Constitution

Northern Cape Golf Union Constitution

1) NAME
The name of the Union shall be the Northern Cape Golf Union.
2) HEADQUATERS
The Headquarters of the Union shall be at such places as the Union may decide from time to time.
3) TERRITORY
The territory under the jurisdiction of the Union shall be the Northern Cape as defined by South African provincial boundaries. This territory can also be influenced by the South African Golf Association from time to time.
4) JURISDICTION AND STATUS OF THE UNION
The Union is the controlling body by amateur golf in the territory and its purpose is to coordinate the activities of its members and to ensure the maintenance of the tradition of amateur golf in the territory. The Union is a body with legal capacity and persona. It shall be separate from that of its members and shall be capable of suing and being sued in its own right.
5) OBJECTS
The objects of the union are:
a) To promote, advance, encourage and foster the game of golf within the territory in the interests of its members and their players.

b) To bring about and maintain close co-operation between its members.

c) To guide and assist members in the administration and general conduct of the game of golf.

d) To promote and encourage the holding of golf competitions, championships, and tournaments on the golf courses of its members and to assist in the conduct and control thereof.

e) To formulate, control and regulate the conditions governing golf competitions in the territory under the auspices of the Union.

f) To assist members in the settlement of disputes and differences or in the interpretation of the Rules of Golf and to give decisions and/or rulings on all such matters and complaints about members or players that may arise or be submitted to the Union.

g) To raise funds as it may deem fit and to administer such funds on behalf of the Union.

h) To formulate and prescribe rules of conduct and etiquette to be observed by members and players and to take such steps as may be necessary to ensure that these are observed.

i) To become a member of any other sporting body as may be decided upon.
6) MEMBERSHIP
a) A membership of the Union shall be open to all.

i. Golf Clubs in the territory situated within the area of jurisdiction of a Sub-Union.
ii. Sub-Unions in the territory consisting of three or more Clubs situated in a defined portion of the territory. The area of jurisdiction of a Sub-Union shall be defined by the Union.

b) Application for membership shall be made to and dealt with by the Executive and reported to the next Annual General Meeting.

c) A copy of the Constitution and Rules of the Club, together with the name of the Executive Officers and the number of its members shall be forwarded with its application to the Secretary of the Union. The Union Executive, on being satisfied that the applicant is a bona fide Club and that it is desirable for same to be a member of the Union, may grant its membership.

d) A person may be elected as honorary member by an Annual General Meeting of the Union after being proposed and seconded by members of the Union in writing and received by the Secretary at least three months prior to an Annual General Meeting and approved of by the Executive.
7) MEMBERSHIP FEES AND LEVIES
a) Each member shall pay the Union an annual membership fee as determined by the Annual General Meeting from time to time and also such further levies as may be prescribed from time to time at an Annual General Meeting of the Union or at a Special General Meeting of the Union called for this purpose.

b) Membership fees and levies shall be paid not later than 31st March of each year.

c) An annual membership fee payable by a member shall be based per capita on the number of members for whom a handicap is being administered by the Club or Sub-Union on the 1st of January of each year. All new members registering after the 1st of January shall also be liable for the same membership fees and levies. This is to be paid at least on a 3-monthly basis.

d) No member, ceasing its membership of the Union for whatever cause, shall be entitled to a refund of any amount or portion thereof, paid by it to the Union in terms of the foregoing.

e) If a member has not paid the membership fees and/or levies, if any, due to the Union within two months of the due date and fails to pay same within one month after the member has been called upon to do so by the Union in Writing, the Union shall in its discretion either suspend the membership of such member until the fees have been paid or terminate the membership or take such steps as it may deem necessary in the circumstance.

f) A member shall cease to be a member of the Union if…
i. It resigns from the Union in writing.
ii. Payment of its affiliation fee has not been effected by the due date, unless in special circumstances the Executive Committee have agreed payment by alternative specified date.
iii. In the opinion of the Executive Committee, a member club shall have conducted its affairs in an irregular or improper manner or has willfully committed a breach of the provisions of this constitution or has contravened any of the basic rules of golf in the conduct of its affairs, in which circumstances the Executive may, after giving written notice to the club of such complaint, and having given the club an adequate opportunity upon reasonable notice of presenting its case, suspend such member club for such period as the Executive may deem fit or may terminate the membership of the Sub-union of such member club.

g) The Executive Committee may, upon receipt of an application in writing from a member whose membership has been terminated as above, reinstate such member upon such terms and conditions as it may decide.

h) Membership of the Union shall not give any club or member any individual right, title, interest, claim of demand in or any of the monies, property, or assets of the Union.
8) JUNIORS
a) The name of the division shall be called the “Northern Cape Junior Golf Division’’.

b) The headquarters of the division shall be at the offices of the Northern Cape Golf Union.

c) The division shall be directly affiliated to the Northern Cape Golf Union and shall operate as a sub-committee of the Northern Cape Golf Union. The object of the division is to:

i. Organize and administrate a series of tournaments during the year so that all juniors can be measured by an Order of Merit system for the selection of Provincial teams.
ii. Ensure that competitions and tournaments are at all times played at the best possible courses in the Union that is available at such time when the tournament is scheduled to be played.
iii. Ensure that ALL Juniors get equal opportunities to qualify for provincial and/or national selection.
iv. Establish ongoing junior competitions in clubs to grow and encourage an active and competitive Junior Community.
v. Establish a Junior Club League throughout the Northern Cape Golf Union.
vi. Develop and encourage correct etiquette of Golf with all juniors.
vii. Develop and encourage adherence to the Rules of Golf as prescribed by the R & A.

d) The Junior Sub-committee will be administered by members elected by the Executive.
9) LADIES
a) The name of the division shall be called the “Northern Cape Ladies Golf Division’’.

b) The headquarters of the division shall be at the offices of the Northern Cape Golf Union.

c) The division shall be directly affiliated to the Northern Cape Golf Union and shall operate as a sub-committee of the Northern Cape Golf Union. The object of the division is to…

i. Organize and administrate a series of tournaments during the year so that all ladies can be measured by an Order of Merit system for the selection of Provincial teams.
ii. Ensure that competitions and tournaments are at all times played at the best possible courses in the Union that is available at such time when the tournament is scheduled to be played.
iii. Ensure that ALL Ladies get equal opportunities to qualify for provincial and/or national selection.
iv. Establish ongoing Ladies competitions in clubs to grow and encourage an active and competitive Ladies Community.
v. Establish a Ladies Club League throughout the Northern Cape Golf Union.
vi. Develop and encourage correct etiquette of Golf with all Ladies.
vii. Develop and encourage adherence to the Rules of Golf as prescribed by the R & A.

d) The Ladies Sub-committee will be administered by the elected Ladies President.
e) Any matters specifically relating to Ladies golf, will be managed by the Ladies Sub Committee
f) Any communication specifically regarding Ladies golf, will be communicated by the Ladies Secretary.
10) MANAGEMENT
The affairs and activities of the Members shall be administered by the Executive Committee acting under the authority conveyed to it by this constitution or by any mandate given to it by the Union at a General Meeting.
11) ANNUAL GENERAL MEETING
The Annual General Meeting of the Union shall be held at such place as the Executive may decide within four months after the close of its financial year.

a) Sixty days’ notice in writing of such meeting shall be given by the Secretary of the Union to all members of the Union and to the members of the Executive.

b) The notice shall contain the following:
i. A request for motions to be put on the agenda,
ii. A request for nominations for Office Bearers to be elected at the Annual General Meeting,
iii. Motions for the agenda and nominations for Office Bearers must reach the Secretary thirty days before the date set down for the Annual General Meeting.
c) Fourteen days prior to the date set down for the Annual General Meeting, the Secretary shall forward an Agenda together with a copy of the financial statements to those persons specified in clause 11(b) above.

d) With the consent of all members present any special business not falling under General Business and not on the agenda may be dealt with and transacted.

e) The business of the Annual General Meeting shall be…
i. To read and confirm the minutes of the previous Annual General Meeting and of any Special General Meeting held during the past year and discuss matters arising.
ii. To read and confirm the report of the Executive and the financial statement for the year.
iii. To appoint a President and Vice-President.
iv. To appoint a Secretary and Treasurer (which offices may be held by either one or two persons)
v. To appoint the members of the Executive for the ensuing year.
vi. To make such other honorary appointments as the meeting may determine.
vii. Generally, to discuss and deal with all matters relating to Golf.
12) SPECIAL GENERAL MEETING
a) A Special General Meeting of the Union may be called at any time by the Executive for the purpose of considering any special business. A Special General Meeting shall also be called by the Secretary of the Union within 21 days of receiving a requisition signed by the Chairman and the Secretary of at least six member clubs of the Union.

b) Fourteen days’ written notice of any such Special Meeting, setting forth the purposes for which the meetings is called, shall be sent to each member of the Union and to each member of the Executive.

c) At any such Special Meeting only such business of which notice has been given may be transacted.
13) EXECUTIVE
a) The Executive shall consist of the following:
i. A President,
ii. Vice-President,
iii. Secretary,
iv. Treasurer,
v. A representative from each of the Sub-unions, (Diamond, Karoo, Namaqualand, and Van Druten),
vi. A representative from each Club in the Union that consists of more than 300 members. This type of Club shall be called an Urban Club.
vii. Ladies President.
viii. Junior Representative.
ix. Any co-opted member.
b) The President and Treasurer shall be appointed at the Annual General Meeting for a period of two years. Their term of office must however overlap for continuity purposes. The President’s two-year term shall start on the first ensuing even numbered year and the Treasurer on the first ensuing odd numbered year. The remaining members of the Executive are to be appointed at the Annual General Meeting for a period of a year.
c) All members of the Executive to be elected shall be members of one of the Golf Clubs in the territory of the Union, be affiliated members of the Union and shall be residing within the territory of the Union.
d) A Member of the Executive that no longer complies with any of the conditions for appointment as required under clause 13(a), (b), or (c) above shall resign before the end of his term of office.

e) The Management Committee will be appointed at the Annual General Meeting and will consist of the President, Vice-President, Secretary, and the Treasurer.
f) Nominations of candidates for election as President, Vice-President, Secretary and Treasurer shall be in writing, either by post, facsimile, or e-mail, submitted by any member of the Union to the Secretary and shall reach the Secretary not less than thirty days prior to the date of the AGM.
g) Names of representatives of the Urban Clubs and Sub-Unions must reach the Secretary thirty days prior to the date of the Annual General Meeting. These names also to be included in the agenda.
h) The candidates eligible for election to any particular position on the Executive shall, if they are unsuccessful in the election in respect of that position, automatically and without further nomination be eligible for election to any other post of the Executive.
i) In the event of there being insufficient candidates properly nominated to serve on the Executive, the President may accept nominations at the Annual General Meeting to fill any such vacancies.
14) POWERS OF THE EXECUTIVE
Subject to any special instructions that may be given to it by any meeting of the Union, the Executive shall have full power to carry on the affairs of the Union in such manner as it may in its discretion think necessary in the best interest of golf, and in addition to the general power hereby granted to it, the Executive shall have full power to carry out and to deal with any of the objectives of the Union as set out in Clause 5 of the constitution.
Such powers and duties shall include the following…
a) To suspend or terminate the membership of any Golf Club of Sub-Union which is a member of the Union should they:
i. Fail to pay their membership fees and/or levies if any, as set out in the constitution; or
ii. Fail to abide by the Rules of Golf and/or the Rules of Amateur Status.
b) To prescribe the conditions governing the formation and conduct of all Sub-Unions.
c) To fix the venue, time and conditions governing all competitions held under the auspices of the Union and any Sub-Unions.
d) To appoint Sub-Committees from amongst its members or otherwise, to carry out any of its powers.
e) To open Banking accounts in the name of the Union and to resolve the manner of operation of such accounts.
f) To frame such byelaws as it may consider necessary.
g) To select teams or players to represent the Union in Tournaments or in Golf matches.
h) To determine the manner in which Provincial Colours shall be awarded.
i) To take disciplinary action against a player who in the opinion of the Executive has committed a breach of the rules of golf in any competition or whose conduct in the opinion of the Executive is unbecoming in a player.
15) MEETINGS OF THE EXECUTIVE
a) The executive shall hold meetings at such venues and on such dates as it may decide from time to time. Management Meetings to be held as decided on by the Management Committee.
b) The President shall act as Chairman at the meetings and in his absence, the Vice-President shall act as Chairman. Should both the President and the Vice-President be absent, the meeting shall choose its own Chairman.
c) Six members of the Executive shall form a quorum at Executive Meetings and three members at Management meetings.
d) If at the expiration of half an hour after the time fixed for the holding of the meeting a quorum is not present, the meeting shall stand adjourned to such time and place as those members may decide, and if there is no quorum at such adjourned meeting, the members present at such adjourned meeting shall form a quorum and be competent to deal with and transact the business of the meeting.
e) Should a member of the Executive fail to attend three meetings of the Executive in succession or should he in the sole discretion of the Executive be guilty of conduct, which brings the game of golf into disrepute, he shall automatically be expelled from the Executive. The Executive however, in its sole discretion shall have the right to condone failure to attend such meeting.

16) MEETINGS OF THE UNION
a) All meetings of the Union shall consist of representatives of members of the Union and the members of the Executive, six of whom shall form a quorum.
b) The President of the Union shall take the chair at every meeting of the Union, and in his absence the Vice-President shall act for him. Should both the President and the Vice-President be absent, the meeting shall choose its own chairman from those present at the meeting.
c) The secretary of the Union shall be notified in writing of the names of the said representatives who will vote at the meeting at any time before the meeting. No members of the Executive shall be entitled to act as a representative of any Club or Sub-Union at a Meeting of the Union.
d) Each Member of the Executive shall have one vote.
e) A Member Club of a Sub-Union has no voting rights at a Meeting of the Union.
f) Voting by proxy shall not be allowed.
g) In the case of equality of votes the Chairman shall have a casting vote in addition to his ordinary vote.
h) If at the expiration of half an hour after the time fixed for the holding of the meeting a quorum is not present, the meeting shall stand adjourned to such time and place as those members present may decide, and if there is no quorum at such subsequent meeting, the members present at such shall form a quorum and be competent to deal with and transact the business of the meeting.
i) All questions submitted to any meeting of the Union shall be decided by a majority of votes, as determined in clause 15(d).
j) Any member of a Member Golf Club situated in the area of jurisdiction of the Union, shall be entitled to be present at any meeting of the Union and shall, with the consent of the Chairman, have the right to take part in any discussion at the meeting, but shall have no vote unless he is a member of the Executive.
17) VACANCIES ON THE EXECUTIVE
Any vacancy on the Executive occurring during the year may be filled by the Executive, including co-opted members required during that year.

 

18) FINANCIAL YEAR
The financial year of the Union shall run from 1st of September until 31st August the following year.
19) BOOKS OF ACCOUNTS
Books of account of the Affairs of the Union shall be kept and such books shall be submitted for audit to the auditors of the Union within one month of the end of the financial year. Audited accounted accounts and balance sheets shall be circulated as per clause 11 above and submitted at each Annual General Meeting.
20) AUDITORS
The accounts of the Union shall be audited annually by a Registered Public Accountant and Auditor who shall not be an Executive Member and who shall be appointed at the Annual General Meeting of the Union.
21) INDEMNITY
The President, Vice-President, members of the Executive Committee and all other officials of the Union shall be and hereby are indemnified out of and from the funds and property of the Union from and against all losses, charges, costs, damages and every expense and liability they may incur or be put to concerning or about the execution of their respective duties and in their capacity as such, and none of them shall be held answerable or deemed to be in any way responsible for any act or for any deficiency of any title or security whatsoever, taken by the Union; nor shall they be liable for any loss incurred by any banker or other person with whom money or securities of the Union may be deposited or entrusted for safe custody, invested or otherwise placed; nor for any loss, misfortune or damage which may happen or take place in the execution of their respective office or as a result of; provided however, that this indemnity shall not apply to a person guilty of a wilful or grossly negligent act or omission.
22) AMENDMENTS TO THE CONSTITUTION
The Constitution shall in no way be rescinded, amended, or added to, except by two-third majority of those present at an Annual General Meeting or Special General Meeting of the Union called for that purpose. In terms of the provisions of this Constitution, a copy of the proposed rescission, amendment or addition shall be sent to each Member of the Executive and to each Member Club or Sub-Union 14 days before the meeting.
23) DATE OF ADOPTION OF CONSTITUTION
This Constitution was adopted at a meeting held at Upington Golf Club on the 5th of November 2021.
In their capacity as the appointed Executive of the Northern Cape Golf Union, the Executive hereby certify that this Constitution is a true and genuine copy of the Constitution of the Northern Cape Golf Union.
Amendments
9/11/2019 – Removal of Past President as part of the executive (11e; 13a vii).
9/11/2019 – Removal of wording that the constitution was a “draft constitution” (22)
5/11/2021 – Ladies Section incorporated and inserted at Clause 9 (Note: Clause referrals now below section 9 were renumbered as a result at (11c, 13d, 16i, 19) as well as the relevant amendment notes above.
5/11/2021 – Ladies President, Junior Representative and any Co-opted member added to be part of the Executive in order to have voting rights. (13a)
5/11/2021 – The President and Treasurer portfolios are to each serve a 2-year term of office that overlaps each other (13b) for Committee continuity purposes.