Fishing Club in Limpopo, South Africa

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Our Constitution

1.         POLICY

It is the policy of this Association that -

    1. Artificial lure (“Artlure”) angling should be practiced, administered and promoted on a non-racial, non-political and democratic basis; and
    2. All persons, irrespective of race, colour, creed or gender, should have the right in whatever capacity to participate, in the sport of Artlure angling; and to
    3. Further Artlure angling in the RSA; and
    4. To promote specie angling with artificial lures;
    5. To help curb pollution and water pollution in general;
    6. To assist with the active protection of all inland and coastal fish species and the diversity of aquatic ecosystems;
    7. To assist the Department of Nature Conservation and Water Affairs by providing information relating to fish catches and any other irregularities in connection with the distribution, composition and general status and health of fish species and by reporting same;
    8. To promote Artlure as a sport to previously disadvantaged individual groups and willing individuals that may have been deprived of the opportunity in the past to actively participate in the sport due to past discriminatory practices, and to obtain funding from other organisations and individuals for the purposes of reaching this goal;
    9. This policy statement is and shall form part of this Constitution.
  1.  

This Association shall in all its activities and functions, observe the principles set out above, and shall encourage all its Members, associate members, constituent elements, committees, sub-committees and sportsmen to adhere to the said principles.

This Association shall, in all its activities forbid any form of discrimination based on race, colour creed or gender.

This Association shall, encourage policies and programs aimed at redressing imbalances and at creating a non-racial, non-political and democratic dispensation, such policies and programs aimed at achieving, expeditiously, the non-racial, non-political and democratic structuring of this Association and all its constituent elements.

This Association endorses and supports Limpopo Artlure Association, SAALAA, SASACC, SASCOC and SRSA policies and priorities to get more people involved in the sport of Artlure angling both in the competitive and recreational spheres of the sport.

  1. DEFINITIONS

In this Constitution, unless the context indicates otherwise –

“Annual Report” means the Annual Reports of Office Bearers as approved on the Annual General Meeting of the Association.

“Artlure” means Artificial Lure.

Association” means Classics Limpopo Artlure Association.

 “Constitution” means the Constitution of Classics Limpopo Artlure Association .

 “EXCO” means the supreme decision making body of Classics Limpopo Artlure Association.

“FIPS ED” means Federation Internationale de la Peche Sportive – Eau Douce.

“General Meeting” means a general meeting of the Association and includes the Annual General Meeting or a Special General Meeting attended by the Executive Committee as per the quorum requirements.

"Junior" any person irrespective of gender who is 18 or younger on the first day of the National Championships.

“Majority” means fifty percent (50%) plus one (1) of the Members of Classics Artlure Association  EXCO entitled to vote; except where a two thirds majority is required

“Rules and Regulations” means Rules and Regulations Governing Artificial Lure Angling in South Africa voted in by the EXCO at a General Meeting in terms of the Constitution, and includes Angling Rules;

“SAALAA” means the South African Artificial Lure Angling Association;

“SASACC” means the South African Sports Anglers and Casting Confederation;

SASCOC” means South African Sports Confederation and Olympic Committee;

"Seniors", any person 19 and older irrespective of gender;

    1. Any word importing one gender includes the other;
    2. Section and paragraph headings are for purposes of reference only and should not be used in interpretation.
  1. NAME

     The name of the Association is and shall be the Classics Limpopo Artlure Association.

  1. OBJECTIVES OF THE ASSOCIATION
    1. To act as controlling and coordinating body regarding cooperation, negotiations and putting into operation, wherever possible, the constitution of the Association, the rules, regulations, directives and priorities of governmental authorities.
    2. To promote, protect and sustain utilisation of Artlure angling resources in South Africa, according to the laws of the Republic.
    3. To adopt and enact such measures which, in the opinion of the Association will foster, promote, regulate and encourage Artlure angling amongst all persons, irrespective of race, colour, creed or gender, and to eliminate any discrimination and inequality amongst participants and administrators alike.
    4. To encourage its Members to adhere to any program of development and transformation as laid  down by SAALAA, SASACC or SASCOC
    5. To prohibit any action which, in the sole opinion of the Association, incites or may incite racial, ethnic, religious, linguistic or political hatred, or provokes or may provoke violence, or insults, degrades or defames or may insult, degrade or defame, or encourages or may encourage abuse of any racial, ethnic, religious, linguistic, gender or political group.
    6. To obtain such funds, to accrue such assets and to undertake such liabilities as may be deemed expedient by the Association, pursuant to the Constitution and for these purposes to enter into such contracts, deeds and agreements as may be deemed necessary.
    7. Create a fair, non-discriminative basis for a competitive angling environment
    8. o conserve and promote sportsmanship in Artificial Lure Angling and to oppose any unsporting or illegal angling techniques.
    9. The activities of the Association shall be limited to angling in fresh water, estuaries, lagoons, tidal estuaries and shore angling.
    10. To encourage members participation in National and International Artlure Angling tournaments in the Republic and elsewhere.
  2. LIMITATIONS

The income and property of the Association, howsoever derived, shall be applied solely towards the promotion of the objectives of the Association as set forth in the Constitution. No portion thereof shall be paid or transferred, directly or indirectly, by way of a bonus or profit or otherwise, to any individual person except as remuneration for services rendered or expenses incurred by a member or office bearer of the Association.

  1. HEAD OFFICE AND POSTAL ADDRESS

The Address at which the head office is situated shall be that of the Honorary Secretary. The postal address shall be decided upon at the Annual General Meeting.

  1. AFFILIATIONS
    1. Affiliations to National Controlling Bodies
      1. To acknowledge that SAALAA is the only recognised authority for the administration and control of the Artificial Lure Angling code of sport in the Republic by the relevant National controlling bodies. 
    2. Affiliations to Governing Sport Bodies
      1. This Association shall affiliate to SAALAA, SASACC and any other sport governing and controlling bodies prescribed by the National Sport and Recreation Act, including all Provincial Sport Councils, and other sport bodies as required by law.
      2. Affiliation to SASACC implies that this Association wherever possible shall adhere to all Rules and Regulations as set out by SAALAA, the National Sport and Recreation Act and in the SASCOC Memorandum of Association and SASCOC Articles of Association.
  2. POWERS OF THE ASSOCIATION
    1. The Association is a legal persona, it exists autonomously and independently from its members and office bearers, is entitled to own property, and to conclude legal transactions and enter into legal actions.
    2. The Association will continue to exist independently of changes in its membership or office bearers.
    3. The Association has the power to act and be acted against in its own name and sue or be sued in its own name.
    4. To buy, sell, hire, let, legally obtain, own, donate, mortgage or in any other legal manner deal with movable and immovable property of rights and title herein or thereon, in the name of the Association and for the realisation of its objectives.
    5. To invest monies and funds of the Association in South Africa at the discretion of the EXCO and to draw, to accept and to issue cheques, issue debentures and borrow monies against such security as may be determined and or require in the execution of its objectives.
    6. To make by-laws, rules and regulations in relation to the Association and the conditions under which the Artificial Lure Angling sport is conducted, to annul or vary any bye-laws,  rules  or  regulations  so  made,  and  to  bind  its  Members to all by-laws, rules and regulations so made and for the time being in force.
  3. OFFICIAL LANGUAGE

The official language of the Association in the case of any dispute will be English.

  1. FINANCIAL YEAR

The financial year of the Association shall be from 1 January to 31 December of the same year.

  1. SUBORDINATE STATUS OF MEMBERS
    1. Members of the Association shall be subordinate to SAALAA.
  2. GOVERNING BODIES OF THE ASSOCIATION
    1. The EXCO shall be the supreme decisionmaking body of the Association.
      1. The EXCO of the Association
        1. Chairman
        2. Vice Chairman
        3. Secretary
        4. Treasurer
        5. Any member of the Executive co-opted to serve on the Action Committee

 

      1. Additional Committee Members
        1. Records Officer
        2. Safety Officer
        3. Public Relations Officer
        4. Juniors Convenor
        5. Development Officer
    1. The EXCO shall act as the management body of the Association at all times except at Annual General Meetings or Special General Meetings.
    2. EXCO shall act for and on behalf of the Association in all matters that need attention. EXCO decisions shall be submitted to the next General Meeting for confirmation and approval. Specific powers may be delegated by the General Meeting to the EXCO in addition to the general powers and authorization herein conferred on the EXCO.
  1. VOTING RIGHTS AT GENERAL MEETINGS
    1. Each member in good standing shall have one vote at any General Meeting of the Association.  In the case of an equal vote, the Chairperson shall have a casting vote.
    2. The election of members of the EXCO and the approval of resolutions at meetings shall be by way of a simple majority.  A two-third majority shall be required if amendments to the Constitution are put to the vote.
  2. ELECTION OF EXECUTIVE
    1. The Executive committee -
      1. Persons must be nominated in writing.
      2. Members must submit nominations on the prescribed form to the Secretary of the Association at least thirty (30) days prior to the date of the Annual General Meeting.
      3. Candidates may be nominated for more than one office.
      4. The Secretary shall send a list of the nominations with the agenda and other meeting documents at least twenty one (21) days prior to the date of the   Annual General Meeting to all Members, and persons entitled to attend such meeting.
      5. If a nominee receives two or more nominations, the nominee is fairly and duly proposed and seconded. If only one nomination was received, the nominee must still be duly seconded at the Annual General Meeting. If no nominations were received for office, nominations and a second must be obtained from the floor at the Annual General Meeting.
      6. For the purpose of election the Association Office Bearers are split into two groups and elected bi-annually as indicated in the table below:

 

Group

Position

Up for Election in

1

Chairman

Year 1

1

Treasurer

Year 1

1

Records Officer

Year 1

1

Safety Officer

Year 1

1

Public Relations Officer

Year 1

1

Development Officer

Year 1

       2

Vice Chairman

Year 2

2

Secretary

Year 2

2

Junior Convenor

Year 2

      1. For the purpose of the election in the event of the nomination of two persons for the same Office, voting shall be by secret ballot and each person mandated to vote shall be required to exercise such vote.
      2. At the conclusion of the meeting, all elected members shall immediately take office and constitute the Executive.
      3. Should the office of any office bearer on the Executive become vacant, the remaining members of the EXCO shall have the power to co-opt a member in his place until the next Annual General Meeting. Should the office of the Chairman become vacant the Vice-Chairman shall act as Chairman, until the next Annual General Meeting.
      4. Each Member must submit nominations of the delegates attending to the Secretary of the Association at least seven (7) days prior to the date of the Annual General Meeting.
      5. If a member of the EXCO fails to attend two consecutive General Meetings without an acceptable apology or neglects to fulfil his duties, the EXCO will co-opt another person to take such office bearer’s place.
  1. GENERAL MEETINGS
    1. Annual General Meetings
      1. Members of the EXCO shall be obliged to attend Annual General Meetings of this Association.
      2. Annual General Meetings shall be held at such time and place, as the EXCO shall determine but not later than nine months after the year-end. The Secretary shall by electronic mail, give all Association members l entitled to attend the Annual General Meeting at least Forty (40) days advance notice of the Annual General Meeting.
      3. Motions for discussion, proposed amendments to the Constitution, Regulations and Annexures, Financial report, Executive and Provincial reports for the Annual General Meeting shall be submitted to the Secretary in writing personally  and/or electronic mail, not less than Thirty (30) days prior to the date of such meeting.
      4. If the date of an Annual General Meeting is not pre-determined a sixty (60) day written preliminary notice of the Annual General Meeting shall be given by the Secretary, requesting Members to forward motions, discussion points, nominations and reports not less than Thirty (30) days prior to the meeting.
      5. The following information and documents shall accompany the notice of the Annual or Special General meeting:
        1. The place, date and time of the meeting
        2. Nomination forms
        3. Request for annual reports
        4. Request for Motions
      6. The following information and documents will be sent out to the Provincial Members twenty one (21) days prior to the Annual General Meeting:
        1. Agenda of the meeting
        2. Copies of the Minutes of the preceding Annual General Meeting
        3. Copies of Minutes of any other General Meetings of the Association held since
        4. Copies of the Annual Reports
        5. Copies of the audited or certified financial statements
        6. Particulars of motions submitted
        7. A list containing nominations received for office bearers on the Executive
        8. List of decisions taken by the EXCO since the previous General Meeting
      7. The term of the notice shall be exclusive of the day on which the notice is posted, and inclusive of the day on which the Annual General Meeting is to be held
    2. Special general meetings
      1. Written notice of the Special General Meeting shall specify the place, the date, the hour of the meeting and the general nature of such meeting. The Secretary shall circulate the agenda to all Members, EXCO Members and persons entitled to attend General Meetings   by electronic mail not less than thirty (30) days prior to the Special General Meeting.
      2. The business to be transacted at any Special General Meeting shall be that set out in the notice of the meeting.
    3. Proceedings at general meetings
      1. The Chairman, or in his absence, the Vice Chairman shall preside as Chairperson at any General Meeting of the Association, or if any of them shall not be present within fifteen (15) minutes of the time appointed for the meeting, or is unwilling to act as such, the representatives present, shall elect a Chairperson from amongst their midst.
      2. Any resolution tabled at a General Meeting shall require both a proposer and a seconder.
      3. At any General Meeting, a resolution put to the vote shall be decided on a show of hands unless a poll is requested by the Chairperson or by a majority of votes. If a poll is requested, the Chairperson shall be entitled to appoint scrutinisers. The result of a poll shall be deemed to be the resolution of the meeting.
      4. For the purpose of the election of the EXCO, no voting will be done by a show of hands. Voting shall be by secret ballot and each person mandated to vote shall be required to exercise such vote.
      5. In the case of a tie, whether by a show of hands or on a poll, the Chairperson of the meeting shall have a casting vote. However, no casting vote will be available at the election of members of the EXCO.
      6. Any objection to the admissibility of a vote by a show of hands or by a poll shall be raised at the General Meeting. That objection shall be determined by the Chairperson of that General Meeting and his decision shall be final and binding.
    4. Quorum at general meetings
      1. Accredited delegates of at least 60% of the members entitled to vote shall form a quorum at any General Meeting.
      2. If within sixty (60) minutes after the starting time of the meeting, a quorum is not present, the meeting shall stand adjourned to such other time and place as the persons present on the meeting may determined. If at the adjourned meeting a quorum is not present, the persons present and entitled to vote thereat, shall constitute a quorum.
    5. General meetings adjourned
      1. The Chairperson may, with the consent of any General Meeting of the Association at which a quorum is present, adjourn the meeting from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
      2. When an Annual General Meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of the original meeting.
    6. Minutes
      1. The EXCO shall cause a record to be made of all resolutions of the Association proposed and passed at General Meetings.
      2. Detailed minutes must be kept of all General Meetings. After approval of the previous minutes by the General Meeting, the Chairperson and Secretary of the EXCO must sign the minutes.
      3. A copy of the minutes of the meeting after approval from the EXCO must be sent out to the Members not later than Thirty (30) days after the meeting.
    7. Resolutions in writing
      1. A Resolution in Writing, signed by two thirds of persons being entitled to receive notice of and to attend and vote at General Meetings of the Association, shall be as valid and effective as if the same had been passed at a General Meeting of the Association duly convened and held.
      2. The process for a Resolution in Writing will entail notice being issued to all persons eligible to vote.  The notice will be dated and numbered with the name of the proposer, the proposal and a motivation for the proposal.
      3. All persons entitled to vote shall vote, sign and return the signed Written Resolution to the Secretary within the given time limit
    8. Functions of the EXCO

The EXCO may:-

      1. Delegate any of its powers and functions to any other Committee Members and, for that purpose, co-opt persons as deemed necessary;
      2. Suspend, define and terminate the membership of any individual affiliated and/or to suspend Members who infringe the Constitution, the Rules, the Regulations, directives or resolutions of the Association or engages in any act of misconduct, improper practices, misdemeanour, acts of defiance, or brings the Association into disrepute;
      3. Attend conferences, meetings and symposiums of SAALAA, SASACC and Governmental Sport Controlling bodies where applicable;
      4. Approve the Association budget and control of monies in terms thereof;
      5. Meet as often as the Chairperson  may deem necessary, but at least once a year;
      6. Ensure that proper financial records and annual financial statements of the affairs of Association are maintained and are made available for perusal and approved by Members;
      7. Receive, invest and apply funds for the execution of the Association’s functions; and
      8. Determine dates and venues of meetings.
  1. RESPONSIBILITIES OF THE ASSOCIATION  WITH REGARDS TO THE SPORT AND RECREATION ACT.
    1. Development programmes:
      1. The Association should  attempt to implement development programs with special emphasis on the development of sports or recreational activities at club level in accordance with service level agreements entered into with Sport and Recreation South Africa.
      2. The Association should attempt to include disadvantaged groups, particularly women and people with disabilities in the development and inclusion programmes
  2. SAFETY ISSUES

The Association must assume full responsibility for the safety issues.  

  1. ENVIRONMENT
    1. The Association must conduct activities in such a way that the environment is not adversely affected and lay down guidelines, which are aimed at the protection of the environment.
  2. FUNDING OF THE ASSOCIATION
    1. Funding shall be obtained from all possible sources open to the Association and these shall include the public and private sectors.
    2. The Association must pay affiliation fees annually but not later than the 30 June of each year.
    3. The Association shall prepare a budget for the Annual General Meeting.
  3. FINANCE
    1. The Association shall be conducted on a non-profit basis.
    2. The Association must keep a register of all movable and immovable assets that it owns. Members or office bearers of the Association do not have rights over assets that belong to the Association.
    3. The EXCO shall open and maintain a bank account for the Association. The signatories of the Association shall be any two (2) duly authorized persons appointed by the EXCO
    4.  All financial transactions must be reflected in the Association’s bank account.
    5.  An auditor's opinion must be expressed on the financial statements and his opinion must cover all the pages of the financial statement.
    6. The EXCO shall appoint honorary auditors. The said honorary auditors shall audit the books of the Association and confirm the correctness thereof.
    7. The Association’s financial records shall be kept at the office or such other place or places as the EXCO thinks fit. The records shall be open to inspection by the EXCO
    8. A copy of any annual audited financial statements, which are to be laid before the Association at the Annual General Meeting shall, not less than twenty-one (21) days before the date of that meeting, be sent to all persons entitled to attend the Annual General Meeting. The balance sheet and income/expenditure statement shall accompany the notice of the Annual General Meeting.
    9. The Association’s financial statements must be approved and signed on the Annual General Meeting and should carry the signature of the Chairman and Treasurer
  4. AMENDMENTS TO THE CONSTITUTION
    1. Amendments to the Constitution of the Association may only be made at an Annual General Meeting or at a Special General Meeting convened for such purpose.
    2. Notice of the intention to amend, rescind or add to the Constitution must be given by  Members to the Secretary in writing, not later than forty-five (45)days prior to the date fixed for such meeting.
    3. The Secretary shall in turn give written notice of the intended amendment, rescission or addition to all  Members and to all the persons entitled to notice and to attend such meeting and vote thereat, at least thirty (30) days prior to the date of the relevant meeting.
    4. To be effective, any amendment, rescission or addition to the Constitution, shall require the support of at least two-thirds of all persons present and entitled to vote, at the meeting concerned.
  5. RULES AND REGULATIONS
    1. The Rules and Regulations may be amended by a simple majority at any General Meeting.
    2. Notice of the intention to amend, rescind or add to the Rules and Regulations must be given by  Members to the Secretary in writing, not later than Thirty (30) days prior to the date fixed for such meeting.
    3. The Secretary shall in turn give written notice of the intended amendment; rescission or addition to all  Members and to all the persons entitled to notice and to attend such meeting and vote thereat, at least twenty-one (21) days prior to the date of the relevant meeting.
  6. RECORDS
    1. Applications for records shall be done in accordance with the prescribed Regulation.
    2. The Records Officer shall keep a register of record catches.
    3. Record catches shall comply with the Rules of the Association.
  7. DISPUTE PREVENTION AND RESOLUTION
    1. This Association and/or any Member and/or any individual falling under the jurisdiction of the Association shall ensure that any internal dispute that it has is resolved in accordance with the Dispute Prevention and Resolution Procedures as prescribed.
    2. Where no specific dispute prevention or resolution procedure is set out in the Constitution, Rules or Regulations, disputes shall be resolved by arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (AFSA) or its successor The decision of the arbitrator shall be final and binding on all parties, in all manners whatsoever.
    3. No Provincial Member and/or any individual may take a dispute to the press, media or internet before all possible avenues of resolving the dispute were taken.
  8. MISCONDUCT  

Misconduct by any member falling under the jurisdiction of the Association will be conducted according to the Misconduct Rules as prescribed.  

  1. ANTI-DOPING
      1. The Association and its Members agree to comply, be bound by and to ensure that their members comply with the World Anti-Doping Code and World Anti-Doping Program. The purpose of the World Anti-Doping Code  is  to protect the Athletes' fundamental right to participate in doping-free sport and thus promote health, fairness and equality for Athletes worldwide, and
  2. INTERPRETATION

The interpretation of this Constitution and all Rules and Regulations made there under shall rest entirely with the EXCO, whose interpretation shall be final and binding on all Members.  

  1. ITEMS NOT COVERED IN THIS CONSTITUTION

Subject to the Constitution of the Republic, should this Constitution be silent on any matter or matters that may arise, the EXCO shall give a ruling on such matter or matters, which shall be binding.   Should this decision require a vote then voting must be conducted in terms the Constitution.

  1.  DISSOLUTION
    1. The Association may be dissolved by a resolution passed at a Special General Meeting called for that purpose, provided that such resolution is passed by a majority of two thirds of the members present and entitled to vote at such a meeting.
    2. In the event of closing down or being wound up or dissolved, then all assets of the Association of whatsoever nature and where situated, after paying off all its debts, shall not be distributed amongst the  Members and or any member of the EXCO, but shall be held in trust.
    3. The Association may not give any of its money or property to its members, member bodies or office bearers. The only time that it can do this is when it pays for work that a Member or office bearer has done for the Association. The payment must be reasonable and proportionate to the work that has been done. Members or office bearers may however claim money back from the Association for expenses paid for or on behalf of the Association.