South African Sports Association for the Intellectually Impaired For Para-athletes with an Intellectual Disability

Transcription

1 South African Sports Association for the Intellectually Impaired For Para-athletes with an Intellectual Disability PRESIDENT LIZZIE VOGEL P O Box 365 Faunapark 0787 TEL: (+2715) FAX: (+2786) CELL: (+2782) lizzvog@telkomsa.net SECRETARY REGIE MABITSELA P O Box 365 Faunapark 0787 FAX: (+2786) CELL: (+2772) regie7096@gmail.com SOUTH AFRICAN SPORTS ASSOCIATION FOR THE INTELLECTUALLY IMPAIRED for para-athletes with an intellectual disability CONSTITUTION (AS AMENDMENTS IN THE BGM IN POLOKWANE ON 18 SEPTEMBER 2014) PAGE ARTICLE OBJECTIVE 2 1 Name 2 2 Definitions 3 3 Objectives 5 4 Structure 5 5 Membership INDEX 6 6 Office bearers and officials 8 7 Meeting of the association 10 8 Rights of affiliated provincial associations 11 9 Voting rights and procedures Financial year Amendments to the national constitution Termination of membership of provincial associations Constituent provincial associations functions and Obligations Dissolution clause 1

2 ARTICLE 1: NAME The name of the Association shall be THE SOUTH AFRICAN SPORTS ASSOCIATION FOR THE INTELLECTUALLY IMPAIRED for Para-athletes with an Intellectual Disability (hereinafter referred to as the Association ) ARTICLE 2: DEFINITIONS 2.1 Association shall mean The South African Sports Association for the Intellectually Impaired. For Para-athletes with an Intellectually Disability (i.e. SASA-II) 2.2 Intellectually Disability means those who have an I.Q. of 75 or below, with significant limitations in Adaptive Behavior and where the disability is present before the age of General Assembly comprises of elected office bearers (i.e. National Executive Committee, Provincial Delegates and Life Members). 2.4 National Council comprises of elected office bearers (i.e. National Executive Committee, Provincial Chairpersons, Provincial Secretaries and the National Code Conveners). 2.5 Executive Committee comprise of the office bearers of the Association elected at a Biennial General Meeting of the General Assembly. 2.6 National Sports Convener is a person elected by the General Assembly to take charge of the Sports Committee comprising of the Sports Conveners. 2.7 Code Conveners a person elected by the General Assembly to take charge of a particular sport under the leadership of the national Sports Convener. 2.8 quorum Shall consist of 50% +1 of those having the right to vote. No business shall be transacted at any meeting unless a quorum is formed. 2.9 Ordinary resolution means a resolution carried by a majority of the vote cast by those entitled to vote of the National President Extra Ordinary resolution means a resolution carried by at least two third (2/3) of those entitled to vote and present (only applicable to termination, suspension of membership and to amend the National Constitution) 2

3 2.11 Casting Vote is a right granted to the Chairperson of any meeting to exercise an extra vote in addition to a deliberative vote when there has been an equality of votes on any issue Delegates in relation to the meetings of the General Assembly and national Council means a person who is appointed as a Provincial representative Inas International Sport Federation for people with an intellectual disability. Inas is a full member of the International Paralympic Committee representing intellectual disability 2.14 Inas Master List : Master list of athletes who have successfully completed the Primary Eligibility criteria and are eligible for consideration for competitions 2.15 IPC : International Paralympic Committee. the supreme authority of the Paralympic movement and in particular the Paralympic Games Paralympian : An athlete who has represented South Africa at the Paralympic Games Member in good standing : means a member who has complied with all obligations imposed upon members by the Constitution of SASA-II NLDTF : National Lottery Distribution Trust Fund 2.10 SASCOC : South Africa Sports Confederation and Olympic Committee the controlling body for sport in the Republic of South Africa 2.11 SRSA : Sport and Recreation South Africa 2.12 WADA : the World Anti-Doping Agency responsible for determining the World anti-doping code, policy and rules. ARTICLE 3: OBJECTIVES 3.1 To recognize the right of the intellectually disability to participate in sports activities at all levels i.e. Club, Regional, Provincial, National and international level. 3.2 To affiliate to Inas (The International Sports Federation for Sport for Paraathletes with an Intellectual Disability), which has, one of its principal objectives as to the promotion and support of sport for the disabled without discrimination of race, religion or politics. 3.3 To serve as the supreme governing body in all matters pertaining to amateur sporting activities of persons with an intellectually disability within 3

4 its jurisdiction. To affiliate to the South Africa Sports Confederation and Olympic Committee (SASCOC) and to co-operate with that body in all matters relating to sport for para-athletes with an intellectual disability, international participation and the International Paralympic Committee (IPC). 3.4 To promote, encourage and advance sport for the intellectually disabled in its area of jurisdiction, irrespective of race, color, creed, gender, language, religion or political ideology. 3.5 To be responsible for the selection, on merit, of National teams to represent the Association at sport competitions. 3.6 To organize or to co-operate in the organization of seminars and conferences on questions of sport for para-athletes with an intellectual disability; to disseminate relevant information concerning sport activities for para-athletes and to provide medium for the exchange of coaches, officials and athletes. 3.7 To plan and approve the holding of National Championships; Inter- Provincial events and courses. 3.8 To raise funds for realization of the objectives of the Association. 3.9 To borrow or raise money for the Association on such security as the Association may deem fit To utilize any property or income solely in the furtherance of the objectives of the Association, which is prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever, so as to profit any person other than by payment, in good faith, of reasonable remuneration to any officer or employment of the Association for any services rendered to the Association To open and operate a current account with a reputable banking institution and a savings account if needs be To invest any of the monies of the Association not immediately required, upon such securities or otherwise, and in such manner as may from time be determined To purchase, take on lease, or in exchange, or otherwise acquire any movable or immovable property and any rights or privilege whatsoever, which may be deemed necessary, suitable or convenient for the carrying out of the Association s objectives To suspend for a time, or permanently, and/or to terminate the membership of any affiliated body, or any member, Life Member or other officer or official of the Association deemed to be guilty of any misconduct, 4

5 action or statement, which in the opinion of the Council or any disciplinary committee appointed by the Council for this purpose, is considered to be prejudicial to the interest of, or to bring the Association into disrepute or to be defamatory of any body or person associated with the Association To accept such administrative, secretarial and promotional services that may be provided by National Federations and or Government Departments To manage and oversee the classification (eligibility) process for athletes wishing to compete within the intellectually disability classification. ARTICLE 4: STRUCTURE 4.1 The Association shall comprise of the nine (9) duly constituted Provincial Sports Associations for the intellectually impaired. 4.2 The decision making bodies of the Association shall be: The General Assembly The National Council The National Executive Committee. 4.3 Sub-ordinate to the Sports Committee. 4.4 The headquarters of the Association shall be determined by the National Council be a resolution passed by a two thirds majority of those entitled to vote. 4.5 The official languages of the Association shall be English. ARTICLE 5: MEMBERSHIP 5.1 The principles and policies embodied in this constitution must be endorsed and accepted in writing within 60 (sixty) days of the adoption of this Constitution by all provincial Associations; the same obligation applies to any amendments made herein from time to time, failure to comply within the stipulated period mentioned herein will automatically lead to the suspension of such affiliated Province. Provincial Associations shall examine this constitution carefully and decide whether they require amending their own constitutions so as to bring them in line with the principles and policies embodied in the National Constitution. 5.2 Provincial bodies, which permit discrimination for any reason, including race, colour, gender, language, religion or politics, are not eligible for affiliation. 5

6 5.3 All applications for membership to the Association shall be investigated by the executive Committee, which shall make its recommendation thereon to the national Council for consideration. 5.4 The membership of the General Assembly of the Association shall consist of: The members of the National Executive Committee Constituent members. Four (4) members delegated by each constituent provincial Association, one of whom should preferably be a woman and or person of other colour Honorary life members are those who have rendered evident exceptional service to the Association and who are elected by the General Assembly on the recommendation of the National Executive Committee and the National Council, provided that not more than two (2) such Honorary Life Members shall be elected biennially. 5.5 The membership of the National Council shall comprise of the members of the National Executive Committee, National Code Convenors, Provincial Chairpersons and provincial secretaries. 5.6 Membership of the National Executive Committee comprises of the office Bearers of the Association who are elected at the Biennial General Meeting 5.7 Associated members are constituted bodies, which share the interests of the Association whereby both organizations will benefit from the combined expertise. Associated members will be entitled to one seat on the National Council but shall have no voting rights. The National Council shall approve membership and the Executive Committee shall determine the membership fee. ARTICLE 6: OFFICE BEARERS AND OFFICIALS 6.1 The office bearers of the Association, who shall be elected from among its members at the Biennial General Meeting of the General Assembly, shall consist of the following (with voting rights): The National President & National Vice President will be elected from members of the National Council by the general assembly at the Biennial General Meeting The Secretary General, Assistant Secretary, Treasurer, Public Relations Officer and National Sports Convener. 6

7 6.2 The General Assembly may appoint a Patron provided recommendations in this regard are received from the National Executive Committee and the National Council. 6.3 The General Assembly may appoint an Independent Auditor for the financial year 6.4 The chairman or any other member of the Executive of a Provincial Association shall not be prevented from accepting nomination as an office bearer of the Association as described in 6.1 hereof, provided that no more than two (2) such members may be elected from any Provincial Association during the Biennial General Meeting. 6.5 If National Executive member during his/her term of office in the National Association is not on the Executive of the Provincial Association, then he/she will automatically serve as an ex-officio member on the Provincial Association Each office bearer (see 6.1) who holds a position at a National Office, such an office bearer shall cease to occupy any elected position at a portfolio except as an ex-officio member (see 6.5) If a member of our association is elected into an international position by any of our Supreme sport bodies of which our association is an affiliate, such an office bearer shall be co-opted (with no voting rights) in our council The term of office for the following positions shall coincide in the middle of the Olympic Cycle: President, Assistant Secretary, Sport Convener and Public Relations Officer The term of office for the following positions to be held during the Olympic Cycle: Deputy President, Secretary General, Treasurer and National Conveners Each office bearer (see 6.1) shall hold office, such from the conclusion of the Biennial General Meeting at which he/she was elected, until the conclusion of the Biennial General Meeting at which a further election is due in terms of Article 5.6. The National Executive Committee shall fill any vacancy occurring during the period of office for the remaining period of office Any vacancy are occurring during that period of office shall be filled in during the next general council meeting for the remaining term of office All things being equal, it is desirable that, with the exception of persons who are honorary life Members, as defined in Article 4 hereof, including the National Sports Convener shall be a member of an approved Provincial Association The Executive Committee shall deal with the objectives of the Association as set out in Article 3 of this constitution and where applicable make suitable recommendations thereon to the national Council. In addition and 7

8 subject to the approval of the national Council, Executive Committee shall deal with: The collection and receipt of monies by way of bequest, donations, grants, collections or other fund raising methods; The preparation of bye-laws consistent with the objectives of the Association; Any contracts and agreements for the use and benefit of the Association; The institution and defiance if any legal proceedings on behalf of the Association; The affiliation fee payable by the Provincial Association should be paid annually. Should such fee still outstanding by the Biennial General Meeting such a Province shall not be entitled to exercise any voting or any other rights until all amount due has been paid. Even so, the Provincial Association s Championship cannot be held under the umbrella of SASA-PID if such affiliation fees are outstanding. ARTICLE 7: MEETING OF THE ASSOCIATION 7.1 A general meeting of the General Assembly shall be held biennially i.e. the BGM. The business to be transected at this meeting shall include: Correspondence Address by the president Reports from:- Secretary General Treasurer - (Acceptance of the 2 year Audited Financial Statements) Public Relations Officer National Sports Convener Constitutional Amendments Election of Office Bearers & Code Conveners Appointment of Independent Auditors The Awarding of Honorary Life Membership 8

9 7.2 The Notice of Meeting and the Agenda of such meeting shall be send to all members of the General Assembly at least three (3) weeks before the date set for such a meeting. 7.3 Nominations for the elections of executive and code conveners shall be submitted to an Independent Electoral Officer (IEO) twenty one (21) days prior to the Biennial General Meeting. The IEO will be appointed by the National Council. 7.4 The Biennial General Meeting shall preferably be held at the time of the National Championships of the Association. 7.5 A special General Meeting of the General Assembly may be called by the National Executive Committee, National Council or by any 50% + 1 members of the General Assembly on requisition signed by them, addressed to the National Secretary General, stating the business they desire to be considered at such meeting. At least 14 days notice of any such special general meeting shall be given to all members in writing and such notice shall clearly state the business to be brought before such meeting. Only the business set forth on the agenda for the Special Meeting may be considered. 7.6 The National Council shall meet quarterly to consider the business of the Association. Not less than 14 days notice, in writing shall be given to members of the National Council. 7.7 No business shall be transacted at any meeting of the National Council unless a quorum as defined in article 2.7 of the Constitution is present. 7.8 The National Executive Committee shall meet from time to time to deal with all matters arising in the interval between meetings of the National Council and shall submit a detailed report to the National Council. Such report may also include recommendations affecting general policy or principle, which requires the approval of the National Council. In general the Executive Committee shall be responsible for the administration and management of the business and affairs of the Association including its funds and control of expenditure, and shall give effect to all decisions and instructions of the National Council. The Executive Committee is entitled to deal with any urgent matters requiring immediate attention before a meeting of the National Council can be convened. Any action taken shall be reported to the next meeting of the National Council. Four (4) members of the National executive shall constitute a quorum. The National Executive may co-opt any member of the Association in an advisory capacity however; such person or persons shall not have a vote on the executive Committee The Executive Committee shall appoint such sub committees and/or ad hoc committees as may be necessary from time to time to accomplish the objectives of the association. 9

10 7.8.2 In the event of a vacancy occurring during the period of office of an Office Bearer of the Association, bi-elections shall be held in the NGC to elect a person/s to such office for the remaining period. 7.9 The National Sports Committee shall meet from time to time and is charged with the responsibility of correlating and co-ordinating the various sports activities of the Association National Sports Committee shall in addition to the duties set forth in 7.9 above also be charged with the function of the National Selection Committee to make merit selections of athletes to the National Executive Committee for the composition of the National teams. In this regard, the National Selection Committee shall take into account the nominations, received from Provincial Associations and the National Sports Convener regarding the management coaches and support staff to be appointed to accompany National teams. In these nominations, the National Selection Committee shall provide a list in order of merit. The National Executive Committee shall make the final determination in regards to the teams as a whole and is empowered to reduce the number proposed by the National Selection Committee should this be warranted by circumstances In respect of all meetings referred to above, if within half an hour from the time appointed for the holding of such meeting, due notice of which has been given, quorum is not present, such a meeting shall constitute a quorum; save that in the case of a special meeting of the General Assembly or National Council convened at the request of members or of the National Executive Committee where a quorum is not present, such meetings shall be dissolved. ARTICLE 8: RIGHTS OF AFFILIATED PROVINCIAL ASSOCIATIONS 8.1 Affiliated Provincial Associations, in good standing with SASA-II, are entitled to appoint four delegates, who shall have one vote each, at the Biennial Meeting of the General Assembly. 8.2 Provinces shall be represented in a meeting of the National Council by the Chairpersons and the Secretaries. 8.3 Provincial Association may propose motions regarding the development of sport activities or on matters of policy, it being understood that any such proposal received shall, in the first instance, be placed before the National Executive Committee for consideration. 10

11 8.4 Provincial boundaries shall be determined by the national Council from the nine (9) Provincial Political boundaries of South Africa. 8.5 Affiliated Provincial Association subject to compliance with the provisions of the National Constitution and amendments made from time to time as well as any bye-laws made and any general policy decisions as may be adopted from time to time, enjoy autonomy within its approved boundaries in matters of administration and in respect of the utilization of funds raised provided that it does not conflict with the spirit and intention of Article 3.10 of this constitution; furthermore they have the right to determine admission to and termination of membership and to approve in the first instance be placed before the National executive committee for consideration. ARTICLE 9: VOTING RIGHTS AND PROCEDURES 9.1 At meetings of the General Assembly, the National Executive Committee shall cease to have voting rights after it has been dissolved; only constituent province association shall be entitled to a vote: totaling (36) votes of all provinces Voting shall be done by show of hands except when so resolved by a majority vote; it shall be by ballot; however, in the case of the elections of the Office bearers of the Association, voting shall be done by secret ballot on the form provided for this purpose Should a ballot be necessary to determine the voting for an office Bearer of the Association, the General Assembly shall approve the appointment of a Returning Officer and two scrutinizers to oversee the counting of the votes. Those who are entitled to vote are not eligible for appointment. A form signed by the Returning officer and the two scrutinizers shall indicate the result of a ballot. In the event of a tie the voting for an officer Bearer, a second ballot shall be held In the event of only one person being nominated for a particular office on the National Executive Committee, the Electoral officer shall at the biennial General meeting of the General Assembly formally declare that person duly elected At the meeting of the National Council, each member of the National Council and the National Executive Committee shall be entitled to exercise one (1) vote At the meeting of the National Executive Committee each member shall be entitled to exercise one (1) vote At the meeting of the National Sports Committee and meetings of sub committees of each, every member shall be entitled to exercise one vote, except for the Chairman of such committees or sub committees who shall 11

12 in the event of an equality of votes be entitled to exercise a casting or second vote in addition to a deliberative vote. ARTICLE 10: FINANCIAL YEAR 10.1 The financial year of the National Association shall be from 1 st April to 31 st March of the following year. ARTICLE 11: AMENDMENTS TO THE NATIONAL CONSTITUTION 11.1 The National Constitution may only be amended at the Biennial General Meeting of the General Assembly or a Special General Meeting of the General Assembly specially convened to consider such matters, such amendment(s) are approved by a majority of not less than two thirds (an extra ordinary resolution) of those present and entitled to vote. Any such amendments require the prior consideration of the National Executive Committee and the National Council before being put on an agenda of the General Assembly, not later than 30 days before this meeting. ARTICLE 12: TERMINATION OF MEMBERSHIP OF PROVINCIAL ASSOCIATIONS 12.1 In pursuance of Objective 3.14 hereof, the National Executive Committee is empowered to take immediate action to either suspend for a time, or recommend permanent termination of membership of a Provincial Association should it not function. Similarly, the National Executive is empowered to take action in respect of any Member, Life member or other Official pursuant to Article 3.14 ARTICLE 13: CONSTITUENT PROVINCIAL ASSOCIATIONS FUNCTIONS AND OBLIGATIONS 13.1 The financial year of Provincial Associations shall be the same as for the National Association (1 st April 31 st March in the following year) and it is a requirement that the accounts shall be audited within four months after the end of the financial year (30 th June) and a copy there of shall be sent to the National Treasurer, should it be requested, such copy being certified by the signature of the Chairman and Secretary of the Province A copy of the approved Constitution of Provincial Associations shall be forwarded to the National Secretary General. Amendments made thereof may only be made at an Annual General Meeting convened for this 12

13 purpose and copies of any such amendments shall likewise be sent to the National Secretary General who shall report thereon to the National Executive Committee On letterhead of Provincial Associations there shall appear the words: Affiliated to the South African Sports Association for the Intellectually Impaired for para-athletes with an Intellectually Disability. ARTICLE 14: DISSOLUTION CLAUSE 14.1 The Association may be dissolved if at least two thirds of the members present and voting at a meeting of the General Assembly convened for the purpose of considering such matter are in favour of dissolution. Not less than twenty one (21) days notice shall be given of such meeting and the notice convening the meeting shall stand adjourned for not less than one week and the members attending the adjourned meeting shall constitute a quorum If upon dissolution of the Association there remain any assets whatsoever after the satisfaction of all its debts and liabilities, such assets shall not be paid to or distributed among the members of the Association but shall be given to such other organization(s) having similar objective and which have been duly authorized to collect funds in terms of the Fund-raising Act of 107 of 1978, as may be decided by the members at such general meeting at which it was resolved to dissolve the Association, and in default thereof, by the Director of Fundraising. PRESIDENT DATE SECRETARY GENERAL DATE 13