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Our

constitution 
(Amended AGM January 2018)
  1. DEFINITIONS:
In this constitution, unless the context determines otherwise, the following shall be taken to be:
‘The Constitution’ The ‘Constitution of West Coast Athletic Club’.
‘W.P.A.’ ‘Western Province Athletics’
‘A.S.A.’ ‘Athletics South Africa’.
‘I.A.A.F.’ ‘International Amateur Athletics Federation’.
‘The Club’ ‘The West Coast Athletic Club’.
‘The Committee’ ‘The Committee’ ‘The elected committee members of the W.C.A.C’.
  1. THE NAME OF THE CLUB SHALL BE THE ‘WEST COAST ATHLETIC CLUB’.
  1. AIMS & OBJECTIVES
    1. The aims and objectives of the Club shall be:
    2. To encourage and provide opportunities for its members to take part in walking, jogging, running, cross country and road running at all levels of performance.
    3. To promote an interest in opportunities for athletes in the West Coast Area.
  1. MEMBERSHIP
    1. Any person, who is an amateur in terms of the rules of the International Amateur Athletic Federation and bona fide with W.P.A., shall be eligible for membership of the Club.
    2. The Committee shall have the right to refuse any application for membership of the Club at its entire discretion and shall not be required to furnish reasons for its actions.
    3. Annual membership fees shall include the purchase of the athletic license for those members who choose to become registered athletes and shall be payable by all members other than those described in section 4.1.5
    4. Social members are not liable for the athletic licence fee but are liable for an annual social membership fee as determined annually by the committee.
    5. The Club shall be either an affiliate member or temporary member where the Club rent the premises of any Organisation which has been accepted by the members on a temporary or annual basis which the club members has chosen and accepted to be their Domicile. The decision to change the Domicile can be voted and accepted at the A.G.M. or a Special General Meeting called specifically for that purpose.
    6. All West Coast Athletic Club members joining, or renewing membership, shall be required to pay an amount for members fees on an annual basis to that selected organisation.
    7. Should the affiliation or temporary membership be on a temporary basis then a percentage of the temporary fees shall be required to be paid by the members which shall be included in their annual fees.
    8. should the Club disassociate itself with the any organisation that it is either affiliated or on a rental basis to then the membership rules negotiated with any new affiliate organisation or rental basis will apply.
    9. The Committee, at a General Meeting, shall be entitled to elect members to honorary life membership on the grounds of outstanding service to the Club or to the sport of running. Such members shall be entitled to attend and vote at any General Meeting of the Club.
    10. Annual Membership Fees for the ensuing year shall be determined by the Committee and forwarded to the members for approval after the Treasurer’s Report at the A.G.M.
    11. Annual Membership Fees for B.S.L.C., or an alternative organization, shall be reviewed by the Committee annually and forwarded to the members for approval after the Annual Treasurer’s report at the A.G.M.
  1. CONTROL OF ACTIVITIES
    1. The affairs of the Club shall be controlled by a Committee, which shall consist of one:
      1. Chairman
      2. Secretary
      3. Treasurer
      4. Captain
      5. Vice-Captain
      6. Cross Country Representative
      7. P.A. Representative.
      8. Membership Secretary
      9. Social / Liaison Representative
      10. Race Representative
      11. Newsletter Editor
      12. Blaauwberg Central Sports & Recreation Association Representative.
      13. Website Administrator
    2. The Committee shall be elected by the Club at the Annual General Meeting. Should a position/s not be filled, it may stand vacant until the elected committee finds a suitable candidate/s for that position/s. The elected committee may co-opt a further two members at its discretion and a further two representatives in a professional capacity.
    3. Any member of the Committee, who absents himself from three consecutive meetings of the committee without obtaining leave, shall cease to be a member of the Committee.
    4. The Committee shall be empowered to fill casual vacancies by co-options.
    5. Six members of the Committee shall constitute a quorum.
    6. Minutes shall be kept of all meetings of the Committee.
    7. The Disciplinary Committee shall consist of the Club Chairman, Captain, or Vice-Captain and two Committee members. Any member being disciplined by the Disciplinary Committee will have the right to appeal in writing within 14 days of being notified of any investigated decision made by the Disciplinary Committee.
  1. POWERS & DUTIES OF THE COMMITTEE & OFFICE BEARERS
    1. The Committee shall have power:
      1. To generally conduct the business of the Club during its term of office.
      2. To arrange practices and competitions, including competitions held under the auspices of W.P.A. and sanctioned by that body.
      3. To appoint a sub-committee either for the duration of its term of office or for specific purposes.
      4. To function as a selection committee.
    2. The Disciplinary Committee shall have the power:
      1. To suspend temporarily or permanently, any member of the W.C.A.C. who has been reported to the club for any misconduct that he, or she, may have been found guilty of by the Disciplinary Committee.
    3. Chairman
      1. Shall preside at all meetings of the Club and of the Committee.
      2. In his absence the Committee shall elect a Chairman by show of hands.
      3. At any meeting the Chairman shall have both a vote and a casting vote.
    4. Secretary
      1. Shall have charge of the Club’s records and minute book and shall conduct its correspondence.
      2. Shall be responsible for the taking of and the circulation of all minutes of Club meetings.
      3. Shall keep a register of all members of the Club.
      4. Shall keep a record of all races promoted by the Club.
    5. Treasurer
      1. Shall be responsible for the recording of all income and expenditure for the term of office.
    6. Race Representative
      1. Shall organize and control all races promoted by the Club, adhering to the rules of the A.S.A. and the W.P.A.
      2. Shall keep a record of all races promoted by the Club.
    7. Club Captain and Vice-Captain
      1. Shall promote the aims and objectives of the Club.
      2. Shall organise training runs, including time trials and pack runs.
      3. Shall organise monthly and annual awards.
    8. Cross Country Representative
      1. Shall represent the Club at all W.P.A. and Cross-Country meetings and report back to the Club Committee.
    9. P.A. Representative
      1. Shall represent the Club at all W.P.A. meetings and report back to the Club Committee.
    10. Social / Liaison Officer
      1. Shall promote and organise all club functions and events.
      2. Shall promote the Club via the various organisations and media.
    11. Membership Secretary
      1. Shall register all Club members using the current W.P.A Yearly licensing form.
      2. Shall keep a copy of the individual members details for the club database.
      3. Shall familiarize all new members to the Club, of the Constitution, Committee members and functions of the Club.
      4. Shall promote the Club in order to increase the membership.
  1. ANNUAL GENERAL MEETING
    1. The Annual General Meeting shall be held within two months of the end of the Club’s financial year, which is normally 31st December.
    2. The quorum at the Annual General Meeting shall be 10% of previous year membership. Should there not be a quorum within 30 minutes of the advertised time of the beginning of the meeting, the meeting shall stand adjourned for 14 days. Written notice of a meeting adjourned in this manner shall be posted to all  members of the Club, and the members present when the adjourned meeting is convened, shall constitute a quorum.
    3. Written Notice of the date, time and place and of the agenda for the meeting, shall be communicated to all registered members of the Club at least 14 days before the date of the Annual General Meeting either by electronic format such as e-mails, by hand, or by post. The non-receipt of such notice by a member shall not render the meeting invalid.
    4. The Agenda for the Annual General Meeting shall include:
      1. The Notice of the meeting
      2. Register and apologies.
      3. Minutes of the previous Annual and Special General Meeting.
      4. Chairman’s Report
      5. Financial Report
      6. Motions from the Committee (if any)
      7. Amendments to the Constitution (if any)
      8. Election of Committee
      9. Appointment of an Honorary Auditor
      10. Motions from members (if any)
      11. General
    5. Nominations to the Committee will be called from the floor at its A.G.M. Nominations for Chairman will be called from the floor at the A.G.M. The nominee must either be a serving Committee Member, or have previously served on the Committee of the West Coast Athletic Club.
    6. If more than one nomination for any committee portfolio voting shall be by ballot. Proxy voting shall not be allowed.
    7. Motions at any meeting of the Club shall be carried by a simple majority unless a motion is proposed in terms of clause 12.2 of this Constitution.
    8. The members may elect sub sections at the AGM to provide further sporting opportunities for its members.
  1. SPECIAL GENERAL MEETINGS
    1. Rules for the conduct of the Annual General Meeting shall apply mutatis mutandis to Special General Meetings, A Special General Meeting shall be called by the Committee:
      1. When it considers this necessary or desirable.
      2. On receipt of a written request signed by at least 50 members of the Club stating the matters to be discussed. These 50 members could be liable for any costs involved in organizing the special general meeting. This would be at the discretion of the members present at that meeting as per AGM rules paragraph 7.6 and 7.7.
      3. When written notice of a Special General Meeting shall be posted to all members of the Club at least fourteen days before the date of the meeting, stating the date, time, place, and purpose of the meeting. No matters other than which appears on the agenda shall be dealt with at a Special General Meeting.
  1. CLUB ANNUAL AWARDS
    1. Club Annual Awards Ceremony shall be held as early as possible in each New Year.
    2. The Club Awards will relate to performances in each Calendar Year.
    3. All decisions regarding recognising and awarding achievements for Club Award Winners and eligibility for Club Qualifying Standards shall be at the discretion of the West Coast Athletic Club Committee.
  1. RULES, REGULATIONS & COLOURS
    1. The Club, in its activities connected with athletics, shall adhere to the rules and regulations of the I.A.A.F., the A.S.A., and the W.P.A.
    2. Any Club member not adhering to the rules and regulations of the I.A.A.F., A.S.A. and W.P.A. may be asked to appear before a Disciplinary Committee to answer questions related to the misconduct, and to adhere to the Disciplinary Committee’s decision.
    3. The Grievance Procedure:
      1. The complaint to be written and signed and handed, or posted, to the Club Secretary.
      2. The issue will be addressed at the next Committee Meeting. Alternatively, the member may request, in writing, to attend the next Committee meeting in order to discuss their grievance.
      3. The Committee resolves to attend to all grievances within 60 days of receiving such Notice.
    4. The colours of the Club shall be red, blue and white. The vest should consist of a red front panel, white side panels and royal blue back panel. The shorts shall be royal blue only. Any other pants, of whatever length, worn with, or instead of running shorts, must be royal blue in colour. Any variation of club running clothing must conform with the correct club regulations and colours and must be submitted to the committee who in turn must get written approval from W.P.A.
    5. A Disciplinary Committee shall have the power to take the necessary action should any member not comply with the Club Colour specifications.
    1. COMPLIANCE TO SARS FOR RECREATIONAL CLUBS AND TAXATION.
      1. To qualify for exemption in terms of section 30A of the income Tax Act no 58 of 1962 (the Act).
        1. The Club’s activities must be carried on in a non-profit manner.
        2. In respect of surplus funds, the club is prohibited from direct or indirect distribution thereof to any person.
        3. On dissolution, the club is required to transfer its assets and funds solely to any other recreational club eligible for section 30A exemption or an approved PBO (Public benefit Organisations);
        4. The club may not pay remuneration in excess of what is considered reasonable, both in sector and for the services rendered, and may not pay remuneration    determined as a Percentage of the club receipts and accruals.
        5. All members must be entitled to annual or seasonal membership; and
        6. Members are not allowed to sell their membership rights or entitlements thereto.
      2. Approval is subject to meeting all the requirements above and to the fulfilment of two further conditions:
        1. That the club undertakes to submit a copy of any amendment to the club constitution or similar founding document, to the Commissioner; and
        2. That the Commissioner is satisfied that the club is or was not knowingly participating in any tax avoidance schemes.
Where clubs do not comply with section 30A they risk losing their exemption. Additional penalties similar to those imposed on PBO’s may also be imposed.  Withdrawal of exemption is subject to reasonable notice and corrective action. Where approval has been withdrawn, clubs must transfer their remaining assets to another club or PBO within six months of the dates of withdrawal. Failure to do so will result in a deemed taxable income based on the market value of the club’s net assets.
  1. AMENDMENTS TO THE CONSTITUTION
    1. Amendments to the constitution may be made at an Annual General Meeting, provided that notice of any proposal to change the constitution is included in the agenda posted to all members, or at a Special General Meeting called specially for that purpose.
    2. No proposal to amend the constitution shall be adopted which conflicts with the constitution or by laws of the W.P.A. or the A.S.A.
  1. DISSOLUTION OF THE CLUB
    1. The Club may be dissolved at a Special General Meeting called for the purpose, provided that:
      1. Written notice of the meeting has been given to all registered members of the Club at least 21 days before the date of the meeting; and
      2. Four fifths of the members present, and voting at such a meeting, cast their votes in favour thereof.
      3. In the event of dissolution, the affairs of the Club shall be wound up and liquidated by the members of the Committee at that time, or, failing them, the Trustees of the W.P.A. in their curative discretion.
  1. INDEMNITY
    1. The Club does not hold itself in any way responsible, or liable in any manner for any fatality, accident or loss by any of its members, which may occur before, during or after any of the Club’s activities.
    2. No member shall have cause for legal action on account of alleged wrongful expulsion or suspension or any other action of the Committee.
    3. The Committee shall sue, or be sued in the name of the Club, and no member of the Committee shall be held personally responsible.
  1. RESIGNATION
    1. Any member wishing to resign from the Club shall do so by notifying the Secretary of his intention in writing. Nevertheless, such a member will remain a member of the Club for a period of seven days after the post date. He shall remain liable to the Club for any amount, which is due by him, and no certificate of clearance shall be issued to him while any fees, or property of the Club, are outstanding.
  1. INTERPRETATION
    1. The terms of this constitution shall apply Mutatis Mutandis to the female gender.
    2. In case of doubt as to the meaning or effect of any portion of this constitution, the interpretation of the Committee shall be final and binding on all members.
Constitution of West Coast Athletic Club Amendment SGM June 2016