Regulations and Procedures
REGULATIONS and PROCEDURES
Relevant to the Constitution of the Eastern Gauteng Gymnastics Association
CONTENTS: REGULATIONS AND PROCEDURES:
- Powers and Functions of the Executive Committee
- Proceedings of the Executive
- Membership Application
- Resignations, Suspensions and Expulsions
- Application and Registration Fees
- Technical Committee
- Communication Between the Levels of Gymnastics Membership
REGULATIONS AND PROCEDURES
- POWERS AND FUNCTIONS OF THE EXCECUTIVE COMMITTEE:
- a) To purchase, take on, lease or in exchange, hire or otherwise acquire any movable or immovable property and any rights or privileges which the ASSOCIATION may deem necessary or appropriate for the promotion of its objectives and to construct, maintain and alter any institutions necessary or appropriate for the work of the ASSOCIATION.
- b) To sell, let, mortgage, dispose of or turn to account all or any of the assets of the ASSOCIATION as may be thought expedient with a view to the promotion of its objectives.
- c) To borrow and to raise money by any method which is not in conflict with the laws of the Republic of South Africa or prejudicial to the good name and standing of the ASSOCIATION.
- d) To invest the monies of the ASSOCIATION not immediately required for its purpose as may be deemed fit and to realize such investments.
- a) To appoint and/or employ other persons for permanent, temporary or special services, as it may deem fit and to determine their duties and positions within the staff structure and fix and vary their remuneration (if any) and to require security in such instances and to such amounts as it may deem fit and to, subject to the provisions of any applicable legislation, suspend or discharge any such persons at its discretion. Any of the persons described above, may be appointed / employed to perform the secretarial duties to the Executive committee or any other committee or commission.
- b) To supervise and direct the work of the ASSOCIATION
- c) To make, vary and repeal bye-laws for the regulation of the affairs of the ASSOCIATION, provided that such are not inconsistent with or contrary to the Constitution.
- d) To receive, consider for adoption recommendations from all Committees and Commissions of the ASSOCIATION provided that such are not inconsistent with or contrary to this Constitution.
- e) To hear and settle disputes between Affiliates.
- f) To support and subscribe to any institution or society which may be to the benefit of the ASSOCIATION.
- g) To institute, conduct, defend, compound or abandon any legal proceedings by or against the ASSOCIATION or its officers, or otherwise concerning the affairs of the ASSOCIATION and also to compound and to allow time for payment or satisfaction of any debts due, claims, or demands by or against the ASSOCIATION.
- h) To refer any claim or demand by or against the ASSOCIATION for conciliation, mediation or arbitration.
- i) To establish, promote, or assist in establishing or promoting and to subscribe to, or become a Member of any Association, whose objects may be f\beneficial to the ASSOCIATION provided that no subscription be paid to any such Association out of the funds of the ASSOCIATION, except bona fide in furtherance of the objects of the ASSOCIATION.
- j) To award the ASSOCIATIONS colours to such gymnasts, managers, coaches and other officials as may be deemed appropriate.
- k) To appoint in writing any Commission, Committee, Sub-committee or particular person, to carry out specific tasks to assist in the conduct of the Executive’s business.
- l) To negotiate and enter into contracts on behalf of the ASSOCIATION.
- m) To consider applications for admittance to the ASSOCIATION, and where satisfactory, granting provisional acceptance thereof.
- n) To deal with resignations, suspensions and expulsions and reporting thereon to the Annual General Meeting.
- o) To take any disciplinary action provided for by the Constitution or Technical Regulations.
- p) To take necessary action to deal with urgent matters.
To make or amend bye-laws necessary for the better control and operation of the affairs of the ASSOCIATION which shall be reported to the next Annual General Meeting for ratification.
- r) To ensure that the decisions of all Annual General Meetings are implemented.
- s) To cause proper minutes to be kept of all meetings and deliberations of all committees, copies of which shall be circulated to the executive prior the next committee meeting.
- t) To circulate minutes of the executive meetings and other deliberations to the members upon written request.
- u) To examine and approve the financial statements of accounts, and to submit and report thereon to the Annual general meeting.
- v) To make and give receipts, releases and other discharges, for monies payable to the ASSOCIATION and for the claims and demands of the ASSOCIATION, and except where otherwise provided in the Constitution, such receipts shall be signed by a person appointed by the Executive committee.
- w) To open Banking and Saving Accounts in the name of the Eastern Gauteng Gymnastics Association and to draw, accept, endorse, make and execute negotiable instruments connected with the affairs of the ASSOCIATION which shall be signed by the Chairperson and one other member of the Executive Committee.
- x) To appoint and fix the remuneration of the ASSOCIATIONS Auditor or Auditors annually.
- y) To make donations, loans, exchanges, leases and any other forms of contract whatsoever, including sales and purchases of property of any kind.
- z) To levy subscription fees and registration fees.
- aa) To ensure that the Bye-laws and the Technical Regulations are updated and published annually.
- PROCEEDINGS OF THE EXECUTIVE COMMITTEE
2.1 The Executive committee may meet together for the dispatch of business, adjourn and otherwise regulate their meetings as it deems fit (Subject to Article 10). The quorum necessary for the transaction of business shall be a simple majority of members.
2.2 On request of three (3) Members of the Executive committee, the Chairperson shall within ten (10) days of receipt of such request, summon a meeting of the Executive committee by notice served on all the members.
2.3 If at any meeting neither the Chairperson nor the Vice-Chair are present within five minutes after the appointed time, or if present, but are unwilling to chair the meeting, the Members of the Executive Committee present shall choose one of their number to be Chairperson of the meeting.
2.4 A meeting of the Executive Committee at which a quorum is present shall be competent to exercise all the authorities, power and discretions vested in the Executive Committee.
2.5 The Executive Committee shall cause proper minutes to be made of all proceedings of all meetings of the Executive Committee and other committees and commissions of the ASSOCIATION and such minutes, approved by the next meeting and signed by the Chairperson, shall be prima facie evidence of the facts therein stated.
2.6 A resolution in writing signed by all the members of the Executive Committee for the time being and approved by a majority of the Executive Committee, shall be valid ad effectual as if it had been passed at a meeting of the Executive Committee duly convened and constituted.
2.7 The Executive Committee shall meet once a quarter. A minimum of fourteen (14) days notice shall be given of all Executive Committee meetings, unless all members of the Executive Committee agree to accept shorter notice or to dispense with notice.
2.8 The Executive Committee may cause any of their number to cease to be a member of the Executive Committee on grounds of repeated absenteeism.
2.9 In the event of any member of the Executive Committee elected or appointed, to such office by the Biennial General Meeting or the Executive Committee, ceasing to hold the necessary qualifications or ceasing to be a member of the Executive Committee for any reason whatsoever, the Executive Committee shall have the power to fill such vacancy for the remainder of the period of office of such member.
2.10 The Executive Committee shall cause a register of all members and Affiliates of the ASSOCIATION to be kept.
- MEMBERSHIP APPLICATIONS
3.1 In response to a request for admittance made to the Chairperson, the Organization will be sent the necessary official application form. This document duly completed must be returned to the Chairperson together with the following:
- a) Two copies of the Constitution of the applicant, at least one of them must be in English together with an undertaking to keep the ASSOCIATION informed of any changes which might be made to its constitution subsequent to affiliation to the ASSOCIATION.
- b) A document detailing the structure of the Organization, its activities in the realm of gymnastics, its colours and insignia and its proposed name, all of which shall be subject to approval of the ASSOCIATION.
3.2 Examination of Application
Any application for admittance will be examined by the Executive Committee which, if necessary, will appoint one of its members to further investigate the application.
If satisfied that all the requirements of affiliation to the ASSOCIATION have been met, the Executive Committee may grant provisional affiliation – without voting rights – to the applicant, and, report thereon at the next Annual General meeting.
3.4 Reversal of Admission
- a) Should an ineligible body be inadvertently admitted as an Affiliate, the Executive Committee may declare the admission void and in its sole discretion return to the said body any Fees paid. Ratification of this reversal must take place at the next Annual General Meeting.
- b) If at any time after the rejection of an applicant it should appear that such rejection has been made due to a misapprehension or mistake, the Executive Committee shall have the power to reconsider the application forthwith for provisional membership.
- c) Furthermore, a rejected applicant has the right to have an appeal or re-application considered after a period of 6 months has elapsed.
3.5 Attendance at Annual General Meeting
A representative of the applicant organization must attend the Annual General Meeting to state the reason and background of the application. If the acceptance is ratified by the Annual General meeting, the new affiliate may exercise its full mandate on termination of the Annual General Meeting in question. During the progress of the Congress in question the applicant may participate in all debates.
- RESIGNATION, SUSPENSION AND EXPULSION
Any Affiliate intending to resign from the ASSOCIATION shall notify such intention by registered letter to the Chairperson at least three (3) months prior the date on which the next Annual Affiliation Fee becomes due; otherwise the members shall be liable for such Annual Affiliation Fee.
An Affiliate or Member, in financial default or in default of other obligations, may be suspended. An affiliate may also be suspended for any of the reasons set out in point 4.7.
4.3 Executive Committee Responsibility
The Executive Committee is responsible for dealing with the suspension of Members or Affiliates. It may suspend a Member or Affiliate for reasons given above and it may lift such a suspension. Should the suspension still be in force by the time of the next Annual General Meeting the suspended Affiliate of Member shall have the right to proper notice of the Meeting and during the Meeting the right to defend itself/himself/herself against the suspension. The Meeting shall ratify or lift the suspension.
In the event that the period between the suspension bye the Executive Committee and the next Annual General meeting exceeds three (3) months, a suspended Affiliate or Member may, on the deposit of R1 000-00, have the right to a Special General Meeting being called by the Executive Committee within three (3) months on a date convenient to the ASSOCIATION. The R1 000-00 deposit shall be forfeited should the suspension be upheld.
4.4 Consequences of Suspension
The consequences of suspension are that the suspended Member or Affiliate may not participate in any activities of the ASSOCIATION or that of the SAGF or any of its Affiliates.
4.5 Reinstatement after payment of financial dues
In the case of suspension for non-payment of financial obligations the suspended Member or Affiliate may regularize its position by payment of the outstanding amount plus a fine of 10% of the amount and furnishing reasons in writing for the delay in payment.
4.6 Expulsion by Annual General Meeting
The expulsion of an ordinary Member or Affiliate, for any of the following reasons, may be pronounced by the Annual General Meeting upon a proposal by the Executive Committee or from an Affiliate.
4.7 Reasons for Expulsion
- a) Serious breach of the Articles or regulations of the ASSOCIATION.
- b) Serious prejudicial action against the ASSOCIATION or FEDERATION or an Affiliate
- c) By or through any action that brings the sport of Gymnastics or the ASSOCIATION or FEDERATION into disrepute.
- d) Complete disinterest in the activities of the ASSOCIATION
- e) Non-fulfilment of financial obligations to the ASSOCIATION or to an Affiliate.
- f) Failure to fulfil contractual obligations to the ASSOCIATION.
- g) Unjustifiable failure to honour agreements with other Affiliates.
4.8 Expulsion by Annual General Meeting only
With the exception of the provision of point 4.7, expulsion may be pronounced only by the Annual General Meeting. The Affiliate of Member in question may present its defence in or by personal representation made before an Annual General Meeting dealing with the question of expulsion.
4.9 Expulsion after two years for financial reasons
Where a member or Affiliate, suspended for reasons of finance, has not regularized its position, the Executive Committee may pronounce expulsion after two years. The two years will date from the month in which payment was first demanded.
4.10 Appeals against Expulsion
An appeal against expulsion may only take place at the next regular Annual General Meeting or a Special General Meeting called and if this appeal fails, no second appeal will be considered.
4.11 Process of re-admittance
Re-admittance can only be affected in accordance with the provisions of point 3.
- APPLICATION AND REGISTRATION FEES
5.1 When collecting registration fees the Clubs are not entitled to increase the set fees by any amount.
5.2 If fees and forms are not received in the ASSOCIATIONS office on the prescribed due date, the right to additional votes and the calculations to determining participation in certain events will be forfeited.
5.3 If the fees and forms are still outstanding by 30 July, the defaulting Member may be suspended, providing that such defaulting Member has been given one month’s notice of such intention to suspend.
- TECHNICAL COMMITTEE
1.1 Composition of Technical Committee
Each Technical Committee will consist of one member of each club in which the discipline is active. The members will elect a Technical Chairperson at the Biennial General Meeting together with the election of the Executive Committee.
1.2 Meetings of the Technical Committee and Quorums
The Technical Committee will be required to meet quarterly and a quorum shall consist of half plus one of its members.
The Chairperson will determine when and where such meetings will be held.
1.3 Election and Tenure
1.3.1 The Chairperson of the ASSOCIATION shall call for nomination for the Chairperson of the different Technical Committee at least one month (30 days) before the date of the Biennial General Meeting and the name of each member so nominated, together with the names of his proposer and seconder, and his consent to serve in the position shall be sent on the prescribed form and must reach the ASSOCIATION’S office at least 14 days before the date of the Biennial General Meeting. The Chairperson shall notify members forthwith of these nominations.
1.3.2 Any registered member of the ASSOCIATION may propose and a nomination. Any other registered member of the ASSOCIATION may second such nomination.
1.3.3 If more that 1 (one) candidate is nominated, ballots shall be held. In the event of only 1 (one) candidate being nominated and one or more affiliates objects to the appointment of such a candidate without a ballot being held, a ballot shall be held for that position and the person thus nominated has to attain 50% (fifty percent) plus 1 (one) vote to be elected.
1.4 Functions and Responsibilities of the Technical Committee
- a) To provide the technical direction of its discipline and to do the necessary planning for regional competition and coaches and judges courses.
- b) To forward recommendations including changes and additions to the Technical Regulations to the ASSOCIATION for submission to the relevant National Technical Committee.
- c) Are responsible for ensuring that the Technical Regulations and the correct technical organisation are observed at all club and Regional events.
- d) To manage and control all technical matters in between meetings.
1.5 Functions and Responsibilities of the Chairperson.
- a) Co-ordinate the operations of the Technical Committee.
- b) Chair the Technical Committee meetings.
- c) Prepare and deliver reports to the Executive Committee and the Annual General Meeting.
- d) Organise and oversee all regional events.
- e) Co-ordinate communication within the discipline.
1.5 Selection Criteria and Process
The Technical Committee are responsible for the development and distribution of the selection criteria for the regional teams. The selection criteria should be published yearly.
- COMMUNICATION BETWEEN THE LEVELS OF GYMNASTIC MEMBERSHIP
Channel of Communication
The channel of communication is as follows:
Member > Club > Region > Federation (SAGF)
And the same in reverse.
This system is meant to keep good order and must be adhered to for all normal business of the ASSOCIATION. However this does not preclude contact between individual members and the ASSOCIATION. This is particularly true in cases where it is thought that such members rights might have been infringed.
IF THE MATTER INVOLVES THE FIG OR OTHER FEDERATIONS THE PATH IS:
Member > Club > Region > Federation (SAGF) > Federation (Other) of FIG
And the same in reverse.
PLEASE NOTE THAT ANY WILLFUL BREACH OF THE SPIRIT OR LETTER OF THESE REGULATIONS AMY SUBJECT THE DEFAULTING MEMBER TO THE DISCIPLINARY ACTIONS AVAILABLE TO THE ASSOCIATION UNDER CLAUSE 25 OF THE SAGF CONSTITUTION.