shall cease to be an affiliated
member of SAFSA.
16.7 Every member of an
Affiliated Club shall be entitled while such club is
affiliated to all privileges of membership of SAFSA
on payment of an annual subscription as determined
by the Council.
16.8 The Secretary of
every Affiliated Club shall maintain a current
record of members and the names and addresses of all
officials and committee members. Such records shall
be available to the Provincial Committee on request.
16.9 Every Affiliated
Club shall be entitled to submit written proposals
to a Provincial Committee for consideration. Should
any discussion be required thereafter in relation to
the decision reached, a representative of the
Affiliated Club shall be permitted to arrange a
suitable meeting with the Executive of the
Provincial Committee.
16.10 A Provincial
Committee may, after giving an Affiliated Club an
opportunity of being heard and if it considers it
desirable and in the interests of SAFSA, to resolve
that such club should cease to be affiliated to
SAFSA. Notice of such resolution shall be served by
registered mail upon the Secretary of such Club
which may within twenty-one (21) days on receipt of
such notice, appeal to the Council whose decision
shall be final.
16.11 In the event of a
club affiliated to SAFSA being wound up and
dissolved then, after satisfying all liabilities the
remaining assets of such club, if any, shall be
handed over to the Provincial Branch of SAFSA to
which the club is affiliated.
16.12 With the exception
of the collection of membership fees from its
registered members an Affiliated Club may not in its
own name raise funds as defined in the Non-profit
Organisations Act No. 71 of 1997 as amended. Any
fund raising must be carried out under the control
and supervision of the Provincial Committee of the
association registered in terms of the Non-profit
Organisation Act with whom the club is affiliated
who must issue to the Affiliated Club the required
form. All funds so collected must be paid over to
the Provincial Committee who shall be responsible
for the distribution of such funds.
17.1 Financial
Records.
The National Treasurer and the Provincial Treasurers
shall keep adequate records and books recording the
financial affairs of SAFSA.
17.2 Receipts.
All sums received on behalf of the Council or any
Provincial Committee by the National Secretary or
Treasurer or the Provincial Secretary or Treasurer
shall as soon as practicable be paid into the
Council or the Provincial Committee banking account.
17.3 Payments.
All payments on behalf of SAFSA shall be made out of
a SAFSA banking account; and the Treasurer shall
arrange that such accounts shall not be drawn upon,
save by cheque signed and countersigned in such
manner and by such persons as the Council or the
Provincial Committee may from time to time direct.
In addition, immediate family cannot be
co-signatories of SAFSA cheques.
17.4 Financial Year.
The Association's financial year will end on March
31st. As soon as practicable, the National Treasurer
and the Provincial Treasurers shall submit books
together with all relevant vouchers and documents to
their appointed auditors. The President or
Provincial Chairperson responsible must ensure that
the above paragraph is adhered to. Failure to do so
will result in a disciplinary hearing and possible
expulsion and/or any other such actions as the
Council may deem necessary.
17.5 Auditing.
The auditors shall complete the audit of such
accounts as soon as practicable and the duly audited
accounts shall be presented at the ensuing Annual
General Meetings.
17.6 Audited
Statements of Provinces.
A copy of the audited statement of the Provincial
Committee account must be submitted to the National
Secretary.
17.7 Loans or
Overdrafts.
A Provincial Committee must not raise any loans or
overdraft facilities in excess of R200.00 without
first obtaining the written consent of the Executive
Committee.
17.8 Fund Raising.
The Executive shall be responsible for the
observance of the provisions of the Non-profit
Organisation Act No. 71 of 1997 as amended from time
to time and shall furnish the Director of Non-
Profit Organisations with all such particulars as he
may require in terms of the afore-going Act or
regulations thereunder.
17.9 Records,
Accounts and Documents.
17.9.1 The Executive
must ensure that a handbook and/or manual be
established and be continuously updated that
contains all information pertaining to SAFSA
affiliations, annual fees due to other bodies
and their latest contact information, due dates
for payment of all affiliation fees, membership
lists detailing all the latest Member
information and a list of all SAFSA assets.
17.9.2 The records,
accounts, books and documents of or pertaining
to the affairs of Provincial Committees and
Affiliated Clubs shall be open to inspection -
17.9.2.1 by the
members of the respective Provinces in which
the members are registered at each Annual
General Meeting;
17.9.2.2 by a
member of the Council specially authorised
thereto by such Council;
17.9.2.3 at such
time, on such date and at such place as the
Council may determine and in writing inform
such Provincial Committee or Affiliated
Club, and such Provincial Committee or
Affiliated Club shall take all such steps as
may be necessary to ensure that all records,
accounts books and documents are rendered
available to the member or the Council.
17.9.3 All the records,
accounts, books and documents held by an office
bearer of the Executive during his/her period of
office must immediately be handed to the current
Executive once he/she no longer holds office for
any reason or is no longer a member of the
Executive. The Executive must ensure that it is
in possession of all records, accounts, books
and documents that pertain to SAFSA, commencing
from the initial establishment of SAFSA.
18.AMENDMENT OF CONSTITUTION OR REGULATIONS
18.1 This Constitution and
any Regulations in force thereunder (except where
otherwise noted) may only be amended at a meeting of
the Council and subject to the following provisions:
18.1.1 That such
amendments are agreed to by not less than
two-thirds of the total number of voting members
of the Council whether or not such members are
present at such meeting.
18.1.2 That proposed
amendments to the Constitution will only be
considered providing they have been submitted to
the Executive, in writing, not less than three
(3) months prior to the next Council meeting and
the Executive, has on receipt of any proposals
forwarded a copy to each Provincial Committee
and to the Chairman of the R&RC, NJTC and SAPSU.
18.1.3 That proposed
amendments to Regulations and recommendations
for awarding Protea, National or Provincial
Colours, the Max Staub Star or any other award
that SAFSA may introduce will only be considered
providing they are submitted on the same basis
as amendments to the Constitution (see 18.1.2
above) subject to the proviso that a copy of
each proposal, excluding those relating to
National, or Provincial Colours, and the Max
Staub Star shall also be sent to the Chairman of
the R&RC, NJTC and SAPSU for comments.
18.1.4 That such
amendments, which have been approved by the
Council, shall be notified by the R&RC by means
of a separate numbered communication to each
Provincial and Standing Committee and shall come
into force on the date determined by the R&RC,
unless a date was determined at the Council
meeting when the amendment was approved.
18.2 Any proposed
amendment that was not agreed to in terms of clause
18.1.1 may not be resubmitted to the Council at any
of its following three (3) consecutive meetings.
18.3 All amendments to
Figure Skating regulations specified by the ISU
shall be automatically accepted and applied without
reservation and shall come into force with effect
from the date specified by the ISU.
18.4 It shall be the
responsibility of the Executive, in terms of the
national body, and a provincial committee, in terms
of provincial bodies, to ensure that the most recent
Constitution and Rules and Regulations thereof are
issued to all organisations to which the national
body or a provincial committee has affiliated, and
that such organisations are in receipt of the latest
version at all times.
19.
TELEVISION ARRANGEMENTS FOR ISU AND SAFSA EVENTS.
19.1 Television
Coverage, Arrangements and Rights for ISU Events.
All arrangements for television coverage of ISU
Championships in Figure Skating, as well, as for any
other ISU Events held in South Africa, shall be made
solely by the ISU with the television authorities
concerned, except for the television rights for the
broadcasting in South Africa of the individual event
which remains with SAFSA.
19.2 Television
Coverage, Arrangements and Rights for SAFSA Events.
All arrangements for television coverage of SAFSA
Championships in Figure Skating, as well, as for any
other SAFSA Events, shall be made solely by SAFSA
with the television authorities concerned, subject
to Clauses 19.5 and 19.6, except for the television
rights for the broadcasting in the Provincial
jurisdiction as defined in Clause 7 of the
Provincial Committees' Constitution which remains
with the Provincial Committee concerned organising
the Event.
19.3 Description of
Television Coverage.
Television coverage includes television exhibition
rights of every kind and description, including,
without limitation, live and re-broadcast
exhibitions in all forms of television now known or
hereafter devised, video cassettes, compact discs
and computers. Such television exhibition rights
shall include the incidental right to authorise the
use of footage from such ISU or SAFSA Events by the
ISU or SAFSA, respectively, for the promotion of
other ISU/SAFSA Events and activities, and for the
general advancement of the image and popularity of
figure Skating sports.
19.4 Ice Rinks
Hosting Events.
SAFSA and the organisers of any ISU Event held in
South Africa shall be responsible that the ice rink
where the Event is held will be free of any
television or film cameras (except those licensed
and authorised by the ISU for ISU Events and SAFSA
for SAFSA Events) and free of any advertisements
within the view of the spectators watching the
Event.
19.5 Negotiations for
Television Coverage.
The SAFSA Council may delegate the responsibility
for the actual negotiations for television coverage
to a Provincial Committee, person or company, as its
agent, but shall retain the right of final approval
of the arrangements made.
19.6 Co-operation
with Provincial Committees.
Arrangements for television coverage made after the
allocation of a SAFSA Championship or other event to
a Provincial Committee shall be made in co-operation
with such Provincial Committee.
19.7 Authorised
Television and Media Coverage.
Only television and media coverage as authorised by
Clause 19 shall be allowed. Any other television,
video or film coverage is strictly prohibited except
with express written permission of SAFSA for any
SAFSA Event and the ISU for all ISU Events.
20.1 Indemnity of
Officers.
The Council, including office bearers, Provincial
Committee Members and any Officials of SAFSA are
hereby indemnified out of and from the funds and
property of SAFSA from and against all losses,
charges, costs, damages and other expenses and
liabilities they may incur or be put to concerning
or in or about the execution of their respective
duties as officers of SAFSA. None of them shall be
held answerable for any act or default of one or the
other of them, or for deficiency or insufficiency of
any title or security, nor shall they be liable for
any loss occasioned or misfortune or damage which
may happen or take place in the execution of their
respective offices, or as a result thereof, provided
however, that any such loss, misfortune, or damage
was not occasioned by the male fide acts of such
officer or through his wilful default.
20.2 Winding up or
Dissolution.
SAFSA may only be wound up or dissolved if at least
two-thirds of all council members present and voting
at a meeting convened for the purpose of considering
such a matter are in favour of closing down. Each
voting council member in favour of closing down must
receive this mandate from his/her Provincial or
Standing Committee (NJTC and SAPSU) members, who
must also have at least a two-thirds majority of all
Provincial or Standing Committee members present and
voting at a meeting convened for the purpose of
considering such a matter in favour of closing down.
If upon winding up, or dissolution of SAFSA there
remains, after the satisfaction of all debts and
liabilities any property whatsoever, the same shall
not be paid or distributed among the members of
SAFSA, but shall be given or transferred to such
other Association, Club, Society, or Institution
preferably with similar objectives as may be
nominated by the Council and which are authorised to
collect contributions in terms of the Non-profit
Organisations Act No.71 of 1997 or in default of
such decision as may be decided by the Director of
Non-profit Organisations.
20.3 Construction and
Application.
The construction and application of these clauses
shall, in cases of doubt, be settled by the Council,
whose decision shall be final.
21.EFFECTIVE DATE OF CONSTITUTION
This Constitution supersedes
all previous Constitutions and came into force with
effect from 12th August 2000.
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