WPHU – Constitution

1. Name
2. Preamble
3. Principles
4. Interpretation
5. Aims and Objects
6. Area of Operation
7. Membership
8. Application for Membership
9. Organisation
10. Council
11. Executive Committee
12. Headquarters
13. Annual General Meeting
14. Special General Meeting
15. Nomination & Election – The Executive Committee
1. Nominations
2. Balloting
3. Term
4. Vacancies
16. Nomination & Election – Honorary Members
17. Registration
18. Voting
1. Council, Annual & Special General Meetings
2. Meetings of the Executive Committee
19. Quorums
20. Finance
1. Fees
2. Financial Year
3. Accounts
4. Bank Account
5. Fund-Raising
21. Amendments to the Constitution
22. Amateur Status
23. Colours and Badges
24. Misconduct and Discipline
25. Dispute Resolution
26. Indemnity
27. Public Statements
28. Minutes of Meetings
29. Auditors
30. Dissolution of the Association
31. Separate Identity of the Association
32. Application of the Association's Funds
33. Restriction on Powers of Members

 

NAME

1. The body shall be called the Western Province Hockey Union (the "Union" in its shortened form).

 

PREAMBLE

2. The Union was formed in 1992 when the following associations unified:
   • Western Province Hockey Association (Established 1902)
   • Western Province Ladies Hockey Union (Established 1907)
   • Western Province Men's Hockey Union (Established 1962)
   • S. A. Men's Hockey Congress: Western Cape (Established 1992)
   • S. A. Women's Hockey Congress: Western Cape (Established 1992)

 

PRINCIPLES

3. Recognising the need to move away from the injustices of the past and to unite their membership, the parties to the unity process in Western Province Hockey (the Signatories, as defined in par 6) committed themselves to the establishment of a Union that would serve to:
   • Enshrine principles of equality, accountability, mutual respect and recognition;
   • Embody democratic, non-racial and non-sexist policies and practices;
   • Create opportunities for participation without distinction based on colour, race, creed, religion or gender;
   • Redress historical disparities to allow all to participate and compete equally and specifically address the needs of historically disadvantaged communities through affirmative action; and
   • Act with general unity of purpose
4. These principles underpin the aims, objects and operations of the Union.

 

INTERPRETATION

5. Unless the context otherwise requires, the following words and expressions have the meanings set out hereunder.
   • "Hockey" embraces field and indoor hockey.
   • "Founder Associations" as listed in par 1 a-e
   • "Affiliate Members" shall mean a representative from each club affiliated to the WPHU, hereinafter referred to as "members:"
6. "Associate Members":
   • Western Province Schools Hockey (WPSHOC);
   • The Western Province Masters' Association
   • The Western Province Umpires' Association
7. "Membership" means collectively the Members, the Affiliate Members, the Associate Members, the officers of the Executive Committee, the Honorary Life Presidents and Honorary Life Members.
8. "Simple majority" means the majority of votes cast.
9. "Absolute majority" means more than half of those present and entitled to vote.
10. "Special majority" means more than two-thirds (or sixty seven percent) of those present and entitled to vote.
11. "Representative" or "Inclusive" means representative and inclusive of all peoples of the province and constituents of the Union.
12. "Equity requirements" embrace the concepts or principles of representivity and inclusivity.
13. "Office" means the registered office or headquarters of the Union as defined in par 1.
14. The term "Western Province" where used in this constitution shall mean the geographical boundaries of the Union as defined by The South African Hockey Association.
15. Words and expressions importing one gender shall include the other gender.

 

AIMS AND OBJECTS

16. The main objects of the Union are the administration, development, co-ordination and promotion of hockey in which participants take part on a non-professional basis as a pastime.
17. To promote, advance, administer, co-ordinate and generally encourage the game of Hockey in the Western Province and be affiliated to and play in accordance with the Constitution, ByeLaws and rulings of the South African Hockey Association.
18. To govern and to make, alter, repeal and enforce laws, rules, policies and regulations for Hockey under the jurisdiction of the Union as required.
19. To do all things that may be directly or indirectly conducive of these objectives with particular reference to the stated vision for the transformation of Western Province Hockey and equal opportunity for all members and their players.
20. To formulate, control and amend the conditions under which competitions are contested.
21. To settle disputes arising between Members or Associate Members or bodies connected directly or indirectly with Hockey within the jurisdiction of the Union.
22. To encourage participation, development and transformation (through access, equity and affirmative action measures) and to actively implement sustainable programs to:
    • Promote the development of playing facilities and the provision of equipment;
    • Provide opportunities for players to improve their performance levels;
    • Train leaders, administrators, coaches, umpires and technical officials with the objective of ensuring that resources are accessible to all participants in Hockey on an equal basis.
    • To establish and maintain an efficient administration that is accountable and transparent in its actions.
    • To preserve the independence and autonomy of the Union subject to the Constitution of the South African Hockey Association.

 

AREA OF OPERATION

23. As required in terms of the Fund-Raising Act of 1978 (as amended by the Nonprofit Organisations Act of 1997 and the Income Tax Act), the area in which contributions may be collected and in which services may be rendered, shall be the Western Province.

 

MEMBERSHIP

24. Membership of the Union shall comprise as listed in par 7.
25. The geographical boundaries of the Members shall be defined in the ByeLaws of the Union.
26. In the event of a Member being incorporated into the geographical boundaries of another Member, then the Member being so incorporated shall cease to exist with effect from the date of incorporation and its name shall be removed from the list of Members set out in par 7.

 

APPLICATION FOR MEMBERSHIP

27. All applications for affiliations under par 24 shall be submitted to the Annual General Meeting or a Special General Meeting of the Union with an affiliation fee (per club) as determined by the Executive which shall be refunded to the club if its application is unsuccessful. Any application for affiliate membership must be accompanied by a club constitution, which shall not be at variance with the Union's Constitution. A 67% majority vote shall be required at the Annual General Meeting or Special General Meeting for the acceptance of new clubs.
28. Any new club or team entering the leagues shall start in the lowest league unless a new club or team make a submission and motivation for inclusion into a higher league to the Executive Committee who will make its recommendation to Council for a final decision.

 

ORGANISATION

29. The supreme authority of the Union shall be the collective Membership assembled in duly constituted meetings.
30. The legislative and administrative power of the Association shall be vested in the Annual (or Special) General Meeting, the Council and the Executive Committee subject to such limits of authority specified in the Constitution.

 

COUNCIL

31. Council shall comprise:
    • The Executive Committee,
    • The Member's, each represented by one or two persons;
    • The Associate Member's, each represented by one or two persons.
32. Council shall meet at least four times per annum.

 

EXECUTIVE COMMITTEE

33. The Executive Committee shall be responsible and accountable to the Membership and shall effect and implement the policies of the Association as determined by the Membership in duly constituted meetings.
34. Provided the Executive Committee shall be managed by at least ten persons who shall accept the fiduciary responsibility of the Union and no single person may directly or indirectly control the decision-making powers relating to the Union.
    • The President;
    • Vice-Presidents;
    • The Honorary Treasurer; and
    • Additional Members as required
35. Nominations and elections shall be conducted in terms of the procedures set out in par 76 to 78.
36. Subject to the approval of the Executive Committee, the President shall have the right to co-opt any other person or persons to assist the Executive Committee in the execution of specific duties. Such person or persons shall be required to attend meetings of the Executive Committee for the specific business for which he or she was co-opted.
37. The Executive Committee shall meet not less than 6 (six) times per annum or whenever the President deems it necessary and shall report to the Membership and Council on any material matters arising from its meetings.
38. Duly authorised officers of Members, the Affiliate Members (i.e. the Presidents or Chairpersons of Clubs and Affiliates) and the Associate Members shall have the right to attend, but may not vote at meetings of the Executive Committee on a rotational basis to be agreed by the Committee.
39. Members affiliated under par 24-26 may attend Executive Committee meetings with the proviso that the matter they specifically desire to discuss at the meeting, should be forwarded to the Hockey Office in writing at least seven days prior to such meeting or they are granted special dispensation to do so by the President. (Brought in from our ByeLaws so as to allow special attendance when matters need to be raised)
40. The powers, duties and operations of the Executive Committee shall be as defined in par 23 to 110 of the ByeLaws.
41. The Committee shall be responsible for the day-to-day operations of the Association necessary to implement the directives of the Council and the Executive Board and shall ensure that the ongoing activities of the Association are carried out.
42. The President shall chair meetings of the Committee. In his or her absence, a Vice-President shall assume such duty. Failing them, the members present shall elect a Chairperson for that meeting.

 

HEADQUARTERS

43. The registered office of the Association shall be located in Cape Town.

 

ANNUAL GENERAL MEETING OF THE UNION

44. It shall be incumbent upon the Executive Committee to ensure that an Annual General Meeting of the Membership is held no later than 31 December.
45. Notice of such meeting shall be posted not later than 21 (twenty-one) days prior to the date of such meeting, to the Honorary Life Presidents and Honorary Life Members of the Union, the members of the Executive Committee, the Members, the Affiliate Members and such other persons entitled to receive notice. The notice shall be accompanied by an agenda of business to be conducted at the meeting, minutes of the previous Annual General Meeting and one copy of the annual financial statements for the year ended 30 April of that year.
46. This Meeting shall be open for attendance to any interested parties, but voting will be restricted in accordance with par 29 to 30.
47. The President, or in his or her absence, the Vice-Presidents, and failing them any other member of the Executive Committee, shall serve as Chairperson at Annual General Meetings.
48. The agenda for the Annual General Meeting shall be as follows:
    • Presentation and approval of credentials;
    • Approval of the notice of meeting;
    • Apologies;
    • Ratification of the minutes of the previous Annual General Meeting and any Special General Meetings;
    • Matters arising from the minutes of the previous Annual General Meeting and any Special General Meetings;
    • To receive from the President the Annual Report on the activities of the Portfolio Convenors and the Union for the period under review;
    • Matters arising from the Annual Report;
    • To receive, consider and approve the audited annual financial statements for the year ended 30 April of that year;
    • Finance - the appointment of an Auditor for the ensuing year.
    • Election of delegates to SAHA Council and Annual General or Special General Meetings.
    • To elect Honorary Life Presidents and Honorary Life Members;
    • To elect members of the Executive Committee;
    • The election of four persons to the Appointments Board. The elected element of the board to consist of two men and two women;
    • To receive a mandate from Council to act and vote on behalf of the Union at the SAHA year end Council meeting and Annual General Meeting.
    • To consider any proposals from the Members and/or the Affiliate Members which the office has received in time for inclusion on the agenda;
    • To consider any other business set down for discussion at the Annual General Meeting.
49. Attendance at the Annual General Meeting shall be open for attendance to all members and to any interested parties but voting will be restricted in accordance with par 29-30.
50. The Members and the Associate Members may send two delegates, provided that:
51. The names and credentials of such delegates are submitted in writing to the office prior to the meeting.

 

SPECIAL GENERAL MEETING

52. The President, upon a written notice made by the Members and/or Associate Members representing a total of not less than 25% (twenty five percent) of the votes of the Members and Associate Members, shall convene a Special General Meeting. The agenda shall express the purpose of the meeting to be called and no business other than that which is specified shall be transacted at the Special General Meeting.
53. Notice of a Special General Meeting shall be posted not later than 21 (twenty-one) days prior to the date of such meeting to all persons entitled to receive notice of such meeting. The notice shall be accompanied by an agenda of business to be conducted at the Special General Meeting.
54. Attendance at Special General Meetings shall be restricted to delegates of the Members, Associate Members, the Executive Committee and any other persons who the Committee may deem fit to invite. The Members and the Associate Members may send two delegates provided that:
    • The names and credentials of such delegates are submitted in writing to the office prior to any Special General Meeting.
55. The President, or in his or her absence, the Vice-Presidents, and failing them any other member of the Executive Committee, shall serve as Chairperson at Special General Meetings.

 

NOMINATION AND ELECTION – THE EXECUTIVE COMMITTEE

Nominations

56. The officers of the Executive Committee shall be nominated and elected annually at the Annual General Meeting of the Union as required in terms of the provisions of this clause and succeeding sub-clauses.
57. Annually or as required, the Members and the Associate Members shall be entitled to nominate persons for election as officers as set out in par 32. The nominations must be received by the office not less than 14 (fourteen) days before the Annual General Meeting and must be accompanied by the written acceptance of the nominee. All incumbent members of the Executive Committee shall be deemed to be available for re-election unless they formally give notice to the contrary not less than 30 (thirty) days prior to the Annual General Meeting. The office shall circulate all nominations together with the names of those office-bearers available for re-election, to the Membership not less than 10 (ten days) days prior to the Annual General Meeting.
58. No paid official of the Union shall be eligible for nomination and election as a member of the Executive Committee.
59. All members of the Executive Committee shall hold office in their personal capacity and not as representatives of any Member or Associate Member or any other organisation.
60. Nominations for Honorary Life Presidents or Honorary Life Members may be submitted by affiliated member under par 24 to 26 and the Executive. Such nominations shall be made only on the grounds of appreciation of such person's or persons' services to the game of hockey, and shall be submitted with the motivation for the nomination.

Balloting

61. The persons present and entitled to vote at the Annual General Meeting shall elect the members of the Executive Committee from amongst the eligible nominees and retiring office-bearers standing for re-election.
62. The elections shall be conducted by separate ballot for each of the positions of President, Vice-Presidents, Hon. Treasurer and the Portfolio Holders, in this order and shall require absolute majorities.
63. Of the Portfolio Holders, at least two (2) shall be women, two (2) shall be men. In the conduct of the elections for the Additional Members, the first requirement shall be to ensure that the stipulated minima are met.
64. To ensure that the Executive Committee is representative or inclusive in its composition not only with respect to gender but also in respect of race, it shall be incumbent on the Members and Associate Members in considering candidates for nomination and election to office, to recognise the requirements for equity on the Executive Committee.
65. On the first ballot for each vacancy, each of those present or represented and entitled to vote shall cast a vote and the candidate/s who receive the highest number of votes with an absolute majority shall be elected.
66. If any vacancy still remains, there shall be a second and subsequent ballots until all vacancies have been filled and, in each such ballot the number of remaining candidates shall be reduced (if necessary) by removing those receiving the least number of votes so that there are no more than twice the number of candidates as there are remaining vacancies.

Term

67. The President, Vice-Presidents and the Hon. Treasurer shall hold office for terms of two years and the number of consecutive terms they may serve in such capacities shall be limited to three.
68. The Portfolio Holders shall hold office for terms of two years and there shall be no limitation on the number of terms they may serve. They shall retire by rotation at each Annual General Meeting of the Association and shall be eligible for re-election.
69. For the purpose of introducing a system of rotational retirement at the Annual General Meeting the following provisions shall apply:
    • Those members currently in place and having served only one year of their two-year period of office, may remain in office as Portfolio Holders and the remaining positions shall be filled by nomination and ballot.
    • The office shall formally advise the Membership of the number of vacancies - which may number from two to five - and shall call for nominations accordingly.
    • In the event that the number of vacancies exceeds 2 (two), the basis for rotation shall be determined by the ballots in order to achieve the requirement that 2 (two) of the Portfolio Holders serve for 2 (two) years and 3 (three) for a period of 1 (one) year.

Vacancies

70. Subject to the Association's stated equity requirements, the following procedure shall be adopted for the replacement of elected officers of the Executive Board in the event a vacancy occurs:
    • Nominations shall be called for from the Members and the Affiliate Members and the Executive Committee shall arrange a replacement through the medium of an electronic medium ballot.
    • The candidate so elected shall hold office until the next Annual General Meeting and shall be eligible for re-election.
    • If no nominations are received by the date stipulated (which may not be less than seven (7) days from the date on which nominations are called), the Executive Committee shall have the right to fill the vacancy. The candidate so appointed shall hold office until the next Annual General Meeting and shall be eligible for re-election.
    • In special circumstances, the Membership may exercise their right to call a Special General Meeting for the purpose of electing officers to vacant positions, subject to the provisions of par 49 to 56.

 

NOMINATION AND ELECTION – HONORARY MEMBERS

71. Honorary Life Presidents and Honorary Life Members of the Founder Associations shall retain their status in the Union.
72. The persons present or represented and entitled to vote at the Annual General Meeting may elect Honorary Life Presidents and Honorary Life Members.
73. The criteria for such positions and the procedures for the nomination and election of candidates shall be as set out in par 115 to 121 of the ByeLaws.

 

REGISTRATION

74. The Members and the Affiliate Members shall maintain a register of their players and only players so registered shall be eligible to play Hockey under the auspices of such Member and Affiliate Member.
75. A schedule of names of the registered players shall be submitted by the Members and the Affiliate Members to the Hockey Office annually at a date determined by the Executive Committee and advised to the Members and the Affiliate Members.

 

VOTING

Council, Annual & Special General Meetings

76. The number of votes shall be allocated as follows:
    • Any member having 10 teams or more in the leagues, whose players have been registered with the Union, shall be entitled to 3 (three) votes;
    • Any member having fewer than ten teams but more than five teams in the leagues whose players have been registered with the Union, shall be entitled to 2 (two) votes.
    • Any member having fewer than five teams in the leagues whose members have been registered with the Union, shall be entitled to 1 (one) vote.
    • Each Associate Member shall have 1 (one) vote; and
    • Each member of the Executive Committee shall be entitled to 1 (one) vote.
    • Honorary Life Presidents shall be entitled to 1 (one) vote at the Annual General Meeting
77. The Chairperson shall direct the manner in which voting shall be conducted subject to the provisions of the Constitution and ByeLaws.
78. Alterations to the Constitution shall require a special majority at a Special General Meeting.
79. Alterations to the ByeLaws shall require a special majority of the Council.
80. The election of members of the Executive Committee, the Appointments Board and of Honorary Members, shall require absolute majorities.
81. Other decisions of the Council shall require a simple majority.
82. All proposals receiving an equal number of votes shall be deemed to have failed.
83. Proxies shall not be permitted at meetings of the Council but shall be allowed at Annual and Special General Meetings in accordance with the regulations contained in par 221 of the ByeLaws.

Meetings of the Executive Committee

84. Each member present shall be entitled to 1 (one) vote and the President shall have a casting vote in the event of an equality of votes.
85. The President, or in his or her absence, the Vice-Presidents, and failing them, the Chairperson of the meeting, shall direct the manner in which any voting shall be conducted.

 

QUORUMS

86. For meetings of the Council, a quorum shall consist of at least 50% (fifty percent) plus one of the total membership voting strength comprising the Members and Affiliate Members, provided that if such quorum is not present within 30 minutes of the time appointed for the meeting, the meeting shall stand adjourned for 24 (twenty four) hours from the appointed hour. At such adjourned meeting, the members present shall constitute a quorum
87. At Annual or Special General Meetings, a quorum shall consist of at least 50% (fifty percent) plus one of the total membership voting strength comprising the Members and the Affiliate Members present in person or represented by proxy, provided that if such quorum is not present within 30 minutes of the time appointed for the meeting, the meeting shall stand adjourned for 24 (twenty four) hours from the appointed hour. At such adjourned meeting, the members present or represented by proxy shall constitute a quorum.
88. For Executive Committee and Management Committee meetings a quorum shall consist of 50% (fifty percent) of the members plus one, provided that if such quorum is not present within one 30 minutes of the appointed time for the meeting, the meeting shall stand adjourned for twenty-four hours from the appointed hour and each member shall be notified thereof. At such adjourned meeting, the members present shall constitute a quorum.

 

FINANCE

Fees

89. Each Member and Affiliate Member shall pay an annual subscription to the Union as determined by the Council annually at its February Council meeting.
90. On the recommendation of the Executive Committee the Council shall have the power to impose an affiliation fee on each registered player, or a capitation fee for each player and may at its discretion impose a different fee for male and female clubs and teams or for junior players or for new teams and clubs.

Financial Year

91. The financial year-end of the Association shall be 31 March each year.

Accounts

92. The Executive Board shall be accountable for the keeping of proper books of account and records of income and expenditure of the Union and shall at the close of each financial year cause to be prepared and audited Annual Financial Statements for that year which shall be received, considered and approved at the Annual General Meeting of the Association.
93. The Annual Financial Statements shall be submitted to the Union's Auditors for audit and copies of the audited statements shall be circulated to all persons entitled to receive such statements.
94. On approval, a signed audited copy of the Annual Financial Statements shall be affixed in the Minute Book of the Union.

Bank Account

95. The Bank Accounts: The Union's financial transactions shall be conducted by means of a banking Account. Payments shall be authorised by any 2 (two) authorised signatories of the Union as determined by the Executive Committee.

Fund-Raising

96. Should the services of a fund-raiser be made use of for the collection of contributions, the expenses (including remuneration and/or commission) may not exceed 25% (twenty five percent) of the total proceeds of the collection.

 

AMENDMENTS TO THE CONSTITUTION

97. The Constitution of the Union shall not be altered except at a Special General Meeting called for the purpose, and no alteration shall be made to the Constitution unless supported by a special majority of not less than 67% (sixty seven percent) of the total votes of those present or represented and eligible to vote.
98. Notice of the intention to amend, rescind or add any article or provision of the Constitution shall be given to the office which shall within 14 (fourteen) days of receipt of such notice call the meeting by a notice posted not less than 21 (twenty-one) days prior to the date of the meeting to those entitled to receive such notice.
99. All amendments to the Constitution which relate to the distribution and/or allocation of any accumulated financial surplus must be submitted to and approved by the Commissioner of the South African Revenue Services and the Director of Non-Profit Organisations.

 

AMATEUR STATUS

100. The amateur status or otherwise of individuals shall be governed mutatis mutandis by the provisions relating thereto contained in the Statutes of World Hockey.

 

COLOURS AND BADGES

101. The official playing colours of the Union (i.e. shirts, shorts, skirts, socks) shall be royal blue, white and red.
102. The colour of the official blazer and tracksuit of the Union shall be navy blue.
103. BADGES: Senior Provincial Teams: The official badge shall have the Western Province Disa with two crossed hockey sticks as its emblem. The name "Western Province Hockey" shall appear below the badge.
104. Other representative teams and accompanying umpires of the Union shall wear the same badge with a single hockey stick and which will have an inscription underneath to specifically identify the team (e.g. Western Province U21, W. P. Country Districts, etc).
105. The tie of the Union shall have the same emblem as on the badge.
106. Colours (i.e. badge and tie) shall only be presented to players and umpires representing the Union at Inter-Provincial tournaments or against an accredited, official touring International Team, or after representing the Union in five Inter-Provincial matches. The Manager, Coach and other team Officials of any active side representing the Union shall be entitled to colours with the badge having the same criteria as the players. Only umpires officiating at the senior "A" section interprovincial tournament shall be entitled to the same badge as senior provincial players, whilst managers and coaches shall be entitled to the same badge as the team they accompany, but the badge shall have the word Manager, Coach, Umpire, or other designation inscribed underneath.
107. Western Province colours may be awarded to sports administrators for services rendered to Western Province Hockey over a minimum uninterrupted period of seven years. Such a person receives a Western Province badge with the words "PRO MERITO" appearing on the badge. All nominations for Western Province colours to sports administrators must be submitted with a full motivation and Curriculum Vitae to the Western Province Hockey Union Executive Committee for consideration.
108. The Union retains the right to withdraw any colours presented if in its opinion the Union has been brought into disrepute by an individual/s who has received such colours.

 

MISCONDUCT AND DISCIPLINE

109. The Members and Affiliate Members shall at all times:
     • Abide by the provisions of the Constitution and the ByeLaws, Code of Conduct and the rules and regulations framed and promulgated in terms thereof;
     • Conduct their own affairs in the best interests of the Union and Hockey;
     • Insofar as is applicable, procure and ensure that their respective representatives, clubs, teams, officials and players, comply with and abide by the Constitution, Bye Laws, Code of Conduct, rules and regulations and conduct themselves appropriately with a view to maintaining the best interests of the Union and Hockey.
110. Without derogating from the generality of the aforegoing provisions, the Union from time to time, and always consistent with the Rules of the South African Hockey Association by which it is bound, may frame, adopt and promulgate its own Bye Laws for the purpose of maintaining the best interests of the Union and Hockey and for governing misconduct. Such ByeLaws shall include the appointment of a disciplinary committee and its method of constitution and powers subject to principles of common law.
111. Any Member or Associate Member guilty of any breach of a provision of the Constitution or the Bye Laws, Code of Conduct or any club, team or official or player who brings Hockey into disrepute shall be liable to discipline by the Executive Committee at its sole discretion.
112. Where any Member or Associate Member has not disciplined any club, team, official or player, for a breach of the provisions of the Constitution, Bye Laws, Code of Conduct, rules and regulations, or in the opinion of the Executive Committee does not properly discipline such person or entity for a breach as aforesaid, the Executive Committee may require the club or team, duly represented, or the official or the player and the Member or Associate Member concerned to appear before it for the purpose of inquiring into the alleged misconduct and, if necessary, may discipline such a club, team, official or player, Member or Associate Member and may rule on the apportionment of the costs of holding such an inquiry as well as the imposition of sanctions including a fine or fines on the guilty party or parties (as the case may be).
113. Where any Member or Associate Member disciplines any club, team, official or player falling under its control and/or jurisdiction, such club, team, official or player shall, subject to prepayment of an appropriate fee laid down by the Executive Committee from time to time, have the right to appeal to the Executive Committee.
114. At any disciplinary or appeal hearing, the Executive Committee shall adopt such rules of procedure as laid down in the Bye Laws and Code of Conduct or, in the absence thereof, such rules as it may deem appropriate subject to common law principles of due process and the right to fair and proper hearing. Any individual, team or club or other entity shall have the right to be heard, which right shall include the right to be acquainted with the charges and the right to appear personally or to submit a defence in writing.
115. In the event of it being found that:
     • A Member or Associate Member is guilty of a breach of the Constitution or Bye Laws, Code of Conduct, rules and regulations framed hereunder or of conduct which would bring Hockey into disrepute, the Executive Committee may in its discretion impose a monetary fine and/or other sanctions, provided that no fine shall exceed treble the annual subscriptions payable by such Member or Associate Member for the year in which such Member or Affiliate Member is found guilty.
     • A club, team, official or player is guilty of misconduct, the Executive Committee may impose a monetary fine and/or other sanctions on such club, team, official or player, which may include suspension from participation in the playing or administration of Hockey for such period as the Executive Committee in its sole discretion, shall determine.
     • Every Member or Associate Member shall ensure the effectiveness of any disciplinary action imposed in terms of this clause and shall preclude any such disciplined club, team, official or player from participation in Hockey during any period of suspension.
     • Every disciplinary meeting or appeal hearing held by the Executive Committee shall be reported to the next Council Meeting.
116. The first obligation of the Membership shall be to seek and exhaust internal remedies in matters of misconduct and discipline.

 

DISPUTE RESOLUTION

117. Should any dispute arise which involves the Union, it's Members and Associate Members who are subject to the rules of this Constitution, Bye Laws and Code of Conduct, pertaining to any matter arising from the interpretation or implementation of the Constitution, Bye Laws and Code of Conduct, or arising from the sports governed by this Constitution, Bye Laws and Code of Conduct, then such disputes shall be referred to the Arbitration Forum of the Western Cape Provincial Government, to be dealt with in accordance with the Rules of that Forum.

 

INDEMNITY

118. Any action instituted by or against the Union shall be taken or defended in the name of the Association and no member of the Union shall be personally liable for any debts or obligations, irrespective of the manner incurred.
119. Any Member or Affiliate Member of the Union shall be indemnified by the Union and it shall be the duty of the Union out of its funds to pay all costs, losses and expenses which any Member or Affiliate Member or other officer may incur or may become liable for by reason of any contract entered into or any act or deed done in any way in the discharge of his or her duty.
120. No Member or Affiliate Member or other officer or employee of the Union through the insufficiency or deficiency of any security in or upon which any of the monies of the Union shall be deposited shall be liable for any loss, damage or misfortune whichever shall happen in the execution of the duty of the person concerned unless the same happens through his own willful act or default.
121. The Union shall under no circumstances whatsoever be liable for injury or losses sustained by any player, official, club or team affiliated to the Union.

 

PUBLIC STATEMENTS

122. The official mouthpiece of the Union shall be the Executive Committee and all releases to the media (in its electronic and print forms) shall be authorised by the Executive Committee (or appointed nominee) before any such release is made.
123. No registered player or other official whomsoever shall make any public statement on behalf of the Association without the prior approval of the Executive Committee (or appointed nominee).
124. Members of the Management Committee and other sub-committees of the Executive Committee shall not divulge any matters of a confidential nature to the media.

 

MINUTES OF MEETINGS

125. The office shall keep minutes in books provided for the purpose of all resolutions and proceedings of all meetings and such minutes shall, when signed by the President of the Union, be conclusive evidence of the correctness of the entries therein. Included in this record of minutes shall be copies of all minutes of the Council, the Executive Committee, the Management Committee, any sub-committee of the Executive Committee, reports of managers and coaches of provincial teams and any reports prepared by the Executive Committee or other bodies or persons holding office in the Union.
126. Minutes of Annual General and/or Special General Meetings shall be confirmed at the following Annual General Meeting. Minutes of Executive meetings shall be confirmed at the following Executive Meeting.
127. Copies of all minutes of General Meetings and Council Meetings shall be circulated to Members within 14 days of such meetings. Minutes of the Council Meetings shall be confirmed at the next scheduled Council Meeting. Copies of all minutes of Executive Meetings shall be circulated to members of the Executive within 14 days of such meetings.

 

AUDITORS

128. The books and records of the Union shall be subjected to an annual audit by a firm of public accountants registered under the Public Accountants and Auditors Act, 1951 (as amended).

 

DISSOLUTION OF THE UNION

129. The Union shall endure indefinitely notwithstanding any changes in the composition of its Membership, Council, Executive Committee or Management Committee, until such time as the Members resolve, or are obliged by any duly authorised body, to dissolve the Association.
130. The Union may be dissolved if at least two-thirds of the Members present and voting at a general meeting of Members convened for the purpose of considering such matter are in favour of dissolution. Not less than 21 (twenty-one) days notice shall be given of such meeting and the notice convening the meeting shall clearly state that the question of dissolution of the Union and the disposal of its assets will be considered. If there is no quorum at such general meeting, the meeting shall stand adjourned for not less than one week and the Members attending such adjourned meeting shall constitute a quorum.
131. Upon its dissolution the assets of the Union remaining after the satisfaction of all its liabilities shall be given or transferred to such similar public benefit organisation having objects similar to its main object which has been approved in terms of Section 30 of the Income Tax Act, 1962 as amended and is registered as a non-profit organisation as may be determined by the members of the Association at or before the time of its dissolution.

 

SEPARATE IDENTITY OF THE UNION

132. The Union shall be deemed to be a body corporate and shall have an identity and existence distinct from that of the Executive Committee or Members.
133. Legal proceedings instituted by or against the Union may be instituted in the name of the Union.
134. Howsoever or wherever the Union's assets may be held or registered they shall be held on and for the account of the Union and at no time shall the Members be deemed to acquire for themselves or their personal account any vested right or interest in the funds or assets of the Union.

 

APPLICATION OF THE UNION'S FUNDS

135. The income and property of the Union whencesoever derived shall be applied solely towards the promotion of its main object, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus, or otherwise howsoever, to the Members of the Union: Provided that nothing herein contained shall prevent the payment in good faith of reasonable remuneration to any officer or servant of the Union or to any Member thereof in return for any services actually rendered to the Union.

 

RESTRICTIONS ON POWERS OF MEMBERS

136. The Union is prohibited from distributing any of its funds to any person (otherwise than in the course of undertaking any public benefit activity) and is required to utilise its funds solely for the object for which it has been established, or to invest such funds –
     • with a financial institution as defined in Section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990);
     • in securities listed on the stock exchange as defined in Section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985);
     • In such other prudent investments in financial instruments and assets as the Commissioner of the South African Revenue Services may determine after consultation with the Executive Officer of the Financial Services Board and the Director of Non-Profit Organisations:
137. Provided that the provisions of this par 135 shall not prohibit the Union from retaining any investment (otherwise than any investment in the form of a business undertaking or trading activity or asset which is used in such business undertaking or trading activity) in the form that it was acquired by way of donation, bequest or inheritance.
138. The Union shall be prohibited from carrying on any business undertaking or trading activity, otherwise than to the extent that -
     • the gross income derived from such business undertaking or trading activity does not exceed the greater of –
     • 15% (fifteen percent) of the gross receipts of the Union; or R25 000 (twenty five thousand Rand) or such amount as may be stipulated from time to time in Section 30(3)(b)(iv)(aa)(B) of the Income Tax Act, 1962 as amended;
     the undertaking or activity is –
     • integral and directly related to the sole object of the Union and
     • carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost and which would not result in unfair competition in relation to taxable entities;
     the undertaking or activity, if not integral and directly related to the sole object of the Union, is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation; or
     the Minister of Finance approves the undertaking or activity by notice in the Gazette, having regard to –
     • the scope and benevolent nature of the undertaking or activity;
     • the direct connection and interrelationship of the undertaking or activity with the sole purpose of the Association;
     • the profitability of the undertaking or activity; and the level of economic distortion that may be caused by the tax-exempt status of the Association.
139. The Union is prohibited from accepting any donation which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility thereof in terms of Section 18A of the Income Tax Act, 1962 as amended: Provided that a donor (other than a donor which is an approved public benefit organisation or an institution, board or body which is exempt from tax in terms of Section 10(1)(cA)(i), which has as its sole or principal object the carrying on of any public benefit activity) may not impose conditions which could enable such donor or any connected person in relation to such donor to derive some direct or indirect benefit from the application of such donation.