|
Southbroom Golf
Club Constitution
INDEX TO THE CONSTITUTION
1.
NAME
2. OBJECTS
3. RULES OF THE GAME
4. POWERS OF THE CLUB
5. MEMBERSHIP
6. APPLICATION FOR
MEMBERSHIP
7. RIGHTS OF MEMBERSHIP
8. LIABILITIES OF
MEMBERS
9. MEMBERS BOUND BY THE
RULES AND REGULATIONS
10. ENTRANCE FEE
11. SUBSCRIPTIONS
12. MEMBERSHIP ALTERATION &
REINSTATEMENT
13. FINANCIAL YEAR
14. COMMITTEE
15. ELECTION OF THE COMMITTEE
16. PRESIDENT AND CAPTAIN
17. POWERS OF COMMITTEE
18. MEETINGS OF THE COMMITTEE
19. CHAIRMAN OF COMMITTEE
20. SUB - COMMITTEES
21. LIABILITY OF COMMITTEE
22. GENERAL MEETINGS
23. ANNUAL GENERAL MEETINGS
24. SPECIAL GENERAL MEETINGS
25. NOTICE OF ANNUAL GENERAL
MEETING
26. CHAIRMAN AT GENERAL MEETINGS
27. QUORUM AT MEETINGS
28. VOTING AT GENERAL MEETINGS &
ADJOURNMENTS
29 CASTING VOTE AT GENERAL
MEETINGS
30. BUSINESS AT ANNUAL GENERAL
MEETINGS
31. MISCONDUCT OF MEMBERS
32. EXERCISE OF POWERS BY
COMMITTEE
33. RIGHT OF APPEAL
34. ALTERATIONS AND INTERPRETATIONS
OF CONSTITUTION
35. DISSOLUTION AND LIQUIDATION
36. COMMENCEMENT OF THIS
CONSTITUTION
37. ANNEXURE A -
LADIES SECTION
1. NAME
The name of the Club shall be SOUTHBROOM GOLF CLUB
2. OBJECTS
The objects of the Club are:
-
Primarily to provide ground and facilities to foster
the game of golf;
-
To provide such amenities and services as may be
desirable in the interest of the members of the
Club.
-
To supply food and refreshments and conduct social
functions;
-
To do all things necessary or incidental to the
running of the Club and the provision of facilities
for other sports and amenities which do not conflict
with the primary object of the Club.
3. RULES OF THE GAME
The Rules of the Game shall be those of the Royal and
Ancient Golf Club at St. Andrews and such rules as may
from time to time be framed by the Committee.
4. POWERS OF THE CLUB
The Club shall be entitled to exercise all such powers
and authorities as are conferred upon it by this
Constitution and as are or may be vested in it by
operation of law, provided that the Club shall under no
circumstances have the power or be permitted to
distribute any of its profits or gains to any person,
and shall utilise its funds solely for investment or for
the objects for which it is established, and shall in
particular have the following powers:-
-
To erect, construct, maintain, improve, alter,
demolish, replace, repair, renovate, manage or
control any buildings, erections, or other
improvements upon the land at any time owned by the
Club, or over which it enjoys a right of occupation.
-
To develop and lay out the grounds of the Club by
the establishment of such gardens, and other
facilities as are necessary to enable it to fulfil
its objects, and to maintain and improve same.
-
To borrow, collect or raise money and in particular
by means of subscriptions, entrance fees, levies and
debentures with or without security.
-
To apply to any licensing authority for the grant to
the Club of any licence it may require for the
proper conduct of its affairs, to accept transfer of
any existing licences, and to cede, transfer, amend
or otherwise deal with the same, and to apply for
the renewal thereof from time to time.
-
To establish Pension, Provident and Medical Aid
Schemes for the benefit of, and to grant pensions,
allowances, gratuities and bonuses to, employees or
ex-employees of the Club, or the dependants of such
persons and to support or subscribe to any
charities, clubs, institutions, or societies.
-
To lend money, either with or without security to
permanent employees of the club subject to the
approval of the Committee.
-
To do all such other things as are incidental or
conducive to the attainment of all or any of the
aforegoing powers.
5. MEMBERSHIP
Membership
of the Club may be granted in any one of the following
categories:-
5.1
a) Ordinary Members
i) Men
ii) Ladies
b) Life Members
c) Honorary Life Members
d) Senior Members
e) Appointed Members
f) Country Members
g) Honorary Members
h) Social Members
i) Temporary Members
j) Junior Members
k) Student members
l) Reciprocity Member
m) Special Members
a) An Ordinary Member:
Shall be any person over the age of 18 duly elected to
ordinary membership.
b) A Life Member:
Means a member who, in terms of the constitution of the
Club in force in 1940, paid the required sum of money to
convert his membership to that of a Life Member.
c) An Honorary Life Member
Shall be any existing Member who is elected to this
category of membership in a General Meeting on
recommendation of the Committee in recognition of some
special benefit or service rendered to the Club.
d) A Senior Member
Shall be any member who has been an ordinary members for
at least five years and who has attained, or within 6
months of the start of the financial year of the Club
will attain, the age of 70 years (ladies 65) and who is
granted this status upon written application.
e) Appointed Member:
Shall be any person holding any office in the Club and
who is duly appointed to this category of membership by
the Committee.
f) A Country Member
Means a member already appointed to this category at the
date of this Constitution, but the Committee reserves
the right to re-introduce this class of membership if
deemed fit.
g) An Honorary Member:
Shall be any person admitted to the Club by the
Committee by reason of such person holding some public
office or having conferred some special benefit to the
game of golf.
h) A Social Member
Shall be any member duly elected to Social membership or
any member who has elected to transfer membership to
that of Social member. Members transferring to Social
membership may transfer their membership back to any
playing category of membership at any time. Social
members are entitled to full use of the Clubhouse
facilities only.
i) A Temporary Member
Shall be a person engaged at the Club in any match or
competition:-
Provided that :-
a) the period of such membership shall be limited to
the actual day or days during which such person is
actually engaged at the Club in such match or
competition and
b) the Club, shall have
the right in its absolute discretion to withdraw such
membership summarily at any time;
j) A Junior Member:
Shall be a person who, being under the age of 18 years,
has been elected a Junior Member and who shall be
entitled to the use of Club facilities in accordance
with regulations laid down by the Committee.
k) A Student Member
Shall be any person over the age of 18 years and under
the age of 25 years, who is duly elected to Student
Membership is a registered student at a university,
college or other institute of learning including
articles, housemanship, apprenticeship etc, and who
shall be entitled to use the Club facilities in
accordance with regulations laid down by the Committee.
l) A Reciprocity Member
Shall be a member of another Club with which a formal
reciprocal arrangement of membership has been concluded.
m) A Special Member
Shall be a person who in view of special services to the
Club, is appointed to this category of membership by the
Committee for any period not exceeding one year and
under such terms and conditions as the Committee may
impose.
5.2 Members of the categories 5.1 a) to 5.1 f)
above shall be deemed to be Full Members of the Club.
6. APPLICATION FOR MEMBERSHIP
6.1 A person desiring to be a member shall submit
an application in the form prescribed by the Committee
and shall be proposed by a member and seconded by a
member to both of whom such person shall be personally
known. Both the Proposer and Seconder must be a Full
Member of at least 2 ( two) years standing.
6.2 No person shall be elected a member of the
Club less than 14 (fourteen) days after nomination and
without his or her name having been displayed in the
Clubhouse for that full period. Objections to any
applicant must be lodged with the Club in writing within
the last day of the display.
6.3 The applicant shall complete and sign the
application form and shall furnish the name of four
members to whom reference shall be made and who shall
complete the relevant portion of the form.
6.4 The Committee may call for such additional
references or information and take steps as it deems
appropriate to determine the suitability of the
applicant.
6.5 The election of a member shall be by the
Committee, with power of deferment should further
investigation be necessary if any objection is lodged.
Should one third of the Committee present at the
relevant meeting vote against acceptance, such applicant
shall be refused membership.
6.6 No candidate who has been rejected for
membership shall again be eligible for election until 6
(six) months have expired from the date of such
rejection.
6.7 If the application is successful the
applicant’s name shall be placed on a waiting list until
a vacancy occurs in the membership of the relevant
category. If there is no waiting list, the applicant
shall become a member on election.
6.8 The Committee shall be entitled to grant
precedence in election to membership to any person who
has rendered valuable service in the interest of golf or
is an outstanding player or is a child or ward of a
member or for any other reason considered good and
sufficient. Save as aforesaid no applicant shall be
given priority over another.
7. RIGHTS OF MEMBERSHIP
Membership of the Club does not and shall not give to
any member of any category any right, title, interest,
claim or demand in or to any of the monies, property or
assets of the Club, but only confers upon such member
the right and privilege of entering into and upon the
grounds and erections of the Club, and to use the same
in accordance with the uses to which they are devoted by
the Committee of the Club, and subject to such
restrictions and charges as the Committee may from time
to time impose, and subject to the Rules, and
Regulations of the Club from time to time in force.
8. LIABILITIES OF MEMBER
In the event of the Club being wound up, there shall be
no liability incurred by any member other than in the
respect of his or her unpaid subscription and any
article or money he or she may owe to the Club.
9. MEMBERS BOUND BY THE RULES AND REGULATIONS
The payment by or on behalf of a member of his or her
first subscription shall be acknowledgement on the part
of such member that he or she is bound by the Rules and
Regulations of the Club, that have been or may hereafter
be made by the Committee, and that he or she accepts the
ruling of the Committee in all cases, and no person
shall be absolved from the effects of the Rules and
Regulations in the plea of not having received a copy of
them.
10. ENTRANCE FEE
10.1 The Committee in its discretion shall from
time to time determine:
10.1.1 The entrance fee payable for each category
of membership and shall have the right to decrease the
entrance fee in particular circumstances of individual
cases.
10.1.2 The entrance fee, if any, to be paid by a
member who transfers from one category of membership to
another.
10.2 The Committee may, in its discretion, decide
upon any reduction of entrance fee for the immediate
family of a Full Member. The immediate family will
include the members’ spouse or partner and dependants up
to the age of 21, unless a dependant is a full-time
student, in which case the age limit shall be 25.
11. SUBSCRIPTIONS
11.1 The annual subscription of members in the
various categories shall be such amount as the Committee
may from time to time determine, but no increase in
excess of 20% (twenty percent) above the prevailing fee
may take place without the approval of full members
given at a General Meeting or a Special General Meeting.
11.2 Honorary Members, Honorary Life Members,
Life Members and Appointed Members shall not be obliged
to pay any subscriptions imposed by the Committee.
11.3 The Committee may, at its absolute
discretion, remit the whole or part of the subscription
of any member for such a period and on such terms and
conditions as the Committee shall deem fit. Any
dispensation granted by the Committee in terms shall be
conveyed to the Member in writing and be duly recorded
as a minute of such decision of the Committee.
11.4 Subscriptions are payable in respect of the
Club’s financial year and shall become due on the first
day of September of each year.
11.4.1 Any member whose subscription has been in
arrears for three calendar months shall be liable to
have his or her name posted in the Clubhouse as being in
arrears, and if such member fails to pay the amount due
within one month from the date of the name being posted
as aforesaid, the Committee shall be at liberty to erase
his or her name from the list of Members of the Club;
but such member may be reinstated by the Committee at
its discretion, subject to such terms and conditions as
the Committee may impose: provided, however, that before
such member’s name be posted as aforesaid a notice
calling upon him or her to pay the arrear subscription
within 14 days (fourteen) days shall be sent to such
member by registered post.
11.4.2 A minute of the Committee Meeting stating
that any member subject to notice, has had such notice
duly sent, and that his or her name has been duly posted
in the Clubhouse in accordance with 11.4.1 shall be
conclusive evidence that such notice was duly and
properly given, and that such posting had duly and
properly taken place;
11.4.3 A member who has not paid his or her
subscription within 4 (four) months after it became due
shall not be allowed to continue as a member or exercise
any of the privileges of membership while his or her
subscription is unpaid.
11.5 A member whose name is posted in the
Clubhouse as provided in 11.4.1 shall not be allowed the
privileges of the course or the Clubhouse, nor be
eligible to vote at any meeting.
12. MEMBERSHIP ALTERATION AND REINSTATEMENT
12.1. A member may on written application
transfer his or her membership to another category of
membership for which he or she is eligible.
12.1.1 Junior and Student members shall
automatically progress to the next highest level of
membership applicable, based on status and age without
having to pay an additional entrance fee.
12.1.2 Other categories of membership not
specified in 12.1.1 will be liable to pay the
differential in entrance fee between an existing
category of membership and that to which they choose to
transfer in the year in which transfer is effected at
the discretion of the Committee.
12.2 Former members who have relinquished their
membership of the Club for any reason, may be
re-admitted to membership on such terms and conditions
as the Committee may determine in each particular case.
13. FINANCIAL YEAR
The financial year of the Club shall end on 31st August
each year.
14. COMMITTEE
14.1 The affairs of the Club shall be governed
and managed by a committee of eight persons, consisting
of six Executive Members including Chairman, Captain,
Vice Captain and three others and two Ex Officio Members
being the President and Director of Golf .
14.2 Full Members who have been members of the
Club for 2 (two) years shall be eligible for election to
the Committee.
14.3 The Captain of the Ladies Section shall be
co-opted as a member of the Committee for each meeting
for such time as may be necessary for her to bring to
the attention of the Committee those matters that affect
the Ladies Section.
14.4 The Committee shall permit Lady Members to
form a Ladies Section and to conduct their affairs of
this Section in accordance with the provisions approved
by the Committee which affairs may not be in conflict
with this constitution. Conduct of the affairs of the
Ladies Section are set out in Annexure A to this
Constitution
15. ELECTION OF THE COMMITTEE
15.1 The Executive Members of the Committee shall
be elected at the Annual General Meeting, or a Special
General Meeting called for such purpose, from Full
Members of the Club, and shall hold office until the
next Annual General Meeting.
15.2 A retiring member of the Committee shall be
eligible for election to any position on the Committee
without written nomination provided notice of his
intention to do so is posted on the Notice Board at
least six days prior to the Meeting. A member other than
a retiring member of the Committee, shall be eligible
for election to the Committee only if a nomination
signed by two Full Members and endorsed with the consent
of the nominated member has been received by the Club at
least 6 (six) days prior to the date of the Meeting.
15.3 At the first meeting of the Committee after
the Annual General Meeting there shall be elected a
Chairman and a Vice Captain.
15.4 The Committee shall cause to be formed
sub-committees comprising of Grounds, Finance, Audit,
and House Committees and any other sub-committees as may
be necessary.
16. PRESIDENT AND CAPTAIN
16.1 A President shall be elected at an Annual
General Meeting of the Club and shall hold office for a
period of two years. The nominee shall have served at
least one full year on the Committee during a six year
period immediately preceding nominations for the
position.
16.2 In the event of a new President being
elected at an Annual General Meeting the past President
shall automatically be eligible for election as one of
the Executive Members of Committee to be elected at the
Annual General Meeting.
16.3 A Captain for the ensuing year shall be
elected at the Annual General Meeting from among the six
Executive Members elected to the Committee.
16.4 Should there be more than one nomination for
the position of President or Captain a ballot shall be
taken.
17. POWERS OF THE COMMITTEE
17.1 The Committee shall have the power and
authority to do any act, matter or thing which could or
might be done by the Club excepting such matters as are
in this Constitution specially reserved to be dealt with
at a General Meeting.
17.2 The Committee shall in addition to the
general powers and authorities granted to the Committee
by this Constitution have the following special powers:
17.2.1 To appoint a Director of Golf;
17.2.2 To appoint, suspend or discharge any
employee of the Club and to fix their remuneration and
terms of employment;
17.2.3 To fix or amend from time to time tariffs
and charges including green, playing and locker fees and
caddies’ remuneration;
17.2.4 To institute, conduct, defend, compound or
abandon any legal proceedings by or against the Club, or
its officers, or otherwise concerning the affairs of the
Club;
17.2.5 To make, vary and repeal Rules for the
Regulations for the running of the affairs of the Club,
its officials and servants, provided that such Rules and
Regulations do not conflict with the Constitution; the
Committee shall cause all Rules and Regulations which it
brings about to be recorded in a special register
therefor which shall be maintained by the Club and
available for inspection by members at all reasonable
times.
17.2.6 To grant consent to persons, upon such
terms as the Committee may think fit, or to refuse
consent in its discretion;
17.2.7 To hold competitions and tournaments, and
to make any special arrangements therefor, and to set
aside the Club’s grounds, or any part thereof, for any
special purpose whatsoever;
17.2.8 To arrange terms of reciprocity with other
Clubs;
17.2.9 To obtain and hold any licences or
authorities which may be required to enable the Club to
exercise any of its rights or functions;
17.2.10 To co-opt, at their discretion, a member
or members for any purpose;
17.2.11 To fill such vacancies amongst their
number as may occur during their term of office;
17.2.12 To acquire by purchase or lease:-
a) Any Capital equipment
or immovable property, limited to:-
i) An amount approved, for the forthcoming year, by
members at an Annual General Meeting
or
ii) An amount approved by members at a General
Meeting .
Capital Expenditure shall be defined as expenditure on
capital items as contemplated by GAAP (Generally
Accepted Accounting Practice).
b) In the event of an
emergency, any capital equipment necessary for the
proper upkeep and running of the
Club, without the prior consent of General Meeting, but
subject to the unanimous approval of the members present
at a properly constituted meeting of the Committee
confirming the urgent nature of the purchase and taking
cognisance of the financial position of the Club and the
ratification thereof by members at the following Annual
General Meeting.
17.2.13 To authorise by resolution any two
members of the Committee to sign on behalf of all the
members of the Club all Powers of Attorney, contracts,
agreements or other deed or documents requiring
signature;
17.2.14 To fill any vacancy occurring in the
position of Auditor.
17.2.15 To raise and borrow money for the Club
17.2.16 To determine the maximum number of
members permitted in any category;
17.2.17 To discipline members for any misconduct
in terms of this Constitution;
17.2.18 To deal with any conditions or
circumstances arising for which specific provision is
not provided for in this Constitution or in the Rules
and Regulations of the Club.
18. MEETINGS OF THE COMMITTEE
18.1 The Committee shall meet once every month or
more often as occasion requires.
18.2 Two clear days notice at least shall be
given of all meetings of the Committee, unless all
members of the Committee agree to accept shorter notice.
18.3 At all meetings of the Committee, four shall
constitute a quorum.
18.4 Any member of the Committee absenting
himself or herself without leave from more than three
consecutive meetings, of which due notice has been
given, shall cease to be a member of the Committee,
provided that such three meetings do not take place
within a period of thirty days.
18.5 A meeting of the Committee may be convened
at the request of the Chairman or on the written request
of at least two members of the Committee.
18.6 Voting procedure:
All decisions at Committee Meetings shall be decided by
a majority of votes,unless otherwise specified herein,
and the declaration of the result by the Chairman shall
be conclusive.
The Chairman of a Committee meeting shall have a casting
vote in addition to a deliberative vote.
19. CHAIRMAN OF THE COMMITTEE
The Chairman or in his absence the Captain or in his
absence a member elected by the members present shall be
Chairman of the Committee. The Chairman of any meeting
shall have a casting vote in addition to his
deliberative vote.
20. SUB - COMMITTEES
20.1 The Committee shall have power to appoint
Sub-Committees for any purpose and to delegate to
Sub-Committees such powers as may be deemed desirable.
20.2 The Chairman shall be an ex-officio member
of all Sub-Committees
21. LIABILITY OF COMMITTEE
The members of the Committee and Sub-Committees are
hereby indemnified and held harmless against any loss or
damage that may be suffered as a result of endeavours
made by them in good faith to give effect to the duties
and powers vested in them.
22. GENERAL MEETINGS
22.1 Only Full Members shall be entitled to vote
at General Meetings.
22.2 Notice of the date and hour of all General
Meetings shall be posted in the Clubhouse, and emailed
or posted to all members entitled to attend and vote at
the meeting at their addresses reflected on the
Membership Roll, at least 14 (fourteen) days prior to
the date of such meeting. All General Meetings shall be
held in the Clubhouse.
22.3 The accidental omission to send a notice to
any member shall not invalidate the Meeting.
23. ANNUAL GENERAL MEETINGS
23.1 An Annual General Meeting shall be called
for not later than four months after the commencement of
the financial year. The financial year shall commence on
the 1st September.
23.2 The quorum at an Annual General Meeting
shall be twenty full members.
23.3 No provision of this constitution shall be
repealed, amended or substituted and no new rule made
save by a resolution carried by at least two-thirds of
the Full Members present and voting at a General or
Special General Meeting of which due notice of the
proposed alteration has been given.
24. SPECIAL GENERAL MEETINGS
24.1 Special General Meetings may be called by
resolution of the Committee, or on a requisition
addressed to the Chairman signed by not less than
fifteen Full Members.
24.2 The requisition shall set forth clearly the
business for which such Special General Meeting is to be
convened and the resolution which is to be proposed.
24.3 Only such business shall be considered at a
Special General Meeting as has been specified in the
notice of the meeting.
24.4 A special General Meeting requisitioned by
fifteen members shall be convened by the Chairman within
30 (thirty) days of his receipt of such requisition
provided that no such meeting shall be convened if the
business of the Meeting shall be to consider what in the
opinion of the Committee is substantially the same as
that at the General Meeting held less than 12 (twelve)
months previously.
25. NOTICE OF ANNUAL GENERAL MEETING
25.1 Notice of the date and hour of the Annual
General Meetings shall be posted in the Clubhouse, and
emailed or posted to all members entitled to attend and
vote at the meeting at their addresses reflected on the
Membership Roll, at least 14 (fourteen) days prior to
the date of such meeting. All Annual General Meetings
shall be held in the Clubhouse.
25.2 The notice of the Annual General Meeting
shall include the Report of the Committee, an Audited
Financial Statement of the affairs of the Club for the
previous year and a summary of the Capital Expenditure
budgets and estimates.
26. CHAIRMAN AT GENERAL MEETING
The Chair at all General Meetings shall be taken by the
Chairman or in his absence the Captain or in his absence
the President.
27. QUORUM AT MEETINGS
27.1 The quorum for a General Meeting shall be
twenty full members Should no quorum be present within
15 (fifteen) minutes after the time fixed for the
meeting, the meeting shall, in the case of an Annual
General Meeting or a Special General Meeting called by
the Committee, be postponed to the same place, day and
hour in the following week, and at such adjourned
meeting those members present shall be deemed to be the
quorum for the transaction of all business of the
meeting.
27.2 In the case of a Special General Meeting
called by requisition of members, if no quorum be
present within the time specified above, the meeting
shall be dissolved.
28. VOTING AT GENERAL MEETINGS AND ADJOURNMENTS
28.1 A General Meeting may be adjourned from time
to time by a majority of votes
28.2 Unless otherwise provided in this
Constitution:
28.2.1 all decisions at General Meetings shall be
decided by a majority of votes and the declaration of
the result by the Chairman shall be conclusive;
28.2.2 all votes other than for election of
members of the Committee shall be taken by a show of
hands unless a ballot is demanded by not less than ten
members, in which event the Chairman shall fix the time
and mode of such ballot. All votes for members of the
Committee shall be by ballot.
28.2.3 Voting procedure
Members must vote for at least the minimum number of
candidates necessary to fill the committee. A spoilt
paper will be considered one where there are less or
more votes than the vacancies to be filled.
29. CASTING VOTE AT GENERAL MEETINGS
In all cases of an equality of votes at General
Meetings, the Chairman shall have a casting vote.
30. BUSINESS AT ANNUAL GENERAL MEETINGS
The business to be transacted at the Annual General
Meetings shall be:
30.1 To confirm the Minutes of the previous
General or Annual General Meetings;
30.2 To receive the Report of the Committee on
the affairs of the Club;
30.3 To receive and consider the Audited
Financial Statement for the preceding year;
30.4 To receive and consider the Proposed Capital
budgets for the ensuing year and estimates for the year
thereafter.
30.5 To elect the Committee for the ensuing year;
30.6 To elect Honorary Life Members, if any,
recommended by the Committee, of which notice has been
given;
30.7 To appoint an Auditor;
30.8 To consider resolutions concerning the
affairs of the Club, of which notice has been given
within two months from the start of the new financial
year.
30.9 To consider any business concerning the
affairs of the Club.
31. MISCONDUCT OF MEMBERS
31.1 Should any member in the opinion of the
Committee, commit any wilful breach of the Constitution
or the Rules and Regulations of the Club, or be guilty
of improper, dishonest or unworthy conduct, or fail to
make any payments of monies due to the Club after due
notice, or be guilty of conduct unbecoming or
prejudicial to the interests of the Club, whether within
the Club’s precincts or outside them, or become
insolvent, the Committee shall have the power :-
31.1.1 To reprimand such member;
31.1.2 To call upon such member to rectify any
misconduct;
31.1.3 To expel such member;
31.1.4 To deprive such member of any or all
rights and advantages of his or her membership during
such time or period as the Committee in its absolute
discretion may deem fit and advisable;
31.1.5 To call upon such member in writing to
resign, and if he or she fails to resign, within 30
(thirty) days of the date of such request, to expel such
member;
31.1.6 To call upon such member in writing to
appear before the Committee and there explain his or her
conduct and should such member fail to appear when
called upon, to expel or otherwise deal with such member
as provided in this Constitution;
31.1.7 Declare such member ineligible for
re-election
32. EXERCISE OF POWERS BY COMMITTEE
In exercising the powers conferred by clause 31 hereof,
the Committee shall be bound by the following
provisions:
32.1 Any action taken by the Committee under the
provisions of 31.1.3, 31.1.4, 31.1.5, 31.1.6 or 31.1.7
above shall not entitle any member so dealt with, to a
refund in either part or whole of any entrance fee or
subscription which has been paid in terms of this
Constitution.
32.2 No member shall be dealt with in terms of
the provisions of 31.1.3; 31.1.4; 31.1.5, 31.1.6 or
31.1.7above, unless and until the Committee shall have
given him an opportunity to appear before it at such
time and place as it may deem fit to explain or justify
his conduct, and at such hearing the Committee shall
determine the procedure to be adopted. The Committee
shall have the power to summon any member or request any
other person to appear before it to give evidence for or
against such member, and any such member shall have the
like power to tender the evidence of any member or any
other person he may deem fit.
32.3 All communications between the Committee and
a member dealt with in terms of 31.1.3, 31.1.4, 31.1.5,
31.1.6 or 31.1.7 shall be confirmed in writing.
33. RIGHT OF APPEAL
33.1 Any member expelled or called upon to resign
by the Committee, shall have the right to appeal against
the Committee’s decision to a Special General Meeting of
full members by giving notice to that effect to the
Committee within 1 (one) month of its decision.
33.2 Such Special General Meeting shall be
convened without delay after the member concerned has
notified in writing his or her desire thus to appeal and
has deposited with the Club a sum of money which, in the
opinion of the Committee, would be sufficient to cover
all reasonable expenses which would be incurred in
convening and holding the Special General Meeting.
33.3 Only in the event of the member’s appeal
proving successful shall the deposit be refunded.
33.4 Where an appeal has been lodged in respect
any decision of the Committee, the Committee’s decision
shall remain in abeyance, but the member concerned
shall, from the date of such decision until the decision
of the Special General Meeting, be precluded from all
privileges of membership.
33.5 A special General Meeting convened to hear
an appeal in terms of this clause shall have the power
to confirm, revoke or vary the decision of the Committee
within the terms of clause 31hereof.
34. ALTERATIONS AND INTERPRETATIONS OF THE
CONSTITUTION
Any addition, or alteration to the Constitution shall
require the sanction of a majority of not less than
two-thirds of the members present at a General Meeting.
35. DISSOLUTION AND LIQUIDATION
35.1 The Club may be dissolved by a resolution
passed at any special meeting called for that purpose
provided that such resolution is passed by a majority of
two - thirds and further, that such resolution is
confirmed at a Special General Meeting held not less
than one month thereafter by the majority of members
entitled to vote thereon.
35.2 Upon winding - up or liquidation of the
Club, all its assets remaining after the satisfaction of
its liabilities shall be given or transferred to some or
other Club, having objects similar to those of the Club.
35.3 Upon winding-up or liquidation of the Club,
none of its assets remaining after the satisfaction of
its liabilities shall be distributed to any member of
the Club.
36. COMMENCEMENT OF THIS CONSTITUTION
This constitution shall come into effect on adoption and
the previously existing Constitution shall then stand
repealed, provided that anything done under previously
existing Constitution shall be presumed to have been
done in terms of the corresponding provision of this
constitution.
37. ANNEXURE A - LADIES SECTION
37.1.1 The Lady Members accept the Rules and
Constitution of the Southbroom Golf Club, but reserve
the right to conduct the affairs of their section in
accordance with the wishes of the Lady Members, with the
approval of the Committee of the Club in terms of clause
14.3 of the Constitution.
37.1.2 The Lady Members adhere to the provisions
of this annexure A in the Conduct of their affairs and
may, with the approval of the Committee and by simple
majority vote at any AGM of the Ladies Section, amend
annexure A.
37.2.1 The affairs of the Ladies Section shall be
conducted by a committee elected at an Annual General
Meeting of Lady Members convened in the same manner as
that set out for members of the Club in clause 25.1 of
the Constitution.
37.2.2 The Annual General Meeting of Lady Members
shall be convened not later than one week prior to the
A.G.M. of the Club.
37.3 At the A.G.M of Lady members there shall be
elected a Committee of Lady Members consisting of a
Captain and a minimum of 5 and a maximum
of 6 members, all of whom shall be Lady Members and one
of whom shall act as Honorary Secretary to the Ladies
Section and 4 of whom shall form a quorum. Lady members
must have served at least 1 year on the Ladies Committee
to be eligible for election as Captain.
Committee members elected must have been full members at Southbroom Golf Club for at least 1 year.
37.4 The Honorary Secretary shall post the
nominations of Captain and Committee on the Ladies
Notice board 6 days prior to the Ladies Annual General
Meeting. A proposer, seconder and the nominee must sign
these nominations. Nominees
for the office of Lady Captain, if defeated in a ballot,
will ipso facto be eligible for immediate nomination as
Lady Vice-Captain, and nominees defeated in ballot, will
ipso facto be eligible for immediate nomination
to the Committee.
37.5 The Lady Captain and Lady Vice-Captain
shall, ipso facto, be Chairman and Vice Chairman of the
Ladies Committee.
37.6 A Lady President shall be elected by the
Lady Members at an A.G.M of Lady Members and will hold
office for a period of 2 years, but may be re-elected
for a further term of office. The Lady President shall,
ex officio, be a Member of the Ladies Committee and
shall have a casting vote .
37.7 The Committee at their discretion shall have
the right to co-opt any Lady Member for any purpose. All
other office bearers will be elected at the meeting of
the Committee after the Ladies Annual General Meeting.
37.8 The Ladies Committee shall present a
statement of its financial affairs at the Ladies A.G.M.
and a copy thereof shall be made available to the
Chairman of the Club prior to the A.G.M. of the Club. |