Moroka Swallows Supporters Club Constitution (January 2012 Version)

Transcription

1 1. DEFINITION Moroka Swallows Supporters Club Constitution (January 2012 Version) 1.1 The BEAUTIFUL BIRDS is the official nickname of Moroka Swallows Football Club. 1.2 THE CLUB means Moroka Swallows Football Club (PTY) LTD. (THE BOARD OF DIRECTORS) 1.3 MANCO means management committee of the club 1.4 THE SUPPORTERS CLUB means the official and only recognized supporter s organization of the club. The said SUPPORTERS S CLUB will consist of a number of BRANCHES and GREATER AREAS, which are formed in various described areas, with minimum membership of 20 persons. 1.5 COUNCIL means the governing and administrative body of each Branch/Greater Area. 1.6 ORDINARY MEMBER means a member who has rights, privileges and obligations towards their Branch/Greater Area and towards the Supporter s Club. 1.7 PRO means Public Relations Officer of the Club. 2. COLOUR AND EMBLEM The emblem of the Supporter s Club shall be approved by The Club and will be either the badge of the Club or a derivative thereof as determined from time to time by the Club. The colours of the Supporter s Club shall be official colours of the club, namely maroon and white. 3. OBJECTIVES OF THE SUPPORTER S CLUB 3.1 To support all/any of the Club activities that the Club may stage from time to time. 3.2 To co-operate fully and supportive of the Club and to abide by the Club s rules, regulations as set by The Club and by laws as determined from time to time. 3.3 to abide by the rules and regulations contained in the Supporter s Club Constitution. 3.4 To protect the interest of the Club and organized soccer to take all steps as may be necessary or advisable for the promotion of the club and soccer in general, for the prevention of the infringement of the stipulated rules and laws. 3.5 To have meetings at regular intervals which are held by the Club, the Branch or a Greater Area, to communicate items of interest and policy. To have a structure, at Branch/Greater Area level, that is selffunding and does not require funding from the Club. The Club will, from time to time provide expertise to assist the branches/greater Areas in hosting fund raising events. All funds raised in the name of the Supporter s Club is to be used exclusively for the well being of the Ordinary Member and be related to furthering the promotion and support of the Club. 4. ESTABLISHMENT OF BRANCHES AND GREATER AREAS 4.1 The Supporter s Club shall consist of branches, which can be established worldwide. 4.2 Each branch shall consist of not less than 20 registered paid up members. 4.3 All existing branches shall continue to operate and ensure that at no time will its current members be less than 20 persons. 4.4 All supporters of the Club and members of the Supporter s Club shall be entitled to join and belong to any Branch of his choice. 4.5 A member may not be registered at more than one branch at any specific time. 4.6 New branches may be established by 20 supporters, via application to the Club for registration of the Branch. 1

2 4.7 Membership fees shall be paid annually in advance and shall be payable on such dates stipulated by the Club. 5 ESTABLISHMENT OF A GREATER AREA 5.1 A Greater Area shall be formed by at least five branches situated within the same area, its launch shall be conducted by a member of Manco or any Club official so mandated by Manco. This may include a senior member of another Greater Area. OFFICE BEARERS OF THE BRANCH AND /OR GREATER COUNCIL 6.1 The Council shall have 9 (nine) members comprising of: Chair Person; Vice Chair Person Secretary Vise Secretary Treasurer; Safety Officer Development Officer Two additional members 6.2 The above positions shall be voted for at the Annual General Meeting. Branch Council: by the Ordinary Members of the Branch Greater Area Council: by Branches of the Area. 7. REMOVAL OF MEMBERS OF A COUNCIL 7.1 Any member of a council shall cease to be a member thereof if that person, without apology or good cause shown, absents themselves from three consecutive meetings of that body. 7.2 Such member shall be informed in writing about their disqualification by the Supporter s Club. 7.3 Such members shall have the rights to appeal as set out in article MEMBERSHIP FEES 8.1 Two options for membership exists (see brochure dated January 2012) 8.2 Membership can only be registered directly with the Club, or they may register through the Treasurer of the particular Branch. 8.3 For payment via the Treasurer of a Branch, the following procedure will apply: The prospective member will fill in a membership application form at the Branch that he wants to join. The member will then pay over the applicable membership fee into the Moroka Swallows Supporter s Club bank account, provide proof of payment and the Treasurer shall issue the prospective member with the receipt. The Branch Chairman will then bring the application form together with the proof of payment to the Club, receive the prospective Member s Memberships packages on his/her behalf, then contact the prospective member and deliver his/her membership package, including official Membership Card. The prospective member may communicate with the Supporters office only in the case of having no branch in the Area. 8.4 Every person shall upon receipt of the Membership Card be deemed to be a member of the MOROKA SWALLOWS Supporter s Club. Prior to expiry the member must renew his membership directly with the Club. 2

3 9. REGISTRATION OF MEMBERS 9.1 Every Branch of the Supporter s Club shall, through its Council, keep a full update of all its Members at all times. 9.2 The register shall contain the full names, residential address and telephone contact details of every member who subscribe to its Branch. 9.3 Any letter or notice delivered to such an address shall for the purpose of the Supporter s Club, be deemed to be sufficient, effective and proper service on such a Member. 9.4 A member who changes his residential address or contact details shall give notice of such change within (14) fourteen days to the Secretary of his Branch from the date of change. If the Member is not assigned to a Branch the member shall inform The Secretary of his/her Greater Area or the offices of a MANCO of such a change. 10. RIGHT OF MEMBERS 10.1 No member shall have any individual rights, title and/or interest or claim to any money, assets or any property of the Supporter s Club save as provided for in this Constitution Members shall be given notice of any Annual General Meeting and Special Meetings At all times, including but not limited to disputes arising, ultimate decision making body of the Supporter s club, shall be MOROKA SWALLOWS FOOTBALL CLUB (Ltd). 11. RULES AND REGULATIONS OF EACH BRANCH/GREATER AREA 11.1 No meeting shall be valid and be of any force or effect unless and save if authorized by the Chairman and/or the Secretary Members shall attend all meetings convened by their Branch/Greater Area Every member shall observe the standing Order governing meetings of the Supporter s Club A meeting of Branch/Greater Area shall only be declared valid if a quorum of 51% of the registered members is present. For this purpose, Branches/Greater Areas are required to keep minutes that clearly reflect the names of the Members who are present and absent from the meeting. 12. MISCONDUCT 12.1 Every Branch/Greater Area shall be directly responsible for the conduct of all its members at all the activities of the Club and the Supporter s Club Should the Branch/Greater Area fail to control their members this shall constitute an offence and shall be punishable by: A reprimand by the MANCO The guilty party/parties can be banned from events and matches hosted by the Club, and/or A fine payable to the MANCO not exceeding the sum of R (TWO HUNDRED RAND) 12.3 Misconduct shall mean violence, fighting, swearing, abusive language, dishonesty and breach of the rules and regulations of the PSL and/or the Supporter s Club and/or the Club Any member guilty of misconduct as aforementioned shall be punished by the Branch (and if it s a branch by the Greater Area) and if it s a Greater Area by MANCO in the following manner: Expulsion from the Supporter s Club; o Suspension from the Supporter s Club for a period not exceeding 6 (SIX) months; o A reprimand by the Branch/Greater Area; o Fine not exceeding R (ONE THOUSAND RAND) payable to the Branch/Greater Area. 13. MANAGEMENT OF THE BRANCH/GREATER ARE 13.1 Every Branch/Greater shall consist of a Council and Members. 3

4 13.2 The Council shall be elected at the Annual General Meeting of the Branch/Greater Area and shall consist of 9 (nine) elected members of the Branch/Greater Area The Council shall be the governing body of the Branch/Greater Area The Council shall keep a record of: Its membership The proceedings of each meeting The financial affairs of the Branch/Greater Area 13.5 The Council shall be entitled to open a bank account for that Branch and shall keep proper books of the account. The Branch/Greater Area shall not be entitled to enter into any contract unless it has sufficient funds and should such contract be entered into notwithstanding the fact sufficient funds are not available in the Branch/Greater Area shall be jointly and severally liable for any indebtedness arising out of that contract. The same provisions shall apply should the Branch s bank account be overdrawn. In no way shall MOROKA SWALLOWS Football Club be liable, or be a party to, any agreements that may be entered in to between the Branch/Greater Area and a third party. Neither shall MOROKA SWALLOWS football Club be responsible for any financial irregularities and/ or problems that may arise at a Branch/Greater Area, in whatever form The Council shall ensure that the MANCO is advised as to the names and address of ordinary members and shall attend to the transfer of the respective membership fees as set out above. Each Council shall convene a meeting of the Members at least once every three months. 14. REMUNERATION No remuneration shall be payable by the Club to any person, including but not limited to; any persons connect to the Supporter s Club, a Branch, a Greater Area or a Council of the Branch/Greater Area. A Branch/Greater Area may determine its remuneration policy always provided that the Ordinary Member shall not be expected to contribute towards such remuneration. 15. SIGNATORIES All legal documents (including all cheques and other negotiable instruments) which are required to be executed on behalf of a Branch/Greater Area of the Supporter s Club shall be signed by three of the following of the respective body: The Chairperson The Treasurer The Secretary The Vice Chairperson And Ordinary Member of the committee so authorized to do by a meeting of that respective body. 16. SERVICE OF NOTICES 16.1 Notice of the Branch/Greater Areas to members shall be served in any two of the following media: By letters written to members; By advertisements published in newspapers; By Radio broadcast; By television broadcast; By notice on official website of the Club ( All noticed shall be deemed to be served if conveyed through any two of the above media and any accidental omission to give the requisite notice that shall not invalidate the proceedings of the meeting, always provide that necessary quorum has been obtained. 4

5 17. PRESS AND PUBLICITY The PRO of the Club shall be responsible for all press statements including those that involves the policy of the Supporter s Club. No other person shall make any press statement in the name of the club or the Supporter s club. Unless otherwise mandated in writing by MANCO. 18. AMENDMENTS TO THIS CONSTITUTION No alteration or addition shall be made to this Constitution unless otherwise a proposal is forwarded to MANCO for consideration, if approved the clause will be altered or added by The Club. 19. DATE OF EFFECT The Constitution is binding as at 1 st January, THE MANAGEMENT COMMITTEE (MANCO) 20.1 The MANCO shall be the controlling body of all the Branches/Greater Area of the Supporter s Club 20.2 The Head Office of MANCO shall be situated in Johannesburg. The Club through its MANCO shall be the supreme governing body of the Supporter s Club; always provided that in the event where the Club disagree with any decision taken by the Branch/Greater Area, MANCO it has the overriding right to veto the action Functions and Powers: MANCO shall have control and general command of the affairs of the Supporter s Club. In all matters affecting the Supporter s Club and/or the Club, the Club s decision shall be final and no appeal shall be entertained. MANCO shall further keep or cause banking accounts and proper books of account to be kept by all the Branches/Greater Areas of the Supporter s Club. The Club shall be the sole interpreter of the Constitution of the Supporter s Club. MANCO shall give decisions to any matters or dispute arising between two or more branches or/and Greater Area of the Supporter s Club and the decision so given shall be final unless and until set aside by the Club. 21. ANNUAL GENERAL MEETING OF THE BRANCHES and/or GREATER AREA 21.1 Each Branch/Greater Area shall hold an Annual Meeting at least once in every 12 month period and shall in any event be held before 30 July in each year All paid up Members of the Branch/Branches of the Area shall be entitled to attend Annual General Meeting and each shall be entitled to vote for the election of office bearers of the Council All paid up Members of the Branch/Branches of the Area shall be entitled to receive 21 days notice of the Annual General Meeting, which notice must be advertised on the clubs website ( and local newspapers A quorum at such Annual Meeting shall be 51% of the members. Should a quorum not be present the meeting shall be postponed for one week, at the reconvened meeting such persons as may be present 5

6 shall ipso facto constitute a quorum and the meeting shall then proceed to perform the business of the Annual General Meeting as if a quorum were present The business of the Annual General Meeting shall be the representation of the Chairman s report and the Treasurer s report, the election of the officers and such other business as may appear on the meeting agenda. Any Member requiring a special resolution to be placed upon the agenda shall forward a copy of such resolution accompanied by the signatures of at least fifteen Branch Members/Three Branches of the Area thereof to the Branch s Secretary, not less than 30 (THIRTY) days before the Annual General, and the Secretary upon receipt of such resolution shall ensure that it is placed upon the agenda The election of officers shall be by way of a show of hands unless the Chairman of the meeting shall decide that a private ballot shall be necessary. No person shall be elected to office unless proposed and seconded at the Annual General Meeting Proxy votes shall not be allowed. 22. SPECIAL GENERALMEETINGS OF THE BRANCHES/GREATER AREAS 22.1 The Branch/Greater Area secretary shall give 21 days written notice to every Member, if requested to do so by at least 75% of the Members, in writing When requesting such meeting the Members so requesting shall hand to the Branch/Greater Area secretary a copy of the Special Resolution or Resolutions to be proposed at such meeting and the secretary shall forward a copy of such Resolution to each Member together with the notice of the meeting A quorum for a Special General Meeting shall be 75% of the Members. and the procedure laid down in 21.4 hereof shall be adopted in the event of no quorum being present No special resolution shall be passed unless at least 75% of the persons present at such meeting shall support the resolution No matter shall be discussed or voted upon at a special meeting unless it appears on the agenda. 23. OBJECTIVES OF AREA GREATER COUNCIL Co-ordinate and oversee the well being and progress of branches within the area. Establish and launch branches Represent the club in all events and activities taking place in the area. Drive the recruitment campaign 27. DISCIPLINARY MATTERS 27.1 The Club through its Board of Directors shall be the supreme disciplinary body. The club, MANCO, each Branch and Greater area shall each form a disciplinary committee consisting of not less than three members of that particular body and then said disciplinary committee of each body shall meet on an ad hoc basis as when a meeting is necessary Any member who wishes to appeal a disciplinary ruling against him/her by his/her Branch/Greater Area shall within 7 days of such ruling being given, note an appeal to the Secretary of the Branch, Greater Area and the offices MANCO. Should the appeal be dismissed by the Greater Area Council / MANCO then the member shall be entitled to note a further appeal to the club by giving notice within 7 days of such dismissal to the offices of MANCO and the Secretary of the Club A Branch shall be entitled to appeal against any disciplinary ruling given against them by Greater Area/MANCO by noting an appeal with the offices of MANCO and the Secretary of the Club within7 days of such ruling being given any Branch/Greater Area desiring to give any disciplinary proceedings against any Member of another Branch/Greater Area or of any other Branch/Greater Area shall notify the offices of MANCO in writing specifying the nature of the complaint and requesting the disciplinary to be instituted. 6

7 27.5 A member or a Branch/Greater Area shall be notified of a complaint against him/her by the Branch/Greater Area with at least 7 days notice of the date of such hearing In the event of the Member, Branch or Greater Area failing to attend the disciplinary committee hearing then that Member, Branch or Greater Area shall automatically lose its right of membership to the Supporter s Club The council of that Branch or Greater Area shall be dissolved The various bodies shall be entitled to apply the penalties as set out above. 7